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HomeMy WebLinkAbout_2007 12 10 City Commission Regular Minutes 4 , CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING DECEMBER 10, 2007 CALL TO ORDER The Regular Meeting of Monday, December 10, 2007 of the City Commission was called to Order by Mayor John F. Bush 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, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, arrived via telephone at 5: 15 p.m. Commissioner Rick Brown, absent Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5: 17 p.m. City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. This Agenda Item was not discussed. INFORMATIONAL 101. Not Used. . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 200? PAGE 2 OF 26 INFORMATIONAL 102. Public Works Department - Stormwater Division Advising The City Commission On A Recent Upgrade Of The City's Community Class Rating Under The National Flood Insurance Program's Community Rating System. There was no discussion on this Agenda Item. City Manager Ronald W McLemore arrived at 5: 17 p.m. "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The November 26, 2007 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. CONSENT 201. Office Of The City Clerk Approval Of The November 29, 2007 Emergency Special City Commission Meeting Minutes. No discussion. CONSENT 202. Public Works Department Requesting Authorization For BDR (Beck Disaster Recovery, Inc.) To Prepare A FEMA 325 Complaint Disaster Debris Management Plan. There was no discussion on this Agenda Item. , CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 3 OF 26 CONSENT 203. Community Development Department - Urban Beautification Services Division Requesting Authorization For The City Manager To Execute (2) Two Wall Easement Agreements Necessary For Construction Of A Wall Extension For The Oak Forest Wall And Beautification District. This Agenda Item was not discussed. CONSENT 204. Police Department Requests The Commission To Approve The Expenditure Of Budgeted Funds From The 2007-2008 Fiscal Year Budget. The Requested Amount Will Be Used To Provide Wireless Air Card Service For The Police Departments Laptop Computers. No discussion. CONSENT 205. Office Of The City Clerk Approval Of The December 5, 2007 Special City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 206. Office Of The City Clerk Approval Of The December 6, 2007 Emergency Special City Commission Meeting Minutes. This Agenda Item was not discussed. CONSENT 207. Community Development Department - Urban Beautification Services Division ADD ON Requesting Permission From The City Commission For The City Manager To Enter Into A Contract With J. Raymond Construction For The Construction Of Sidewalk Improvements In Front Of Building 4 In The Town Center At A Cost Of $73,552.00. Brief discussion ensued with Manager McLemore. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 4 OF 26 "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. With assistance from the City Commission, Mayor Bush and Manager McLemore presented Employee Recognition A wards to the following Employees who were in attendance: 5 Years Of Service: Mr, Thomas Padgett, Police Department. 10 Years Of Service: Mr. Darrell Brewer, Police Department; Mr. Brad Dula, Fire Department. and Mr, David Smith, Police Department. 15 Years Of Service: Mr. JeflMcCall, Fire Department; and Mr, James Reilley, Fire Department. 20 Years Of Service: Ms. Joanne Dalka, Information Serviccs Department; Mr. Robert Cable, Policc Departmcnt; Mr, Forrest Askcw, Utility Dcpartment; and Mr, Pcte Wiggins, Public Works Department. , CITY OF WINTER SPRINGS, FLORIDA M IN UTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 5 OF 26 25 Years Of Service: Mr. Bob Beck, Fire Department. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Two - Rick Brown Absent. REPORTS 404. Commission Seat Three - Donald A. Gilmore Commissioner Donald A. Gilmore spoke on the Holiday Pops Concert and stated, "The wonderful job that the City Staff did." Commissioner Gilmore added, "It was truly a wonderful event for the citizens of Winter Springs." Commissioner Gilmore then said, "Personally, I want to congratulate everybody that had a hand in it." REPORTS 405. Commission Seat Four/Deputy Mayor - Sally McGinnis Deputy Mayor Sally McGinnis mentioned that the pergola near the Bank needs attention due to mold and rust. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 6 OF 26 Next, Deputy Mayor McGinnis wished everyone a Happy New Year. REPORTS 406. Commission Seat Five - Joanne M. Krebs "I WOULD LIKE TO APPOINT CHARLES LACEY" TO THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Commissioner Joanne M. Krebs then asked how it was going with Bart Phillips regarding the Trail issue. With brief discussion on revised plans, Manager McLemore stated, "We would hope in January we would get this back to you for at least the first cut at - what you may want to do." REPORTS 407. Office Of The Mayor-John F. Bush Mayor Bush mentioned that SeminoleWay would be discussed tomorrow at the Seminole County Commission Meeting. Secondly, Mayor Bush remarked about the successful Holiday Pops Concert and suggested we get the attendance numbers up. Thirdly, Mayor Bush noted that the sidewalks were breaking up on Trotwood Boulevard in front of the Water Treatment Plant. Next, Mayor Bush asked when the approval for the Grill at the Tuscawilla Country Club would be ready? Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "I will have someone get back with you tomorrow." Lastly, Mayor Bush mentioned a possible applicant (Mr. Ben Hill) to serve on a City Board and that he had been sent an Application. Discussion followed on the SeminoleWay project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 7 OF 26 REPORTS 408. Commission Seat One - Robert S. Miller No Report. PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Drive, Winter Springs, Florida: gave a letter for the Record to the City to be distributed to the City Commission. Mr. Darryl Thomas, 104 Windsor Crescent Street, Winter Springs, Florida: commented on issues related to parking in his subdivision of Parkstone and neighbors calling in to report parked cars. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: thanked Commissioner Krebs and the City Commission for the Appointment to the Planning and Zoning Board/Local Planning Agency; and commented on working with the City on upcoming dates involving the Oviedo-Winter Springs Chamber of Commerce. Mr. Lacey asked who his point of contact should be? Mayor Bush said the City Manager and to "cc: the Clerk - and the Mayor." Discussion followed on upcoming events. On the proposed Arts Festival, Commissioner Krebs asked if Manager McLemore could send a letter on what procedures should be followed. Manager McLemore stated, "I would be more than happy to do that." Ms. Vanessa McCartney, 896 Benchwood Drive, Winter Springs, Florida: commented on the on-street parking issue and noted that she did not think permission was needed. Mr. Bob Rucci, 973 Turkey Hollow Circle. Winter Springs. Florida: wished the City Commission Happy Holidays and gave a document to the City related to events which could possibly off-set the costs of the Dog Park. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 8 OF 26 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division At The Request Of Engineered Homes Of Central Florida And Keewin Real Property Company Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2007-25, Which Changes The Zoning Designation Of Four Parcels Associated With The Winter Place Development And Which Equal 9.862 Acres More Or Less, Located At Florida Avenue And Lake Lucerne Circle From (Winter Springs) "C-2 (General Commercial)" To (Winter Springs) "PUD (Planned Unit Development)". The Approval Of This Request Will Result In All Of The Keewin Parcels Having A PUD (Planned Unit Development) Designation, As Needed To Move The Winter Place Development Forward. (Approval Of The Concept Plan For Winter Place Was Granted By The City Commission On July 23, 2007.J City Attorney Anthony A. Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion o.lthe Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion o.f the Agenda Item. "MOTION TO APPROVE" ORDINANCE 2007-25. MOTION BY DEPUTY MA YOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Manager And Office Of The City Attorney Present Ordinance Number 2007-29 For Second Reading And Final Adoption. Said Ordinance Amends Chapter 20, Article IV, Division 2, Part A Planned Unit Development To Modify The Definition Of Gross Residential Acre And Authorize The City Commission To Approve Mixed Residential PUDs (Planned Unit Developments ). Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 9 OF 26 Discussion. Tape I/Side B Further discussion. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department addressed the City Commission on density. Discussion ensued on a garden apartment definition. Mayor Bush summarized that "The Comp[ rehensive] Plan right now says that our Density is based on gross acres..." Mr. Stevenson stated, "...Correct..." Mayor Bush continued, ".., So, Developers who are coming to us now are looking at our Comp[rehensive] Plan and that is how they are filing their Applications." Next, Commissioner Gilmore asked about height - to which Mr. Stevenson said, "I can find out for you." Mayor Bush opened the "Public Input" portion o./the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion o/the Agenda Item. "I WILL MAKE A MOTION THAT WE APPROVE ORDINANCE 2007-29 AS PRESENTED, WITHOUT EXCLUDING WETLANDS FROM GROSS ACRES." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: NAY MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE IOOF26 PUBLIC HEARINGS 502. Community Development Department - Planning Division Requests The Commission Consider A PUD (Planned Unit Development) Master Plan, Preliminary Development Plan, And Preliminary Engineering/Subdivision Plan For A 338 Unit Development On Approximately 47.09 Acres, Located On The South Side Of Shepard Road, North Of Florida Avenue, East Of Boat Lake, And Immediately Adjacent To The West Side Of The Wildwood Residential PUD (Planned Unit Development). Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Mr. David Evans, Evans Engineering, 719 Irma Avenue, Orlando, Florida: addressed the City Commission on this project and stated, "The reason for the wall being there is not to create anything different than what we originally proposed based on the buffer to the Industrial area; but it's to create a little more space so we could have a walkway through there." Continuing, Mr. Evans noted, "It is not a stark eleven foot (11') wall, barren. We expect that to be a - treated wall. We were thinking about using the same type of wall as barrier walls they use on the side of the expressways. Those are pre-cast slabs that are inserted into pylons. They're decorative, they have a texture to them. They're not painted so you don't have to maintain them. They have their own color concrete." Furthermore, Mr. Evans explained, "It's a wall that will work effectively on that side; buffer the Industrial area; but then also give us that walkway, pathway on our side of the wall as well, with landscaping." Commissioner Krebs noted, "There was a mention about affordable homes. How are you going to do that?" Mr. Evans responded by saying, "The key word here is attainable." Furthermore, Mr. Evans remarked, "This product itself lends itself to attainability or affordability based on the fact that some of the units are smaller and some of the units are larger. " Further discussion. Tape 2/Side A Discussion followed on the proposed wall. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE II OF 26 Mr. Evans suggested, "In the areas where we have width, why don't we - soften the wall with some berm, here - in this area here, and work with Staff to come up with a plan that gives you some elevation differences through the wall in the areas where it's narrow, you will have landscaping. In the areas where you have width, you will have a berm up next to the wall on a side and eliminate the maintenance problems." Mr. Evans added, "Part of the areas would have berm, part ofthe areas would be wall." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Daryl Thomas, 104 Windsor Crescent Street, Winter Springs, Florida: commented on berms and trees. Mayor Bush closed the "Public Input" portion of the Agenda Item. Further discussion. "I WILL MAKE A MOTION - THAT WE APPROVE THE ITEM '502' AS PROPOSED." MOTION BY COMMISSIONER GILMORE. COMMISSIONER GILMORE ADDED, "WITH THE BERM, WITH THE ELEVEN FOOT (11 ') WALL AND A DIRT BERM BUILT UP ALONG THE INSIDE OF THE WALL ON THE PROPERTY SIDE." MAYOR BUSH ASKED, "DOES YOUR MOTION ALSO INCLUDE THE RECOMMENDATIONS ON PAGE 9?" COMMISSIONER GILMORE RESPONDED, "YES." SECONDED BY DEPUTY MA YOR McGINNIS. DISCUSSION. MR. STEVENSON NOTED, "WITH THE BERM BUILT UP ON THE WALL, AND THE WIDER SECTIONS TO ACCOMMODATE THE WALKWAY AND THEN WHERE IT PINCHES DOWN WOULD BE THE WALL WITH LANDSCAPING?" COMMISSIONER GILMORE COMMENTED, "YES." ATTORNEY GARGANESE STATED, "TO THA T MOTION I WOULD RECOMMEND A COUPLE OF OTHER CONDITIONS. THIS APPROVAL HAS TO BE SUBJECT TO ORDINANCE 2007-25, 2007-29 BECOMING EFFECTIVE AND THEN PURSUANT TO 2007-29, A DEVELOPMENT AGREEMENT WOULD HAVE TO ENTERED INTO TO SET THE DENSITY. SO, I WOULD ADD THOSE AS CONDITIONS OF APPROVAL." COMMISSIONER GILMORE NODDED IN AGREEMENT. MA YOR BUSH THEN SAID, "FURTHER DISCUSSION ON THE MOTION THEN WITH ANTHONY'S (GARGAN ESE) COMMENTS?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 12 OF 26 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2007-30, Amending The Text Of Section 20-323. Of The City's Code Of Ordinances, To Include Bridal Shops; Hair, Nail And Tanning Salons; Museums And/Or Cultural Institutions; And Reception Facilities As Permitted Uses Within The Town Center. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion olthe Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO ADOPT ORDINANCE 2007-30." MOTION. MA YOR BUSH REMARKED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For The Hayes Road Plaza, Located On The Southwest Corner Of SR (State Road) 434 And Hayes Road. Mr. Baker spoke on this Agenda Item. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 13 OF26 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. Discussion. Commissioner Robert S. Miller stated, "I would like to suggest that this item be referred to our City's Architect maybe for review to see how it fits in with the area. The way it is presented causes me some concerns." Commissioner Miller further noted, "The face of the building fronting [State Road] 434 is a long low-lying building with very little defini tion." Continuing, Commissioner Miller then said, "In my opinion, this building needs to be rehashed somehow." Additionally, Commissioner Miller pointed out, "I am not saying that it is not attractive the way it is, it is just that the building is very long, very low, and has very little definition in terms of height." With further comments, Commissioner Miller stated, "I would really like to see some height maybe put into it." Manager McLemore stated, "I think I understand what the issue is and if you want to give it back to us, we'll sit down with the Architect and see if we can come up with some suggestions. " Commissioner Krebs remarked, "1 do agree with Commissioner Miller and actually what I wrote down was it really lacks, this is my opinion, interest. It really has not a lot of dimension to it." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion o.lthe Agenda Item. "I MAKE A MOTION THAT WE REFER THIS BACK TO THE CITY STAFF AND ASK THEM TO ENGAGE THE CITY'S ARCHITECT TO REVIEW IT WITH THE DEVELOPER TO SEE IF IMPROVEMENTS CAN BE MADE ALONG THE LINES AS PROPOSED BY COMMISSIONER MILLER." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 14 OF 26 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Not Used. PUBLIC HEARINGS 506. Office Of The City Attorney Requests That The City Commission Adopt On Second Reading Ordinance Number 2007-31 Regarding The Procedure Set Forth In Section 17-27. Of The City Code For Vacating And Abandoning Streets And Alleys. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion o.fthe Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion o.fthe Agenda Item. "MOVE FOR APPROVAL" OF ORDINANCE 2007-31. MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 507. Public Works Department - Stormwater Division Requests The City Commission Approve On First Reading Ordinance 2007-32 Which Amends Chapter 8 - Flood Damage Prevention. Mayor Bush said, "Can we have a Motion to read by 'Title' only?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 15 OF 26 "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. Tape 2/Side B VOTE: COMMISSIONER MILLE.R: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Fields explained, "This is really an administrative change. It is not a Policy change to Chapter 8." Brief discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item, No one spoke. Mayor Bush closed the "Public Input" portion olthe Agenda Item. "MOTION TO ADOPT [ORDINANCE] 2007-32." MOTION BY COMMISSIONER KREBS. MAYOR BUSH COMMENTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Recess at 7:40 p.m. The Regular Meeting was called back to Order at 7:52 p.m. Tape 3/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 160F26 REGULAR AGENDA REGULAR 600.1. Office Of The City Manager Requesting The Commission To Receive The Draft Fire Assessment Study Report From Governmental Services Group. Manager McLemore said, "[Agenda Item] '600.1' is going to take a lot of time. I think we need to Workshop this. I would like to ask for a date that we could Workshop [Agenda Item] 600.1. Maybe the first Monday in January?" Mayor Bush said, "Can we do this Meeting some time this week Commissioners?" Manager McLemore said, "Our Consultants will not be available." Manager McLemore added, "If you are coming in on Monday anyhow, why not have an earlier Meeting and knock them both out?" Deputy Mayor McGinnis said, "Good." Mayor Bush said, "You think we can really do it that way though?" Mayor Bush said, "The ih [January 2008]." Manager McLemore added, "The first Monday in January." Commissioner Krebs said, "Fine." Manager McLemore said, "Five 0' clock." Deputy Mayor McGinnis said, "I like that." Mayor Bush stated, "Can I have a Motion to Table [ Agenda] Item 600.1 to move it to the Meeting on the 7th [January 2008] at 5:00 p.m.?" MAYOR BUSH SAID, "MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS TO MOVE THIS ITEM ['600.1'1 TO MONDAY, JANUARY THE 7TH [2008] AT 5:00 P.M." VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 600.2 Office Of The City Manager Requesting The Commission To Approve Resolution 2007-50 To Adopt The City Of Winter Springs' Intent To Bill And Collect Fire Assessment Fees Via The Tax Rolls Commencing In FY (Fiscal Year) 2008. Manager McLemore briefly spoke on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 170F26 "MOTION TO APPROVE COMMISSIONER KREBS. DISCUSSION. [AGENDA ITEMI '600.2'." MOTION BY SECONDED BY DEPUTY MAYOR McGINNIS. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. REGULAR 601. Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Casa Park Homeowner's Association To Remove (1) Specimen Tree Located In The Common Area Adjacent To 1301 Park Villa Place. Mr. Mike Mingea, City Arborist, Community Development Department presented this Agenda Item and displayed photographs of the Specimen Tree, Discussion, Ms. Daisy Johannson, 1100 Michigan Court. Winter Springs, Florida: addressed the Commission on this issue, Much discussion, Commissioner Krebs said, "I think every effort should be made where possible to save the tree," Deputy Mayor McGinnis said, "If we take the recommendation of Staff, would a letter go to the HOA [Homeowner's Association] signed by, say our Arborist?" Mayor Bush said, "My question to the Attorney here, can the Commission require them, the Homeowner Association to do what Mike [Mingea] is suggesting?" Attorney Garganese said, "Well, I think that is between the property owner and the Homeowner's Association, The Commission's role tonight is to approve or deny the Request to take the tree down. If you deny the Request, one can only assume that the property owner will go back to the HOA [Homeowner's Association] to try to resolve this matter." Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- DECEMBER 10,2007 PAGE 18 OF 26 "MOTION TO DENY." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush said, "Get with the Clerk tomorrow or whenever. Maybe Andrea [Lorenzo- Luaces], you can get a hold of her when you have got the Minutes ready so she can have this information to take back to her Homeowner's Association." Attorney Garganese mentioned that, "Removing a Specimen Tree like this without a permit, 1 guess the Fine is probably going to be about fifty five hundred dollars ($5,500.00) at a minimum, and that doesn't even include all the remediation work that would have to be done." Commissioner Krebs said, "1 think they can fine them for more than that, can't they?" Attorney Garganese said, "Plus the remediation work and the Fine for the removal. It would be a very, very large penalty." REGULAR 602. Office Of The City Manager Requesting The City Commission To Determine What, If Any, Level Of Funding The Commission Desires To Grant To Meals On Wheels For FY (Fiscal Year) (20') 08. Brief discussion. "I WILL MOVE THAT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SAID, "MOTION TO APPROVE FIVE THOUSAND DOLLARS ($5,000.00) FOR MEALS ON WHEELS BY COMMISSIONER McGINNIS," VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 190F26 REGULAR 603. Office Of The City Clerk Respectfully Requests That The City Commission Consider Nominating The Next Deputy Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past. Mayor Bush said, "On [Agenda Item] '603' - Deputy Mayor, Mr. [Rick] Brown has a Memo here to the Clerk requesting that this be delayed until he can be here." Commissioner Krebs said, "I appreciate the fact that he is not here, but 1 am ready to make a Motion." Deputy Mayor McGinnis said, "I am ready to move forward." "THIS IS COMMISSIONER MILLER'S LAST YEAR - FOR THIS FINAL TERM AND IF HE IS WILLING TO ACCEPT THE NOMINATION, I WOULD LIKE TO NOMINATE COMMISSIONER MILLER FOR DEPUTY MAYOR FOR - HIS LAST YEAR." MOTION BY COMMISSIONER KREBS. MOTION DIED FOR LACK OF A SECOND. COMMISSIONER MILLER SAID, "I APPRECIATE YOUR NOMINATION, BUT I WOULD RATHER DEFER WITH THAT. IF NO ONE ELSE WILL RUN, I WILL ACCEPT THE HONOR RETICENTLY BUT I WOULD NOT SECOND IT AT THIS POINT." "I WOULD LIKE TO MAKE A MOTION THEN THAT DON GILMORE BE DEPUTY MAYOR." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "I WAS GOING TO NOMINATE COMMISSIONER GILMORE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 20 OF 26 REGULAR 604. Police Department - Code Enforcement Bureau In Conjunction With The Community Development Department Requests The Commission Review Alternatives And Provide Direction Regarding A Proposed On- Street Parking Program. Captain Glenn Tolleson, Police Department addressed the City Commission on this Agenda Item. Discussion. Tape 3/Side B Commissioner McGinnis said, "I would definitely support 'Option 2'. 1 will not support 'Option 1', and 1 will not support 'Option 3'." Further discussion. Commissioner Krebs said, "I would also support Number '~'. 1 don't think six (6) months, six (6) months might not be long enough. 1 like your suggestion, Commissioner McGinnis, nine (9) months." Mr. Brian Fields, City Engineer, Public Works Department spoke about on-street parking. Much discussion. "I MAKE A MOTION TO ACCEPT - 'Option 2', UNDER [AGENDA] ITEM '604'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ASKED, "SIX (6) OR NINE (9) MONTHS." COMMISSIONER KREBS SAID, "I WOULD LIKE TO DO IT NINE (9) MONTHS? IF THAT IS A PROBLEM, THEN SOMEONE CAN MAKE AN AMENDMENT. BUT, I JUST DON'T THINK SIX (6) MONTHS, BY THE TIME YOU GET IT IMPLEMENTED. I THINK - IT IS GOING TO BE A FEW MONTHS BEFORE PEOPLE REALIZE - AND YOU WOULD NEED A GOOD SIX (6) MONTHS TO TEST IT." MAYOR BUSH THEN ADDED, "THIS MOTION, IN HERE IT SAYS, ON SELECTED NEIGHBORHOODS." COMMISSIONER KREBS SAID, "CORRECT." MAYOR BUSH ASKED, "HAS THE COMMISSION SELECTED THOSE NEIGHBORHOODS?" COMMISSIONER McGINNIS SAID, "WE DID. WE ALREADY DID." MAYOR BUSH SAID, "THE ONES YOU MENTIONED, MT. GREENWOOD, OAK FOREST AND..." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 21 OF 26 CAPTAIN TOLLESON ADDED, "...MT. GREENWOOD, AND THE OLD TOWNSITES, WHICH IS WEST OF EDGEMON [AVENUE]; AND IF THERE ARE ANY OTHER NEIGHBORHOODS WHO WOULD APPROACH US, IF I COULD HAVE THAT AVAILABILITY TO ADD THEM." MAYOR BUSH THEN ADDED, "DO YOU WANT TO INCLUDE THOSE IN YOUR MOTION COMMISSIONER KREBS, THE THREE (3) THAT HE JUST MENTIONED..." COMMISSIONER KREBS SAID, "...JUST THAT HE MENTIONED - AT THE DISCRETION OF THE POLICE DEPARTMENT AS FAR AS THEIR KNOWLEDGE - TO THE PROBLEM AREAS." DISCUSSION. COMMISSIONER MILLER SAID, "I WOULD LIKE TO INSERT AFTER THE- COMMISSION APPROVES SITE SPECIFIC PARKING ZONES; AND I WOULD LIKE TO INSERT AFTER '4.', 'HOA' [HOMEOWNER'S ASSOCIATION]. THAT WOULD BE MY MOTION." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. MAYOR BUSH STATED, "SO, YOU ARE MAKING AN AMENDMENT TO THE MOTION?" COMMISSIONER MILLER SAID, "CORRECT - HOA'S. [HOMEOWNER'S ASSOCIA TIONj." DISCUSSION. MAYOR BUSH SAID, "COMMISSIONER MILLER MADE A MOTION I THINK TO ONLY THOSE AREAS THAT HAVE HOA'S [HOMEOWNER'S ASSOCIATION)." COMMISSIONER MILLER SAID, "THAT IS CORRECT." MOTION DIED FOR LACK OF A SECOND. ATTORNEY GARGANESE SAID, "MY ONL Y RECOMMENDATION IS THAT THIS WOULD HAVE TO BE IMPLEMENTED BY RESOLUTION OF THE COMMISSION, WHICH WE CAN BRING BACK AFTER YOUR FIRST MEETING IN JANUARY AND THAT'S BECAUSE OF COMMISSIONER KREBS' COMMENT. THERE IS A CODE AND IT PERMITS THE COMMISSION TO DO THIS SORT OF THING BY RESOLUTION SO, I THINK WE NEED TO STICK BY THE LAW." COMMISSIONER McGINNIS SAID, "THAT IS GOOD." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 22 OF 26 MAYOR BUSH SAID, "SO, COMMISSIONER KREBS, WITH THE ONE MODIFICA TION THAT ANTHONY [GARGANESE] HAS BROUGHT UP, YOU HAVE NO PROBLEM WITH THAT?" COMMISSIONER KREBS RESPONDED, "NO." MAYOR BUSH THEN NOTED, "AND THE SECOND HAS NO PROBLEM? ANYTHING ELSE ANTHONY THAT WOULD NEED TO BE INCLUDED IN THAT, AT THIS POINT?" NO OBJECTIONS WERE MADE. ATTORNEY GARGANESE STATED, "NO. I THINK WE HAVE ENOUGH TO GO BY AND BRING IT BACK." MANAGER McLEMORE REMARKED, "THE WAY I ENVISION THIS IS, THAT WE WOULD SEND OUT A LETTER TO EACH HOMEOWNER IN EACH OF THESE AREAS, JUST TELL THEM WHAT WE ARE DOING WHICH WOULD INCLUDE A MAP OF THE AREA, THE TIME AND ALL THAT KIND OF STUFF, SO THEY KNOW EXACTLY WHAT IS GOING ON." CAPTAIN TOLLESON COMMENTED, "YES." FURTHERMORE, MANAGER McLEMORE SAID, "BEFORE WE DO THAT, WE LOOK AT ALL THE STREETS AND SEE WHICH ONE HAS TO HAVE A CERTAIN PATTERN OF PARKING, SO THEY'RE FULLY INFORMED AND THEY KNOW THAT IT'S A TEMPORARY THING - THEN NOT MUCH LA TER, WE WILL HAVE A PUBLIC HEARING AND THEY CAN COME IN TO SAY WHAT THEY LIKE OR WHAT THEY DISLIKE ABOUT IT AND THAT IS THE WAY I SEE IT COMING DOWN." DISCUSSION. MA YOR BUSH ADDED, "ONE OTHER THING TO CLEAR IT UP, ESPECIALL Y - P ARKSTONE, THEIR HOA [HOMEOWNER'S ASSOCIATION] SAYS THEY CAN'T PARK ON THE STREET, IS THAT CORRECT?" CAPTAIN TOLLESON SAID, "THAT'S WHAT THE BOARD THOUGHT WHEN I REVIEWED IT ." MAYOR BUSH SAID, "IF THEY WANT THE WINTER SPRINGS POLICE DEPARTMENT TO DO THAT, THEN THEY WOULD NEED TO PAY FOR IT." CAPTAIN TOLLESON SAID, "THAT'S CORRECT ." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 23 OF 26 Regarding parking on the street, Commissioner Krebs asked Attorney Garganese, "In that Ordinance, did it say that we could suspend the parking on the street during a period of time? How do we do that?" Attorney Garganese said, "By Resolution, You can suspend the parking requirement, for emergency special events or some other public purpose." Discussion. "I MAKE A MOTION THAT WE SUSPEND THE ORDINANCE ON PARKING ON THE STREETS - DURING THE HOLIDAY SEASON EFFECTIVE NOW UNTIL AFTER THE FIRST OF THE YEAR. LET US JUST SAY JANUARY 3RD, 2008." DISCUSSION. MOTION BY COMMISSIONER GILMORE. COMMISSIONER GILMORE ADDED, "STARTING DECEMBER 11, 2007 UNTIL JANUARY 3, 2008." SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY GARGANESE SAID, "ONE TECHNICAL ISSUE THERE THAT GLENN (TOLLESON) BROUGHT UP, NOT ALL STREETS WILL SUPPORT PARKING ON THE STREET." CAPTAIN TOLLESON SAID, "CORRECT. WE'LL BE ABLE TO ADDRESS THAT EVEN WITH A SUSPENSION BECAUSE WE ARE TALKING ABOUT JUST THOSE AREAS WHERE THE STREET DOESN'T HAVE A CLEAR SAFETY ISSUE." COMMISSIONER GILMORE SAID, "I MODIFY MY MOTION - ON ALL STREETS EXCEPT THOSE THAT THE POLICE DEPARTMENT DEEM UNSAFE FOR PARKING." MAYOR BUSH SAID, "COMMISSIONER KREBS SECONDED THAT MOTION. OKAY WITH YOU COMMISSIONER? FROM DECEMBER 11TH [2007] THROUGH - AND INCLUSIVE JANUARY 3RD [2008]." COMMISSIONER GILMORE SAID, "I WILL GO UNTIL JANUARY 5TH, [2008) IF I MAY, THAT IS SATURDAY NIGHT." ATTORNEY GARGANESE SAID, "SINCE THIS NEEDS TO BE DONE BY RESOLUTION, I DON'T HAVE A PROBLEM DRAFTING THAT FOR YOUR SIGNATURE, BUT, I THINK WE NEED TO GET - SOME CLEAR DIRECTION BECAUSE AS GLENN [TOLLESON) SAID, THERE ARE SOME STREETS THAT DON'T SUPPORT IT. BACK IN JULY, JULY 23RD, 2007, STAFF PUT TOGETHER A DETAILED LIST WHERE NO PARKING IS ALLOWED OR NOT RECOMMENDED AND YOU MAY WANT TO ADOPT THAT LIST FOR SAFETY PURPOSES. FOR EXAMPLE, ARTERIAL STREETS, NO PARKING ALLOWED." II . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- DECEMBER 10,2007 PAGE 24 OF 26 COMMISSIONER KREBS SAID, "I WILL MAKE AN AMENDMENT TO THE MOTION TO INCLUDE - TO ADOPT THE..." ATTORNEY GARGANESE SAID, "...THE RECOMMENDATION BACK IN - JULY 23, 2007 WHERE THE STAFF RECOMMENDED CERTAIN STREETS NOT SUPPORT ON-STREET PARKING." COMMISSIONER KREBS SAID, "AND A LIST OF THOSE STREETS. GLENN [TOLLESON], CAN WE PUT THIS UP ON THE WEBSITE SO THAT..." CAPTAIN TOLLESON SAID, "...YES." DISCUSSION. "AND THAT IS MY AMENDMENT." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. For Clarification, Attorney Garganese asked, "That was until January 5th, [2008]." Mayor Bush said, "Inclusive January 5th [2008]." REGULAR 605. Office Of The City Attorney ADD-ON Requests The City Commission To Authorize The Filing Of A Notice Of Default And Claim Against Lexon Insurance Surety Bond No: 1003690, Ensuring The Completion Of Work For Subdivision Improvements In Jesup's Reserve Subdivision. "MOTION TO APPROVE ITEM '605'." MOTION BY COMMISSIONER KREBS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2007 PAGE 25 OF 26 ATTORNEY GARGANESE SAID, "I NEED TO BRING SOMETHING TO YOUR ATTENTION THAT'S APPLICABLE TO BOTH ITEMS '605' AND '606' THAT IS NOT STATED IN THE AGENDA ITEM, BUT WE NOW HAVE - A LIST OF CURRENT LIENS ON THE PROPERTY WHICH DOES AFFECT SOME OF THE COMMON AREAS THAT MAY IMPACT SOME OF OUR CLAIM; AND WE WANT TO INCLUDE AT OUR DISCRETION - SOME OF THOSE LIENS AS PART OF THE DEMAND ON THE SURETY TO ACTUALLY PAY OFF SOME OF THOSE LIENS FOR WORK THAT WAS PERFORMED BUT NOT PAID FOR; SO, THE LIST KEEPS GROWING ON A WEEKLY BASIS BECAUSE OF UNPAID CONTRACTORS. BUT, I WANT TO BRING THAT TO YOUR ATTENTION, SO ITEMS '605' AND '606' TO THE EXTENT NECESSARY WILL INCLUDE A DEMAND FOR PAYMENT OF OUTSTANDING LIENS." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Commissioner Miller concluded his call at approximately 9: 12 p. m. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 606. Office Of The City Attorney ADD-ON Requests The City Commission To Authorize The Filing Of A Notice Of Default And Claim Against National Union Fire Insurance Company Of Pittsburgh Surety Bond No: 948843, Ensuring The Maintenance For Construction Defects Relating To Improvements Of Potable Water, Sanitary Sewer, And Storm And Roadway Facilities In Jesup's Reserve Subdivision. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2007 PAGE 26 OF 26 In other City business, Manager McLemore spoke on some alternative Investments and explained, "If you recall, we asked or we decided to go back to one of our Consultant's, Mr. Bogdahn [Consulting, LLC] - Bogdahn's [Consulting, LLC] Group to come up and identify some alternative temporary Investment options and so this came in well after we were already underway, so in order to keep from having another Meeting, if you will agree to this and agree to let me sit down with Bogdahn [Consulting, LLC] and pick which one of these three (3)." "I WILL MAKE THAT MOTION TO AUTHORIZE YOU TO WORK WITH BOGDAHN [CONSULTING, LLC] TO MAKE THE DECISION." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9: 17 p.m. RESPECTFULLY SUBMITTED: AN A LORENZO-LUACES, CMC CITY CLERK APPROVED: /Y-~ ~4~ R JOHN F. BUSH NOTE: These Minutes wrre approved at the January 14,2008 Regular City Commission Meeting.