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HomeMy WebLinkAbout2006 11 13 Consent 411 Approval City Commission Regular Minutes October 23, 2006 Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 23, 2006 CALL TO ORDER The Regular Meeting of Monday, October 23, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, absent Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:38 p.m. Mayor Bush requested a Moment of Silence, which was followed by the Pledge of Allegiance. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The City Manager Presentation Of A Proclamation In Honor Of "The Month Of The Family". Mayor Bush presented a Proclamation in honor of "The Month of the Family". Bishop Corey Roberts, 1108 Black Acre Trail, Winter Springs, Florida: representing the Church of Jesus Christ of Latter-Day Saints accepted the Proclamation and in return, presented a glass trophy to the Mayor and City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 2 OF 18 PUBLIC INPUT Mr. Rick Brown, 211 Nandina Terrace, Winter Springs, Florida: spoke on behalf of the Winter Springs Town Center Merchants Association on parking, and asked if a Meeting could be held by the City Commission to discuss this matter. City Attorney Anthony A. Garganese arrived at 6:38 p.m. Mayor Bush stated, "Under the Seats, we will pick - a day and a time to do that if that is okay with the Commissioners." Mayor Bush added, nA Workshop." City Manager, Ronald W. McLemore suggested, nNot to do anything until we have an opportunity to have this Work Session and work through this issue. " Mayor Bush added, n[ think the Commissioners are all in agreement - put anything on hold on Parking, until we have this Workshop." Commissioner Joanne M. Krebs noted, "Yes." Commissioner Sally McGinnis remarked, "Yes." No objections were voiced. Mayor Bush then said, ('Agreed." Mr. Steve Thompson, 810 Dyson Drive, Winter Springs, Florida: presented some data on Traffic Calming related to Dyson Drive. Brief discussion ensued on whether the time for Public Input should be extended for this Speaker. Deputy Mayor Michael S. Blake said, "Very interesting Report. I am certain that as the Report has been displayed here, that it would be part of the Public Record and a copy will be given to each Commissioner for consideration and that we can go through it when we have our Workshop." Mayor Bush added, "Commissioners all have copies." Commissioner McGinnis remarked, "I would like to hold this and have this data. You will be back - at that time of course, and you will address it." Mr. Tom Freeman, 900 Dyson Drive, Winter Springs, Florida: mentioned he did not think sending surveys to residents in Unit 2 was a good idea, and mentioned that he did not want Traffic Calming forced on residents. Ms. Sherri Moore, 925 Dyson Drive, Winter Springs, Florida: spoke of others' comments and actions related to the Dyson Drive Traffic Calming and noted her concerns with safety issues. Ms. Christine Borbridge, 910 Dyson Drive, Winter Springs, Florida: noted her disappointment with the Dyson Drive Traffic Calming issue being discussed again, and also commented on safety issues. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 3 OF 18 Mr. Ed Martinez, 205 Little Creek Lane, Winter Springs, Florida: spoke of "Tator" people. Ms. Carla Wilson, 702 Heather Lane, Winter Springs, Florida: commented on her concern with Petting Zoo's, like what was held at the Hometown Harvest event in the Town Center and suggested the Commission prohibit live animal exhibits and noted related possible safety concerns. Commissioner McGinnis stated, "I think your points are well taken. We will consider that for sure." Manager McLemore said, "I have tentatively Agenda'd this - for the first Meeting in December." Mayor Bush said to City Clerk Andrea Lorenzo-Luaces, "You might want to make sure Ms. Wilson gets a copy - when this - comes before the Commission - first Meeting in December. " Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: spoke of the Dyson Drive Traffic Calming issue and suggested that we follow the County guidelines for Traffic Calming, and to not send it to residents in Unit 2. Commissioner McGinnis noted that "I have also asked Staff to come back and this will come back at the next Meeting to bring back optional designs, Traffic Calming designs." Mr. Dave Humbarger, 988 Shetland Avenue, Winter Springs, Florida: commented to his neighbors on Dyson Drive that he hoped this would become less emotional and suggested that Stop Signs might be an alternative that could be tried in the meantime. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For First Reading and Transmittal Of Ordinance Number 2006-13, A Large Scale. Comprehensive Plan Amendment (Referenced As LS-CP A-07-01) Which Changes The Future Land Use Map Designation Of Four (4) Parcels Containing 29.3 Acres, More Or Less, Located Immediately West Of DeLeon Street At Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Low Density Residential" (1.1 - 3.5 Dwelling Units Per Acre). Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 4 OF 18 "SO MOYED." MAYOR BUSH STATED, "MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. YOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only and noted, "This is First Reading and a Transmittal Hearing. If the Commission approves it, it will be transmitted to the Department of Community Affairs. If any member of the public wishes to be notified regarding this, there is a sign-in sheet." Ms. Eloise, Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department spoke on this Agenda Item. Discussion. Mr. B. Fritz vonBargen, P.E., Senior Project Manager, ConsulTech Development Services, Inc., 2828 Edgewater Drive, Orlando, Florida: spoke on behalf of the Applicant and stated, "Weare in agreement with the Staff s Findings and in regard to the comment about the soils, because the minimum evaluation of the soils as part of this Comp (Comprehensive) Plan Amendment is really cursory in nature, it usually is typically done strictly from the soil survey." Further discussion. Tape IISide B Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. John Caravello, 1546 Wescott Loop, Winter Springs, Florida: as the President of their Homeowner's Association, Mr. Caravello asked who the Developer is and what type of housing and price range is being planned. Mr. Tim Montgomery, 4190 Aldergate Place, Winter Springs, Florida: as the owner of Eagle Bay Wood Products, Mr. Montgomery spoke of access and the property in question. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 5 OF 18 Mr, Avril Livingstone, 1578 Wescott Loop, Winter Springs, Florida: asked why he hadn't heard why the proposed change in Zoning, and asked for more details early in the process. The "Public Input" portion of the Agenda Item was closed Discussion. Mr. vonBargen stated, "Sam Bowman is the Applicant. He will be developing this site." Continuing, Mr. vonBargen added, "The anticipated housing prices are going to be in the half million dollar range." Furthermore, Mr. vonBargen added, "In terms of access to the site, there is no intention to be blocking any access and blocking any bridges, all of that will be worked out as we design the project." Discussion ensued on density and related designations, to which Deputy Mayor Blake pointed out, "I believe the Commission has put on Record that the maximum density that is going to be allowed on this property - this was on the Record prior to the Annexation Vote and the Property Owners had an'opportunity to pull their Annexation request at that time - was going to be one (1) unit per acre." Deputy Mayor Blake continued by saying, "There is an extensive record on this that this property would not be developed in this City at a density higher than one (1) unit per acre - and that is on a gross basis, not a net basis." Discussion. Deputy Mayor Blake then asked Ms. Sahlstrom, "If the Applicant had requested the 'Rural Residential', would Staff support that request?" Ms. Sahlstrom responded, "I would support it as a transitional type development, given the rural area to the east." "IF WE MEAN WHAT WE SAY IN THE ACTIONS THAT WE HAVE TAKEN IN THIS AREA, THE ONLY THING THAT REALLY PROVIDES A TRUE PROTECTION IS TRANSITIONAL ZONING, AND THIS IS A PLACE WHERE IT SHOULD BE. WE HAVE HEARD ABOUT SOIL ISSUES, WE HAVE HEARD ABOUT A RECORD THAT GOES BACK NOW EIGHT (8) YEARS, THAT HAS DEFINED WHAT THIS PROPERTY COULD BE USED AS. AND I BELIEVE IT WAS ON THE RECORD, IN FACT I KNOW IT WAS ON THE RECORD BECAUSE I PUT IT THERE, PRIOR TO THE ANNEXATION OF THIS PROPERTY EVER TAKING PLACE AND I WOULD MOVE FORWARD - TO TRANSMIT THIS, NOT AT LOW DENSITY RESIDENTIAL 1.1 TO 3.5 DWELLING UNITS PER ACRE, BUT AT THE RURAL RESIDENTIAL LAND USE DESIGNATION WHICH IS A ONE (1) UNIT PER ACRE MAXIMUM DENSITY, THAT IS ON A GROSS BASIS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 6 OF 18 DEPUTY MAYOR BLAKE CONTINUED BY SAYING, "I WOULD MAKE A MOTION TO TRANSMIT IT ON THAT BASIS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. vonBARGEN STATED, "I DON'T KNOW IF THE DEVELOPER WOULD BE INTERESTED IN DEVELOPING TWENTY-SIX (26) - I DON'T THINK ECONOMICALLY IT WOULD WORK OUT FOR THEM. IN TERMS OF RESPECTING THE CONSERVATION, THERE WAS SOME STRINGENT CONSERVATION REQUIREMENTS THAT WERE REQUIRED FOR BARRINGTON ESTATES, BECAUSE OF ITS LOCATION AND RESPECT TO THE CONSERVATION AREA; STAFF HAS DONE ITS HOMEWORK, IT'S DOCUMENTED IN HERE THAT THERE IS SOME NOTED WETLANDS ON THE SITE. THOSE WILL BE DELINEATED. WE HAVE TO MAINTAIN A TWENTY-FIVE FOOT (25') BUFFER." Mr. Brian Fields, P.E., City Engineer, Public Works Department: remarked about elements related to the site. Mr. Sam Bowman, 1366 Augusta National Boulevard, Winter Springs, Florida: spoke on behalf of the Owner and said that there must be a misunderstanding on the previous statements related to the density. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY MAYOR BUSH: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Not Used. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance Number 2006-15, A Large Scale Comprehensive Plan Text Amendment (Referenced As LS-CP A-07-03) Which Creates Future Land Use Element Policy 1.8.4, Establishing An Eastern Annexation Boundary For The City, Preventing The City From Expanding The City Boundary Beyond DeLeon Street. Mayor Bush stated, "Motion to read by 'Title' only?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 7 OF 18 MOTION. MAYOR BUSH STATED, "MOTION BY COMMISSIONER BLAKE." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-15 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 203. Not Used. PUBLIC HEARINGS 204. Office Of The City Attorney And Community Development Department Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2006-18. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 8 OF 18 "I MOVE TO APPROVE ORDINANCE NUMBER 2006-18." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 205. Community Development Department - Planning Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2006-19, Which Amends The Zoning District Code To Allow Public Recreational Areas And Facilities In The C-1 And pun (Planned Unit Development) Zoning Districts As Permitted Uses. "MOVE TO READ BY 'TITLE' ONLY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONE& McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-19 by "Title" only. Ms. Sahlstrom explained about a problem with the required advertising of this Ordinance. Discussion followed on whether a Special Meeting could be held after the advertising issue was taken care of. Attorney Garganese noted, "You can call a Special Meeting just for that purpose - we would have to get the ad - published seven (7) days prior to the Special Meeting: That can be done." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 9 0F 18 Mayor Bush asked, "Would that be something the Commission would like to entertain?" Deputy Mayor Blake stated, "Yes." Commissioner Krebs also remarked, "Yes." No objections were noted and Mayor Bush summarized, "The Consensus is "Yes'." Mayor Bush added, "We want to expedite it." Mr. Don Fisher, Deputy County Manager, Seminole County, 1101 East First Street, Sanford, Florida: stated, "Yes, we really would like the Special Meeting. If not, it would push back the time that we can get actually started." Mayor Bush suggested to Ms. Sahlstrom that since the Orlando Sentinel made the error and did not publish our advertising, "Maybe they will make an exception to their policy?" Ms. Sahlstrom noted, "They were giving us a discount..." Mayor Bush added, "...It should be free." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. No further action was taken on this Agenda Item, at this time. Tape 2/Side A PUBLIC HEARINGS 206. Community Development Department Recommends The City Commission Hear A Request For A Conditional Use Within The City Of Winter Springs RC-I Zoning District (Residential Rural FLU (Future Land Use) Designation)), To Allow An Approximately 3,080 Square Foot Detached Accessory Structure On Approximately 8.4 Acres At 630 Dunmar Circle. This Would Be The Third Detached Accessory Structure On This Property. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item. Mr. Zachary Kauffman, 17 Minnehaha Circle, Maitland, Florida: as a representative for the Property Owner, Mr. Kaufman addressed the City Commission. Mr. George Acha, 587 Dunmar Circle, Winter Springs, Florida: as the President of the Dunmar Estates Homeowner's Association, Mr. Acha mentioned that the Architectural Review Committee should review this. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 10 OF 18 Mr. Kauffman explained that he was unaware of any Homeowner's Association or Architectural Review Committee in this subdivision. Commissioner McGinnis stated, "I believe that when we do have an active HOA (Homeowner's Association) and we do have an Architectural Review Committee and that is the process, 1 would prefer for it to go before that Board prior to making any decision. 1 would like to know what the recommendation would be from - the Homeowner's Association - the approval." Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Mr. Kauffman noted, "We would be more than willing to meet with the Homeowner's and show them the plans - they are consistent with the architecture that is already on the property, size, color, shape, design." "I WOULD LIKE TO MAKE A MOTION - ITEM '206' - IT HAS GONE THROUGH OUR REVIEW COMMITTEE AND OUR PROCESS AND IT MEETS OUR CITY'S REQUIREMENTS." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ADDED, "MOTION FOR APPROVAL." COMMISSIONER KREBS ADDED, "RIGHT." MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner McGinnis said, "I think that it is important if every time we have something come before us - for Approval that we do find out if there - is an HOA (Homeowner's Association) - we just need to be vigilant about that and go through that process." , CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 11 OF 18 REGULAR AGENDA REGULAR 300. Office Of The City Manager Requests That Deputy Mayor Michael S. Blake Make An Appointment To The Winter Springs Open Space Advisory Study Committee; And That The Mayor And City Commission "Collectively Appoint One (1) Member" For The Seventh Position On The Winter Springs Open Space Advisory Study Committee. DEPUTY MAYOR BLAKE STATED, "I WOULD LIKE TO APPOINT MR. MICHAEL PILLOW TO THE COMMITTEE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. COMMISSIONER McGINNIS STATED, "FOR THE AT-LARGE POSITION, I WOULD LIKE TO APPOINT MS. (YVONNE) FROSCHER." MOTION BY COMMISISONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Information Services Department Requests City Commission Authorization To Renew Cisco Equipment MaintenancelWarranties In The Amount Of $12,770.72. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 12 OF 18 CONSENT 401. Office Of The City Manager Requests The City Commission Ratify Waiving Of Fees For Temporary Political Signs Which Need To Be Permitted For The Upcoming Election. This Agenda Item was not discussed. CONSENT 402. Information Services Department Requests City Commission Acceptance Of The Florida League Of Cities Memo Of Understanding; Authorization For The City Manager To Sign The Memo Of Understanding; And Authorization Of Project Management And Oversight Consulting Fees Not To Exceed $18,475.00 For Fiscal Year 2007. No discussion. CONSENT 403. Fire Department Requesting Authorization To Enter Into A Contract With Advanced Data Processing, Inc. (AD PI) For Emergency Medical Transport Billing Services. Brief discussion. CONSENT 404. Community Development Department - Building Division Requests That The City Commission Authorize The Renewal Of An Agreement For Contract Building Inspection Services With Framensons, Inc. Discussion. CONSENT 405. Office Of The City Attorney On Behalf Of The Mayor And The City Commission, The City Attorney Presents Resolution Number 2006-56 Which Expresses The Mayor's And City Commission's Support And Endorsement For Nemours Children's Hospital In Orlando, Florida. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE I3 OF 18 CONSENT 406. Public Works Department Requests The City Commission's Approval To Fund The City's Share Of St. Johns River Water Management District's Howell Creek Basin Watershed Management Plan In The Amount Of $22,000.00. This Agenda Item was not discussed. CONSENT 407. Information Services Department Requests City Commission Award The WiFi Consulting RFP (Request For Proposal) 012-06-JD To Elert & Associates; Authorize The City Manager To Enter Into A Contract With Elert & Associates For Phases I And II Of The WiFi Initiative; And Approve Supplemental Appropriation Of $53,000.00 For Phases 1 And 2 Of The WiFi Project. No discussion. CONSENT 408. Parks And Recreation Department Requesting The City Commission To Authorize The Mayor To Execute The First Amendment To Seminole County/City Of Winter Springs HUD (Housing And Urban Development)/CDBG (Community Development Block Grant) Subrecipient Agreement, Program Year 2005-2006. There was no discussion on this Agenda Item. CONSENT 409. Office Of The City Manager Requesting The City Commission To Authorize The City Manager To Administer Funds For Construction Of The Veterans Memorial. This Agenda Item was not discussed. CONSENT 410. Office Of The City Clerk Requesting Approval Of The October 9, 2006 Attorney-Client Session Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 14 OF 18 CONSENT 411. Office Of The City Clerk Requesting Approval Of The October 9, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" COMMISSIONER McGINNIS. DISCUSSION. (CONSENT AGENDA). MOTION BY SECONDED BY COMMISSIONER KREBS. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS AGAIN DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 205. Community Development Department - Planning Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2006-19, Which Amends The Zoning District Code To Allow Public Recreational Areas And Facilities In The C-l And PUD (Planned Unit Development) Zoning Districts As Permitted Uses. Ms. Sahlstrom spoke on arranging new advertising so that a Public Hearing could be held on this Agenda Item. Mayor Bush noted, "If we hold it on the 1st, I would like to recommend six o'clock." Commissioner McGinnis remarked, "Good." Commissioner Krebs stated, "Six [o'clock] is fine." Deputy Mayor Blake commented, "Yes." With no objections, Mayor Bush summarized by saying, "Six o'clock on Wednesday, November the 1st is the Special Meeting. " ,-, CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 15 OF 18 INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 501. Community Development Department Advising The City Commission Of The Status Of The Burned Single Family Home Located At 912 Antelope Trail. There was no discussion on this Agenda Item. "MOTION TO APPROVE INFORMATIONAL." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese mentioned that the Trial for the Case "Binford v. Winter Springs" begins this Wednesday. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 16 OF 18 REPORTS 601. Office Of The City Manager - Ronald W. McLemore On the next two (2) months of City Commission Meetings and events, Manager McLemore asked the City Commission, "Do you desire to have only one (1) regular meeting in December?" Commissioner McGinnis remarked, "Yes." Discussion ensuet! on scheduling the Meeting on Parking issues that Mr. Rick Brown had mentioned under Public Input, to November 8, 2006 and to move the Pension Meeting currently plannedfor November 8,2006 to another date. With further discussion on a new date for the Pension related Meeting, Manager McLemore suggested Thursday, November 16th, 2006, to which Deputy Mayor Blake stated, "I can do that." Commissioner Krebs noted, "I can do it." Commissioner Donald A. Gilmore remarked, "Okay." No objections were voiced. Mayor Bush said, "11/16{/06J will be the Pension Meeting, and you will notify the Pension Board people and make sure they are notified of this. " Furthermore, Mayor Bush stated, "And then we will put the Parking Meeting on the sth {November 2006J..." Deputy Mayor Blake remarked, "...6:30 {p.m.J...." Commissioner McGinnis added, "...6:30 {p.m.J...." Mayor Bush remarked, "...6:30 {p.m.J." There were no objections noted. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces mentioned that Deputy Mayor Blake's farewell Event would be held "December the 7th [2006] - it is a Thursday evening, at 6:00 p.m. The Event will most likely be held at the Town Center. We will give you more details a little later on." City Clerk Lorenzo-Luaces added, "It is going to be a Dinner Event." REPORTS 603. Office Of The Mayor - John F. Bush No Report. REPORTS 604. Commission Seat One - Robert S. Miller Absent. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 17 OF 18 REPORTS 605. Commission Seat TwolDeputy Mayor - Michael S. Blake No Report. REPORTS 606. Commission Seat Three - Donald A. Gilmore No Report. REPORTS 607. Commission Seat Four - Sally McGinnis Commissioner McGinnis remarked, "I recently learned that Longwood has a Policy that if they are sued and - the City prevails, then they have to pay city's legal fees. Can you check on that?" Attorney Garganese stated, "I will check on that for you." REPORTS 608. Commission Seat Five - Joanne M. Krebs No Report. .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS HEARD NEXT, AS DOCUMENTED. .:. .:. REPORTS REPORTS 606. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore mentioned Informational Agenda Item "501" and inquired, "Are we still looking at an Ordinance to require damaged, burned-out, etc. buildings to be repaired?" Attorney Garganese stated, "We're looking at that." ADJOURNMENT CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 18 OF 18 Mayor Bush adjourned the Regular Meeting at 8:37 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MA YOR NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. ,...-., ~ ~ ~ ~ ~ ~ :---? CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 23, 2006 CALL TO ORDER The Regular Meeting of Monday, October 23, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, absent Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:38 p.m. Mayor Bush requested a Moment of Silence, which was followed by the Pledge of Allegiance. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Office Of The City Manager Presentation Of A Proclamation In Honor Of "The Month Of The Family". Mayor Bush presented a Proclamation in honor of "The Month of the Family". Bishop Corey Roberts, 1108 Black Acre Trail, Winter Springs, Florida: representing the Church of Jesus Christ of Latter-Day Saints accepted the Proclamation and in return, presented a glass trophy to the Mayor and City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 2 OF 18 PUBLIC INPUT Mr. Rick Brown, 211 Nandina Terrace, Winter Springs, Florida: spoke on behalf of the Winter Springs Town Center Merchants Association on parking, and asked if a Meeting could be held by the City Commission to discuss this matter. City Attorney Anthony A. Garganese arrived at 6:38 p.m. Mayor Bush stated, "Under the Seats, we will pick - a day and a time to do that if that is okay with the Commissioners." Mayor Bush added, ''A Workshop." City Manager, Ronald W. McLemore suggested, "Not to do anything until we have an opportunity to have this Work Session and work through this issue." Mayor Bush added, "I think the Commissioners are all in agreement - put anything on hold on Parking, until we have this Workshop." Commissioner Joanne M. Krebs noted, "Yes." Commissioner Sally McGinnis remarked, "Yes." No objections were voiced. Mayor Bush then said, ''Agreed.'' Mr. Steve Thompson, 810 Dyson Drive, Winter Springs, Florida: presented some data on Traffic Calming related to Dyson Drive. Brief discussion ensued on whether the time for Public Input should be extended for this Speaker. Deputy Mayor Michael S. Blake said, "Very interesting Report. I am certain that as the Report has been displayed here, that it would be part of the Public Record and a copy will be given to each Commissioner for consideration and that we can go through it when we have our Workshop." Mayor Bush added, "Commissioners all have copies." Commissioner McGinnis remarked, "I would like to hold this and have this data. You will be back - at that time of course, and youwill address it." Mr. Tom Freeman, 900 Dyson Drive, Winter Springs, Florida: mentioned he did not think sending surveys to residents in Unit 2 was a good idea, and mentioned that he did not want Traffic Calming forced on residents. Ms. Sherri Moore, 925 Dyson Drive, Winter Springs, Florida: spoke of others' comments and actions related to the Dyson Drive Traffic Calming and noted her concerns with safety issues. Ms. Christine Borbridge, 910 Dyson Drive, Winter Springs, Florida: noted her disappointment with the Dyson Drive Traffic Calming issue being discussed again, and also commented on safety issues. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 3 OF 18 Mr. Ed Martinez, 205 Little Creek Lane, Winter Springs, Florida: spoke of "Tator" people. Ms. Carla Wilson, 702 Heather Lane, Winter Springs, Florida: commented on her concern with Petting Zoo's, like what was held at the Hometown Harvest event in the Town Center and suggested the Commission prohibit live animal exhibits and noted related possible safety concerns. Commissioner McGinnis stated, "I think your points are well taken. We will consider that for sure." Manager McLemore said, "I have tentatively Agenda'd this - for the first Meeting in December." Mayor Bush said to City Clerk Andrea Lorenzo-Luaces, "You might want to make sure Ms. Wilson gets a copy - when this - comes before the Commission - first Meeting in December. " Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: spoke of the Dyson Drive Traffic Calming issue and suggested that we follow the County guidelines for Traffic Calming, and to not send it to residents in Unit 2. Commissioner McGinnis noted that "I have also asked Staff to come back and this will come back at the next Meeting to bring back optional designs, Traffic Calming designs." Mr. Dave Humbarger, 988 Shetland Avenue, Winter Springs, Florida: commented to his neighbors on Dyson Drive that he hoped this would become less emotional and suggested that Stop Signs might be an alternative that could be tried in the meantime. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For First Reading and Transmittal Of Ordinance Number 2006-13, A Large Scale. Comprehensive Plan Amendment (Referenced As LS-CPA-07-01) Which Changes The Future Land Use Map Designation Of Four (4) Parcels Containing 29.3 Acres, More Or Less, Located Immediately West Of DeLeon Street At Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Low Density Residential" (1.1- 3.5 Dwelling Units Per Acre). Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 4 OF 18 "SO MOYED." MAYOR BUSH STATED, "MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. YOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only and noted, "This is First Reading and a Transmittal Hearing. If the Commission approves it, it will be transmitted to the Department of Community Affairs. If any member of the public wishes to be notified regarding this, there is a sign-in sheet." Ms. Eloise, Sahlstrom, AICP, AS LA, Senior Planner, Community Development Department spoke on this Agenda Item. Discussion. Mr. B. Fritz vonBargen, P.E., Senior Project Manager, ConsulTech Development Services, Inc., 2828 Edgewater Drive, Orlando, Florida: spoke on behalf of the Applicant and stated, "We are in agreement with the Staffs Findings and in regard to the comment about the soils, because the minimum evaluation of the soils as part of this Comp (Comprehensive) Plan Amendment is really cursory in nature, it usually is typically done strictly from the soil survey." Further discussion. Tape lISide B Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. John Caravello, 1546 Wescott Loop, Winter Springs, Florida: as the President of their Homeowner's Association, Mr. Caravello asked who the Developer is and what type of housing and price range is being planned. Mr. Tim Montgomery, 4190 Aldergate Place, Winter Springs, Florida: as the owner of Eagle Bay Wood Products, Mr. Montgomery spoke of access and the property in question. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 5 OF 18 Mr. Avril Livingstone, 1578 Wescott Loop, Winter Springs, Florida: asked why he hadn't heard why the proposed change in Zoning, and asked for more details early in the process. The "Public Input" portion of the Agenda Item was closed. Discussion. Mr. vonBargen stated, "Sam Bowman is the Applicant. He will be developing this site." Continuing, Mr. vonBargen added, "The anticipated housing prices are going to be in the half million dollar range." Furthermore, Mr. vonBargen added, "In terms of access to the site, there is no intention to be blocking any access and blocking any bridges, all of that will be worked out as we design the project." Discussion ensued on density and related designations, to which Deputy Mayor Blake pointed out, "I believe the Commission has put on Record that the maximum density that is going to be allowed on this property - this was on the Record prior to the Annexation Vote and the Property Owners had an'opportunity to pull their Annexation request at that time - was going to be one (1) unit per acre." Deputy Mayor Blake continued by saying, "There is an extensive record on this that this property would not be developed in this City at a density higher than one (1) unit per acre - and that is on a gross basis, not a net basis." Discussion. Deputy Mayor Blake then asked Ms. Sahlstrom, "If the Applicant had requested the 'Rural Residential', would Staff support that request?" Ms. Sahlstrom responded, "I would support it as a transitional type development, given the rural area to the east." "IF WE MEAN WHAT WE SAY IN THE ACTIONS THAT WE HAVE TAKEN IN THIS AREA, THE ONLY THING THAT REALLY PROVIDES A TRUE PROTECTION IS TRANSITIONAL ZONING, AND THIS IS A PLACE WHERE IT SHOULD BE. WE HAVE HEARD ABOUT SOIL ISSUES, WE HAVE HEARD ABOUT A RECORD THAT GOES BACK NOW EIGHT (8) YEARS, THAT HAS DEFINED WHAT THIS PROPERTY COULD BE USED AS. AND I BELIEVE IT WAS ON THE RECORD, IN FACT I KNOW IT WAS ON THE RECORD BECAUSE I PUT IT THERE, PRIOR TO THE ANNEXATION OF THIS PROPERTY EVER TAKING PLACE AND I WOULD MOVE FORWARD - TO TRANSMIT THIS, NOT AT LOW DENSITY RESIDENTIAL 1.1 TO 3.5 DWELLING UNITS PER ACRE, BUT AT THE RURAL RESIDENTIAL LAND USE DESIGNATION WHICH IS A ONE (1) UNIT PER ACRE MAXIMUM DENSITY, THAT IS ON A GROSS BASIS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 6 OF 18 DEPUTY MAYOR BLAKE CONTINUED BY SAYING, "I WOULD MAKE A MOTION TO TRANSMIT IT ON THAT BASIS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. vonBARGEN STATED, "I DON'T KNOW IF THE DEVELOPER WOULD BE INTERESTED IN DEVELOPING TWENTY -SIX (26) - I DON'T THINK ECONOMICALLY IT WOULD WORK OUT FOR THEM. IN TERMS OF RESPECTING THE CONSERVATION, THERE WAS SOME STRINGENT CONSERVATION REQUIREMENTS THAT WERE REQUIRED FOR BARRINGTON ESTATES, BECAUSE OF ITS LOCATION AND RESPECT TO THE CONSERVATION AREA; STAFF HAS DONE ITS HOMEWORK, IT'S DOCUMENTED IN HERE THAT THERE IS SOME NOTED WETLANDS ON THE SITE. THOSE WILL BE DELINEATED. WE HAVE TO MAINTAIN A TWENTY-FIVE FOOT (25') BUFFER." Mr. Brian Fields, P.E., City Engineer, Public Works Department: remarked about elements related to the site. Mr. Sam Bowman, 1366 Augusta National Boulevard, Winter Springs, Florida: spoke on behalf of the Owner and said that there must be a misunderstanding on the previous statements related to the density. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY MAYOR BUSH: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Not Used. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance Number 2006-15, A Large Scale Comprehensive Plan Text Amendment (Referenced As LS-CPA-07-03) Which Creates Future Land Use Element Policy 1.8.4, Establishing An Eastern Annexation Boundary For The City, Preventing The City From Expanding The City Boundary Beyond DeLeon Street. Mayor Bush stated, "Motion to read by 'Title' only?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 7 OF 18 MOTION. MAYOR BUSH STATED, "MOTION BY COMMISSIONER BLAKE." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-15 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 203. Not Used. PUBLIC HEARINGS 204. Office Of The City Attorney And Community Development Department Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2006-18. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 8 OF 18 "I MOVE TO APPROVE ORDINANCE NUMBER 2006-18." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 205. Community Development Department - Planning Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2006-19, Which Amends The Zoning District Code To Allow Public Recreational Areas And Facilities In The C-l AndPUD (Planned Unit Development) Zoning Districts As Permitted Uses. "MOVE TO READ BY 'TITLE' ONLY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONE:Q. McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-19 by "Title" only. Ms. Sahlstrom explained about a problem with the required advertising of this Ordinance. Discussion followed on whether a Special Meeting could be held after the advertising issue was taken care of. Attorney Garganese noted, "You can call a Special Meeting just for that purpose - we would have to get the ad - published seven (7) days prior to the Special Meeting: That can be done." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 9 OF 18 Mayor Bush asked, "Would that be something the Commission would like to entertain?" Deputy Mayor Blake stated, "Yes." Commissioner Krebs also remarked, "Yes." No objections were noted and Mayor Bush summarized, "The Consensus is 'Yes'." Mayor Bush added, "We want to expedite it." Mr. Don Fisher, Deputy County Manager, Seminole County, 1101 East First Street, Sanford, Florida: stated, "Yes, we really would like the Special Meeting. If not, it would push back the time that we can get actually started." Mayor Bush suggested to Ms. Sahlstrom that since the Orlando Sentinel made the error and did not publish our advertising, "Maybe they will make an exception to their policy?" Ms. Sahlstrom noted, "They were giving us a discount..." Mayor Bush added, "...It should be free." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. No further action was taken on this Agenda Item, at this time. Tape 2/Side A PUBLIC HEARINGS 206. Community Development Department Recommends The City Commission Hear A Request For A Conditional Use Within The City Of Winter Springs RC-I Zoning District (Residential Rural FLU (Future Land Use) Designation)), To Allow An Approximately 3,080 Square Foot Detached Accessory Structure On Approximately 8.4 Acres At 630 Dunmar Circle. This Would Be The Third Detached Accessory Structure On This Property. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item. Mr. Zachary Kauffman, 17 Minnehaha Circle, Maitland, Florida: as a representative for the Property Owner, Mr. Kaufman addressed the City Commission. Mr. George Acha, 587 Dunmar Circle, Winter Springs, Florida: as the President of the Dunmar Estates Homeowner's Association, Mr. Acha mentioned that the Architectural Review Committee should review this. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 10 OF 18 Mr. Kauffman explained that he was unaware of any Homeowner's Association or Architectural Review Committee in this subdivision. Commissioner McGinnis stated, "1 believe that when we do have an active HOA (Homeowner's Association) and we do have an Architectural Review Committee and that is the process, 1 would prefer for it to go before that Board prior to making any decision. 1 would like to know what the recommendation would be from - the Homeowner's Association - the approval." Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Mr. Kauffman noted, "We would be more than willing to meet with the Homeowner's and show them the plans - they are consistent with the architecture that is already on the property, size, color, shape, design." "I WOULD LIKE TO MAKE A MOTION - ITEM '206' - IT HAS GONE THROUGH OUR REVIEW COMMITTEE AND OUR PROCESS AND IT MEETS OUR CITY'S REQUIREMENTS." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ADDED, "MOTION FOR APPROVAL." COMMISSIONER KREBS ADDED, "RIGHT." MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner McGinnis said, "1 think that it is important if every time we have something come before us - for Approval that we do find out if there - is an HOA (Homeowner's Association) - we just need to be vigilant about that and go tln:ough that process. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 11 OF 18 REGULAR AGENDA REGULAR 300. Office Of The City Manager Requests That Deputy Mayor Michael S. Blake Make An Appointment To The Winter Springs Open Space Advisory Study Committee; And That The Mayor And City Commission "Collectively Appoint One (1) Member" For The Seventh Position On The Winter Springs Open Space Advisory Study Committee. DEPUTY MAYOR BLAKE STATED, "I WOULD LIKE TO APPOINT MR. MICHAEL PILLOW TO THE COMMITTEE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. COMMISSIONER McGINNIS STATED, "FOR THE AT-LARGE POSITION, I WOULD LIKE TO APPOINT MS. (YVONNE) FRO SCHER." MOTION BY COMMISISONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Information Services Department Requests City Commission Authorization To Renew Cisco Equipment MaintenancelWarranties In The Amount Of $12,770.72. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 12 OF 18 CONSENT 401. Office Of The City Manager Requests The City Commission Ratify Waiving Of Fees For Temporary Political Signs Which Need To Be Permitted For The Upcoming Election. This Agenda Item was not discussed. CONSENT 402. Information Services Department Requests City Commission Acceptance Of The Florida League Of Cities Memo Of Understanding; Authorization For The City Manager To Sign The Memo Of Understanding; And Authorization Of Project Management And Oversight Consulting Fees Not To Exceed $18,475.00 For Fiscal Year 2007. No discussion. CONSENT 403. Fire Department Requesting Authorization To Enter Into A Contract With Advanced Data Processing, Inc. (AD PI) For Emergency Medical Transport Billing Services. Brief discussion. CONSENT 404. Community Development Department - Building Division Requests That The City Commission Authorize The Renewal Of An Agreement For Contract Building Inspection Services With Framensons, Inc. Discussion. CONSENT 405. Office Of The City Attorney On Behalf Of The Mayor And The City Commission, The City Attorney Presents Resolution Number 2006-56 Which Expresses The Mayor's And City Commission's Support And Endorsement For Nemours Children's Hospital In Orlando, Florida. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 13 OF 18 CONSENT 406. Public Works Department Requests The City Commission's Approval To Fund The City's Share Of St. Johns River Water Management District's Howell Creek Basin Watershed Management Plan In The Amount Of $22,000.00. This Agenda Item was not discussed. CONSENT 407. Information Services Department Requests City Commission Award The WiFi Consulting RFP (Request For Proposal) 012-06-JD To Elert & Associates; Authorize The City Manager To Enter Into A Contract With Elert & Associates For Phases I And II Of The WiFi Initiative; And Approve Supplemental Appropriation Of $53,000.00 For Phases 1 And 2 Of The WiFi Project. No discussion. CONSENT 408. Parks And Recreation Department Requesting The City Commission To Authorize The Mayor To Execute The First Amendment To Seminole County/City Of Winter Springs HUD (Housing And Urban Development)/CDBG (Community Development Block Grant) Subrecipient Agreement, Program Year 2005-2006. There was no discussion on this Agenda Item. CONSENT 409. Office Of The City Manager Requesting The City Commission To Authorize The City Manager To Administer Funds For Construction Of The Veterans Memorial. This Agenda Item was not discussed. CONSENT 410. Office Of The City Clerk Requesting Approval Of The October 9, 2006 Attorney-Client Session Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 14 OF 18 CONSENT 411. Office Of The City Clerk Requesting Approval Of The October 9, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" COMMISSIONER McGINNIS. DISCUSSION. (CONSENT AGENDA). MOTION BY SECONDED BY COMMISSIONER KREBS. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS AGAIN DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 205. Community Development Department - Planning Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2006-19, Which Amends The Zoning District Code To Allow Public Recreational Areas And Facilities In The C-l And PUD (Planned Unit Development) Zoning Districts As Permitted Uses. Ms. Sahlstrom spoke on arranging new advertising so that a Public Hearing could be held on this Agenda Item. Mayor Bush noted, "If we hold it on the I S\ I would like to recommend six o'clock." Commissioner McGinnis remarked, "Good." Commissioner Krebs stated, "Six [o'clock] is fine." Deputy Mayor Blake commented, "Yes." With no objections, Mayor Bush summarized by saying, "Six o'clock on Wednesday, November the 1st is the Special Meeting. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 15 OF 18 INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 501. Community Development Department Advising The City Commission Of The Status Of The Burned Single Family Home Located At 912 Antelope Trail. There was no discussion on this Agenda Item. "MOTION TO APPROVE INFORMATIONAL." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese mentioned that the Trial for the Case "Binford v. Winter Springs" begins this Wednesday. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 16 OF 18 REPORTS 601. Office Of The City Manager - Ronald W. McLemore On the next two (2) months of City Commission Meetings and events, Manager McLemore asked the City Commission, "Do you desire to have only one (1) regular meeting in December?" Commissioner McGinnis remarked, "Yes." Discussion ensued on scheduling the Meeting on Parking issues that Mr. Rick Brown had mentioned under Public Input, to November 8, 2006 and to move the Pension Meeting currently planned for November 8, 2006 to another date. With further discussion on a new date for the Pension related Meeting, Manager McLemore suggested Thursday, November 16th, 2006, to which Deputy Mayor Blake stated, ~~I can do that." Commissioner Krebs noted, "1 can do it." Commissioner Donald A. Gilmore remarked, ~~Okay." No objections were voiced. Mayor Bush said, "11/16[/06J will be the Pension Meeting, and you will notify the Pension Board people and make sure they are notified of this. " Furthermore, Mayor Bush stated, "And then we will put the Parking Meeting on the Kh [November 2006J..." Deputy Mayor Blake remarked, "...6:30 [p.m.J...." Commissioner McGinnis added, "...6:30 [p.m.J...." Mayor Bush remarked, ~~...6:30 [p.m.J." There were no objections noted. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces mentioned that Deputy Mayor Blake's farewell Event would be held "December the 7th [2006] - it is a Thursday evening, at 6:00 p.m. The Event will most likely be held at the Town Center. We will give you more details a little later on." City Clerk Lorenzo-Luaces added, "It is going to be a Dinner Event." REPORTS 603. Office Of The Mayor - John F. Bush No Report. REPORTS 604. Commission Seat One - Robert S. Miller Absent. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 17 OF 18 REPORTS 605. Commission Seat Two/Deputy Mayor - Michael S. Blake No Report. REPORTS 606. Commission Seat Three - Donald A. Gilmore No Report. REPORTS 607. Commission Seat Four - Sally McGinnis Commissioner McGinnis remarked, "I recently learned that Longwood has a Policy that if they are sued and - the City prevails, then they have to pay city's legal fees. Can you check on that?" Attorney Garganese stated, "I will check on that for you." REPORTS 608. Commission Seat Five - Joanne M. Krebs No Report. .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS HEARD NEXT, AS DOCUMENTED. .:. .:. REPORTS REPORTS 606. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore mentioned Informational Agenda Item "SOl" and inquired, "Are we still looking at an Ordinance to require damaged, burned-out, etc. buildings to be repaired?" Attorney Garganese stated, "We're looking at that." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:37 p.m. RESPECTFULLY SUBMITTED: A LORENZO-LUACES, CMC CLERK APPkOVED; I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 23,2006 PAGE 18 OF 18 NOTE: These Minutes were approved at the November 13,2006 Regular City Commission Meeting.