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HomeMy WebLinkAbout_2006 05 08 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MAY 8, 2006 CALL TO ORDER The Regular Meeting of Monday, May 8, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:30 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, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, absent Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Regarding Agenda Changes, Mayor Bush stated, "Weare going to take Regular Agenda Item '304' immediately after the 'Awards and Presentations'." And also, there is an additional recognition tonight that we will also do." PUBLIC INPUT Mr. Damon Chase, 1726 Seneca Boulevard, Winter Springs, Florida: spoke briefly on Regular Agenda Item "305" and a requested Permit. Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: read some comments for the Record related to the Black Hammock, Home Rule, and politics. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: mentioned he was still waiting for an answer from eight (8) weeks ago related to Capital Improvements. Mayor Bush said, "It is something the Manager will have to respond to." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 2 OF 26 Mr. Ligthart then referenced a document showing different Seminole County monthly Solid Waste Service Fees and asked for a response. Mayor Bush then suggested, "Put in writing your request and send it to the Manager." Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: asked the City Commission to postpone signing the Ordinance related to the Black Hammock and asked that Seminole County and the City of Oviedo also agree to not develop the Black Hammock. Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked the Fire Chief for fixing a fire plug; spoke of the ten (10) best Dog Parks; and asked for the City's help with a link on our Website related to an advertisement; and said they would be putting together a video and would like our support in getting it to SGTV (Seminole County Government TV). Mayor Bush said to City Manager Ronald W. McLemore, "Can - that link be put on our Website for this?" Manager McLemore remarked, "You should do this as a future Agenda Item." Manager McLemore then said to Mr. Rucci, "We are going to Agenda this next time to your next Meeting, to see your presentation." Mr. Rucci stated, "If I have it done by then, I will bring it down. But I will give you a call well in advance." Mayor Bush then said to Mr. Rucci, "Let Mr. McLemore know when you are ready." Mr. Rucci stated, "I will do that." Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke about expenses spent for the Tuscawilla Lighting and Beautification District and that the same should be done for the Town Center feasibility study. AWARDS AND PRESENTATIONS Mayor Bush presented a Certificate of Recognition to Mr. Anthony P. Columbo for graduating from University of Florida with outstanding grades. AWARDS AND PRESENT A nONS 100. Office Of The Mayor Presenting A Proclamation In Honor Of National Police Week and Emergency Medical Services Week. Mayor Bush then presented a Proclamation honoring our Law Enforcement and Emergency Medical Services personnel. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 3 OF 26 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 304. Office Of The City Manager Requesting The City Commission Hear A Progress Presentation From FDOT (Florida Department of Transportation) Regarding The State Road 434 U-Turn Study. Mr. Rick Morrow, District Traffic Operations Engineer, District Five, Florida Department of Transportation, 719 South Woodland Boulevard, Deland, Florida: addressed the City Commission on a roadway corridor study related to "State Road 434 from Talmo Street to east of Hayes Road, the area where the roadway has been recently re-paved and the - agreement with Seminole County including the installation of the raised median and the landscaped islands." Discussion. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2006-04 Which Shall Amend The Text Of Section 6-84. Of The City's Code Of Ordinances With Respect To Accessory Buildings. Specifically, The Text Amendment Provides For The Review Of All Accessory Buildings, Whether Or Not The Accessory Building Is Attached To The Principal Structure, To Determine Compatibility With The Principal Structure And The Surrounding Land Uses And Structures. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 4 OF 26 City Attorney Anthony A. Garganese read Ordinance 2006-04 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Damon Chase, 1726 Seneca Boulevard, Winter Springs, Florida: commented on the proposed wording and Deed Restrictions. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs Florida: spoke of Deed Restrictions expiring; and noted his appreciation for what the City is trying to do. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. Randy Stevenson, ASLA, Director, Community Development Department introduced this Agenda Item. Tape I/Side B Commissioner Robert S. Miller stated, "By the time we are done with this, it may be an item that we really ought to do a Workshop on. One of the things that concerns me is aesthetically - there are certain areas of the City where I don't think anyone is going to object to putting in - one of these - tool shed that you can buy." Commissioner Miller continued, "And yet, there are other areas of the City where I can see the neighbors coming in saying, we don/t want this here; and you are going to be stuck with this situation - well we allowed it in location 'x', so we have to allow it in location 'y', and I don't think that is something that we are really are in a position to address, with the way this is worded right now." Mayor Bush said, "I think Commissioner Miller does bring up a good point, especially about the utility buildings - there is no exception in here for them." Commissioner Donald A. Gilmore suggested, "If a person added a garage on now, that was detached from the house, according to this, 240 square feet would be the maximum and that would not be adequate for a single car or a two (2) car garage, so I think there must be something done to permit the addition of garages." Mr. Stevenson noted, "I have already made a note of that, you are exactly right." Deputy Mayor Michael S. Blake remarked, "I absolutely agree with the comments made by Commissioner Miller." Deputy Mayor Blake added, "We certainly need to take action to protect the residential character of our neighborhoods." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 5 OF 26 Furthermore, Deputy Mayor Blake stated, "It says no more than two (2) accessory buildings shall be allowed on any single lot. We probably need to talk about how many detached accessory buildings. Because I could certainly foresee a situation where somebody may make multiple improvements on to their primary residence which - could certainly conceivably have more than two (2) improvements and as this would read, would not be able to do that more than twice. That is a problem. Second story additions also, appear to be outlawed by this, if a building does not currently have a second story." Deputy Mayor Blake then added, "Accessory buildings which are attached to the principal structure shall be subject to the same height limitations as the principal structure." Furthermore, Deputy Mayor Blake stated, "We should discuss that." Mr. Stevenson explained, "We do need to tighten the language - the intent obviously was the height limitation imposed by the Zoning Code." Deputy Mayor Blake then said "Okay." Next, Deputy Mayor Blake remarked about the "Setbacks - rear yard setback at six feet (6'), I think there are probably some areas where that would create a conflict, not just for users, which is covered in a subsequent section, but specifically with CCR's (Covenants, Conditions and Restrictions) that may be enforced in a specific community. What is the overriding factor? I can see somebody coming in with an application and it is six feet (6') away from the rear yard property line, and that passes Code, but their CCR's (Covenants, Conditions and Restrictions) provide for ten feet (10') or fifteen feet (15') from the rear. We want to make sure that we are not creating the kind of problems that we are trying to eliminate. So we might need to tweak the language there somewhat." In discussing side yard setbacks, Deputy Mayor Blake stated, "I am not so sure that we want to have an overall blanket statement that says that whatever your existing principal structure is, that projection onto the street is your total buildable area, that that actually I think would probably be a taking for many properties which have the right to build out - to the current setbacks that exist. I myself would not like to see that happen." Deputy Mayor Blake added, "Primarily, I don't know ifit is a Workshop or ifit is taking another stab at it at the staff level and bringing it back, and then deciding if we need to have a Workshop on it." Commissioner Joanne M. Krebs remarked, "I agree with all the Commissioners and I would have to say that I would prefer a Workshop on this." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 6 OF 26 "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ORDINANCE 2006- 04 BACK TO STAFF FOR REVISIONS AS WE DISCUSSED THIS EVENING AND BRING IT BACK AT OUR NEXT - REGULARLY SCHEDULED MEETING WHICH IS - MAY 22ND." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. MAYOR BUSH SAID, "THIS WOULD BRING IT BACK AS A FIRST READING." DEPUTY MAYOR BLAKE STATED, "YES." COMMISSIONER MILLER SAID, "I AM HOPING YOU WILL BE ABLE TO GET MOST OF THESE QUESTIONS THAT I HAVE RAISED AND OTHERS HAVE RAISED HERE THIS EVENING SO WE HAVE A PRETTY FOOLPROOF DOCUMENT." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Discussion. Mayor Bush called a Recess at 7:42 p.m. Mayor Bush called the Meeting back to Order at 7:48 p.m. "I MAKE A MOTION WE TABLE THIS ITEM UNTIL LATER IN THE MEETING." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 7 OF 26 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS HEARD NEXT, FOLLOWED BY THE CONSENT AND INFORMATIONAL AGENDAS, AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 301. Office Of The City Manager, Office Of The City Attorney And Office Of The City Clerk Request That The City Commission Consider Approving Resolution 2006-25 Which Will Establish A Public Notice Policy For City Commission Meetings And Other City Sponsored Official Functions And Community Forums In Accordance With Law. Commissioner Miller suggested, "I would like to add some wording on page 2 of 4, at the top of the page, items (A), (B), (C), (D), (E), and (F) - I would like to insert a new (F), and then add the last item down to (G) - and (F) would state, 'local, state or national conferences and/or meetings which one (1) or more Commissioners might attend." Mayor Bush said to City Clerk Andrea Lorenzo-Luaces, "Do you post that?" City Clerk Lorenzo-Luaces responded, "If two (2) or more of you are going to be there," Commissioner Miller added, "It should be added in here anyway - it doesn't actually specify a Conference." With further discussion, City Clerk Lorenzo-Luaces was asked if more information could be included, to which City Clerk Lorenzo-Luaces remarked, "If there is an Agenda for that event, we will often put, 'See attached Agenda'." Mayor Bush added, "I think adding in here some place about the fact that if an Agenda exists - it should be published as well as the location of the Meeting. And then, Commissioner Miller's recommendation about Local, State or National Conferences." Commissioner Miller added, "We can put that under the last item there and have it read, 'Any other Meetings required by law, such as Local, State or National Conferences' ," Mayor Bush noted, "They are not really required by Law." Commissioner Miller then said, "That is why I wanted to make it a separate item." Mayor Bush added, "I think it should be separate." Furthermore, Mayor Bush explained, "Commissioner Miller's recommendation would become (F) and (G) then would be 'Any other meeting required by law'; and some place Andrea [Lorenzo-Luaces], you would add in there somewhere about posting the Agenda if available." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 8 OF 26 Commissioner Krebs said to Mayor Bush, "The posting of the Birthday Party, I in fact was one of the Commissioners who requested that it be posted - and I believe you actually mentioned to go ahead and post it." Next, Commissioner Gilmore commented that "Looking at Section 2., item (E) - I see the wording, and I don't believe that is the intent, it says, 'Meetings between the Mayor and one or more members of the City Commission', what that really says is that the Mayor is at those Meetings." Commissioner Gilmore added, "It is not just the Mayor attending with Commissioners, but I think it is two (2) Commissioners together." Commissioner Gilmore then said, "This word 'and' in there, I think that needs to be changed for the proper meaning, that it is the Mayor and Commissioners." Discussion. Mayor Bush stated, "Do we have a Motion to accept with the changes" - approval of Resolution 2006-25. MAYOR BUSH STATED, "MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Advertising Agreement Between The City Of Winter Springs And WKMG- TV (Channel 6) For July 4, 2006, Sponsors, Vendors, And Promotion. No discussion. CONSENT 401. Community Development Department Requests That The City Commission Approve A Minor Amendment To The Harbor Winds Final Subdivision Plat (Adding A 10' Wide Utility Easement Across The Front Of Each Lot) And Authorize Its Recordation. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 9 OF 26 CONSENT 402. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. This Agenda Item was not discussed. CONSENT 403. Community Development Department - Urban Beautification Services Division Requesting Authorization To Purchase (1) Ford F-150 Pickup Truck By Piggybacking Off Of Florida Sheriff's Association Bid Number 04-12-0823. No discussion. CONSENT 404. Office Of The City Manager Requesting the City Commission Authorize A Supplemental Appropriation In The Amount Of $25,000.00 To Fund Costs Associated With A Feasibility Study For The Creation Of An Assessment District In The Winter Springs Town Center. There was no discussion on this Agenda Item. CONSENT 405. Office Of The City Clerk Requesting Approval Of The April 24, 2006 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE CONSENT AGENDA MINUS ITEM '404'." MOTION BY COMMISSIONER KREBS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 10 OF 26 INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. There was no discussion on this Agenda Item. INFORMATIONAL 501. Fire Department Requests That The City Commission Review The Results Of The City Of Winter Springs Employee Blood Drive. No discussion. INFORMATIONAL 502. Police Department - Code Enforcement Bureau Providing Information To The City Commission Concerning On-Street Parking Issues Within Heritage Park. This Agenda Item was not discussed. INFORMATIONAL 503. Office Of The City Manager Wishes To Update The City Commission On The Fund Balance Of The Revolving Rehabilitation Fund After The Sale Of The Final Wyman Fields Unit Located At 123 Kristi Ann Court. There was no discussion on this Agenda Item. "MOVE TO APPROVE INFORMATIONAL [AGENDA)." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 11 OF 26 .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS HEARD NEXT, AS DOCUMENTED. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2006-04 Which Shall Amend The Text Of Section 6-84. Of The City's Code Of Ordinances With Respect To Accessory Buildings. Specifically, The Text Amendment Provides For The Review Of All Accessory Buildings, Whether Or Not The Accessory Building Is Attached To The Principal Structure, To Determine Compatibility With The Principal Structure And The Surrounding Land Uses And Structures. Mayor Bush asked for a Motion to take Public Hearings Agenda Item "200" off of the Table. "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese stated, "That is my recommendation that the Commission formally adopt some interim stop-gap measure while you comprehensively look at this so you don't bring the permit process to a grinding halt." Commissioner Miller stated, "I have no objection to that, I would like to put a Date Certain on it though. Can that be brought forward in two (2) weeks?" Attorney Garganese remarked, "Yes." Attorney Garganese further explained that "We don't have any new guidelines until the Commission adopts the emergency Ordinance and during this two week time period, all Applicants are on Notice like they have been for the last several weeks that the Commission is in the process of adopting new regulations that will - could apply to their permit application as submitted." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 12 OF 26 Tape 2/Side A "WE PUT THIS ORDINANCE ON HOLD, AND TWO (2) WEEKS FROM THAT WE HAVE AN EMERGENCY ORDINANCE AT THE NEXT SCHEDULED MEETING - AND THE APPLICATION BE PLACED ON HOLD UNTIL MONDAY, TWO (2) WEEKS FROM TONIGHT - AND ADVERTISE THE NOTICE IF IT IS REQUIRED." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY COMMISSION OF WINTER SPRINGS FINDS THERE TO BE AN EMERGENCY SITUATION IN OUR BUILDING CODES AND THEREFORE ACT TO ADOPT ON AN EMERGENCY BASIS AT THIS SINGLE MEETING A NEW ORDINANCE THAT WOULD INCORPORATE THE LANGUAGE THAT THE ATTORNEY HAS PRINTED BEFORE HIM; WITH FURTHER INSTRUCTIONS OF STAFF TO BRING BACK A REVISION - OF PROPOSED ORDINANCE 2006-04 FOR FINAL LANGUAGE THAT WOULD REPLACE THIS EMERGENCY ORDINANCE INCOPORATED INTO THE CITY'S LAND DEVELOPMENT CODE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "305" WAS DIVIDED INTO REGULAR "305 A." AND "305 B.", WHICH ARE BEING DOCUMENTED IN THE FOLLOWING ORDER. .:..:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 13 OF 26 REGULAR AGENDA REGULAR 305 B. Community Development Department REVISED Requests The City Commission Consider Releasing Two Building Permits For Additions To Residential Structures Within The Tuscawilla PUD (Planned Unit Development) Upon Approval Of These Permits By The Building Department. Release Of These permits Is Being Requested Before Finalization Of The Text Amendment Facilitating Review Of These Additions For Neighborhood Compatibility Issues. Mr. Damon Chase, 1726 Seneca Boulevard, Winter Springs, Florida: addressed the City Commission on this Application. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM '305 B'." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 305 A. Community Development Department REVISED Requests The City Commission Consider Releasing Two Building Permits For Additions To Residential Structures Within The Tuscawilla PUD (Planned Unit Development) Upon Approval Of These Permits By The Building Department. Release Of These permits Is Being Requested Before Finalization Of The Text Amendment Facilitating Review Of These Additions For Neighborhood Compatibility Issues. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 14 OF 26 "MOVE FOR APPROVAL '305 A'." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 201. Office Of The City Attorney Requests That The City Commission Adopt On Second Reading Ordinance 2006-03 Providing Standards And Criteria For Limiting Residential Densities Of Future Development Projects Within The City Of Winter Springs. Attorney Garganese read Ordinance 2006-03 by "Title" and stated, "This is Second Reading." Attorney Garganese added, "We are requesting that this Item be brought back to you for Third and Final Reading because the - legal advertisement that was published in the newspaper - did not meet the ten (10) day requirement." 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. "I WOULD LIKE TO MAKE A MOTION WE MOVE ORDINANCE 2006-03 TO THIRD AND FINAL ADOPTION HEARING ON MAY 22ND." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 15 OF 26 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Office Of The City Attorney Requests That The City Commission Adopt On Second Reading Ordinance 2006-02 Which Shall Prohibit The Annexation, Either Voluntarily Or Involuntarily, Of Any Real Property That Is Located East Of An Imaginary Straight Line Which Commences On The Southern Boundary Of The Shores Of Lake Jessup And Runs Southward Along The Eastern Most Boundary Of The Deleon Street Right-Of-Way And Which Terminates On The Northern Most Boundary Of The City Of Oviedo. Attorney Garganese read Ordinance 2006-02 by "Title." and stated, "This also is Second Reading of this Ordinance and because the legal advertisement did not get published in the newspaper ten (10) days prior to this Meeting this evening. This Ordinance will have to come back to you for Third and Final Reading at your next Meeting." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Jim Logue, 3205 Elm Street, Oviedo, Florida: representing the Black Hammock Association, Mr. Logue thanked the City Commission for their actions and asked if we could have the City of Oviedo follow suit. Mayor Bush stated, "We do plan to bring this up at our Joint Meeting with the Oviedo Council. " Mr. Robert King, 2211 Black Hammock, Oviedo, Florida: noted that what the City Commission did was "significant" and spoke of development in the area. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Krebs said regarding Lake Jesup, "In this Ordinance, it has two (2) s's, so we might want to try and make it one - to make it right." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 16 OF 26 "I WOULD LIKE TO MAKE A RECOMMENDATION TO A CHANGE IN THE ORDINANCE AS PRESENTED. ONE THING WE DISCUSSED UP FRONT WHEN WE WERE WITH THE COUNTY IS THE INCLUSION - THE LANGUAGE IN THE ORDINANCE INTO OUR COMPREHENSIVE PLAN; AND THAT IS SOMETHING THAT SHOULD BE PART OF THIS ORDINANCE AS WELL. SO I WOULD LIKE TO ASK THE ATTORNEY TO ADD THE APPROPRIATE LANGUAGE INTO THIS ORDINANCE THAT ADOPTS OR REQUIRES THE ADOPTION OF THIS LANGUAGE INTO OUR GOALS AND OBJECTIVES IN OUR COMPREHENSIVE LAND USE PLAN AT THE NEXT TEXT AMENDMENT CYCLE THE CITY WILL HAVE, AND THAT THAT WILL COME BACK THAT WAY FOR THE THIRD READING AND THE ADOPTION HEARING." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. "I WOULD LIKE TO AMEND THAT MOTION TO SAY WE WILL PUT IT IN OUR COMPREHENSIVE PLAN IN SIXTY (60) DAYS." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. ATTORNEY GARGANESE SAID, "JUST FOR CLARIFICATION, COMMISSIONER BLAKE'S RECOMMENDATION IS - REALLY A DIRECTIVE TO PUT IT IN THE NEXT COMPREHENSIVE PLANNING CYCLE WHICH IS NOT UNTIL AUGUST ANYWAY. THE EARLIEST THE CITY COMMISSION COULD ACT ON IT FOR TRANS MITT AL WOULD BE IN NOVEMBER OF THIS YEAR AND FINAL ADOPTION WOULD BE IN JANUARY - OF 2007." COMMISSIONER KREBS ADDED, "I JUST WANT TO CLARIFY THE SPELLING OF JESUP WOULD BE CHANGED ALSO." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 170F26 PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The City Commission Remove From The Table And Hold A Public Hearing For The Aesthetic Review Of Sonoma Pointe, A 424-Unit Engle Homes Townhouse Development To Be Located In The Town Center On The 40 Acres Immediately South Of St. John's Landing On The East Side Of Tuskawilla Road. Mayor Bush asked, "Do we have a Motion to remove from the Table." "MOTION." MAYOR BUSH STATED, "MOTION BY DEPUTY MAYOR BLAKE." SECONDED BY COMMISSIONER KREBS. DISCUSSION. Tape 2/Side B VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Manager McLemore stated, "I would like to recommend this matter be delayed until the next Meeting - subject to negotiations that 1 want to continue with these people over some issues about aesthetics that 1 think we could accomplish by the next Meeting that would improve the project." Discussion. "MOVE IT TO THE NEXT MEETING." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH STATED, "AND PRESERVE ADVERTISING." SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Due to technical difficulties, the next audiotape was used. Tape 3/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 18 OF 26 REGULAR AGENDA REGULAR 300. Not Used. Manager McLemore left the Commission Chambers at 9:04 p.m. REGULAR 302. Office Of The City Manager Advising The City Commission Of The Status Of The City's Efforts Regarding Evaluation Of The Operations Of The City's Utility Billing Department. Mr. Kevin Smith, Director, General Services Department spoke on this Agenda Item. With discussion, Ms. Michelle Greco, Director, Finance Department addressed payments anci on-line access. Discussion followed on billing cycles with Ms. Greco. Manager McLemore said to Ms. Greco, "We will talk about it." Manager McLemore then said to the City Commission, "You made a point and we'll certainly look at that as some of the things we can do." Further discussion. "I MAKE A MOTION WE APPROVE ITEM '302'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 19 OF 26 REGULAR 303. Community Development Department - Planning Division Requests The City Commission Formally Receive The Small Area Study Relating To Possible Annexation Of Soldier's Creek Park And The Surrounding Area. Mr. Stevenson commented on issues related to this Agenda Item. Ms. Tracy Crowe, Principal, Land Design Innovations Incorporated, 140 North Orlando Avenue, Suite 295, Winter Park, Florida: addressed the Commission regarding this Agenda Item. Discussion. Tape 3/Side B Mayor Bush stated, "Does the Commission wish to pursue any other course of action or just as Commissioner Miller said, accept the Report?" Commissioner Krebs remarked, "Accept the Report." No objections were voiced. Mayor Bush noted, "I think we have Consensus that we will accept the Report and take no further action." Commissioner Gilmore then said, "The opening of the Report, where you refer to this drawing, and it is all based on colors and we've got black and white issues, and I had to go back into the back to find out what it was all about." "I MAKE A MOTION WE APPROVE ITEM '302'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM, WHICH WAS FORMERLY LISTED ON THE AGENDA AS CONSENT AGENDA ITEM "404", WAS HEARD NEXT, AS IT HAD BEEN MOVED TO THE END OF THE AGENDA. .:..:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 20 OF 26 (FORMERLY LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "404") Office Of The City Manager Requesting the City Commission Authorize A Supplemental Appropriation In The Amount Of $25,000.00 To Fund Costs Associated With A Feasibility Study For The Creation Of An Assessment District In The Winter Springs Town Center. Discussion ensued on whether a different Vendor could be used. Commissioner Gilmore said, "What I would like to see in here, that if this Assessment District is formed, that the City will get back the money that was fronted - that is what was done with the TLBD (Tuscawilla Lighting and Beautification District) and I think should be done with this one also." Commissioner Krebs added, "And Oak Forest too." Further discussion. Commissioner Krebs asked, "Who is Camille Tharp?" Commissioner Krebs further said to Manager McLemore, "Does she have a Title? She should use it." "I MAKE A MOTION WE APPROVE ITEM '404'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Mayor Bush stated, "Weare going to take a break in the future before Informational to sign documents." Mayor Bush added, "In the future, we will be taking a break - before Informational. " Mayor Bush called a Recess at 1 0: 20 p. m. Mayor Bush called the Meeting back to Order at 10:35 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 21 OF 26 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED AGAIN, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 301. Office Of The City Manager, Office Of The City Attorney And Office Of The City Clerk Request That The City Commission Consider Approving Resolution 2006-25 Which Will Establish A Public Notice Policy For City Commission Meetings And Other City Sponsored Official Functions And Community Forums In Accordance With Law. "MOTION TO RECONSIDER ITEM '301' FOR ADDITIONAL INFORMATION." MOTION BY COMMISSIONER KREBS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese stated, "On page 2 of 4 of Resolution 2006-25, Section 2. (E), it should read, 'Meetings between the Mayor and one or more members of the City Commission or meetings between one or more members of the City Commission to discuss some matter which could foreseeably come before the city commission for action' ." "MOTION TO ADD THE ADDITIONAL LANGUAGE THAT ANTHONY [GARGANESE] JUST SPOKE OF IN ITEM - '301' - SUBPARAGRAPH 2. (E)" OF RESOLUTION 2006-25. MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 22 OF 26 REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "We have now by written agreement of FDOT (Florida Department of Transportation) approval of our [State Road] 434 Access Plan." Tape 4/Side A Secondly, Manager McLemore spoke of potential litigation with Waste Services. Discussion. "I MAKE A MOTION THAT WE TAKE OUR ATTORNEY'S ADVICE AND NOT PROCEED WITH ANY FURTHER LITIGATION WITH WASTE SERVICES' PREVIOUS CONTRACT." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY MAYOR BUSH: AYE MOTION CARRIED. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces mentioned the Budget Workshop tomorrow evening, and the upcoming Advisory Board and Committee Appreciation Dinner scheduled for Friday, May 12, 2006. Brief discussion followed on other Meetings being held this week. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 23 OF 26 REPORTS 603. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore mentioned he was concerned about comments made at tonight's Meeting during "Public Input" related to the Lawsuit with Seminole County and stated, "They keep bringing up the issue that this lawsuit evolved over the Black Hammock when in reality, an awful lot of that lawsuit revolves around the County trying to regulate Zoning in enclaves within the City. Now I think we need to get that out to the public so they understand the whole issue." Commissioner Miller suggested that Commissioner Gilmore talk to Sandra Pedicini with the Orlando Sentinel. Mayor Bush said, "I think Commissioner Gilmore has a point about the fact our lawsuit is really about Home Rule, it is not about the Black Hammock, and the only thing I know that we could possibly do is if the Commission thinks it is appropriate and necessary is to send a letter out to our citizens explaining what we are talking about." Commissioner Krebs suggested, "If you do that, I really think that you need to explain it in layman's terms so that people can understand it." With discussion, Mayor Bush stated, "I have confidence that between Mr. McLemore and Anthony [Garganese] - that a letter could be written - if the Commission wants it done." Commissioner Krebs stated, "I am in favor of communication - I really am. Communication I think, is really, really important." Deputy Mayor Blake said, "Yes." Commissioner Miller remarked, "Yes, but I would like to say to the Attorney to really put his thinking hat on, and include examples." Commissioner Miller suggested, "Things that could happen in areas like in Tuscawilla." Commissioner Krebs added, "The Highlands too." Mayor Bush commented that, "I think between Anthony [Garganese] and Ron [McLemore], I think that is very doable. Wouldn't you say Mr. McLemore?" Manager McLemore stated, "Very." Mayor Bush added, "We will proceed with that and we will bring it back to you at some point, and we will decide how to distribute it." REPORTS 604. Commission Seat Four - Sally McGinnis Absent. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 24 OF 26 REPORTS 605. Commission Seat Five - Joanne M. Krebs Commissioner Krebs stated, "I received in my mailbox, the student count that you had put in there, and I find that interesting - what I would like to know though in Heritage Park - it is a total of forty (40), but what is the occupancy of Heritage Park at this point?" Brief discussion. Mayor Bush noted that Winter Springs Elementary School was not at capacity level. Commissioner Krebs spoke of a letter from Banc of America Strategic Solutions, [Inc.]. Manager McLemore stated regarding this letter, "We are pursuing that as quickly as we can - the one about the reclaimed water." Mayor Bush added, "I think the Manager needs time to look at this and get back to with the answers to those questions." Manager McLemore added, "I actually have drafted a response, but it - is in draft form." REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush asked, "Where are we on WiFi?" Manager McLemore stated, "Joanne [Dalka] is bringing you a Report, I believe at your next Commission Meeting." Mayor Bush spoke of Mr. Ligthart's comments from earlier in the Meeting and stated, "One of the things that - he doesn't have in his chart there which I mentioned to him was the fact, when were those Contracts initiated?" Manager McLemore stated, "It's all right here." Mayor Bush added, "I think, yes, we need to let him know that." Lastly, Mayor Bush spoke of calling the Meeting back earlier this evening and noted, "If an item needs to be discussed at length, I think asking it to be pulled aside on the Agenda would be the way to do it, so we could move on with things." REPORTS 607. Commission Seat One - Robert S. Miller Commissioner Miller remarked, "I just would like to ask all the Commissioners to think seriously about what an Aesthetic Review is. If each of us has ideas that we think would really make something better, I think we really ought to push for those items and not just kind of say, 'Oh Okay'." Commissioner Miller suggested, "Stick with it and don't just give up." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 25 OF 26 Commissioner Miller commented on the Eckerd's store near [State Road] 419 and stated, "I would like the Commission to think about possibly a Winter Springs Library at the site where the Eckerd's store is right now." Commissioner Miller then explained, "I would like a Consensus that maybe the Staff maybe ought to take a look at the possibility. " Commissioner Krebs suggested, "Before we even pursue - or spend the time to even look at the possible uses, we should see if it is for sale and how much it costs." Then, Commissioner Krebs added, "Then look at the possible uses, not necessarily a Library, maybe there are other uses also. " With discussion, Mayor Bush asked, "Is the Commission in agreement then to give Mr. McLemore a month?" Commissioner Gilmore suggested that we "Turn this over to a Consultant who is experienced in determining what a Library requires as far as a building and land and then going down there and finding out what is available, what is on that site and what is available around it and then get back to Ron McLemore on it, but I don i think it is a job for the City Staff." With further discussion, Manager McLemore said, "I will develop an outline for you." Mayor Bush in conclusion said to Manager McLemore, "You have Consensus on that I believe." Discussion ensued on the McDonald's location in the City and the Town Center. Lastly, Commissioner Miller explained that "When you get off Trail Bridge, coming across [State Road] 434 over here, there is a Trail that hooks up with the Town Center extension coming off where the fountains are, and I would like somebody from Staff to go out there." Commissioner Miller explained that three (3) or four (4) trees have fallen down and this needs to be taken care of. Mayor Bush inquired, "Why won't the County go ahead and take care of this?" Mayor Bush said to Manager McLemore, "We need to take care of that." REPORTS 608. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake said to Manager McLemore, "What is our status currently with the re-write of the Pension Plan?" Deputy Mayor Blake then inquired, "Currently there is no provision for disability - is that an employer paid benefit or is that optional - long term disability?" Manager McLemore stated, "I am going to check on long-term." Deputy Mayor Blake added, "I believe the short term was optional." Deputy Mayor Blake added, "I need to get with - Kevin [Smith] - and go over those kind of things, specifically regarding the long term disability piece, the Early Retirement actuarial reduction values and the survivor and disability benefits if any, in the Pension Plan." Manager McLemore stated, "Okay." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 11 :30 p.m. RESPECTFULLY SUBMITTED: A LORENZO-LUACES, CMC TV CLERK ! ! APPROV1ID: . / '.~....'.'~' -^~ ~ ~ ..." ~ 'C' NOTE: These Minutes were approved at the May 22, 2006 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 8, 2006 PAGE 26 OF 26