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2014 10 13 Consent 311 Unapproved Minutes from the September 22, 2014 Regular Meeting COMMISSION AGENDA Informational Consent X ITEM 311 Public Hearings g Regular October 13, 2014 ALLL Regular Meeting City Manager Department REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, September 22, 2014 City Commission Regular Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and/or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Minutes from the Monday, September 22, 2014 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk Consent 311 PAGE 1 OF 2-October 13,2014 for the Approval by the City Commission. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is requested to consider and offer their Approval of the Monday, September 22, 2014 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, September 22, 2014 City Commission Regular Meeting Minutes (21 total pages). Consent 311 PAGE 2 OF 2-October 13,2014 Attachment"A" fir':• CITY OF WINTER SPRINGS FLORIDA r�t 04 s Z Incorporated • • 1959 • /4,Q01D WE��Jyc CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 22, 2014 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434,WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Rick Brown - Seat Two Commissioner Jean Hovey- Seat One Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick- Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 2 OF 21 CALL TO ORDER The Regular Meeting of Monday, September 22, 2014 of the City Commission was called to Order by Mayor M, Charles Lacey 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 Charles Lacey, present Deputy Mayor Rick Brown,present Commissioner Jean Hovey,present Commissioner Pam Carroll,present Commissioner Cade Resnick,present Commissioner Joanne M. Krebs, absent City Manager Kevin L. Smith,present City Attorney Anthony A. Garganese,present City Clerk Andrea Lorenzo-Luaces,present A moment of silence was held, followed by the Pledge of Allegiance. PUBLIC HEARINGS AGENDA- PART I OF II PUBLIC HEARINGS 500. Finance and Administrative Services Department REQUEST: The City Manager is requesting that the City Commission hold a Public Hearing relative to the approval of Resolution 2014-20, which establishes the Final Operating Millage Rate and the Final Voted Debt Service Millage Rate for Fiscal Year 2014-2015 for the City of Winter Springs. FISCAL IMPACT: The decision to levy an operating millage rate of 2.4300 mills as opposed to the rolled-back rate of 2.3183 mills results in additional ad valorem General Fund revenues of approximately $188,000 (net of statutory discount). The decision to maintain the voted debt service millage rate at 0.1100 mills requires a subsidy from the General Fund to the Central Winds Debt Service Fund in the amount of $13,000 which would have been greater had the Central Winds General Obligation Bond not been refinanced. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above,and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 3 OF 21 The Property Appraiser mailed each property owner a TRIM notice prior to the first Public Hearing on September 8th. Additionally, the budget calendar has been on the City's website since its approval in March and notice of the final public hearing was advertised on the City Hall electronic sign and City newsletter. Lastly and most importantly, the statutorily required advertisements ran in the Orlando <;_ >4 Sentinel on September 18,2014. Upon approval and adoption of Resolution 2014-20,the final millage rates for fiscal year 2014-2015 will be communicated to the Seminole County Property Appraiser and the sift, Seminole County Tax Collector as the millage rates to be levied by the City of Winter Springs for the 2014 . tax year(Fiscal Year 2014-2015). RECOMMENDATION: Staff recommends the Commission approve Resolution 2014-20 establishing the fiscal year 2014-2015 Final operating millage rate for the City of Winter Springs at 2.4300 mills and the Final voted debt service millage rate at 0.1100 mills and publicly announce that the operating millage rate of 2.4300 mills is 4.82% greater than the rolled-back rate of 2.3183 mills. With brief comments, Mayor Lacey stated, "The decision to levy an Operating Millage Rate of 2.4300 Mills, as opposed to the Rolled-Back Rate of 2.3183 Mills, results in additional Ad-Valorem General Fund Revenues of approximately one hundred and eighty-eight thousand dollars($188,000.00)." Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department added, "This recommended Millage is 4.82% greater than the Rolled-Back Rate. So, we have on the table 2.4300 for Operating and 0.1100 Mills for Voted Debt." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Finance and Administrative Services Department REQUEST: The City Manager is requesting that the City Commission hold a Public Hearing to consider the approval of Resolution No. 2014-21, establishing the Final Budget for Fiscal Year 2014-2015. FISCAL IMPACT: The proposed final city-wide budgets by fund type currently reflect the following appropriations to (from) fund balance: General Fund — ($432,744); comprised of $6,097 of positive operating coverage and ($438,841) in capital/non-recurring coverage Governmental Funds(exclusive of General Fund)—($1,863,843) Enterprise Funds—($317,076) CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 4 OF 21 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has la,. also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's r Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The Property Appraiser mailed each property owner a TRIM notice prior to the first Public Hearing on September 8t". Additionally, the budget calendar has been on the City's website since its approval in March and notice of the final public hearing was advertised on the City Hall electronic sign and City newsletter. Lastly and most importantly, the statutorily required advertisements ran in the Orlando Sentinel on September 18, 2014. The Tentative Budget is posted on the City's website and within two weeks of adoption the Final Budget will likewise be published. RECOMMENDATION: Staff recommends that the Commission approve adoption of Resolution No. 2014-21 establishing the final budget for Fiscal Year 2014-2015. Related to this Agenda Item, Ms. Balagia mentioned, "There have been a few, slight changes from the Tentative Budget. Those are captured in Attachment `2.'. They are relatively immaterial. So, the request for Total Budgeted Expenditures in total of thirty-nine million eight hundred seventy thousand six hundred nine dollars ($39,870,609.00)and that is inclusive of Interfund Transfers." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "I WILL MAKE A MOTION TO APPROVE." MOTION BY COMMISSION HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 5 OF 21 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used ,1••••••., r Y.. INFORMATIONAL AGENDA INFORMATIONAL 200. Community Development Department REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. INFORMATIONAL 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission about planning efforts for the 2014 Hometown Harvest event. FISCAL IMPACT: • Projected expenses of$4,302 (Attachment A). • Projected revenues from sponsorship and vendor booths is $3,000. • Remaining expenses will be covered with funds from the Community Events Escrow. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 6 OF 21 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server.-! *►A Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 202. Utility Department REQUEST: The Utility Department wishes to inform the City Commission of the Pending Publication and Distribution of a Required Public Notice for Exceeding the Total Trihalomethanes Drinking Water Standard. FISCAL IMPACT: Implementation of improved treatment processes, such as forced draft aeration, were included as an alternative in the 2009 utility rate study. The estimate at the time was that an additional 25% increase in potable water rates would be needed to support the increased capital and operating costs. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 7 OF 21 PUBLIC INPUT Mr. Bryan Wilson, 702 Heather Lane, Winter Springs, Florida: noted that since the last Winter Springs City k Commission meeting, two (2) additional cities in Florida have held hearings on Ordinances banning the retail sale of dogs and cats; and introduced his wife Carla who is also involved in this effort. Ms. Nancy Vail, 1374 Augusta National Boulevard, Winter Springs, Florida: spoke about Live Oak trees that limb were removed in the Country Club Village neighborhood, the status of the Live Oak trees before they were removed, that the community does not look good without the trees, and asked that a portion of the trees be replanted. Deputy Mayor Rick Brown noted that the issue will likely come before the City Commission and asked City Manager Kevin L. Smith if a date had been set for the pending Hearing. Manager Smith replied, "Not at this point. It is my understanding that Mr. (Randy) Stevenson (Director, Community Development Department) will be meeting with Ms. (Pat)Guernsey." Manager Smith added, "After that,we'll go from there." Ms. Vail subsequently asked if they could be notified whether "There's going to be a Hearing or a decision?" Mayor Lacey pointed Mr. Stevenson out to Ms. Vail and asked her to make sure Mr. Stevenson had her contact information and then said,"I am sure he will keep you informed." Mayor Lacey closed "Public Input". CONSENT AGENDA CONSENT 300. Public Works Department REQUEST: The Public Works Department requests the City Commission's authorization to execute a task order with CPII, Inc.in the amount of $66,305.20 for the design of Central Winds Park Roadway Improvements, funded by Transportation Impact Fees. FISCAL IMPACT: The design and permitting cost is $66,305.20, plus a 10% contingency,funded by Transportation Impact Fees. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTEMBER 22,2014 PAGE 8 OF 21 RECOMMENDATION: , Staff recommends the City Commission authorize the execution of a task order with CPH, Inc.in the amount of $66,305.20 plus a 10% contingency for the design of Central Winds Park Roadway funded by Transportation Impact Fees. No discussion. k ., a CONSENT e 301. Community Development Department REQUEST: The Community Development requests that the City Commission approve the consolidation of two landscape maintenance contracts (Maki Landscaping, LLC with Dawnalee Corporation) for landscape maintenance services for the Town Center Phase I. FISCAL IMPACT: The incremental cost to the City of consolidating these two contracts is $109.80 per year which will more than be exceeded by the savings of not having to administer the additional contract. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the consolidation of the Maki Contract scope-of- services with the Dawnalee (Blumberg Contract) scope-of-services in order to obtain higher quality services, reduce the number of small contracts requiring administration by staff; at a negligible cost to the City. This Agenda Item was not discussed. CONSENT 302. Information Services Department REQUEST: The Information Services Department requests Commission approve renewal and payment of the attached Tyler Technologies software maintenance agreement for the period of October 1, 2014 thru September 30, 2015 in the amount of $40,491.20, authorize Information Services to renew and pay the OSDBA maintenance agreement in the amount of $13,068.36 for FY 2015 if circumstances necessitate the use of said services,and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents.This will be the final maintenance to be renewed with Munis. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 9 OF 21 FISCAL IMPACT: fiscal impact is $40,491.20 and an additional $13,068.36 (only if needed). Both are budgeted in Information Services Department 001-16-1600-530342 Maintenance Agreements and Contracts. COMMUNICATION EFFORTS: x° This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. w Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's r. Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Information Services Department requests the Commission approve renewal and payment of the Munis annual maintenance and support agreement in the amount of $40,491.20; authorize renewal and payment of OSDBA maintenance in the amount of$13,068.36 if circumstances necessitate the use of said services; and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 303. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, September 8, 2014 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 10 OF 21 RECOMMENDATION: The City Commission is requested to consider and offer their Approval of the Monday, September 8, 2014 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. • "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR BROWN SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: ;: r ' COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report. REPORTS 401. Office Of The City Manager—Kevin L. Smith Manager Smith noted that Commissioner Joanne M. Krebs sits on a Florida League of Cities Legislative Policy Committee, and due to a prior commitment, Commissioner Krebs is not able to attend a Legislative Policy Committee Meeting in October; and he was asking on behalf of Commissioner Krebs if the City Commission would be agreeable to City Clerk Andrea Lorenzo-Luaces attending an upcoming Legislative Policy Committee Meeting on behalf of Commissioner Krebs, and to take notes, and report back to Commissioner Krebs. Mayor Lacey asked City Clerk Lorenzo-Luaces, "Are you able to and willing?" City Clerk Lorenzo-Luaces replied, "Of course.Yes." Next, Mayor Lacey asked the City Commission for their approval and Commissioner Cade Resnick stated, "That is fine with me." Commissioner Pam Carroll stated, "Yes." Deputy Mayor Rick Brown was agreeable to this. With no objections noted, Mayor Lacey said to Manager Smith, "Communicate to Commissioner Krebs that Andrea(Lorenzo Luaces) is more than willing to go." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 11 OF 21 REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC City Clerk Lorenzo-Luaces mentioned that an Agenda Item for the Appointments to the Bicycle and Pedestrian Advisory Committee should be expected towards the end of October; with Appointments to the Parks and £,€ • Recreation Advisory Committee coming later. City Clerk Lorenzo-Luaces also noted that applicable Advisory Board and Committee Applications would be added to the Mayor and Commission's "Dropbox" accounts and rk placed in related sub-folders related to information provided by each Applicant; and asked if this was acceptable. Commissioner Carroll replied, "I would appreciate that very much." Other Commissioners nodded in agreement. fi"` City Clerk Lorenzo-Luaces added, "I will keep you posted when they are ready and in there." REPORTS 403. Office of Commissioner Seat Three-The Honorable Pam Carroll Commissioner Carroll mentioned some on-site meetings she has had with residents and Duke Energy related to tree trimming, and that Manager Smith had obtained information for a Duke Energy contact person and wondered how this contact information could be shared with residents who have any concerns. Mayor Lacey asked Manager Smith if he felt that Duke Energy had been responsive; to which Manager Smith replied that so far they had been. Brief comments continued. REPORTS 404. Office of Commissioner Seat Four-The Honorable Cade Resnick Commissioner Resnick noted the City's focus on great customer service and stated, "I would like to see if we can't find a way for us to build relationships with people who work in our City that have the same mantra." Continuing, Commissioner Resnick added that he was troubled by the way resident's concerns were handled by Duke Energy and remarked, "I would like to see more coming back from Duke (Energy), not just an apology but what they are going to do in the future to work with customer service." Commissioner Resnick mentioned he would not be able to attend this year's "Hometown Harvest" due to a prior commitment and sent his sincerest regrets. REPORTS 405. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs Absent. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 12 OF 21 REPORTS 406. Office of the Mayor-The Honorable Charles Lacey No Report s REPORTS 407. Office of Commissioner Seat One-The Honorable Jean Hovey Commissioner Jean Hovey mentioned that last week she had attended a Tri-County League of Cities meeting, and that a representative from the Metro Orlando Economic Development Commission noted that 2.3 million people live in Lake, Orange, Osceola, and Seminole counties; and that in Florida, one (1) out of every three (3)jobs is in the tourist industry. REPORTS 408. Office of Commissioner Seat Two/Deputy Mayor—The Honorable Rick Brown Deputy Mayor Brown was also concerned with Duke Energy and what they have done in their recent tree trimming, and hoped they"Will work with us in a more positive manner going forward." Next, Deputy Mayor Brown introduced Mr. Matt Del Bene, whose was in attendance and was making a feature film in Winter Springs and Oviedo called"River Money" and he was trying to obtain contributions for this effort. Deputy Mayor Brown mentioned that an Honor Flight is scheduled for Saturday, September 27th, 2014 and seventy-five (75) Veterans and their Guardians will be returning to Sanford-Orlando Airport between 9 and 10 p.m. and encouraged anyone interested to attend the homecoming and welcome them home. Additionally,Deputy Mayor Brown remarked that he was recently on the Carl Jackson Radio Show with Mr. Dan Peterson, who leads the group "Coalition of Property Rights" who are against Amendment 1, which proposes "That thirty percent(30%) of all doc stamps will be set aside for the Government to purchase lands and hold them in Government Trusts." Deputy Mayor Brown also noted that he would be inviting published author, Ms. Joanna Jakubcin who wrote a book entitled, "Not Ready for Winter Springs: A Collection of Poems"to attend a City Commission meeting. Lastly, Deputy Mayor Brown referenced the November Election and spoke for the Record on a previous legal issue and offered information related to it to anyone interested. PUBLIC HEARINGS AGENDA-PART II OF II PUBLIC HEARINGS 502. Community Development Department-Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing for the Second Reading of Ordinance 2014-14, which adopts the City's five (5) year schedule of capital improvements in accordance with the Community Planning Act for FY 2014/2015 through FY 2018/2019. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 13 OF 21 FISCAL IMPACT: k' The Capital Improvements Program (CIP) is a 6-year schedule of improvements that includes the Capital Improvements Element Schedule and all other capital projects to be funded by the City. There is no fiscal impact directly associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The proposed Ordinance was advertised in the Orlando Sentinel on July 31, 2014 as depicted in Attachment B. RECOMMENDATION: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing for the Second Reading of Ordinance 2014-14, which adopts the City's five (5) year schedule of capital improvements in accordance with the Community Planning Act for FY 2014/2015 through FY 2018/2019. City Attorney Anthony A. Garganese read Ordinance 2014-14 by"Title"only. Mr.Randy Woodruff, Senior Planner, Community Development Department added, "No changes." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. AS TO THE SECOND READING AND APPROVAL OF ORDINANCE 2014-14, "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISUCSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 14 OF 21 PUBLIC HEARINGS 503. Community Development Department-Planning Division REQUEST: The Community Development Department— Planning Division requests that the City Commission hold a MAW public hearing to consider First Reading of the Annexation Agreement between the City of Winter Springs and Jennifer Thompson Truglia; and First Reading of Ordinance 2014-21, which proposes to voluntarily t .a ��. ,; annex approximately 1.9 acres of property located at 715 North U.S. 17-92. FISCAL IMPACT: The requested annexation is the initial step in order for the applicant to procure water and sewer service from the City of Longwood. The surrounding area is generally characterized by auto oriented commercial businesses within both Seminole County, City of Longwood and the City of Winter Springs. Based upon the current taxable value of the property ($522,800), the additional tax revenue to the City as a result of this annexation is estimated at$1,328. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on August 8, 2014. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. The proposed Ordinance was advertised in the Orlando Sentinel on September 11, 2014 as depicted in Attachment F. The second consecutive legal ad will run in the Orlando Sentinel on September 18, 2014. RECOMMENDATION: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of both the Annexation Agreement and Annexation and make two(2) separate motions as follows: A. Approve First Reading of the Annexation Agreement between the City and Jennifer Thompson Truglia for property located at 715 North U.S. Highway 17-92 as stipulated within the Interlocal Agreement between the City of Winter Springs and the City of Longwood. B. Approve First Reading of Ordinance 2014-21, which proposes to voluntarily annex approximately 1.9 acres of property located at 715 North U.S. 17-92. Mayor Lacey spoke briefly on this Agenda Item and clarified that the "Annexation Agreement requires a Motion and a Vote; and then it will be First Reading of Ordinance 2014-21." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 15 OF 21 RelEMEMIA4sT4 "MOTION TO READ (ORDINANCE 2014-21) BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. =<p MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. r Attorney Garganese read Ordinance 2014-21 by"Title"only. tt �rf Mr. Woodruff reiterated, "Both the Annexation Agreement and the Annexation before you this evening are coming as a result of the existing Interlocal Agreement between both the City of Winter Springs and (City of) Longwood, as it relates to the Applicant's request to procure both water and sewer from the City of Longwood." Continuing, Mr. Woodruff noted, "Two (2) separate Motions, one being the Annexation Agreement, again not needing two (2)Readings. So, we're requesting the approval for the (Annexation)Agreement and then a separate Motion for First Reading of the Annexation(Ordinance)." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE THE ANNEXATION AGREEMENT." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Mayor Lacey said,"Ordinance 2014-21. Is there a Motion?" "MOTION (TO APPROVE)." MAYOR LACEY STATED, "MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN - TO APPROVE FIRST READING OF (ORDINANCE) 2014-21." DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department-Planning Division REQUEST: The Community Development Department— Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning for approximately 1.9 acres of property located at 715 North U.S. 17-92 as described within Ordinances 2014-22 and 2014-23. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 16 OF 21 FISCAL IMPACT: The requested Small Scale Plan Amendment is the initial step in order for the applicant to procure water and sewer service from the City of Longwood. The surrounding area is generally characterized by auto oriented commercial development in both Seminole County, City of Longwood and the City of Winter -M Springs.Based upon the current taxable value of the property($522,800), the additional tax revenue to the Wig:,. s City as a result of this annexation is estimated at$1,328. _ m COMMUNICATION EFFORTS: : This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, f. City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on August 8, 2014. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. The proposed Ordinance was advertised in the Orlando Sentinel on September 11 & 18, 2014 as depicted in Attachment F. RECOMMENDATION: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning and make two(2) separate motions as follows: A. Approve First Reading of Ordinance 2014-22, which proposes a Small-Scale Future Land Use Map Amendment for 1.9 acres of property located at 715 North U.S. Highway 17-92 from Seminole County "Mixed Development(MXD)"to City of Winter Springs"Commercial" B.Approve First Reading of Ordinance 2014-23,which proposes a Rezoning for approximately 1.9 acres of property located at 715 North U.S. Highway 17-92 from Seminole County "Commercial (C-2)" to City of Winter Springs "Highway 17-92 Commercial District(C-3)". "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese asked, "Does that Motion apply to both Ordinances?" Commissioner Hovey responded, "Yes." Attorney Garganese read Ordinance 2014-22 and then read Ordinance 2014-23, each by"Title"only. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 17 OF 21 L=;:a-siTszaa Mayor Lacey opened the "Public Input"portion of the Agenda Item for both Ordinance 2014-22 and Ordinance r 2014-23. No one addressed the City Commission. ; Mayor Lacey closed the "Public Input"portion of the Agenda Item for both Ordinance 2014-22 and Ordinance aloe 2014-23. "MOTION TO MOVE TO SECOND READING ORDINANCE 2014-22." MOTION BY ° COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "MOTION TO APPROVE ORDINANCE 2014-23 TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Pursuant to direction given at the September 8, 2014 City Commission meeting, Community Development Staff is presenting the City Commission with a request for direction as to whether or not the City Commission wishes to pursue the drafting of an ordinance which provides additional regulations on the retail sale of dogs and cats. FISCAL IMPACT: There is no immediately measurable fiscal impact associated with this agenda item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 18 OF 21 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's • ri Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press b. '.. > Representatives who have requested Agendas/Agenda Item information, Homeowner's ;� Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with P additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the Commission consider the request and the information presented in this agenda item and provide direction to staff as they deem appropriate. Mr. Stevenson began the discussion on this Agenda Item and noted, "We have talked to Seminole County and each of the six (6) other cities in Seminole County, and none of them have to-date, dealt with this particular issue." Mayor Lacey spoke about animal control in working with Seminole County and said in regards to this proposed Ordinance, does this "Need any coordination or does it relate to - our relationship with the County and their animal control?" Mr. Stevenson replied that a number of years ago we "Adopted the County Ordinance, in terms of dealing with animals and animal control. This may be something a little bit different. I'll have to defer to the Attorney, because it's more or less an issue that talks about the retail sales of those animals. Not necessarily animal control." Mr. Stevenson added, "We would be working with the County, dependent upon the direction given by this Commission." "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT `4.' [a] - "Prohibit the selling, trading, transfer or other disposal of dogs [and/] or cats within the City, subject to exemptions.',AND THAT WE DEAL WITH THOSE EXEMPTIONS IN THE FUTURE ON A CASE BY CASE BASIS." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED, "SO, WE HAVE A MOTION FOR THE COMMISSION TO ADOPT RECOMMENDATION `4.' - BULLET ONE. IT HAS BEEN SECONDED BY COMMISSIONER HOVEY. DEPUTY MAYOR, UNDER YOUR MOTION THEN, YOU WOULD BE ASKING FOR THE STAFF AND THE ATTORNEY TO COME BACK WITH A PROPOSED ORDINANCE TO THAT EFFECT?"DEPUTY MAYOR REPLIED,"YES." MR. STEVENSON ASKED, "UNDER `5.' WE DO PROVIDE SOME EXEMPTIONS-ARE WE GOING TO PUT THOSE OFF UNTIL LATER THEN?" DEPUTY MAYOR BROWN STATED, "THAT IS MY INTENT." COMMISSIONER RESNICK SAID, "THAT IS WHAT I WAS GOING TO ASK, BECAUSE `5.' HAS THE EXEMPTIONS AS YOU JUST MENTIONED. IN YOUR THOUGHT PROCESS, DEPUTY MAYOR, ARE YOU LIMITING THE EXEMPTIONS TO THOSE UNDER `5.' OR ARE YOU WANTING THAT AS A STARTING POINT, AND THEN POSSIBLY LEAVING IT UP TO STAFF TO DO THE REST?" CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 19 OF 21 DEPUTY MAYOR BROWN ANSWERED, "THE WRITING IN THE ITEM SAYS, `Important "'' exemptions to the above options that the City [Commission] may consider' And I WOULD EVEN EXTEND THAT TO SAY `MAY CONSIDER AT SOME TIME'. SO, THOSE ARE POSSIBLE ', EXEMPTIONS THAT MAY COME UP, SINCE WE HAVEN'T BEEN PRESENTED WITH ANY OF THESE BUSINESSES YET - I DON'T THINK WE ARE IN A POSITION TO START SETTING EXEMPTIONS AT THIS TIME UNTIL WE SEE WHAT PEOPLE ACTUALLY WANT TO DO." CONTINUING, DEPUTY MAYOR BROWN MENTIONED THE REFERENCE TO A "LICENSED BREEDER- WITH A REPUTABLE BUSINESS, I THINK THAT MAY BE A POSSIBLE EXEMPTION. ' IF IT WAS A VETERINARIAN THAT HAD RESCUE ANIMALS AVAILABLE, I THINK THAT MAY BE A POSSIBLE EXEMPTION. SO,UNTIL WE ARE PRESENTED WITH THOSE KIND OF ITEMS,I AM NOT SO SURE THAT WE CAN SET THAT CRITERIA." WITH FURTHER COMMENTS, MAYOR LACEY CLARIFIED, "SO, UNDER THE SCENARIO YOU ARE ENVISIONING, WE WOULD PASS THE ORDINANCE BASED UPON `4.', [BULLET] ONE... DEPUTY MAYOR BROWN STATED, "...YES..." MAYOR LACEY CONTINUED, "...AND THEN,AS IT EVOLVES FROM THAT POINT, WE WOULD CONSIDER AMENDING THE ORDINANCE FOR EXEMPTIONS AS THEY BECAME LOGICAL TO DO?" DEPUTY MAYOR BROWN RESPONDED, "THAT IS CORRECT MAYOR. I THINK THIS SETS A GROUNDWORK FOR US TO WORK FROM. OBVIOUSLY HERE WE ARE AND WE HAVE NEVER HAD THIS INCIDENT COME BEFORE US BEFORE. IT IS UNLIKELY THAT IT WILL COME BEFORE US AT ANY POINT IN THE FUTURE. BUT, AT LEAST IF IT DOES, WE HAVE A BASIS TO START NEGOTIATIONS WITH ANY SUCH BUSINESS; AND IT LEAVES THE DOOR OPEN, WHERE WE ARE NOT SAYING `NO' TO FOLKS WITH LEGITIMITE BUSINESSES THAT WANT TO COME INTO THE CITY. WE ARE JUST SAYING THAT WE GET TO REVIEW WHEN IT COMES TO THE WHOLESALE, SALE, RETAIL SALE OF DOGS AND CATS. WE WOULD LIKE TO MAKE SURE THEY ARE NOT COMING FROM PUPPY MILLS AND KITTY FARMS..." MAYOR LACEY MENTIONED, "...I WOULD HAVE THE CONCERN THOUGH, THAT IF WE START WITH A BLANKET PROHIBITION, WE ARE TELLING THE BUSINESS COMMUNITY THAT THEY CAN'T HAVE A BUSINESS UNTIL THEY COME TO US AND NEGOTIATE IT. AND IF ANYTHING WE HAVE LEARNED ABOUT BUSINESSES,THEY APPRECIATE CERTAINTY." FURTHERMORE, MAYOR LACEY SAID, "I THINK ANY BUSINESS THAT MIGHT BE SOMETHING THAT WE WOULD WELCOME,UNDER ALL THE VARIOUS EXEMPTIONS,MIGHT NOT EVEN COME TALK TO US ABOUT IT IF IT THEY STARTED FROM THE DEFAULT CONDITION OF JUST THE ANSWER IS `NO'." ATTORNEY GARGANESE REMARKED, "ONE SUGGESTION WOULD BE TO HANDLE THE FURTHER REVIEW AS A CONDITIONAL USE, SUBJECT TO OTHER CONDITIONS AND SCRUTINY; BECAUSE WHAT'S IN THIS AGENDA ITEM is `4.' [a], IT WOULD COME TO YOU AS A BLANKET ZONING PROHIBITION. SO, IT WOULD BE A LEGISLATIVE ACT; AND SO THAT'S FINE IF YOU WANT TO GO DOWN THAT DIRECTION, BUT THEN THE ONLY WAY TO CARVE OUT AN EXCEPTION WOULD BE TO AMEND THE CODE IN THE FUTURE WITH ANOTHER LEGISLATIVE ACT. ANOTHER SUGGESTION WOULD BE TO SAY THAT IT'S PROHIBITED, SUBJECT TO CONDITIONAL USE. SO, IT'S ALL ENVELOPED INTO THAT ONE (1) LEGISLATIVE ACT. SO, THE COMMISSION THEN CAN MAKE A DECISION LATER ON A CONDITIONAL USE BASIS,RATHER THAN AN ORDINANCE CHANGING THE CODE BASIS." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 20 OF 21 DEPUTY MAYOR BROWN SAID, "I AM WILLING TO AMEND MY MOTION IN CONCERT WITH THE CITY ATTORNEY'S SUGGESTION." MAYOR LACEY ASKED THAT ATTORNEY GARGANESE GO OVER HIS MOTION, TO WHICH Apii ATTORNEY GARGANESE POINTED OUT, "I WOULD WORK WITH STAFF TO PREPARE AN ORDINANCE THAT WOULD `PROHIBIT THE SELLING, TRADING, TRANSFER OR OTHER t DISPOSAL OF DOGS AND/OR CATS WITHIN THE CITY' UNLESS A CONDITIONAL USE IS r GRANTED BY THE CITY COMMISSION. THEN, THE CONDITIONAL USE WOULD BE SUBJECT -x^ TO ADDITIONAL CONDITIONS THAT WOULD BE LAID OUT IN THE ORDINANCE, SUCH AS WHAT'S LISTED IN `5.'. BUT, THERE MAY BE OTHER CONDITIONS AND SAFEGUARDS AS WELL FOR THE COMMISSION TO REVIEW ON A CASE-BY-CASE BASIS, IN THE EVENT SOMEONE DOES MEET THE CRITERIA FOR APPROVAL. BUT IT WOULD REQUIRE MORE ZONING ANALYSIS AND WITH STAFF TO PREPARE SUCH AN ORDINANCE." MAYOR LACEY SAID, "DEPUTY MAYOR BROWN HAS PROPOSED AMENDING THE MOTION TO REFLECT THE SENTIMENTS THAT THE ATTORNEY JUST EXPRESSED. DO I HAVE UNANIMOUS CONSENT TO ACCEPT THE AMENDED MOTION?" AMENDMENT TO THE MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. SUBSEQUENTLY, MAYOR LACEY STATED, "SO, THE MOTION ON THE FLOOR IS TO ADOPT AN ORDINANCE FOR BULLET ONE, SUBJECT TO THE CONDITIONAL USE LANGUAGE EXCEPTIONS THAT THE ATTORNEY HAS RECOMMENDED. SO, I WOULD PUT A QUESTION TO RANDY (STEVENSON) AND ANTHONY (GARGANESE), DO YOU FEEL LIKE YOU HAVE SUFFICIENT UNDERSTANDING OF THE COMMISSION'S DIRECTION IF THIS MOTION PASSES TO BE ABLE TO PROPOSE AN ORDINANCE?" BOTH MR. STEVENSON AND ATTORNEY GARGANESE NODDED IN AGREEMENT; ATTORNEY GARGANESE STATED,"I DO." VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Mayor Lacey noted, "Motion passes; so,we will see this again." PUBLIC INPUT Mayor Lacey opened "Public Input". No one addressed the Mayor and City Commission. Mayor Lacey closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTEMBER 22,2014 PAGE 21 OF 21 Lastly, Mayor Lacey reminded everyone about the City's "Hometown Harvest" event scheduled for October 11, • 2014. Manager Smith mentioned that the Mayor and City Commission can expect their"Hometown Harvest"packets in their City mailboxes by October 6th, 2014. alpos ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 5:57 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES,MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the ,2014 City Commission Regular Meeting.