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HomeMy WebLinkAbout2008 07 28 Consent 208 Approval of the July 14, 2008 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 14, 2008 CALL TO ORDER The Regular Meeting of Monday, July 14, 2008 of the City Commission was called to Order by Deputy Mayor Donald A. Gilmore at 5:17 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, absent Deputy Mayor Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, absent Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Brief discussion. • • AGENDA NOTE: THE FOLLOWING "AWARDS AND PRESENTATIONS" AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. • • AWARDS AND PRESENTATIONS AGENDA AWARDS AND PRESENTATIONS 300. Police Department Presentation By American Traffic Solutions Regarding A Red Light Running Camera Enforcement Svstem. Chief of Police Daniel J. Kerr, Police Department introduced this Agenda Item. c--"~' .;~' ~~~ ~"~ ~- '~ ~~ Mr. Greg Parks, Regional Vice President, Business Development, ATS -American Trafftc Solutions, 7681 East Gray Road, Scottsdale, Arizona: addressed the City Commission and showed a presentation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 2 OF 24 Discussion. Commissioner Robert S. Miller inquired of Mr. Parks, "Why do you have to give the public thirty (30) days Notice." Mr. Parks responded, "You don't have to, it's your Ordinance. Around the country, that's generally accepted principle to get the citizens aware of the program. There is no requirement and however you draft your Ordinance, we'll comply with." Commissioner Rick Brown asked for the Record about the number of citations issued and how many are missing. Discussion followed with Chief Kerr. Further for the Record, Commissioner Brown asked about the percentage of increase once the program has gone live; was there data on incremental revenue; and Code Violations. Discussion. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Brown asked for the status on the Primrose property and mentioned concerns he has with various other properties in the City. Discussion followed on holding a roundtable discussion on our business policy. Commissioner Miller suggested the Commission be provided with detailed information and data as to what has happened to various properties in the City, and suggested a date in September or October. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department remarked, "We will be happy to sit in a Workshop and work with you on these items." Mr. Stevenson added, "We'll work with you and -put together whatever information that you all agree to." Again, Commissioner Miller stated, "A Workshop? Yes. September maybe, October." Deputy Mayor Gilmore noted, "September, October period for me." Commissioner Joanne M. Krebs commented, "I think it is a good idea to have - a Workshop." Commissioner Krebs added, "I think September would be a fine time." Commissioner Miller suggested, "I think if we went down the list of projects under development." ~~ .~ r~ e~ ~_ '~ ~"~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 3 OF 24 Mr. Stevenson added, "We will be happy to discuss the issues with you at length." Commissioner Krebs then stated, "I just hope we can get those issues written down from those people who are actually giving us those issues right now, in other words -for instance, Centerline [Homes] or somebody like that." City Manager Ronald W. McLemore remarked that "Maybe you ought to think - October." Deputy Mayor Gilmore said, "Okay." Manager McLemore then noted, "We will bring this back at the end of September and set a date?" Deputy Mayor Gilmore stated, "Yes." Further discussion. Next, Manager McLemore remarked that "Maybe you ought to think -October." Deputy Mayor Gilmore said, "Okay." Manager McLemore then noted, "We will bring this back at the end of September and set a date?" Deputy Mayor Gilmore stated, "Yes." INFORMATIONAL 101. Community Development Department -Planning Division Wishes To Provide The City Commission With A Status Report On The Evaluation And Appraisal Report (EAR) And With The City's Compliance With Other Statutory Mandates. No discussion. INFORMATIONAL 102. Community Development Department - Urban Beautification Services Division ADD-ON Providing The City Commission With Additional Information Regarding The Florida Department Of Transportation (FDOT), Joint Participation Agreement (JPA) Grant For $142,000.00, To Install Landscaping On State Road 434 Medians In The Town Center District. Brief discussion. Deputy Mayor Gilmore stated, "May we have a Motion for Approval?" ~~ ~"' a'C'' r-t-~ "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 4 OF 24 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Police Department Requests The Commission To Approve The Expenditure Of $8,132.00 From Local Asset Forfeiture Funds For The Purchase Of Ten (10) New Taser Electronic Restraint Protection Devices And $8,926.28 From Federal Asset Forfeiture Funds For The Purchase Of One (1) Universal Night Sight For Use In High Risk Situations. No discussion. CONSENT 201. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Axtached Disposition Sheets. There was no discussion on this Agenda Item. CONSENT 202. Community Development Department Requesting Consent From The City Commission To Proceed With Planned Hardscape Improvements To State Road 434 Medians Located In The Town Center District. These Improvements Are Funded From The Local One Cent Sales Tax Initiative (I1 S -Road Improvements Fund). °-~ ~"~ ~~ Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 5 OF 24 CONSENT 203. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance And Chemical Services For The Tuscawilla Lighting And Beautification District At A Cost Of $101,028.00. Brief discussion. CONSENT 204. Police Department Requests The Commission To Approve The Authorization To Enter A Contract With American Traffic Solutions For An Automated Red Light Running Camera Enforcement System. Discussion. Tape 1/Side B City Attorney Anthony A. Garganese noted, ``The authorization to proceed with the Contract is going to be contingent upon adopting the law - to put that in place." Commissioner Miller asked, "So, we will have an Ordinance within a month?" Attorney Garganese responded, "Probably within the next said thirty (30) days." CONSENT 205. Parks And Recreation Department Requesting City Commission Approval To Accept A Check From The Tuscawilla Homeowner's Association. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: presented two (2) checks to the City on behalf of the Tuscawilla Homeowner's Association. CONSENT 206. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Inwood Office Building Phase I Site To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. L'.='~ ~_ d"" '° s'~'C~ ~"-.' This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 6 OF 24 CONSENT 207. Community Development Department -Planning Division Requests The City Commission Approve Authorization To Enter Into A Contract With Planning Communities, LLC For The Second Phase Of The EAR (Evaluation And Appraisal Report) Work To Prepare The Evaluation And Appraisal Report (EAR)-Based Comprehensive Plan Amendments, Due December 2009. ~': No discussion. ~: ice' '"Ly CONSENT 208. Office Of The City Clerk Approval Of The June 23, 2008 Regular City Commission Meeting Minutes. Q There was no discussion on this Agenda Item. CONSENT 209. Public Works Department Requesting Supplemental Appropriation City Hall. For The Repairs And Maintenance Of Discussion followed with Mr. Kip Lockcuff, P.E., Director, Public Works Department. "I WOULD MAKE A MOTION TO TAKE CARE OF 1. AND 2., AND POSTPONE 3. AND 4. UNTIL OCTOBER." MOTION BY COMMISSIONER KREBS. MOTION DIED FOR LACK OF A SECOND. Further discussion. Deputy Mayor Gilmore stated, "May we have a Motion for Approval?" "MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 7 OF 24 •:• • AGENDA NOTE: THE REMAINING "AWARDS AND PRESENTATIONS" AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. • •:• AWARDS AND PRESENTATIONS AGENDA AWARDS AND PRESENTATIONS 301. Office Of Deputy Mayor Donald A. Gilmore Presentation Of A Proclamation Recognizing Amateur Radio Week. Deputy Mayor Gilmore presented a Proclamation in honor of "Amateur Radio Week". Discussion. ."'~"~ REPORTS ti:~ ~,,,~ REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese informed the City Commission that he sent a "Demand Letter regarding the Jesup's Landing Bond. I have been contacted to arrange a Meeting to discuss both the Jesup's Landing Bond and the Jesup's Reserve Bond." REPORTS 401. Office Of The City Manager -Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces mentioned that there is a Budget Workshop set for tomorrow and Wednesday evening, beginning at 5:30 p.m.; and the LEED (Leadership in Energy and Environmental Design) Workshop is set for next Monday, July 21, 2008, beginning at 6:30 p.m. Next, City Clerk Lorenzo-Luaces commented on the Jingle Bell SK Run and asked the City Commission if they "Would be interested in a $5,000.00 donation to be the key sponsor of this event for this year -the money is in the Commission's Budget -there would be no supplemental appropriation." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 8 OF 24 Discussion. Commissioner Brown noted, "I think BoysTown and Leadership Seminole -speaking with my Board Member hats on -would agree to it, only if the designation of the revenue in the funds did not change and it would continue to be a BoysTown and a Legacy of ..,~ Leadership run for their benefit." ~ Furthermore, Commissioner Brown remarked, "But any agreement with the City as far as ~ a'~C~ sponsorship obviously would be entered into BoysTown -all those contracts are reviewed ~°~,J by BoysTown Counsel up in Omaha and it would be a great opportunity for the City." Commissioner Brown added, "It really needs to stay a BoysTown and Legacy of ~ Leadership Charity Event." Further discussion ensued on a possibly Voting conflict for Commissioner Brown. Discussion. Commissioner Brown remarked, "This Run carne out of a desire to continue the giving Legacy of Leadership Seminole Class 15 whose initial project was the rehabilitation of the five (5) group homes over at BoysTown and then it was also incorporated by the succeeding Class, Class 16 and the SK was the fundraiser Event in that first year; and Leadership Seminole also adopted it and decided to make it a Legacy of Leadership branded event for the benefit of BoysTown in successive. year after year after year. So, we had it in the Town Center at Winter Springs last year. We would love to have it in the Town Center all the time. I think the opportunity to conduct that SK over the bridge is a great incentive for people to come." Additionally, Commissioner Brown noted, "I think that there is an opportunity to continue doing it in Winter Springs year after year. I guess what I am cautioning is if the intent - if what you are expressing is your intent to Vote for this, is to be the determiner of where those profits or those charity revenues end up, then I don't think that would be agreeable to either BoysTown or Leadership Seminole. It is our Event. We were just choosing where to have it and Winter Springs seems like a logical opportunity. There has also been talk about having it at the BoysTown campus; there has been talk about having it in other locations. I think what Andrea (Lorenzo-Luaces) was trying to secure if I remember my conversation with her, it was that it would be continued in Winter Springs for all the economic reasons, year after year after year." Commissioner Brown then said, "It would not become a Winter Springs owned Event." Commissioner Krebs remarked, "It won't..." Commissioner Brown added, "...Not to where you designate where those funds go, no. I am sure that we could -and everybody so far, has loved the idea of doing it in Winter Springs and I am sure that we could discuss with the BoysTown Board doing it in Winter Springs for successive years. I am sure nobody would have an issue with that because everybody loved the venue." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 9 OF 24 Further discussion. Manager McLemore suggested, "Why don't you make your Vote for this year contingent upon them keeping it here, and if they agree to that you go with it; and if you don't, you don't go with it." ~ "I MAKE A MOTION THAT WE APPROVE THE REQUEST TO -SUPPORT ~~ THIS, TAKING INTO CONSIDERATION THE COMMENTS MADE BY ~"'T~ COMMISSIONER BROWN AND ALSO THAT IT BE CONTINGENT UPON F"''C~ BOYSTOWN COMING BACK AND SAYING THAT THEY WOULD KEEP THE c '~ EVENT HERE - I WOULD LIKE TO SEE IT FOR MULTIPLE YEARS." COMMISSIONER MILLER ADDED, "WHY DON'T WE SAY FOR THE NEXT ~~ FIVE (5) YEARS." MOTION BY COMMISSIONER MILLER. SECONDED BY ... COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR GILMORE SUMMARIZED THE MOTION AS, "THAT WE OFFER THE BOYSTOWN/LEADERSHIP SEMINOLE (SK) RUN HERE AT WINTER SPRINGS, CONDITIONAL ON IT BEING HELD HERE FOR FIVE (5) YEARS." ATTORNEY GARGANESE COMMENTED, "FIVE THOUSAND DOLLARS ($5,000.00) SPONSORSHIP CONTRIBUTION..." DEPUTY MAYOR GILMORE THEN SAID, "...AND IT WILL BE A FIVE THOUSAND DOLLAR ($5,000.00) SPONSORSHIP..." ATTORNEY GARGANESE ADDED, "...ON THE CONDITION THAT IT BE HELD IN WINTER SPRINGS IN THE NEXT FIVE (5) YEARS." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: ABSTAINED DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. City Clerk Lorenzo-Luaces said to the City Commission, "Thank you." REPORTS 403. Commission Seat Three/De No Report. Mavor -Donald A. Gilmore REPORTS CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 10 OF 24 404. Commission Seat Four -Sally McGinnis Absent. .---~~ REPORTS ~.,~.,.~ 405. Commission Seat Five -Joanne M. Krebs ~~~/ Commissioner Krebs asked about the status of the Veterans Memorial. Discussion. ~ ..~'"° Next, Commissioner Krebs spoke of high school car washes and the kids get right in the street. Commissioner Krebs commented on her concerns with the children getting hurt. Chief Kerr stated, "We will do two (2) things -we'll make contact with the School and then we'll also have someone go out each time they have one, explain it to them -what they can and cannot do, and we'll monitor it." Manager McLemore added, "We need to put that as a special condition in their permit, that they won't be in the street." REPORTS 406. Office Of The Mavor -John F. Bush Absent. REPORTS 407. Commission Seat One -Robert S. Miller Commissioner Miller asked about the status of the WMFE contract and payments; and whether Mayor Bush had looked into this matter. Commissioner Miller suggested we find out about any benefits we have received from WMFE thus far, and whether the latest payment has been made, or Notice given. Then, Commissioner Miller asked if there was a possibility that we could cancel the latest payment? Manager McLemore said, "We need to look at the Contract and see if we're beyond the Notice period." Next, Manager McLemore suggested, "I think the burden should be upon them to come before this Commission, and not me or the Mayor to come before you and say to you, `This is what we have done with your money, and are you satisfied with that'?" Then, Commissioner Miller asked if we could send them Notice and that within the period prior to sending the next check, that they come before us. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 14, 2008 PAGE I I OF 24 REPORTS 408. Commission Seat Two -Rick Brown Commissioner Brown asked for an update on the Winter Springs Golf Course conservation area. ~'°~ Much discussion. ~10' Tape 2/Side A Commissioner Krebs suggested that someone would know where to get a list of applicable sources. Manager McLeinore added, "I would think there are people out there that could help us with that - we could do that. We sent out a letter of interest saying `This is what we're looking for, is anyone interested?' I think it would be a better letter if it kind of says this is what the City is willing to do and not willing to do." "I WOULD - MAKE A MOTION THAT WE HAVE SOMETHING BACK TO US WITHIN NINETY (90) DAYS REGARDING WHERE WE ARE..." COMMISSIONER BROWN SUGGESTED, "...OCTOBER 31sT. " COMMISSIONER KREBS CONTINUED, "...OKAY - THAT WE HAVE INFORMATION BACK, WE HAVE A PLAN, WE ACTUALLY HAVE A PLAN." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER BROWN CLARIFIED, "IF I HEARD YOU RIGHT, AN ORGANIZATION SUCH AS THE THOA (TUSCAWILLA HOMEOWNERS ASSOCIATION) COULD CREATE A SUBORDINATE 501(c)(3) FOR THE PURPOSE OF BEING A LAND TRUST AND BEING PARTY TO THIS. IS THAT CORRECT?" ATTORNEY GARGANESE REPLIED, "YES. IF THEY MEET THE STATUTORY REQUIREMENTS. YES, THEY WOULD BE ELIGIBLE TO BE A RECIPIENT AND BECOME A THIRD PARTY BENEFICIARY." COMMISSIONER BROWN CONTINUED, "AND THE HIGHLANDS COULD DO THE SAME THING?" ATTORNEY GARAGANESE RESPONDED BY SAYING, "THEY COULD. I MEAN, IT RAISES SOME OTHER ISSUES ABOUT THEIR WHEREWITHAL -THEIR WHEREWITHAL TO ACTUALLY STEP IN AND BEING AN ENFORCER. I MEAN, YOU COULD HAVE A CORPORATION CREATED WITHOUT THE WHEREWITHAL, WITHOUT ANY FUNDS TO GO IN AND ENFORCE WHEN ENFORCEMENT IS NECESSARY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 12 OF 24 DEPUTY MAYOR GILMORE EXPLAINED THE MOTION WAS "TO BRING BACK BY OCTOBER 31sT, SOME ACTION ON THE CONSERVATION EASEMENT WITH A THIRD PARTY AT WINTER SPRINGS GOLF COURSE." DEPUTY MAYOR GILMORE ADDED, "ONE (I) OR MORE -PARTIES." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Next, regarding the seed money for the Incubator with Mr. Tom Corkery, Commissioner Brown asked if the time frame was set to begin construction on the second building, or if it had lapsed? Manager McLemore stated, "I don't know if there was qualifying language in it or not, but we'll certainly check it and see." Commissioner Brown then commented on emailing Agendas when possible, and if something has to be mailed, to then use the smallest envelope rather than a large mailing envelope. City Clerk Lorenzo-Luaces commented that she agreed and would take care of his concern. Deputy Mayor Gilmore called a Recess at 6: SS p. m. The Regular Meeting was called back to Order at 7:08 p. m. PUBLIC INPUT Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: commented on City Events; said he did not think the City Clerk should be asking for donations; and that the City Commission should continue to not fund Events. Mr•. Rory Frazier, 673 Wishaw Lane, Winter Springs, Florida: as the President of the Casa Park Villas Homeowner's Association, Mr. Frazier mentioned he had sent a letter to Mayor Bush regarding not being able to build screen rooms in Casa Park Villas; and then commented on heavy dumpster lids which are too heavy for Senior Citizens to open. '.,~ rte' ~"'~~ °-"~ Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 13 OF 24 Commissioner Brown suggested we ask about plastic side doors. Manager McLe>nore stated, "We can ask." Commissioner Miller suggested that he would like the City Manager to look into this and get back to Mr. Frazier and to the City Commission. Mr. Stevenson spoke of a previous Agenda Item and the screen enclosure situation and said, "We're struggling with some language to address, not only Casa Park's issue, but also those zero lot lines that are quadraplexes and things of that nature. Because -these are -really screen enclosures that have solid roofs on them and therefore, they need to meet the setback and we have a minimum ten foot (I O') setback on zero lot lines in PUD's (Planned Unit Developments). So, when we change this text, and we do have a lot of it written so far, and we'll certainly move forward with it as best we can to get it back before you; but we have to be very careful on how we amend this text because it doesn't just affect Casa Park; it affects every development regardless of its layout, if it's a zero lot line in a PUD (Planned Unit Development). And we have numerous layouts, quadraplexes, straight townhome type of areas which actually have a lot with them. Those that don't have lots of things of this nature. So, we will make every effort to go ahead and work through this and try to address not only Casa Park's issue, but also all of the zero lot lines and get that language back in front of you as soon as possible." Mr. Dale Kirby, 122 Seville Chase Drive, Winter Springs, Florida: commented on budget issues related to affecting the appearance of Winter Springs; cutting beautification projects around the City; and suggested the City consider a four (4) day workweek. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 General Commercial District. Attorney Garganese read the Ordinance by "Title" only. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 14 OF 24 Attorney Garganese stated for the Record "Mr. Phillips has a uniquely situated property along SR (State Road) 419 uliderneath or near power transmission lines and -we're looking at possibly changing the `Uses' in the C-2 Zoning District for purposes of making that Property more economically viable. So, the difference between First and Second Reading are generally as follows -beginning on page 2 of 4, I just wanted to point these out -proposed `Use' number (34) regarding outdoor storage. The types of vehicles that would be allowed to be stored, we added `Miscellaneous fleet vehicles' that are not generally related to a dispatch yard. And then other vehicles prohibited in residential areas under Sections 20-411. and 20-431. of the Winter Springs Code. That was extensively discussed at the last -Commission Meeting. With respect to proposed `Use' number (5) regarding the single warehouse building -the number was changed from 17,500 square feet to a maximum of 27,000 square feet and a height of twenty-five feet (25'). We added some language saying that `No outdoor storage of products and materials shall be permitted near the warehouse'. Going to the next page -page 3 of 4 regarding the proposed [Section] 20-256., which are supplemental outdoor storage and warehousing requirements which would apply to those `Uses' I just mentioned. Some changes beginning on number (1). The outdoor storage as was in First Reading, has to be screened by a ten foot (10') wall. We added some language that `The outdoor storage shall not be visible from any public street'. On number (4), we added some language indicting that on-site light minor maintenance and cleaning of the stored vehicles would be allowed. We had extensive discussion regarding mobile to mobile maintenance and mobile cleaning people that might want to go to that site to clean stored vehicles. However, we -put some strong language in here that the following would be strictly prohibited, `Refueling oil and engine fluid changes, heavy and major repairs and restoration and parts salvage' would not be allowed for the outdoor storage facility. We also added some language that `Storage of junk is strictly prohibited'. We added language that `Contractor yards are strictly prohibited'. We added some language that `Storage of vehicles and trailers that are classified as wide-load vehicles and trailers are strictly prohibited'. And, those were the changes. I just need to bring one thing to your attention. I inadvertently left out some language that was in the First Reading that needs to be added back and that is the `Storage areas have to be on paved or other stabilized surface approved by the City', and that's a general summary. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department introduced this Agenda Item for discussion. ~_ a-~ ~"~ ~_ ~' Tape 2iSide B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE I S OF 24 Continuing, Ms. Sahlstrom completed her comments. Discussion followed on storage and outdoor storage. Commissioner Brown said to Ms. Sahlstrom, "So, if we approve this as written, Mr. (Bart) Phillips can do what he needs to do on that property? Is that correct?" Manager McLemore stated, "Within the limitations provided in there." Mr. Bart Phillips, 212 Morton Lane, Winter Springs, Florida: stated, "Yes, this will work for the business that I decided to do; and with the pictures of those containers being sky high, I mean we already wrote in that we can't do anything over 13' 6" anyway, so that would be an impossibility." Discussion ensued on Code Enforcement Liens and the Trail. Commissioner Miller spoke of his preference that the Trail be widened. Deputy Mayor Gilmore opened the "Public Input "portion of the Agenda Item. No one spoke. Deputy Mayor Gilmore closed the "Public Input "portion of the Agenda Item. Manager McLemore suggested, "In our discussions, we talked about -that the `Use' of the vehicle storage on the southern side or the [State Road] 419 side will be limited to vehicles not more than ten feet (10') and that higher than that would have to be parked along the northern boundary at 13' 6", I think, was the maximum height -Bart (Phillips), I'd like to see that go back in there - I thought we agreed on that." Attorney Garganese remarked, "We did." Manager McLemore then said, "So, it just needs to be in the language..." Continuing, Manager McLemore stated, "...I think we already agreed to it, that there would not be any paint and body work involved out there on any of the vehicles as part of the prohibition against heavy maintenance." Next, Manager McLemore mentioned, "Also, Iny clarification was about the parking services. Personally, I know it currently says `Stabilized'; but I'd like to see that `Improved parking, paved parking', because I think the amount of truck action on a - stabilized service can create a mess. And again, I thought we agreed that this was improved parking area; hard surface, not stabilized surface." :~ ~~~ a-~ ~_ .~ ~'~' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 16 OF 24 Furthermore, Manager McLemore stated, "Also, I thought that we had talked about a limitation on the number - of the large semi-tractor trailer trucks - so that, obviously, our - I think from our perspective, Staff s perspective, and as I mentioned last time, we were mainly concerned about trying to provide residents an outlook for those vehicles that are prohibited by our -commercial vehicle Ordinance. But assuming -that you had ten (10) or twelve (12) semi's who wanted to park there, that would be taking away those opportunities; so, my question is should we -relative towards the intent, have some limitation on the number of semi's that would be parked there? Didn't we talk about that to some degree?" Manager McLemore added, "I think we were talking about three (3) weren't we? I think it is important we come to some agreement on that so that we preserve spaces to do what the major intent was." Manager McLemore remarked, "I am somewhat interested in this issue of whether vehicles should be tagged and in operable order when they go back there." Manager McLemore added, "Where did we arrive?" Attorney Garganese replied, "Take it out." Continuing, Manager McLemore explained, "The concern was there would be vehicles back there that really are -not operable, they're just being stored there until they can be salvaged somewhere or require a large amount of heavy maintenance, and that remains a little bit of a concern to me." Manager McLemore then commented, "Specify that the 10 foot (10') - 13' 6" 13' 6" issue." Further, Manager McLemore noted, "And, some limitation potentially on the number of semi-trailers that would be back there. And I know there are in Winter Springs, or there used to be, two (2) or three (3) people that actually tried parking their tractor trailers at their houses and we had to move them out; so, I know there's some need there. But I'd like to see some discussion on limiting the number of those so the other spaces can be made available for the smaller, single axle vehicles." With further discussion, Manager McLemore said, "What I hear you say is that you want a prohibition on construction equipment. I think it is there; if not, we need to clarify that." Manager McLemore added, "If we need clear language saying they can't have - construction equipment, then we clarify the language." No objections were noted. Attorney Garganese suggested, "It just needs to be emphasized." Continuing, Attorney Garganese noted, "If we need to clarify something, beef it up, we could do that -the Manager brought up a couple of points regarding -putting in specific height restrictions - we will go ahead and do that..." Manager McLemore added, "...Limitation on supplies and -hard surfaces..." Attorney Garganese then noted, "...Right. No paint and body work." Furthermore, Attorney Garganese stated, "Limit the number ofsemi-trailers, we could add that." ~"'~ ~~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 17 OF 24 Attorney Garganese then spoke of the "Paved or stabilized parking surface.'' Manager McLemore explained, "A paved surface being a hard surface with appropriate drainage whereas unstabilized, you have a type of sub-surface treatment that's hard but is not going to take continuous action or vehicles coming and going and turning and moving and all that kind of stuff on it without a high degree of maintenance. So, I am just asking that it be a paved surface, properly drained." Attorney Garganese noted, "I certainly can add that." Mr. Hugh Harling, 850 Courtland Street, Orlando, Florida: as the Consultant for Mr. Phillips, Mr. Harling stated, "The stabilized road system, parking system, we very successfully used a recycle material called `RAP' (`Recycled Asphalt Products'), that's dust-free and does provide a good wearing surface and also is - eco-friendly in that it percolates also at the same time; so, we don't have a problem as long as that's an allowable material that can be used.'' Tape 3/Side A Mr. Harling continued to explain `RAP' `(Recycled Asphalt Products'). Commissioner Krebs said to Manager McLemore, "I don't know if you're willing to accept that?" Manager McLemore responded, "I think so. We can talk to our engineering people about it but Hugh (Harling) and Kip (Lockcuff) can -our people can get together and let them review it." Commissioner Miller noted, So, it has been agreed that the areas will be paved..." Manager McLemore added, "...With this material.'' Mr. Harling stated, "With this material, yes." Licensed and operable vehicles were discussed next and Manager McLemore suggested, "I think maybe we could solve this by specifically permitting vehicles that are stored there for restoration..." Mr. Harling agreed and stated, "...Yes..." Manager McLemore continued, "...And that all other vehicles would have to be licensed, operable vehicles, is that okay?" Mr. Harling replied, "That's fine." Contractor yards and other concerns were discussed next; to which Mr. Harling noted, "I think we have eliminated every one of those things from an operational stand - no painting - no oil changes; nothing that is polluting; no storage of hazardous waste materials." Commissioner Krebs suggested, "Have him put that in -that language." ~r °~"~ CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 18 OF 24 With discussion on parking of vehicles, Manager McLemore remarked, ``Didn't we cover that when we said - if we have an Agreement that says, you can't lease that property to another company for fleet purposes..." Mr. Harling stated, "...Right..." Manager McLemore continued, "...That solves that problem." Commissioner Miller inquired, "Is that in here?" Manager McLemore commented, "We talked about putting it in there." With further discussion, Manager McLemore noted, "I think that solves the problem if we could talk about fleet issue, we just say `You can't contract with anybody to do fleet parking'." Mr. Harling agreed and said, "That's fine." Next, Manager McLemore explained, "We have - a prohibition on a number of spaces that could be used for tractor trailers..." Mr. Harling stated, "...Five (5)..." Manager McLemore added, "...Tractor trailer whether they are pulling a trailer that parks -they transport cars to California on or whether it is a closed body that they - a refrigeration truck. We agree that that limits that problem." Mr. Harling remarked, "...Right..." Attorney Garganese asked, "What kind of vehicle? How do you define the vehicle? Tractor trailer..." Manager McLemore noted, "...A tractor trailer -these are the big vehicles." Manager McLemore then asked, "So, you said five percent (5%) of the spaces..." Mr. Harling stated, "...Five percent (5%)." With further comments on this, Mr. Harling remarked, "Let's just say no more than ten (10) spaces." Deputy Mayor Gilmore summarized, "No more than ten (10) spaces for tractor trailers..." Manager McLemore added, ``...Tractor trailers of any kind." Mr. Harling remarked, "Correct." Manager McLemore then explained, "Whether they are pulling automobile trailers or whether they are refrigerator trailers or whatever." Deputy Mayor Gilmore next said that he thought that contractor yards should be better detined. Mana~er McLemore suggested to the City Commission that "You could bring this back for 3' Reading to bring it back to you with -the perfecting language we talked about tonight. We can do that - go and change the language and bring it back to you for 3'd Reading. ~'®' °"'~ ~'.' " '.~ ~~ ~"°" "MOVE - WE BRING IT BACK FOR 3RD READING WITH THE CORRECTED LANGUAGE." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 19 OF 24 MANAGER McLEMORE SAID, "WE HAVE THIS CONFLICT GOING ON BETWEEN THOSE THINGS WHICH WE PROHIBIT IN NEIGHBORHOODS AND THERE ARE A LOT OF PEOPLE OUT THERE WHO DO HAVE A VEHICLE AND -THEY PULL A LITTLE TRAILER WITH A BACKHOE ON IT. DO WE NOT WANT TO ALLOW THEM TO USE THIS PLACE -WHEN WE PROHIBIT IT IN A NEIGHBORHOOD?" DEPUTY MAYOR GILMORE ASKED, "WHAT TYPE OF BACKHOE ARE YOU TALKING ABOUT -ARE YOU GETTING AGRADE-ALL IN THERE? WHY NOT - IT IS NOT PROHIBITED?" DEPUTY MAYOR GILMORE ADDED, "I COULD BRING GRADE-ALES IN THERE, I COULD BRING A MICHIGAN FRONT-END LOADERS..." MANAGER McLEMORE STATED, "...NOT IF WE PROHIBIT HEAVY CONSTRUCTION VEHICLES..." DEPUTY MAYOR GILMORE THEN SAID, "...THEN YOU HAVE TO PUT THOSE TERMS IN THE ORDINANCE." MANAGER McLEMORE STATED, "OKAY" AND ASKED IF THERE WERE ANY OTHER ISSUES? DEPUTY MAYOR GILMORE NOTED, "WE HAVE AGREED TO TEN (10) TRACTOR TRAILERS." MANAGER McLEMORE SAID, "WE AGREED TO THAT." DEPUTY MAYOR GILMORE SUGGESTED, "LET US DEFINE THE CONSTRUCTION EQUIPMENT THAT YOU ARE GOING TO HAVE IN THERE." DISCUSSION FOLLOWED ON EQUIPMENT AND NUMBER OF AXLES. MANAGER McLEMORE SUGGESTED, "I THINK WE CAN COME UP WITH LANGUAGE THAT KEEPS IT LIGHT EQUIPMENT AND NOT GET INTO HEAVY CONSTRUCTION EQUIPMENT, AND I THINK WE CAN DO THAT BY LIMITATIONS ON THE WEIGHT LIMIT OF THE TRAILER AND SOME WORDS THAT CLARIFY THAT THIS IS FOR LIGHT MAINTENANCE RELATED ACTIVITIES, NOT FOR HEAVY CONSTRUCTION." MR. HARLING STATED, "OKAY, THAT'S FINE." DEPUTY MAYOR GILMORE NOTED, "THE MOTION ON THE FLOOR WAS TO ALLOW THE CITY ATTORNEY AND THE CITY MANAGER TO GO BACK AND RE-WRITE THIS ORDINANCE AND BRING IT BACK TO THE COMMISSION -FORA THIRD READING." COMMISSIONER MILLER ADDED, "TWO (2) WEEKS." COMMISSIONER BROWN NOTED, "THIRD AND FINAL." MANAGER McLEMORE EXPLAINED, "PERFECTING LANGUAGE IS THE WAY I WOULD SEE IT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 20 OF 24 VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PU[3LIC HEARINGS 501. Community Development Department -Planning Division Requests The City Commission remove From The Table And Hold A Public Hearing For First Reading Of Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31(e)." Attorney Garganese suggested this Agenda Item he Tabled to the next Meeting. "MOTION TO TABLE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office Of The City Attorney And Office Of The City Clerk Asking The City Commission To Review And Consider Approving The First Reading Of Ordinance 2008-14 Which Amends The City Of Winter Springs' Code Of Ordinances Related To Averting The Need For A Runoff Election Should There Be A Tie Vote During Any Municipal Election. Deputy Mayor Gilmore stated, "Can I have a Motion to read by `Title' only?" ti aa-~" ~°'~ "~ "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 21 OF 24 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE ~ COMMISSIONER MILLER: AYE .,_~_~,~, DEPUTY MAYOR GILMORE: AYE ~, MOTION CARRIED. ~""~ Attorney Garganese read the Ordinance by "Title" only. ~~ Discussion. "I MAKE A MOTION TO DENY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Gilmore closed the "Public Input" portion of the Agenda Item. CITY CLERK LORENZO-LUACES ASKED ATTORNEY GARGANESE IF THERE WOULD BE A PROBLEM WITH THE TIMING OF A RUNOFF ELECTION AND ABSENTEE BALLOTS. CITY CLERK LORENZO-LUACES NOTED FOR THE RECORD THAT SHE DID NOT HAVE A PROBLEM WITH THE COMMISSION'S CONCERNS, BUT SAID, "THE REASON MIKE ERTEL (SUPERVISOR OF ELECTIONS) SUGGESTED THIS IS BECAUSE HE SAID THE STATUTORY REQUIREMENT TO -HANDLE ABSENTEE BALLOTS, THERE IS NO WAY THAT THEY CAN BE MAILED, IF THERE ARE ANY RESIDENTS WHO ARE OVERSEAS, IN TIME TO MEET THAT TWO (2) WEEKS, SO THAT IS WHY WE BROUGHT IT UP TO YOU." ATTORNEY GARGANESE STATED, "IF THE COMMISSION DOESN'T WANT TO GO TO THE DRAWING OF LOTS, THEN MAYBE WE NEED TO GO BACK AND LOOK AT THE CURRENT ORDINANCE REQUIREMENT THAT THE CURRENT RUNOFF BE HELD WITHIN FOURTEEN (14) DAYS -THAT MAY NOT BE A LEGAL POSSIBILITY, BECAUSE OF OTHER REQUIREMENTS." CONTINUING, ATTORNEY GARGANESE STATED, "WE WILL GO BACK, AND BASED ON YOUR DIRECTION, GO BACK AND LOOK AT THAT FOURTEEN (14) DAY WINDOW BECAUSE WE WOULD HAVE TO COME BACK WITH - A CODE TO MAYBE EXTEND THAT THE PERIOD BECAUSE FOURTEEN (14) DAYS ISN'T ENOUGH TIME TO HOLD THE LEGAL RUNOFF." CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 22 OF 24 COMMISSIONER KREBS STATED, "THAT IS FINE." COMMISSIONER BROWN SUGGESTED, "I WOULD BE MORE INCLINED TO ADJUST THE ORDINANCE FOR A PERIOD OF TIME THAT - WE ARE LEGALLY CAPABLE TO ACCOMPLISH FOR DOING THE RUNOFF." COMMISSIONER MILLER RECOMMENDED THE CITY ATTORNEY ~ "BRING SOMETHING BACK THAT WOULD SUGGEST WAYS THAT WE s NEED TO MAKE OTHER CHANGES IN OUR CHARTER OR WHATEVER, TO FACILITATE THIS DECISION." VOTE: ~ COMMISSIONER KREBS: AYE ~ COMMISSIONER BROWN: AYE ~- DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. •:••:• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. •:• • REGULAR AGENDA REGULAR 601. Office Of The City Clerk Requests That Commissioner Robert S. Miller Make An Appointment/ Reappointment To The Oak Forest Wall And Beautification District Advisory Committee. (Advisory Board Appointment) "I WOULD LIKE TO NOMINATE TERRY PATTEN." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 23 OF 24 REGULAR 602. Not Used. RECULna -- 603. Information Services Department s Recommends Outlook Web Access (OWA) As The Means For Elected Officials To ~ Access Their City Email. ~,.~ Ms. Joanne Dalka, Director, Information Services Department briefly addressed the City G'~ Commission on this subject. `~ ~~ "MOTION TO APPROVE ITEM `603'." MOTION BY COMMISSIONER'°„~'~ KREBS. SECONDED. DISCUSSION. DEPUTY MAYOR GILMORE RESTATED THE MOTION THAT "THE COMMISSIONERS USE THE OUTLOOK WEB ACCESS FOR THEIR EMAIL TO CITY HALL." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Deputy Mayor Gilmore called a Recess at 9:11 p. m. The Regular Meeting was called back to Order at 9:21 p. m. REGULAR 600. Office Of The City Manager Requesting The City Commission To Receive The Presentation Of The FY (Fiscal Year) [20)09 Preliminary Budget. Manager McLemore began his presentation on the new Budget. Discussion. Next, Mr. Kevin Smith, Director, General Services Department also contributed to the Budget presentation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 24 OF 24 DlscUSSIOn. Tape 3/Side B Further discussion. .~~n Discussion followed on the State Board of Administration (SBA). ~' f'°~ Just before the meeting concluded, there was brief discussion on next week's LEED (Leadership in Energy and Environmental Design) Workshop which is still scheduled for ~ Monday, July 21, 2008. .,~ ADJOURNMENT Deputy Mayor Gilmore adjourned the Regular Meeting at 10:18 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, DEPUTY CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approve) at the _, 2008 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 14, 2008 CALL TO ORDER The Regular Meeting of Monday, July 14, 2008 of the City Commission was called to Order by Deputy Mayor Donald A. Gilmore at 5:17 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, absent Deputy Mayor Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, absent Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Brief discussion. • • AGENDA NOTE: THE FOLLOWING "AWARDS AND PRESENTATIONS" AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. • • AWARDS AND PRESENTATIONS AGENDA AWARDS AND PRESEN"rAT10Nti 300. Police Department Presentation By American Traffic Solutions Regarding A Red Light Running Camera Enforcement System. Chief of Police Daniel J. Kerr, Police Department introduced this Agenda Item. Mr. Greg Parks, Regional Vice President, Business Development, ATS -American Traffic Solutions, 7681 East Gray Road, Scottsdale, Arizona: addressed the City Commission and showed a presentation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 2 OF 24 Discussion. Commissioner Robert S. Miller inquired of Mr. Parks, "Why do you have to give the public thirty (30) days Notice." Mr. Parks responded, "You don't have to, it's your Ordinance. Around the country, that's generally accepted principle to get the citizens aware of the program. There is no requirement and however you draft your Ordinance, we'll comply with." Commissioner Rick Brown asked for the Record about the number of citations issued and how many are missing. Discussion followed with Chief Kerr. Further for the Record, Commissioner Brown asked about the percentage of increase once the program has gone live; was there data on incremental revenue; and Code Violations. Discussion. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. Commissioner Brown asked for the status on the Primrose property and mentioned concerns he has with various other properties in the City. Discussion followed on holding a roundtable discussion on our business policy. Commissioner Miller suggested the Commission be provided with detailed information and data as to what has happened to various properties in the City, and suggested a date in September or October. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department remarked, "We will be happy to sit in a Workshop and work with you on these items." Mr. Stevenson added, "We'll work with you and -put together whatever information that you all agree to." Again, Commissioner Miller stated, "A Workshop? Yes. September maybe, October." Deputy Mayor Gilmore noted, "September, October period for me." Commissioner Joanne M. Krebs commented, "I think it is a good idea to have - a Workshop." Commissioner Krebs added, "I think September would be a fine time." Commissioner Miller suggested, "I think if we went down the list of projects under development." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 14, 2008 PAGE 3 OF 24 Mr. Stevenson added, "We will be happy to discuss the issues with you at length." Commissioner Krebs then stated, "I just hope we can get those issues written down from those people who are actually giving us those issues right now, in other words -for instance, Centerline [Homes] or somebody like that." City Manager Ronald W. McLemore remarked that "Maybe you ought to think - October." Deputy Mayor Gilmore said, "Okay." Manager McLemore then noted, "We will bring this back at the end of September and set a date?" Deputy Mayor Gilmore stated, "Yes." Further discussion. Next, Manager McLemore remarked that "Maybe you ought to think -October." Deputy Mayor Gilmore said, "Okay." Manager McLemore then noted, "We will bring this back at the end of September and set a date?" Deputy Mayor Gilmore stated, "Yes." INFORMATIONAL 101. Community Development Department -Planning Division Wishes To Provide The City Commission With A Status Report On The Evaluation And Appraisal Report (EAR) And With The City's Compliance With Other Statutory Mandates. No discussion. INFORMATIONAL 102. Community Development Department - Urban Beautification Services Division ADD-ON Providing The City Commission With Additional Information Regarding The Florida Department Of Transportation (FDOT), Joint Participation Agreement (JPA) Grant For $142,000.00, To Install Landscaping On State Road 434 Medians In The Town Center District. Brief discussion. Deputy Mayor Gilmore stated, "May we have a Motion for Approval?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 4 OF 24 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Police Department Requests The Commission To Approve The Expenditure Of $8,132.00 From Local Asset Forfeiture Funds For The Purchase Of Ten (10) New Taser Electronic Restraint Protection Devices And $8,926.28 From Federal Asset Forfeiture Funds For The Purchase Of One (1) Universal Night Sight For Use In High Risk Situations. No discussion. CONSENT 201. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. CONSENT 202. Community Development Department Requesting Consent From The City Commission To Proceed With Planned Hardscape Improvements To State Road 434 Medians Located In The Town Center District. These Improvements Are Funded From The Local One Cent Sales Tax Initiative (115 -Road Improvements Fund). Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14, 2008 PAGE 5 OF 24 CONSENT 203. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance And Chemical Services For The Tuscawilla Lighting And Beautification District At A Cost Of $101,028.00. Brief discussion. CONSENT 204. Police Department Requests The Commission To Approve The Authorization To Enter A Contract With American Traffic Solutions For An Automated Red Light Running Camera Enforcement System. Discussion. Tape I/Side B City Attorney Anthony A. Garganese noted, "The authorization to proceed with the Contract is going to be contingent upon adopting the law - to put that in place." Commissioner Miller asked, "So, we will have an Ordinance within a month?" Attorney Garganese responded, "Probably within the next said thirty (30) days." CONSENT 205. Parks And Recreation Department Requesting City Commission Approval To Accept A Check From The Tuscawilla Homeowner's Association. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: presented two (2) checks to the City on behalf of the Tuscawilla Homeowner's Association. CONSENT 206. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Inwood Office Building Phase I Site To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 6 OF 24 CONSENT 207. Community Development Department -Planning Division Requests The City Commission Approve Authorization To Enter Into A Contract With Planning Communities, LLC For The Second Phase Of The EAR (Evaluation And Appraisal Report) Work To Prepare The Evaluation And Appraisal Report (EAR)-Based Comprehensive Plan Amendments, Due December 2009. No discussion. CONSENT 208. Office Of The City Clerk Approval Of The June 23, 2008 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 209. Public Works Department Requesting Supplemental Appropriation For The Repairs And Maintenance Of City Hall. Discussion followed with Mr. Kip Lockcuff, P.E., Director, Public Works Department. "I WOULD MAKE A MOTION TO TAKE CARE OF 1. AND 2., AND POSTPONE 3. AND 4. UNTIL OCTOBER." MOTION BY COMMISSIONER KREBS. MOTION DIED FOR LACK OF A SECOND. Further discussion. Deputy Mayor Gilmore stated, "May we have a Motion for Approval?" "MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 7 OF 24 • • AGENDA NOTE: THE REMAINING "AWARDS AND PRESENTATIONS" AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. •• AWARDS AND PRESENTATIONS AGENDA AWARDS AND PRESENTATIONS 301. Office Of Deputy Mayor Donald A. Gilmore Presentation Of A Proclamation Recognizing Amateur Radio Week. Deputy Mayor Gilmore presented a Proclamation in honor of "Amateur Radio Week". Discussion. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese informed the City Commission that he sent a "Demand Letter regarding the Jesup's Landing Bond. I have been contacted to arrange a Meeting to discuss both the Jesup's Landing Bond and the Jesup's Reserve Bond." REPORTS 401. Office Of The City Man No Report. r -Ronald W. McLemore REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces mentioned that there is a Budget Workshop set for tomorrow and Wednesday evening, beginning at 5:30 p.m.; and the LEED (Leadership in Energy and Environmental Design) Workshop is set for next Monday, July 21, 2008, beginning at 6:30 p.m. Next, City Clerk Lorenzo-Luaces commented on the Jingle Bell SK Run and asked the City Commission if they "Would be interested in a $5,000.00 donation to be the key sponsor of this event for this year -the money is in the Commission's Budget -there would be no supplemental appropriation." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14, 2008 PAGE 8 OF 24 Discussion. Commissioner Brown noted, "I think BoysTown and Leadership Seminole -speaking with my Board Member hats on -would agree to it, only if the designation ofthe revenue in the funds did not change and it would continue to be a BoysTown and a Legacy of Leadership run for their benefit." Furthermore, Commissioner Brown remarked, "But any agreement with the City as far as sponsorship obviously would be entered into BoysTown -all those contracts are reviewed by BoysTown Counsel up in Omaha and it would be a great opportunity for the City." Commissioner Brown added, "It really needs to stay a BoysTown and Legacy of Leadership Charity Event." Further discussion ensued on a possibly Voting conflict for Commissioner Brown. Discussion. Commissioner Brown remarked, "This Run came out of a desire to continue the giving Legacy of Leadership Seminole Class 15 whose initial project was the rehabilitation of the five (5) group homes over at BoysTown and then it was also incorporated by the succeeding Class, Class 16 and the SK was the fundraiser Event in that first year; and Leadership Seminole also adopted it and decided to make it a Legacy of Leadership branded event for the benefit of BoysTown in successive year after year after year. So, we had it in the Town Center at Winter Springs last year. We would love to have it in the Town Center all the time. I think the opportunity to conduct that SK over the bridge is a great incentive for people to come." Additionally, Commissioner Brown noted, "I think that there is an opportunity to continue doing it in Winter Springs year after year. I guess what I am cautioning is if the intent - if what you are expressing is your intent to Vote for this, is to be the determiner of where those profits or those charity revenues end up, then I don't think that would be agreeable to either BoysTown or Leadership Seminole. It is our Event. We were just choosing where to have it and Winter Springs seems like a logical opportunity. There has also been talk about having it at the BoysTown campus; there has been talk about having it in other locations. I think what Andrea (Lorenzo-Luaces) was trying to secure if I remember my conversation with her, it was that it would be continued in Winter Springs for all the economic reasons, year after year after year." Commissioner Brown then said, "It would not become a Winter Springs owned Event." Commissioner Krebs remarked, "It won't..." Commissioner Brown added, "...Not to where you designate where those funds go, no. I am sure that we could -and everybody so far, has loved the idea of doing it in Winter Springs and I am sure that we could discuss with the BoysTown Board doing it in Winter Springs for successive years. I am sure nobody would have an issue with that because everybody loved the venue." CITY OF WINTER SPRINGS, FLORIDA MINUTES CI"rY COMMISSION REGULAR MEETING-JULY 14, 2008 PAGE 9 OF 24 Further discussion. Manager McLemore suggested, "Why don't you make your Vote for this year contingent upon them keeping it here, and if they agree to that you go with it; and if you don't, you don't go with it." "I MAKE A MOTION THAT WE APPROVE THE REQUEST TO -SUPPORT THIS, TAKING INTO CONSIDERATION THE COMMENTS MADE BY COMMISSIONER BROWN AND ALSO THAT IT BE CONTINGENT UPON BOYSTOWN COMING BACK AND SAYING THAT THEY WOULD KEEP THE EVENT HERE - I WOULD LIKE TO SEE IT FOR MULTIPLE YEARS." COMMISSIONER MILLER ADDED, "WHY DON'T WE SAY FOR THE NEXT FIVE (5) YEARS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR GILMORE SUMMARIZED THE MOTION AS, "THAT WE OFFER THE BOYSTOWN/LEADERSHIP SEMINOLE [SK] RUN HERE AT WINTER SPRINGS, CONDITIONAL ON IT BEING HELD HERE FOR FIVE (5) YEARS." ATTORNEY GARGANESE COMMENTED, "FIVE THOUSAND DOLLARS ($5,000.00) SPONSORSHIP CONTRIBUT[ON..." DEPUTY MAYOR GILMORE THEN SAID, "...AND IT WILL BE A FIVE THOUSAND DOLLAR ($5,000.00) SPONSORSHIP..." ATTORNEY GARGANESE ADDED, "...ON THE CONDITION THAT IT BE HELD IN WINTER SPRINGS IN THE NEXT FIVE (5) YEARS." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: ABSTAINED DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. City Clerk Lorenzo-Luaces said to the City Commission, "Thank you." REPORTS 403. Commission Seat Three/Deputy Mayor -Donald A. Gilmore No Report. REPORTS CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULARMEETING-JULY 14,2008 PAGE 10 OF 24 404. Commission Seat Four -Sally McGinnis Absent. REPORTS 405. Commission Seat Five -Joanne M. Krebs Commissioner Krebs asked about the status of the Veterans Memorial. Discussion. Next, Commissioner Krebs spoke of high school car washes and the kids get right in the street. Commissioner Krebs commented on her concerns with the children getting hurt. Chief Kerr stated, "We will do two (2) things -we'll make contact with the School and then we'll also have someone go out each time they have one, explain it to them -what they can and cannot do, and we'll monitor it." Manager McLemore added, "We need to put that as a special condition in their permit, that they won't be in the street." REPORTS 406. Office Of The Mayor -John F. Bush Absent. REPORTS 407. Commission Seat One -Robert S. Miller Commissioner Miller asked about the status of the WMFE contract and payments; and whether Mayor Bush had looked into this matter. Commissioner Miller suggested we find out about any benefits we have received from WMFE thus far, and whether the latest payment has been made, or Notice given. Then, Commissioner Miller asked if there was a possibility that we could cancel the latest payment? Manager McLemore said, "We need to look at the Contract and see if we're beyond the Notice period." Next, Manager McLemore suggested, "I think the burden should be upon them to come before this Commission, and not me or the Mayor to come before you and say to you, `This is what we have done with your money, and are you satisfied with that'?" Then, Commissioner Miller asked if we could send them Notice and that within the period prior to sending the next check, that they come before us. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 14, 2008 PAGE I I OF 24 REPORTS 408. Commission Seat Two -Rick Brown Commissioner Brown asked for an update on the Winter Springs Golf Course conservation area. Much discussion. T~~P~ zis~a~ A Commissioner Krebs suggested that someone would know where to get a list of applicable sources. Manager McLemore added, "I would think there are people out there that could help us with that - we could do that. We sent out a letter of interest saying `This is what we're looking for, is anyone interested?' I think it would be a better letter if it kind of says this is what the City is willing to do and not willing to do." "I WOULD - MAKE A MOTION THAT WE HAVE SOMETHING BACK TO US WITHIN NINETY (90) DAYS REGARDING WHERE WE ARE..." COMMISSIONER BROWN SUGGESTED, "...OCTOBER 31sT. " COMMISSIONER KREBS CONTINUED, "...OKAY - THAT WE HAVE INFORMATION BACK, WE HAVE A PLAN, WE ACTUALLY HAVE A PLAN." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER BROWN CLARIFIED, "IF I HEARD YOU RIGHT, AN ORGANIZATION SUCH AS THE THOA (TUSCAWILLA HOMEOWNERS ASSOCIATION) COULD CREATE A SUBORDINATE 501(c)(3) FOR THE PURPOSE OF BEING A LAND TRUST AND BEING PARTY TO THIS. IS THAT CORRECT?" ATTORNEY GARGANESE REPLIED, "YES. IF THEY MEET THE STATUTORY REQUIREMENTS. YES, THEY WOULD BE ELIGIBLE TO BE A RECIPIENT AND BECOME A THIRD PARTY BENEFICIARY." COMMISSIONER BROWN CONTINUED, "AND THE HIGHLANDS COULD DO THE SAME THING?" ATTORNEY GARAGANESE RESPONDED BY SAYING, "THEY COULD. I MEAN, IT RAISES SOME OTHER ISSUES ABOUT THEIR WHEREWITHAL -THEIR WHEREWITHAL TO ACTUALLY STEP IN AND BEING AN ENFORCER. I MEAN, YOU COULD HAVE A CORPORATION CREATED WITHOUT THE WHEREWITHAL, WITHOUT ANY FUNDS TO GO IN AND ENFORCE WHEN ENFORCEMENT IS NECESSARY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14, 3008 PAGE 13 OF 24 DEPUTY MAYOR GILMORE EXPLAINED THE MOTION WAS "TO BRING BACK BY OCTOBER 31sT, SOME ACTION ON THE CONSERVATION EASEMENT WITH A THIRD PARTY AT WINTER SPRINGS GOLF COURSE." DEPUTY MAYOR GILMORE ADDED, "ONE (1) OR MORE -PARTIES." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Next, regarding the seed money for the Incubator with Mr. Tom Corkery, Commissioner Brown asked if the time frame was set to begin construction on the second building, or if it had lapsed? Manager McLemore stated, "I don't know if there was qualifying language in it or not, but we'll certainly check it and see." Commissioner Brown then commented on emailing Agendas when possible, and if something has to be mailed, to then use the smallest envelope rather than a large mailing envelope. City Clerk Lorenzo-Luaces commented that she agreed and would take care of his concern. Deputy Mayor Gilmore called a Recess at 6:58 p. m. The Regular Meeting was called back to Order at 7.•OH p. m. PUBLIC INPUT Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: commented on City Events; said he did not think the City Clerk should be asking for donations; and that the City Commission should continue to not fund Events. Mr. Rory Frazier, 673 Wishaw Lane, Winter Springs, Florida: as the President of the Casa Park Villas Homeowner's Association, Mr. Frazier mentioned he lead sent a letter to Mayor Bush regarding not being able to build screen rooms in Casa Park Villas; and then commented on heavy dumpster lids which are too heavy for Senior Citizens to open. Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14, 2008 PAGE 13 OF 24 Commissioner Brown suggested we ask about plastic side doors. Manager McLemore stated, "We can ask." Commissioner Miller suggested that he would like the City Manager to look into this and get back to Mr. Frazier and to the City Commission. Mr. Stevenson spoke of a previous Agenda Item and the screen enclosure situation and said, "We're struggling with some language to address, not only Casa Park's issue, but also those zero lot lines that are quadraplexes and things of that nature. Because -these are -really screen enclosures that have solid roofs on them and therefore, they need to meet the setback and we have a minimum ten foot (10') setback on zero lot lines in PUD's (Planned Unit Developments). So, when we change this text, and we do have a lot of it written so far, and we'll certainly move forward with it as best we can to get it back before you; but we have to be very careful on how we amend this text because it doesn't just affect Casa Park; it affects every development regardless of its layout, if it's a zero lot line in a PUD (Planned Unit Development). And we have numerous layouts, quadraplexes, straight townhome type of areas which actually have a lot with them. Those that don't have lots of things of this nature. So, we will make every effort to go ahead and work through this and try to address not only Casa Park's issue, but also all of the zero lot lines and get that language back in front of you as soon as possible.'' Mr. Dale Kirby, 122 Seville Chase Drive, Winter Springs, Florida: commented on budget issues related to affecting the appearance of Winter Springs; cutting beautification projects around the City; and suggested the City consider a four (4) day workweek. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 General Commercial District. Attorney Garganese read the Ordinance by "Title" only. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14, 2008 PAGE 14 OF 24 Attorney Garganese stated for the Record "Mr. Phillips has a uniquely situated property along SR (State Road) 419 underneath or near power transmission lines and -we're looking at possibly changing the `Uses' in the C-2 Zoning District for purposes of making that Property more economically viable. So, the difference between First and Second Reading are generally as follows -beginning on page 2 of 4, I just wanted to point these out -proposed `Use' number (34) regarding outdoor storage. The types of vehicles that would be allowed to be stored, we added `Miscellaneous fleet vehicles' that are not generally related to a dispatch yard. And then other vehicles prohibited in residential areas under Sections 20-411. and 20-431. of the Winter Springs Code. That was extensively discussed at the last -Commission Meeting. With respect to proposed `Use' number (5) regarding the single warehouse building -the number was changed from 17,500 square feet to a maximum of 27,000 square feet and a height of twenty-five feet (25'). We added some language saying that `No outdoor storage of products and materials shall be permitted near the warehouse'. Going to the next page -page 3 of 4 regarding the proposed [Section] 20-256., which are supplemental outdoor storage and warehousing requirements which would apply to those `Uses' I just mentioned. Some changes beginning on number (1). The outdoor storage as was in First Reading, has to be screened by a ten foot (10') wall. We added some language that `The outdoor storage shall not be visible from any public street'. On number (4), we added some language indicting that on-site light minor maintenance and cleaning of the stored vehicles would be allowed. We had extensive discussion regarding mobile to mobile maintenance and mobile cleaning people that might want to go to that site to clean stored vehicles. However, we -put some strong language in here that the following would be strictly prohibited, `Refueling oil and engine fluid changes, heavy and major repairs and restoration and parts salvage' would not be allowed for the outdoor storage facility. We also added some language that `Storage of junk is strictly prohibited'. We added language that `Contractor yards are strictly prohibited'. We added some language that `Storage of vehicles and trailers that are classified as wide-load vehicles and trailers are strictly prohibited'. And, those were the changes. I just need to bring one thing to your attention. I inadvertently left out some language that was in the First Reading that needs to be added back and that is the `Storage areas have to be on paved or other stabilized surface approved by the City', and that's a general summary. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department introduced this Agenda Item for discussion. Tape 2!Sidc B CITY OF WIN rER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 14, 2008 PAGE 15 OF 24 Continuing, Ms. Sahlstrom completed her comments. Discussion followed on storage and outdoor storage. Commissioner Brown said to Ms. Sahlstrom, "So, if we approve this as written, Mr. (Bart) Phillips can do what he needs to do on that property? Is that correct?" Manager McLemore stated, "Within the limitations provided in there." Mr. Bart Phillips, 212 Morton Lane, Winter Springs, Florida: stated, "Yes, this will work for the business that I decided to do; and with the pictures of those containers being sky high, I mean we already wrote in that we can't do anything over 13' 6" anyway, so that would be an impossibility." Discussion ensued on Code Enforcement Liens and the Trail. Commissioner Miller spoke of his preference that the Trail be widened. Deputy Mnvor Gilmore opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Gilmore closed the "Public Input "portion of the Agenda Item Manager McLemore suggested, "In our discussions, we talked about -that the `Use' of the vehicle storage on the southern side or the [State Road] 419 side will be limited to vehicles not more than ten feet (10') and that higher than that would have to be parked along the northern boundary at 13' 6", I think, was the maximum height -Bart (Phillips), I'd like to see that go back in there - I thought we agreed on that." Attorney Garganese remarked, "We did." Manager McLemore then said, "So, it just needs to be in the language..." Continuing, Manager McLemore stated, "...I think we already agreed to it, that there would not be any paint and body work involved out there on any of the vehicles as part of the prohibition against heavy maintenance." Next, Manager McLemore mentioned, "Also, my clarification was about the parking services. Personally, I know it currently says `Stabilized'; but I'd like to see that `Improved parking, paved parking', because I think the amount of truck action on a - stabilized service can create a mess. And again, I thought we agreed that this was improved parking area; hard surface, not stabilized surface." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMh11S510N REGULAR MEETING -JULY 14, 2008 PAGE 16 OF 34 Furthermore, Manager McLemore stated, "Also, I thought that we had talked about a limitation on the number - of the large semi-tractor trailer trucks - so that, obviously, our - I think from our perspective, Staff's perspective, and as [mentioned last time, we were mainly concerned about trying to provide residents an outlook for those vehicles that are prohibited by our -commercial vehicle Ordinance. But assuming -that you had ten (10) or twelve (12) semi's who wanted to park there, that would be taking away those opportunities; so, my question is should we -relative towards the intent, have some limitation on the number of semi's that would be parked there? Didn't we talk about that to some degree?" Manager McLemore added, "I think we were talking about three (3) weren't we? I think it is important we come to some agreement on that so that we preserve spaces to do what the major intent was." Manager McLemore remarked, "I am somewhat interested in this issue of whether vehicles should be tagged and in operable order when they go back there." Manager McLemore added, "Where did we arrive?" Attorney Garganese replied, ``Take it out." Continuing, Manager McLemore explained, "The concern was there would be vehicles back there that really are -not operable, they're just being stored there until they can be salvaged somewhere or require a large amount of heavy maintenance, and that remains a little bit of a concern to me." Manager McLemore then commented, "Specify that the 10 foot (] 0') - 13' 6" 13' 6" issue." Further, Manager McLemore noted, "And, some limitation potentially on the number of semi-trailers that would be back there. And I know there are in Winter Springs, or there used to be, two (2) or three (3) people that actually tried parking their tractor trailers at their houses and we had to move them out; so, 1 know there's some need there. But I'd like to see some discussion on limiting the number of those so the other spaces can be made available for the smaller, single axle vehicles." With further discussion, Manager McLemore said, "What I hear you say is that you want a prohibition on construction equipment. I think it is there; if not, we need to clarify that." Manager McLemore added, "If we need clear language saying they can't have construction equipment, then we clarify the language." No objections were noted. Attorney Garganese suggested, "It just needs to be emphasized." Continuing, Attorney Garganese noted, "If we need to clarify something, beef it up, we could do that -the Manager brought up a couple of points regarding -putting in specific height restrictions - we will go ahead and do that..." Manager McLemore added, "...Limitation on supplies and -hard surfaces..." Attorney Garganese then noted, "...Right. No paint and body work." Furthermore, Attorney Garganese stated, "Limit the number of semi-trailers, we could add that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14, 2008 PAGE 17 OF 24 Attorney Garganese then spoke of the "Paved or stabilized parking surface." Manager McLemore explained, "A paved surface being a hard surface with appropriate drainage whereas unstabilized, you have a type of sub-surface treatment that's hard but is not going to take continuous action or vehicles coming and going and turning and moving and all that kind of stuff on it without a high degree of maintenance. So, I am just asking that it be a paved surface, properly drained." Attorney Garganese noted, "I certainly can add that." Mr. Hugh Harling, 850 Courtland Street, Orlando, Florida: as the Consultant for Mr. Phillips, Mr. Harling stated, "The stabilized road system, parking system, we very successfully used a recycle material called `RAP' (`Recycled Asphalt Products'), that's dust-free and does provide a good wearing surface and also is - eco-friendly in that it percolates also at the same time; so, we don't have a problem as long as that's an allowable material that can be used." Tape 3/Side A Mr. Harling continued to explain `RAP' `(Recycled Asphalt Products'). Commissioner Krebs said to Manager McLemore, "I don't know if you're willing to accept that?" Manager McLemore responded, "I think so. We can talk to our engineering people about it but Hugh (Harling) and Kip (Lockcuft) can -our people can get together and let them review it." Commissioner Miller noted, So, it has been agreed that the areas will be paved..." Manager McLemore added, "...With this material." Mr. Harling stated, "With this material, yes." Licensed and operable vehicles were discussed next and Manager McLemore suggested, "I think maybe we could solve this by specifically permitting vehicles that are stored there for restoration..." Mr. Harling agreed and stated, "...Yes..." Manager McLemore continued, "...And that all other vehicles would have to be licensed, operable vehicles, is that okay?" Mr. Harling replied, "That's tine." Contractor yards and other concerns were discussed next; to which Mr. Harling noted, "I think we have eliminated every one of those things from an operational stand - no painting - no oil changes; nothing that is polluting; no storage of hazardous waste materials." Commissioner Krebs suggested, "Have him put that in -that language." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 18 OF 24 With discussion on parking of vehicles, Manager McLemore remarked, "Didn't we cover that when we said - if we have an Agreement that says, you can't lease that property to another company for fleet purposes..." Mr. Harling stated, "...Right..." Manager McLemore continued, "...That solves that problem.'' Commissioner Miller inquired, "Is that in here?" Manager McLemore commented, "We talked about putting it in there." With further discussion, Manager McLemore noted, "I think that solves the problem if we could talk about fleet issue, we just say `You can't contract with anybody to do fleet parking'." Mr. Harling agreed and said, "That's fine." Next, Manager McLemore explained, "We have - a prohibition on a number of spaces that could be used for tractor trailers..." Mr. Harling stated, "...Five (5)..." Manager McLemore added, "...Tractor trailer whether they are pulling a trailer that parks -they transport cars to California on or whether it is a closed body that they - a refrigeration truck. We agree that that limits that problem." Mr. Harling remarked, "...Right..." Attorney Garganese asked, "What kind of vehicle? How do you define the vehicle? Tractor trailer..." Manager McLemore noted, "...A tractor trailer -these are the big vehicles." Manager McLemore then asked, "So, you said five percent (5%) of the spaces..." Mr. Harling stated, "...Five percent (5%)." With further comments on this, Mr. Harling remarked, "Let's just say no more than ten (10) spaces." Deputy Mayor Gilmore summarized, "No more than ten (10) spaces for tractor trailers..." Manager McLemore added, "...Tractor trailers of any kind." Mr. Harling remarked, "Correct." Manager McLemore then explained, "Whether they are pulling automobile trailers or whether they are refrigerator trailers or whatever." Deputy Mayor Gilmore next said that he thought that contractor yards should be better defined. Mana~er McLemore suggested to the City Commission that "You could bring this back for 3` Reading to bring it back to you with -the perfecting language we talked about tonight. We can do that - go and change the language and bring it back to you for 3'~d Reading." "MOVE - WE BRING IT BACK FOR 3RD READING WITH THE CORRECTED LANGUAGE." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 19 OF 24 MANAGER McLEMORE SAID, "WE HAVE THIS CONFLICT GOING ON BETWEEN THOSE THINGS WHICH WE PROHIBIT IN NEIGHBORHOODS AND THERE ARE A LOT OF PEOPLE OUT THERE WHO DO HAVE A VEHICLE AND -THEY PULL A LITTLE TRAILER WITH A BACKHOE ON IT. DO WE NOT WANT TO ALLOW THEM TO USE THIS PLACE -WHEN WE PROHIBIT IT IN A NEIGHBORHOOD?" DEPUTY MAYOR GILMORE ASKED, "WHAT TYPE OF BACKHOE ARE YOU TALKING ABOUT -ARE YOU GETTING AGRADE-ALL IN THERE? WHY NOT - IT IS NOT PROHIBITED?" DEPUTY MAYOR GILMORE ADDED, "I COULD BRING GRADE-ALES IN THERE, I COULD BRING A MICHIGAN FRONT-END LOADERS..." MANAGER McLEMORE STATED, "...NOT IF WE PROHIBIT HEAVY CONSTRUCTION VEHICLES..." DEPUTY MAYOR GILMORE THEN SAID, "...THEN YOU HAVE TO PUT THOSE TERMS IN THE ORDINANCE." MANAGER McLEMORE STATED, "OKAY" AND ASKED IF THERE WERE ANY OTHER ISSUES? DEPUTY MAYOR GILMORE NOTED, "WE HAVE AGREED TO TEN (10) TRACTOR TRAILERS." MANAGER McLEMORE SAID, "WE AGREED TO THAT." DEPUTY MAYOR GILMORE SUGGESTED, "LET US DEFINE THE CONSTRUCTION EQUIPMENT THAT YOU ARE GOING TO HAVE IN THERE." DISCUSSION FOLLOWED ON EQUIPMENT AND NUMBER OF AXLES. MANAGER McLEMORE SUGGESTED, "I THINK WE CAN COME UP WITH LANGUAGE THAT KEEPS IT LIGHT EQUIPMENT AND NOT GET INTO HEAVY CONSTRUCTION EQUIPMENT, AND I THINK WE CAN DO THAT BY LIMITATIONS ON THE WEIGHT LIMIT OF THE TRAILER AND SOME WORDS THAT CLARIFY THAT THIS IS FOR LIGHT MAINTENANCE RELATED ACTIVITIES, NOT FOR HEAVY CONSTRUCTION." MR. HARLING STATED, "OKAY, THAT'S FINE." DEPUTY MAYOR GILMORE NOTED, "THE MOTION ON THE FLOOR WAS TO ALLOW THE CITY ATTORNEY AND THE CITY MANAGER TO GO BACK AND RE-WRITE THIS ORDINANCE AND BRING IT BACK TO THE COMMISSION - FOR A THIRD READING." COMMISSIONER MILLER ADDED, "TWO (2) WEEKS." COMMISSIONER BROWN NOTED, "THIRD AND FINAL." MANAGER McLEMORE EXPLAINED, "PERFECTING LANGUAGE IS THE WAY I WOULD SEE IT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY CON1N11SSION REGULAR MEETING-JULY 14,2008 PAGE 20 OF 24 VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The City Commission remove From The Table And Hold A Public Hearing For First Reading Of Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31(e)." Attorney Garganese suggested this Agenda Item be Tabled to the next Meeting. "MOTION TO TABLE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER 1{REBS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office Of The City Attorney And Office Of The City Clerk Asking The City Commission To Review And Consider Approving The First Reading Of Ordinance 2008-14 Which Amends The City Of Winter Springs' Code Of Ordinances Related To Averting The Need For A Runoff Election Should There Be A Tie Vote During Any Municipal Election. Deputy Mayor Gilmore stated, "Can I have a Motion to read by `Title' only`?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULARMEETING-JULY 14,2008 PAGE 21 OF 24 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion. "I MAKE A MOTION TO DENY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Gilmore closed the "Public Input" portion of the Agenda Item. CITY CLERK LORENZO-LUACES ASKED ATTORNEY GARGANESE IF THERE WOULD BE A PROBLEM WITH THE TIMING OF A RUNOFF ELECTION AND ABSENTEE BALLOTS. CITY CLERK LORENZO-LUACES NOTED FOR THE RECORD THAT SHE DID NOT HAVE A PROBLEM WITH THE COMMISSION'S CONCERNS, BUT SAID, "THE REASON MIKE ERTEL (SUPERVISOR OF ELECTIONS) SUGGESTED THIS IS BECAUSE HE SAID THE STATUTORY REQUIREMENT TO -HANDLE ABSENTEE BALLOTS, THERE IS NO WAY THAT THEY CAN BE MAILED, IF THERE ARE ANY RESIDENTS WHO ARE OVERSEAS, IN TIME TO MEET THAT TWO (2) WEEKS, SO THAT IS WHY WE BROUGHT IT UP TO YOU." ATTORNEY GARGANESE STATED, "IF THE COMMISSION DOESN'T WANT TO GO TO THE DRAWING OF LOTS, THEN MAYBE WE NEED TO GO BACK AND LOOK AT THE CURRENT ORDINANCE REQUIREMENT THAT THE CURRENT RUNOFF BE HELD WITHIN FOURTEEN (14) DAYS -THAT MAY NOT BE A LEGAL POSSIBILITY, BECAUSE OF OTHER REQUIREMENTS." CONTINUING, ATTORNEY GARGANESE STATED, "WE WILL GO BACK, AND BASED ON YOUR DIRECTION, GO BACK AND LOOK AT THAT FOURTEEN (14) DAY WINDOW BECAUSE WE WOULD HAVE TO COME BACK WITH - A CODE TO MAYBE EXTEND THAT THE PERIOD BECAUSE FOURTEEN (14) DAYS ISN'T ENOUGH TIME TO HOLD THE LEGAL RUNOFF." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 14, 2008 PAGE 22 OF 24 COMMISSIONER KREBS STATED, "THAT IS FINE." COMMISSIONER BROWN SUGGESTED, "I WOULD BE MORE INCLINED TO ADJUST THE ORDINANCE FOR A PERIOD OF TIME THAT - WE ARE LEGALLY CAPABLE TO ACCOMPLISH FOR DOING THE RUNOFF." COMMISSIONER MILLER RECOMMENDED THE CITY ATTORNEY "BRING SOMETHING BACK THAT WOULD SUGGEST WAYS THAT WE NEED TO MAKE OTHER CHANGES IN OUR CHARTER OR WHATEVER, TO FACILITATE THIS DECISION." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. •• REGULAR AGENDA REGULAR 601. Office Of The City Clerk Requests That Commissioner Robert S. Miller Make An Appointment/ Reappointment To The Oak Forest Wall And Beautification District Advisory Committee. (Advisory Board Appointment) "I WOULD LIKE TO NOMINATE TERRY PATTEN." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 14,2008 PAGE 23 OF 24 REGULAR 602. Not Used. REGULAR 603. Information Services Department Recommends Outlook Web Access (OWA) As The Means For Elected Officials To Access Their Citv Email. Ms. Joanne Dalka, Director, Information Services Department briefly addressed the City Commission on this subject. "MOTION TO APPROVE ITEM `603'." MOTION BY COMMISSIONER KREBS. SECONDED. DISCUSSION. DEPUTY MAYOR GILMORE RESTATED THE MOTION THAT "THE COMMISSIONERS USE THE OUTLOOK WEB ACCESS FOR THEIR EMAIL TO CITY HALL." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Deputy Mayor Gilmore called cz Recess at 9:11 p. m. The Regcdar Meeting was called back to Order czt 9:21 p. m. REGULAR 600. Office Of The City Manager Requesting The City Commission To Receive The Presentation Of The FY (Fiscal Year) X20]09 Preliminary Budget. Manager McLemore began his presentation on the new Budget. Discussion. Next, Mr. Kevin Smith, Director, General Services Department also contributed to the Budget presentation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 14, 2008 PAGE 24 OF 24 Discussion. Tape 3/Side B Further discussion. Discussion followed on the State Board of Administration (SBA). Just before the meeting concluded, there was brief discussion on next week's LEED (Leadership in Energy and Environmental Design) Workshop which is still scheduled for Monday, July 21, 2008. ADJOURNMENT Deputy Mayor Gilmore adjourned the Regular Meeting at 10:18 p.m. RESPECTFULLY SUBMITTED: DANIE.~LE HARKER, DEPUTY CITY CLERK AND LORENZO-LUACES, CMC CITY APPROVE _,. • JOHN F. BUSS-I MAYOR NOTE: These Minutes were approved at the July 28, 2008 Regulaz City Commission Meeting. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME ,c3j v w p /~,'a ~ia~cl C NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE C i T Cohl ~-i ss.~o •/ MAILING ADDRES THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON ~ ~ ~9nOi A~4 / r C WHICH I SERVE IS A UNIT OF: / CITY COUNTY ~ CITY ^ COUNTY ^ OTHER LOCAL AGENCY n! ~ R' n / c.~,,r~ ~ NAME OF POLITICAL SUBDIVISION: C- r ~ • ~ o I n~ ~~ DATE ON WHICH VOTE OCCU RED "• ~/ '~ 0 - MY POS ION IS: ~ ~ C~' 0 ~Y ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B 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 purposes 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 exchange). 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 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. 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 incorporate 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, ~C' c ~~v.-o1 C • ~ry ~~ ,hereby disclose that on V U ~y l~ , 20 v~_: (a) A measure came or will come before my agency which (check one) inured 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 , by whom I am retained; or .A ~ / S y l 3 G ~'' 4J~ ~ ~~ ~ Sv/e un inured to the special gain or loss of 1',ui1 el/t~y G/sMJ I lr~~ ,which 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 m/e~asure is as follows: /"`J~ d h ~J,4S iti ~r d /~~r~e /(/~d ~T ~ -~{Ar .tt/~+'~' a~ %~ /~n 1=~/eH~ epe f ,~ ~ ~ ~ ~.2~ ~~ 13 C c~Py gn ~ Z,~-j ~l3 ~ ~ ~ cal -lam S`~~ u ~ 7'~i t I l ~ T~c it l~i,,,jo~ci %`C ~t~/e//~ii~ 6~IRrGtf _?1 _~V~~ Date Filed Si nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 1/2000 PAGE 2