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HomeMy WebLinkAbout_2008 04 14 City Commission Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 14, 2008 CALL TO ORDER The Regular Meeting of Monday, April 14, 2008 of the City Commission was called to Order by Deputy Mayor Gilmore at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, arrived (first) via telephone at 6:24 p.m. Deputy Mayor Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, absent Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Under Agenda changes, Deputy Mayor Gilmore mentioned changes and said, "Item `506' which was a Resolution for the Seminole Economic Enhancement District - we are not going to be hearing that this evening." • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS ADDRESSED FIRST, AS DOCUMENTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 2 OF 23 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 506. Community Development Department Resolution 2008-22, The Seminole Economic Enhancement District Will Not Be Heard This Evening Due To Additional Public Hearing Requirements Detailed In Section 376.80 (2) (A) Of The Florida Statutes. One Public Hearing Will Be Held In Each Of The Three Designated Areas During The Next 30 To 60 Days. Each Of These Hearing Will Be Advertised. In Addition, The Date And Times Of These Hearings Will Be Announced At A Regularly Scheduled Meeting Of The City Commission Before The Actual Hearing Dates. The Public Hearing Before The City Commission To Approved Resolution 2008-22 Will Be Re-Advertised After The Public Hearing In Each Of The Three Designated Areas. Deputy Mayor Gilmore continued by saying, "It has been pulled due to an additional Public Hearing requirement detailed in Section 376.80 [(2) (A)] of the Florida Statutes. One (1) Public Hearing will be held in each of the three (3) designated areas during the next thirty (30) to sixty (60) days. Each of these Hearings will be advertised. In addition, the date and times of these Hearings will be announced at a regularly scheduled Meeting of the City Commission before the actual Hearing dates. The Public Hearing before the City Commission to approve Resolution 2008-22 will be re-advertised after the Public Hearing in each of the three (3) designated areas." • • AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED, IN THE ORDER DOCUMENTED. • • CONSENT AGENDA CONSENT 200. Utility Department Requesting Approval To Piggyback Off The Florida Sheriffs Association Bid Award 07-15-0827 For The Purchase Two (2) 45KW Generators. No discussion. CONSENT 201. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disnosition Sheets. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 3 OF 23 CONSENT 202. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into Contract Agreements For Landscape Maintenance And Chemical Services For Tuskawilla Road And The Oak Forest Wall And Beautification District. Brief discussion. CONSENT 203. Public Works Department Requesting Authorization To Hire Reynolds Inliner, LLC. To Perform Storm Sewer Line Rehabilitation By Piggybacking Off Orange County Project Number Y6-.1005- J2. This Agenda Item was not discussed. CONSENT 204. Utility Department Requesting Approval To Designate Shelley's Environmental Systems As A Sole Source For Hauling Liquid Domestic Wastewater Residuals. Brief discussion followed with Mr. Lockcuff. CONSENT 205. Public Works Department -Capital Projects Coordinator On Behalf Of The Police Department Requesting Approval To Terminate The Agreement Under The Hazard Mitigation Grant Program Funds From The Federal Emergency Management Agency (FEMA) Through The Florida Department Of Community Affairs (DCA). Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 4 OF 23 CONSENT 206. Parks And Recreation Department Requests The City Commission To Authorize The City Manager To Execute The 2008 Summer Camp Use Agreement Between The City Of Winter Springs And The Christian Church Of Winter Springs Providing The City Of Winter Springs With An Appropriate Venue To Offer Its 2008 Summer Camp Program At The Church Facilities Upon The Terms And Conditions Set Forth In The Proposed Agreement. Commissioner Sally McGinnis asked if there will still be Scholarships? Mr. Chuck Pula, Director, Parks and Recreation Department stated, "Yes". Further discussion. CONSENT 207. Office Of The City Clerk Requesting Approval Of The March 24, 2008 City Commission Regular Meeting Minutes. No discussion. CONSENT 208. Office Of The City Clerk Requesting Approval Of The April 4, 2008 City Commission Special Meeting Minutes. There was no discussion on this Agenda Item. `MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 5 OF 23 INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion INFORMATIONAL 101. Parks And Recreation Department And Community Development Department Wish To Inform The City Commission About The Leadership Seminole Class 16 Campaign For Boys Town Central Florida - Buy A Brick, Build A Walk Of Hope. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department and Mr. Pula spoke on this Agenda Item. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 6 OF 23 REPORTS 401. Office Of The City Manager -Ronald W. McLemore Mr. Lockcuff stated, "No Report". REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Three/Deputy Mayor -Donald A. Gilmore No Report. REPORTS 404. Commission Seat Four -Sally McGinnis Commissioner McGinnis complimented the Oviedo Voice on an article in last week's newspaper. REPORTS 405. Commission Seat Five -Joanne M. Krebs Commissioner Joanne M. Krebs mentioned a telephone call she received from a resident in the Georgetowne subdivision related to parking. Discussion followed with Captain Glenn Tolleson, Police Department. Commissioner McGinnis asked when the study will come back to the City Commission? Captain Tolleson stated, "It will be the last Meeting in November." Further discussion. Commissioner Krebs then read a statement related to suggestions for possible Budget changes. REPORTS 406. Office Of The Mayor -John F. Bush Absent. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APR[L 14, 2008 PAGE 7 OF 23 REPORTS 407. Commission Seat One -Robert S. Miller No Report. REPORTS 408. Commission Seat Two -Rick Brown Commissioner Rick Brown read a statement about Police Officer Mark Messeguer who passed away a few years ago. COMMISSIONER BROWN THEN STATED, "I KNOW THAT WE HAVE IN THE DEVELOPMENT PHASE - A NEARLY COMPLETE CUSTOMER RESOURCE AND CUSTOMER SERVICE AND COMMUNITY SERVICE CENTER ABOUT TO BE COMPLETED IN THE VISTAWILLA OFFICE COMPLEX; AND I WOULD LIKE TO MAKE AMOTION -COMMISSIONER GILMORE I KNOW YOU HAVE DONE A LOT OF WORK ON THAT AS WELL - ON THAT CENTER - I WOULD LIKE TO MAKE A MOTION THAT WE NAME THAT CENTER IN THE MEMORY AND HONOR OF OFFICER MESSEGUER AND IN HONOR OF HIS FAMILY WHO ARE STILL RESIDENTS HERE IN THE CITY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Brown asked about the Bear Creek replatting. Mr. Stevenson responded by saying, "I can find out for you and give you an update." Next, Commissioner Brown asked where the City buys their trees. Mr. Stevenson commented, "I can also get that information for you, I just want to make sure." Deputy Mayor Gilmore called a Recess at S: 50 p. m. The Regular Meeting was called back to Order by Deputy Mayor Gilmore at 6: 08 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 8 OF 23 PUBLIC INPUT Mr. Arnie Nussbaum, 687 Andover Circle, Winter Springs, Florida: spoke on the merits of the events held in the City of Winter Springs and the sense of community they provide. Mr. Bill Manooch, 1 SI S South Greenleaf Court, Winter Springs, Florida: as the President of the Babe Ruth organization, Mr. Manooch spoke on their program; the service it provides; and that they hoped the City would not increase Fees. Deputy Mayor Gilmore recognized former Mayor Paul P. Partyka. Tape 1/Side B Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: on behalf of the owners of the "1135" building, Mr. Partyka announced that the official Ribbon Cutting Ceremony for this building will be held on May 14`" [2008] from 4:00 p.m. to 7:00 p.m. Mr. Jeff McCall: commented on a FireFighter fund raising car wash event he was involved with on the 19th of April. Mr. Bill St. Amour, 645 Marlin Road, Winter Springs, Florida: commented on Agenda Item "508" and noted he was opposed to it. Mayor John F. Bush joined the Meeting via telephone speaker at 6:24 p. m. Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: spoke on Agenda Item "508"; referenced some of the Codes; and noted the Code Enforcement Board and Appeals. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager Requesting City Commission To Approve Resolution 2008-13 Which Provides For Initial Rates For The Fire Assessment Program In The City Of Winter Springs And Public Notices For The Final Rate Resolution Hearing On May 12, 2008. Mr. Kevin Smith, Director, General Services Department introduced this Agenda Item. Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. Mr. Bill Abbott, 1146 Winged Foot Circle West, Winter Springs, Florida: did not address the City Commission. Deputy Mayor Gilmore stated, "You are opposed." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 9 OF 23 Mr. Ed Dedelow, 622 Morgan Street, Winter Springs, Florida: commented on his concern with spending and asked for cuts in expenditures. Mayor Bush discontinued his telephone call at 6: 39 p. m. Mr. Bill St. Amour, 645 Marlin Road, Winter Springs, Florida: remarked about spending; and commended Commissioner Krebs and Commissioner Brown. Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: spoke on percentages; suggested the Budget be reviewed line by line; and suggested that an amendment be considered that if a Fire Assessment was imposed, it would be for only this fiscal year. Mr. Gary Bonney°, 1581 Warrington Street, Winter Springs, Florida: commented on the proposed Fire Assessment; due diligence; and noted the costs and attendance of recent events. Ms. Gina Burke, 1152 Winged Foot Circle West, Winter Springs, Florida: remarked about who voted for the Fire Assessment; voting; and advertising issues. Mr. Ron Pillerra, 882 Benchwood Drive, Winter Springs, Florida: commented about the most recent vote; opposition to the Fire Assessment; suggested a line by line review of the Budget; and suggested other ways be considered to make up for lost revenue. Ms. Patricia Fraza, 107 Briarwood Lane, Cocoa, Florida: representing the owners of Chatham Pines apartments on Red Bug Lake Road, Ms. Fraza commented on difficult times; low occupancy rates; and less taxes. Ms. Barbara Budz, 1020 Chatham Pines Circle, Winter Springs, Florida: did not address the City Commission. Deputy Mayor Gilmore remarked, "You are opposed." Brief discussion. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: asked if the Commission had considered all possible options; that business owners and home owners both be considered; and suggested the Budget be reviewed one more time. Ms. Mai°ia Fajado, 1034 Winding Waters Circle, Winter Springs, Florida: asked about Noticing this issue; and commented on Voting. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: remarked about Special Events in the City; past Votes; and an article in a local newspaper that was incorrect. Tape 2/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 10 OF 23 Ms. Stephanie Oubre, 1080 Cheyenne Trail, Winter Springs, Florida: on a personal note, Ms. Oubre spoke of hard times and unemployment; and on behalf of the Tuskawilla Trails Homeowner's Association, Ms. Oubre mentioned that the residents there cannot afford another Fee. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: commended Commissioner Krebs and Commissioner Brown for their past Vote; suggested a line by line Budget Review be done; and suggested some Special Events not be held this year. Mr. Mark Jones, 926 Chokecherry Court, Winter Springs, Florida: commented on recent Public Input; listening to residents; and Public Hearings. Deputy Mayor Gilmore recognized Mr. Laurent Pellerin as a former Ciry Commissioner. Mr. Laurent Pellerin, 116 South Moss Road, Winter Springs, Florida: spoke on the Budget; the Town Center; and suggested the Fire Department be funded out of Reserves. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke of an email to Governor Crist; suggested the Budget be further reviewed; and mentioned that she supports Fire and Police services. Ms. Elaine Waldman, 106 Moss Road, Winter Springs, Florida: Deputy Mayor Gilmore said, "Opposed." Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: commented on the Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee; the proposed Fire Assessment; and suggested Budget cuts be made where possible. Deputy Mayor Gilmore recognized former Commissioner Edward Martinez, Jr. Mr. Edward Mai°tinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke of City events and services; the proposed Fire Assessment; Millage Rates; and Referendums. Mr. Dennis Sandidge, 2525 Dark Oak Court, Oviedo, Florida: representing Seville on the Green, Mr. Sandidge commented on integrity; trust; and suggested a Budget Review. Ms. Frankie Elliott, 1330 Lee Road, Orlando, Florida: as the Vice President for Governmental Affairs for the Orlando Regional Realtors Association, Ms. Elliott spoke of tough times; and new unplanned Fees for businesses. Mr. Kent McMillin, 1038 Winding Waters Circle, Winter Springs, Florida: noted his concern with having Fire and Police services available; that such employees be paid fairly; and that spending is reviewed. Mr. McMillin also asked that when his water meter is read, that the top be put back on. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APR]L 14, 2008 PAGE 11 OF 23 Deputy Mayor Gilmore closed the "Public Input" portion of the Agenda Item. Commissioner Brown spoke of the PowerPoint presentation and stated, "Kevin (Smith), when he gave his initial speech -introduction, had a slide up there that said at some point, we may have to look at taking a certain percentage out of reserves and a certain percentage out of budget cuts. I would like to know what that number is." Discussion. Tape 2/Side B Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION 2008-13 TO GO FORWARD WITH NOTIFYING THE CITY OF THE PROCESS THAT IS GOING TO BEGIN AND THAT A SIDE ISSUE OF THAT WOULD BE THAT IT IS FOR ONE (1) YEAR AND THAT WE CALL FOR OPEN BUDGET HEARINGS WITH THE IDEA OF MAKING SIGNIFICANT CUTS WHEREVER POSSIBLE IN THE BUDGET; AND THAT WE MAKE THOSE ANNOUNCEMENTS PUBLICLY IN THE NEWSPAPERS, CITY MAGAZINE OR CITY NEWSLETTER; AND MAYBE CALL ON THAT NEWS CHANNEL THAT WE..." COMMISSIONER McGINNIS ADDED, "...PUBLIC TV..." COMMISSIONER MILLER ADDF,D, "...YES, TO MAKE ANNOUNCEMENTS ALSO." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR GILMORE STATED, "I WOULD LIKE TO OFFER AN AMENDMENT TO THE MOTION -FIRST, THAT WE DO CONTINUE WITH THE SEVENTY-FIVE PERCENT (75%) ALTERNATIVE RATE AND THAT THAT BE NOT ICED TO THE PEOPLE AND BROUGHT BACK AT THE MAY 12TH [2008] COMMISSION MEETING. SECOND, THAT UTILIZING THE SEVENTY-FIVE PERCENT (75%) RATE ALTERNATIVE, THE STAFF BRING BACK PROPOSALS WITH COMBINATIONS OF BUDGET CUTS AND RESERVES TO REDUCE THAT TWENTY-FIVI: PERCENT (25%) EVEN FURTHER. THIRD, THE COMMISSION FORGO SPENDING FOR ANY COMMUNITY OR TOWN CENTER EVENTS FOR WHICH THERE ARE NOT OFFSETTING DOLLAR FOR DOLLAR DONATIONS OR SPONSORSHIPS, INCLUDING THE FOURTH OF JULY CELEBRATION OF FREEDOM, WHICH WE HAVE ALL ENJOYED. SO, I SAY LET'S DO AWAY WITH THAT THIS YEAR. THAT WILL BE A REDUCTION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 12 OF 23 THE FOURTH THING IN MY AMENDMENT -THAT WE SUNSET THE FIRE ASSESSMENT PROGRAM AT THE END OF THE [20]'07/[20]'08 BUDGET AND REQUIRE THE COMMISSION TO RECONSIDER IT IF THAT IS THEIR CHOICE. SO I WANT TO SEE IT SUNSETED. AT THAT TIME, WE WILL EITHER COME BACK WITH THE FIRE ASSESSMENT FEE OR IT IS GOING TO AD VALOREM TAX." CONTINUING, DEPUTY MAYOR GILMORE ADDED, "FINALLY, IF POSSIBLE, PRIOR TO THE FINAL HEARING ON THIS MATTER WHICH AT THIS POINT WOULD BE MAY 12T", THE CITY SHOULD SEND OUT AN INFORMATION PIECE TO EVERY PROPERTY OWNER REGARDING THE FIRE ASSESSMENT FEE." DEPUTY MAYOR GILMORE THEN NOTED, "IF WE CAN, WE SHOULD PUT THIS INFORMATION WITH THE NOTICE THAT GOES OUT ADVISING PEOPLE ABOUT THIS ISSUE SIMILAR TO THE TRIM NOTICE YOU GET WITH YOUR TAXES AND IT SHOULD BE AN EASY UNDERSTANDABLE QUESTION AND ANSWER ISSUE. I THINK THIS WOULD BE WELL WORTH THE EXPENDITURE." AMENDMENT TO THE MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER K12EBS ASKED DEPUTY MAYOR GILMORE, "DID YOU JUST ASK FOR THE STAFF TO FIND SOMETHING IN THE BUDGET?" DEPUTY MAYOR GILMORE RESPONDED, "YES." DEPUTY MAYOR GILMORE NOTED, "THE QUESTION THAT IHAVE - I AM CONCERNED ABOUT IS THE WORD BUDGET REVIEW. WHAT DOES THAT MEAN? I SAY THE STAFF SHOULD GO THROUGH THE BUDGET, REVIEW IT AND COME BACK WITH SOME POTENTIAL CUTS. I AM NOT SAYING THE COMMISSION SHOULD REVIEW, NO, IF THAT IS WHAT YOU WANT, I HAVE NO PROBLEM WITH THAT." DEPUTY MAYOR GILMORE ADDED, "MY SUGGESTION IS THAT WE LOOK AT IT FROM THE STANDPOINT OF PROGRAMS AND BY THAT I MEAN, WE HAVE EVENTS, CENTRAL WINDS PARK, 'T'OWN CENTER. THAT IS A PROGRAM. THE STAFF CAN LOOK AT THAT AND SAY - WE CAN DO WITHOUT IT. ANOTHER PROGRAM POTENTIALLY, THE SPLASH PAD IN TROTWOOD PARK." DEPUTY MAYOR GILMORE FURTHER REMARKED, "I AM SAYING LET'S HAVE THEM DO THAT AND REPORT BACK TO US WITH ADDITIONAL SPENDINGS BY -MAY 12T" [2008]." FURTI-TER DISCUSSION. Mayor Bush joined the Meeting via telephone speaker at 8:20 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 13 OF 23 COMMISSIONER BROWN SPOKE FOR THE RECORD ON BUDGET CUTS AND A BUDGET REVIEW. VOTE: (ON THE AMENDMENT) DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: NAY MOTION CARRIED. Deputy Mayor Gilmore called a Recess at 8:22 p. m. Mayo~° Bush discontinued his telephone call at approximately 8:22 p. m. The Regular Meeting was called back to Order by Deputy Mayor Gilmore at 8:42 p. m. Tape 3/Side A PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing On The Evaluation And Appraisal Report [EAR] Of The Winter Springs' Comprehensive Plan And Adopt Resolution 2008-15. (Resolution 2008-15 Adopts The EAR [Evaluation And Appraisal Report] And Authorizes Transmittal Of The EAR [Evaluation And Appraisal Report] To The Florida Department Of Community Affairs [DCA] For A Review Of Its Sufficiency, Pursuant To The Requirements Of Chapter 163.3191, Florida Statutes.) Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Much discussion. Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE l4 OF 23 No one spoke. Deputy Mayor Gilmore closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION THAT WE ADOPT RESOLUTION 2008-15." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: NAY MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-03, Adopting A Small Scale FLUM [Future Land Use Map] Amendment Changing The Future Land Use Map Designation Of A 6.25 Acre Parcel, Located At 1379 SR [State Road] 434 (NE [Northeast] Corner Of SR [State Road] 434 And SR [State Road] 417), From (Seminole County) "Commercial" To (City Of Winter Springs) "GreeneWay Interchange District" With "Conservation Overlay" On Those Affected Areas. Attorney Garganese stated, "For First Reading, we need a Motion to read by `Title' only." "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom spoke on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APR[L 14, 2008 PAGE 15 OF 23 Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. Mr. Montje S. Plank, P.E., Senior Vice President, Central Florida Land Design Corporation, S00 North Maitland Avenue, Suite 110, Maitland, Florida: on behalf of the client, Mr. Plank said he supported this project. The "Pzrblic Input" portion of the Agenda Item was closed. "I WILL MAKE A MOTION THAT WE MOVE THIS TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC IIEARINGS 503. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-04 Which Rezones 6.25 Acres (More Or Less), Located At 1379 SR [State ]toad] 434 (NE [Northeast] Corner Of SR [State Road] 434 And SR [State Road] 417), From "A-1" Agricultural (Seminole County) To "GreeneWay Interchange District" (City Of Winter Springs). Deputy Mayor Gilmore asked for a Motion to read by "Title" only. "MOTION." SECONDED. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only and stated, "The effective date would be contingent upon Ordinance 2008-03 becoming effective." Ms. Sahlstrom spoke on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APR[L 14, 2008 PAGE 16 OF 23 Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. Mr. Montje S. Plank, P.E., Senior Vice President, Central Florida Land Design Corporation, S00 North Maitland Avenue, Suite 110, Maitland, Florida: briefly addressed the City Commission on this Agenda Item. The "Public Input" portion of the Agenda Item was closed. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS WHO ADDED, "TO MOVE TO A SECOND READING." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department -Planning Division Requests The City Commission Approve First Reading Of Ordinance Number 2008- 05, A Text Amendment To The Code Of Ordinances That Would Allow Detached Garages, Subject To Conditions. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE l7 OF 23 Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. Mr. G~°eg Velz, 612 Fisher Road, Winter Springs, Florida: spoke on wanting to build a garage to match his home. The "Public Input" portion of the Agenda Item was closed. Further discussion. Mr. Stevenson stated, "In Section 6-84. that we're amending, that does talk abut accessory structures, one of the areas that we are not amending -talks about - it says the City Commission must find that the proposed accessory building is compatible and harmonious with the principal structure and the surrounding land uses and structures. That is not -that is language in addition to the Compatibility Ordinance that does come up before you in a couple of months for a sunshine review. But this language is still in the Code and it will not be subject to that sunshine review - 6-84., Accessory Structures." Commissioner Robert S. Miller spoke of his concern with the language "Party houses." Commissioner Krebs added, "Take it out." Commissioner McGinnis stated, "Take it out." Commissioner Miller also noted, "Take it out." Mr. Stevenson remarked, "We're currently doing an Amendment to the Code - if it is the direction of this Commission to take it out, we will strike it out." Commissioner McGinnis stated, "Strike it out." Commissioner Krebs said, "Take it out." Commissioner Miller also noted, "I would like to take it out." Deputy Mayor Gilmore asked, "Do we have a Motion to move to Second Reading"? "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. COMMISSIONER MILLER ADDED, "...WITH THE DELETION OF `PARTY HOUSES'..." COMMISSIONER KREBS ADDED, "...RIGHT." DISCUSSION. MR. STEVENSON ASKED, "IS IT THE DIRECTION OF THIS COMMISSION TO REMOVE THE TERM, `PARTY HOUSES'?" COMMISSIONER MILLER NOTED, "YES." COMMISSIONER McGINNIS STATED, "CORRECT." COMMISSIONER MILLER THEN ADDED, "AND FROM OTHER ANCILLIARY DOCUMENTS THAT MIGHT NEED TO BE ADJUSTED ALSO." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 18 OF 23 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department Requests The City Commission Approve First Reading Of Ordinance Number 2008- 06, AText Amendment To The Code Of Ordinances That Would Modify The Existing Front Yard Fence Height Limitations Set Forth In Section 6-190. Of The City Code To Allow Fences Up To 4'-6" In Areas Of The City That Allow Horses, Ponies, And Commercial Riding Stables As Permitted Uses. Deputy Mayor Gilmore asked for a Motion to read by "Title" only. "MOTION." MOTION BY COMMISSIONER KREBS. Tape 3/Side Q SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Commissioner Brown left the dais at 9: 27 p. m. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE ROOM BEHIND THE DAIS) MOTION CARRIED. (VOICE VOTE AUDIBLE FROM THE Attorney Garganese read the Ordinance by "Title" only. Commissioner Brown returned to the dais at 9:29 p. m. Mr. Baker spoke on this Agenda Item and presented photographs during the discussion. Discussion. Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 19 OF 23 No one spoke. The "Public Input" portion of the Agenda Item was closed. "MO"TION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. COMMISSIONER McGINNIS ADDED, "MOVE TO SECOND [READING]." DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC' IIEARINGS 507. Office Of The City Attorney Requests That The City Commission Consider Adopting Ordinance 2008-08 On Second And Final Reading Authorizing The Lease Or Sale Of 154 Lori Anne Lane. Attorney Garganese read the Ordinance by "Title" only. Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 20 OF 23 PUBLIC HEARINGS 508. Office Of The City Attorney Requests That The City Commission Consider Adopting Ordinance 2008-07 On Second And Final Reading Which Adopts The 2006 International Property Maintenance Code As Amended. Attorney Garganese read the Ordinance by "Title" only. Continuing, Attorney Garganese stated, "There was an issue regarding an omission during First Reading and that was regarding a height of weeds; and on page 4 of 6 you will note that based on my conversation with Captain Tolleson, he recommended inserting ten inches (10") as the maximum height before someone would receive a Notice." Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: suggested that a cost perspective be considered up front; spoke of Codes in the City; and suggested it was too comprehensive. Mr. Bart Phillips, 212 Morton Lane, Winter Springs, Florida: asked if the weeds in the natural lands of the Ranchlands would have to be cut down? Mr. Mark Jones, 926 Chokecherry Court, Winter Springs, Florida: asked if the Commission was comfortable with the Ordinance. The "Public Input" portion of the Agenda Item was closed. With discussion on the actual Code document, Attorney Garganese stated, "We made it available; unfortunately I couldn't get the permission to actually copy it and put it on the City's Website. To my knowledge, I don't know if anybody has made a Public Records Request for copies of it?" Commissioner Brown then asked, "But if they do, would we violate the copyright laws if we do that too?" Attorney Garganese noted, "We would have to advise them that it is copyright protected. It's one of those grey areas in Florida Law - we might just have to make a copy of it. But - as a City Official, I didn't get permission to actually put it on the Website to make it available; and copy it and make it available. So, I got -ten (10), fifteen (15) copies of it and made it available throughout City Hall." Further discussion followed with Captain Tolleson. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 21 OF 23 Commissioner Miller then asked Attorney Garganese, "Is there a legal issue with adopting a Code which we cannot publicly photocopy and put out on the Internet and hand out to just anybody that wants it?" Attorney Garganese stated, "Anybody who wants it - I mean, we made it available for public inspection." Commissioner Miller noted, "I know -but people can come by and we can maintain a supply of these?" Attorney Garganese stated, "Right." Continuing, Commissioner Miller noted, "People are interested in what it says so, they come by City Hall and they pick up a copy? Correct? Well, if they want to photocopy it, that is their problem. But, we can hand out to anyone who is interested in what this Code says, they just come to City Hall and we give them a copy?" Attorney Garganese stated, "Right, or sell it for cost. We could order some of these." Next, Commissioner Miller added, "So, there is no legal issue with using a copyright document?" Attorney Garganese stated, "No, not at all." Discussion. ~~MOTION TO APPROVE -ITEM `508'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN: NAY MOTION CARRIED. "I MAKE A MOTION TO EXTEND THE MEETING FOR ONE (1) HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 22 OF 23 ADJOURNMENT Deputy Mayor Gilmore adjourned the Regular Meeting at 10:01 p.m. • • AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NOT DISCUSSED DURING THIS MEETING. • • PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 509. Community Development Department -Planning Division Requests The City Hold A Public Hearing For Revisions To The Aesthetic Review For Grandeville At Town Center, A Proposed 160 Unit Apartment Development Located On 4.78 Acres In The Town Center On The North Side Of SR (State Road), Just East Of The City Hall Building. REGULAR AGENDA REGULAK 600. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 60,104 SF (Square Foot) Retail And Office Development On 7.29 Acres, Located On The North Side Of SR (State Road) 434, At The Northwest Corner Of Its Intersection With Fountaintree Drive, Immediately Adjacent To And West Of Harbor Winds. REGULAR 601. Public Works Department Requesting Authorization To Piggyback Off A Florida Department Of Transportation Contract With The Middlesex Corporation For The Resurfacing And Reconstruction Of Winter Springs Boulevard From Arrowhead Court To The City Limits. REGLJL:~R 602. Community Development Department Providing The City Commission With A Brief Summary Of Information Regarding Green Buildings And LEED (Leadership in Energy and Environmental Design) Certification, As Previously Directed By The Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 14, 2008 PAGE 23 OF 23 REGULAR 603. Public Works Department Requesting Authorization To Piggyback Off A Florida Department Of Transportation Contract With The Middlesex Corporation For The Resurfacing And Reconstruction Of Various Citv Streets. RESPECTFULLY SUBMITTED: ~~ A REA LORENZO-LUACES, CMC C TY CLERK APPROVED: ~. /~~ MAYO JOHN I~. HUSH NOTE: These Minutes were approved at the April 28, 2008 Regular City Commission Meeting.