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HomeMy WebLinkAbout2010 02 22 Consent 202 Approval Of February 8, 2010 Regular Meeting Minutes CITY OF WINTER SPRINGS FLORIDA V • Incorporate L 959 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, FEBRUARY 8, 2010 — 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 2 OF 17 CALL TO ORDER The Regular Meeting of Monday, February 8, 2010 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, 1 126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present r. Deputy Mayor Rick Brown, present =° Commissioner Jean Hovey, present ri Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, arrived at 5:17 p.m. The Pledge of Allegiance followed a moment of silence. Mayor Bush noted that due to advertisements, Public Hearings Agenda Item "500" could not be heard until 6:15 p.m. tonight. Commissioner Gary Bonner mentioned he had a guest that would be addressing the City Commission tonight, related to one of his Reports, and that his guest would most likely arrive after 6:00 p.m.; therefore, one of his Reports would be heard later in this Meeting. There were no objections to this. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. INFORMATIONAL 101. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 3 OF 17 INFORMATIONAL 102. Police Department REQUEST: Providing Information To The City Commission Concerning The Implementation Of Crime Reports To The Citizens. FISCAL IMPACT: $1,200.00 from the Local Law Enforcement Trust Fund. COMMUNICATION EFFORTS: 1. Provided A Demonstration Of The System At The January 2010 Citizens Advisory Committee Meeting. Requested The Information To Be Pass Along In HOA (Homeowner's Association) Newsletters By A CAC (Citizen Advisory Committee) Members. 2. Conducted Press Releases. 3. Informational Article In The Police Department's February 2010 Issue Of The Community News +S:P Letter. RECOMMENDATION: Information Only No discussion. INFORMATIONAL 103. Building Division REQUEST: Advising The City Commission Of The Status Of Insurance Services Offices, Inc. (ISO) Building Code Enforcement Evaluation Report Of January 10, 2009. FISCAL IMPACT: The City's Rating Has An Impact On The Property Insurance Rates Paid City Wide. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda. RECOMMENDATIONS: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. This Agenda Item was not discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 4 OF 17 CONSENT AGENDA CONSENT 200. Police Department REQUEST: Requests That The City Commission Approve The Expenditure Of $2500.00 From Federal Asset Forfeiture Funds To Be Donated To Central Florida Crimeline, Inc. To Assist Them In Maintaining Their Anonymous Crime Tip Line. FISCAL IMPACT: The Funding For This Request Will Come From Federal Asset Forfeiture Monies. As Of February 1, 2010, The Fund Balance Is $28,060.10. COMMUNICATION EFFORTS: 1. Install A Link To Crimeline On The Winter Springs Police Department Website To Provide Easy Access To Our Citizens. 2. Communicate To Our Citizens' Information Through Publications And Civic Group Meetings The Mission Of Crimeline And The Donation Our City Made. 3. Provide An Electronic Form On The Winter Springs Police Department Website That Forwards Tips To crimetips @winterspringsfl.org. RECOMMENDATIONS: Approve The Expenditure Of $2500.00 From Federal Asset Forfeiture As A Donation To Crimeline. There was no discussion on this Agenda Item. CONSENT 201. Not Used. CONSENT 202. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: $0. There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor Conducting The Auction Has Also Been Provided On The Website. RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. Commissioner Sally McGinnis asked for an update on any eBay results. City Manager Kevin L. Smith stated, "Absolutely. I think we need to give it a little bit more time to get some good history but certainly will." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 5 OF 17 City Attorney Anthony A. Garganese arrived at 5:17 p.m. Further, Commissioner McGinnis asked if we have had success with such listings. Manager Smith responded that he would bring back such information to the City Commission. CONSENT 203. Public Works Department - Stormwater Division REQUEST: Requesting The City Commission Adopt Resolution 2010 -06 Agreeing To The Implementation Of A Lake Jesup Basin Management Action Plan. FISCAL IMPACT: No Funding Is Requested Or Committed To By Adoption Of Resolution 2010 -06. Funding For Individual Projects To Meet The City's BMAP (Basin Management Action Plan) Obligations Would Occur As A Part Of The Normal Budgeting And Approval Process. The City Has No Obligation Under The First Of Three 5 -Year Implementation Periods Under The BMAP (Basin Management Action Plan) Which Runs Through 2014. COMMUNICATION EFFORTS: The Complete Lake Jesup Basin Management Action Plan Has Been Posted On The City's Website. RECOMMENDATION: Staff Recommends The City Commission Approve Resolution 2010 -06. This Agenda Item was not discussed. CONSENT 204. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The January 25, 2010 City Commission Workshop Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The January 25, 2010 City Commission Workshop Minutes. No discussion. CONSENT 205. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The January 25, 2010 City Commission Regular Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CIT COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 6 OF 17 COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The January 25, 2010 City Commission Regular Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE } >. COMMISSIONER McGINNIS: AYE KREBS: AYE F DEPUTY MAYOR BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 303. Not Used. ❖ ❖ AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. • • REPORTS REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 7 OF 17 REPORTS 403. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown No Report. REPORTS 405. Office Of Commissioner Seat Four — The Honorable Sally McGinnis No Report. REPORTS 406. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs asked if "Posted Public Hearings" information related to signage could be added to the City's website. Manager Smith responded, "Absolutely." Discussion followed with Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department and Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department on the DeerSong subdivision, the related posted Public Hearing, and associated Zoning. Commissioner Krebs showed the City Commission that she had received information from one of the City of Oviedo's Lobbyists and mentioned that this Lobbyist is interested in addressing our City Commission. Continuing, Commissioner Krebs asked that the City Commission review the Lobbyist's information that they had sent to her; and mentioned that the Lobbyist could always contact the City Manager. Mayor Bush suggested that "Why don't you give it to Andrea (Lorenzo - Luaces, City Clerk)." REPORTS 407. Office Of The Mayor — The Honorable John F. Bush Mayor Bush commented on this Friday's State of the County event and mentioned that the City is being asked if two (2) extra people could also be seated at the City's table. With discussion by the City Commission, Mayor Bush summarized, "Right now, we just say, `No, we bought a table of eight (8), and it is a table of eight (8).' Is everybody okay with that ?" No objections were voiced. Secondly, Mayor Bush asked about the status of the 4 t11 of July Fireworks meeting that Parks and Recreation Staff were going to attend. Mr. Chuck Pula, Director, Parks and Recreation Department gave a brief update and noted, "We are just going to continue to evaluate it and look at it." Mayor Bush suggested that the Staff Member who attended, provide the City Commission with a written summary and stated, "So the Commissioners can see a little more of what went on." Next, Mayor Bush commented on a Tri -County League of Cities board meeting that he had attended and explained that a Bill had been filed related to a Red Light funding which would mandate that the State of Florida receive seventy -five dollars ($75.00) from each Infraction. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 8 OF 17 Mayor Bush then mentioned TABOR (Tax Payer Bill of Rights) and said, "They don't expect it to be filed; however, it says don't go to sleep on it either - if we can come up with a TABOR (Tax Payer Bill of Rights) example of how this would hurt us - might be something Kevin (Smith), you might think about." Furthermore, Mayor Bush noted that Senate Bill 216 (referred to as the Gag Bill) was possibly being repealed. Mayor Bush then commented on foreclosures, and mentioned that the Town of Windermere uses a Non Ad Valorem Assessment to collect. With discussion, Mayor Bush asked the City Commission if they thought that Manager Smith and Attorney Garganese should "Take a look at it and come back ?" Commissioner McGinnis suggested, We might want to be prepared." With additional comments, Commissioner Krebs noted, "I think we should be aware of it." Commissioner McGinnis added, "I do too." With no objections, Mayor Bush recommended, "A little more information for the to be considered at a future Meeting." Mayor Bush also noted that at the Tri -County League of Cities Board meeting he attended, that Gambling and '. Drilling were also mentioned as being on the table. REPORTS 408. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey asked when the next Joint Meeting with Oviedo would be held. Mayor Bush said to Manager Smith, "Why don't you call the Manager over there ?" Manager Smith stated, "Sure." REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. ++ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. ❖❖ REPORTS REPORTS 407. Office Of The Mayor — The Honorable John F. Bush Mayor Bush asked if the twelve thousand five hundred dollars ($12,500.00) has been paid by Tuscawilla Country Club yet. Manager Smith said, "Not to my knowledge." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 9 OF 17 • •+ AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. +►+i► REPORTS REPORTS 404. Office Of Commissioner Seat Three — The Honorable Gary Bonner ar-. Commissioner Bonner commented on the successful St. Stephen's Winterfest event and said to Chief of Police n °, Kevin Brunelle, Police Department, "I want to extend my appreciations to your organization. I heard it really came off great and thank you Chief, to you and your team for a well planned and well executed event." Discussion followed with Chief Brunelle. Next, Commissioner Bonner mentioned that at St. Stephen's Winterfest, he had received a lot of comments on the status of the Ranchlands paving project. Mr. Brian Fields, P.E., City Engineer, Public Works Department gave a ' brief update. Commissioner Bonner then said to Mr. Fields, "I do want to extend my thanks to you Brian (Fields) because everyone was aware that they had actively participated in the survey process. They were very appreciative of that and every single individual that approached me had had a personal meeting with you and I am very impressed by that." Commissioner Bonner then commented to Mr. Fields, "You obviously went out of your way to address everyone's concerns individually - thank you very much for doing so." Continuing, Commissioner Bonner noted he had been asked to attend a Wedgewood Tennis Villas Meeting on March 9, 2010 and asked if the City Manager and/or his Staff could also attend. Commissioner Bonner mentioned that this community was concerned that the Tuscawilla Greens project had caused potential damage to the flow of the creek. Manager Smith stated, "Be happy to." Lastly, Commissioner Bonner announced, "I did have one of my Charter Review Appointees rescind their decision to serve and I do have an alternate candidate to bring forward tonight." "I WOULD LIKE TO NOMINATE BETH KING" TO SERVE ON THE WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE. MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 10 OF 17 ❖ ❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. • ❖ REGULAR AGENDA REGULAR 600. Office Of The City Manager REQUEST: Requesting The Commission Consider Information Provided Herein On The Potential One Cent Sales Tax Renewal And Take Action As Deemed Appropriate. FISCAL IMPACT: The City Currently Receives 2.3% Of The 2 "`' Generation One Cent Sales Tax Which Currently Amounts To Approximately $1.2M Per Year To Be Used For Transportation Related Projects. The 2' Generation Sales Tax Will Expire January 2011. The Seminole County School Board Has , Indicated They Will Seek A Renewal Of The Sales Tax That Will Increase The School Boards Allocation From 25% To 50% Of The Incremental Sales Tax. COMMUNICATION EFFORTS: No Extra Communication Efforts Are Necessary At This Time. RECOMMENDATION: The City Manager Recommends That The City Commission Consider The Request If The School Board For The City To Support The Renewal Of The One Cent Sales Tax For A 3 Generation And Take Action As Deemed Appropriate. The City Is Well- Positioned To React To Either Decision Of The Commission. Mayor Bush introduced this Agenda Item and stated, "What we need to do is decide whether or not we will support it or not." Manager Smith noted, "On page 2 of the Agenda Item, under "FISCAL IMPACT: ", I inadvertently had indicated the 2 Generation Tax would expire in January 2011. I apologize, that is actually December 2011." Discussion. Commissioner Bonner asked if there was a schedule for what Seminole County Public Schools would spend the money on. Commissioner Hovey mentioned that she had requested some information from Mr. George Kosmac, Deputy Superintendent, Seminole County Public Schools. Commissioner Hovey offered to follow up with Mr. Kosmac and would ask Mr. Kosmac to send the requested information to City Clerk Lorenzo - Luaces, who in turn could forward the information to the City Commission. Commissioner Bonner suggested, "Without the knowledge of how the money would be spent, specifically, and the corresponding benefit for Winter Springs directly, I would be more inclined to Table this item until we have that detailed information available for us to consider." Mayor Bush asked Manager Smith what the City would spend the Funds on, should the One Cent Sales Tax be Approved. Manager Smith spoke of parameters. Mayor Bush suggested Manager Smith come up with some possibilities for the City Commission to consider. Manager Smith stated, "Certainly." Discussion followed on whether anyone was planning to attend the proposed upcoming Saturday, February 27, 2010 meeting dealing with the One Cent Sales Tax. Mayor Bush commented that he would probably attend. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE I I OF 17 Commissioner Hovey mentioned she was planning to attend a School Board Meeting on February 9, 2010 and would ask Mr. Kosmac in person, about the requested information. Deputy Mayor Rick Brown mentioned his interest in seeing what administrative cuts Seminole County Public Schools have made. "MOTION TO TABLE UNTIL WE HAVE FURTHER INFORMATION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE = `` DEPUTY MAYOR BROWN: AYE ;;.,,_,.. -;.3 MOTION CARRIED. ❖ ❖ AGENDA NOTE: "PUBLIC INPUT" WAS HEARD NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE MEETING. ❖ ❖ PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: gave an update on the status of the upcoming Dog Park Grand Opening and noted that food and entertainment has already been arranged. Mr. Rucci asked if Chief Brunelle could have the City's two (2) canine teams available for demonstrations. Mr. Rucci then commented on Vendors, microphones, and Event and advertising flyers. Mr. Rucci also asked for the City's assistance with signage. Commissioner McGinnis stated, "I support this sign - for the statues." Commissioner Krebs suggested this Event be added to the electronic sign outside City Hall, as the Event gets closer. Due to time constraints, Mayor Bush asked the City Commission, "Everybody okay to go ahead with whatever Staff comes up with ?" Commissioner McGinnis and Commissioner Krebs agreed. No objections were noted. Further comments followed on a meeting that had been proposed for February 27 2010 in Lake Mary. Mayor Bush stated, "It would be good if we had some idea how we might expend those Funds, even if it is just pie in the sky at this point." Manager Smith said, "Not a problem." REGULAR 601. Office Of The City Manager REQUEST: Requesting The City Commission To Consider A Change, Proposed By The Oviedo - Winter Springs Regional Chamber Of Commerce, To The Economic Development Grant Agreement Previously Transmitted By The City To The Chamber. (The Issue Of Memorializing The Terms Of The City's Trustee Membership With The Chamber Was Previously Discussed By The Commission On September 14, 2009. At That Time, The Item Was Tabled Therefore, A Motion To Remove From The Table Would Be Required For The Commission To Consider This Item.) CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 12 OF 17 FISCAL IMPACT: Trustee Membership Costs Are $5,000.00 Per Year, For The Period From January 1 To December 31. Funds Are Budgeted In The Commission Budget, 1100 - 58300, In FY (Fiscal Year) 2010 For This Purpose. COMMUNICATION EFFORTS: Trustee Membership Affords The City With A Variety Of Communication Tools Which Are Included In The $5,000.00 Cost, Including: • Logo Placement As A TRUSTEE On Chamber Letterhead And Membership Literature. • Logo Placement On Signage And Recognition As A TRUSTEE At Chamber Events. • Logo Placement As A TRUSTEE On Home Page Of Chamber Website With Link To City's Website. • Recognition As A TRUSTEE In All Weekly Chamber e- newsletters. • 1/2 Page Ad In Each Edition Of The "Green" Venture Quarterly .pdf Newsletter. • Two (2) Week Sponsorship Of Chamber Connection e- newsletter. • Logo Recognition In "Thank You" Advertisement In The Annual Chamber Membership Directory. "- w • Complimentary Booth Space At "Taste Of Oviedo." • Complimentary Booth Space At One Expo Of Our Choice (Home & Hurricane, Kidstravaganza, Health & Fitness Or Holiday). • Complimentary Entry For Four At Annual Chamber Year End Business Bash. • $1,000 Sponsorship Of One Of A Variety Of Chamber's "Signature" Events (Excluding Golf Tournament And Capitol Connection). RECOMMENDATION: The City Manager Recommends That The City Commission: 1. Determine Whether Or Not To Continue Its Trustee Membership With The Chamber. 2. If The Commission Decides To Continue Its Trustee Membership, Then Consider The Chamber's Requested Change To The Attached Economic Development Grant Agreement (Trustee Membership) Between The City And Chamber And Take Action As Deemed Appropriate. Regarding This Requested Change In The Agreement By The Chamber: The City Manager And City Attorney Caution The Commission That Approving This Change Could Potentially Place The City In A Situation Where It Is In Violation Of Section 106.113, F.S. (Florida Statutes) Unless The City Could Negotiate Some Level Of Written Assurance That The Trustee Membership Funds Will Not Be Used For Political Advertisements And Electioneering Communications. Absent This Written Assurance, In A Format Agreeable To The City, The City Manager Would Recommend The Commission Deny This Requested Change To The Agreement. "MOTION TO REMOVE FROM THE TABLE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 13 OF 17 Manager Smith commented on a recent email he had sent to the City Commission related to this Agenda Item. "MOTION TO DENY." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. "MOTION TO TABLE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: r.- DEPUTY MAYOR BROWN: AYE „ 4 q,sr COMMISSIONER McGINNIS: NAY * 11 COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: NAY .,,.., MOTION CARRIED. r °. Mayor Bush called a Recess at 5:59 p.m. The Regular Meeting reconvened at 6:15 p.m. Brief discussion followed on what issues the City Commission might have with the Oviedo - Winter Springs Regional Chamber of Commerce. Comments included that previous information the City requested has not been provided; concern with political involvement by the Oviedo - Winter Springs Regional Chamber of Commerce; and that we had not received requested periodic updates from the Oviedo- Winter Springs Regional Chamber of Commerce. Tape 1 /Side B Mayor Bush asked the City Commission, "Would the Commission want the Chamber then to come before you - and try to answer some of these questions ?" Commissioner McGinnis stated, "No." Commissioner Bonner, Deputy Mayor Brown, and Commissioner Hovey were in agreement to have information presented to the City Commission. With the agreed upon Consensus, Mayor Bush then asked Manager Smith to bring this information back at a future City Commission Meeting. Attorney Garganese inquired, "Since the item was Tabled, do you want to bring the item back up? If so, you need to give that direction where essentially the whole item will be removed from the Table or are you just looking for a presentation ?" Deputy Mayor Brown suggested, "I think what I am hearing is that we want to see what we requested and have been told we would get previously, before we move forward." Manager Smith added, "So, one step at a time ?" With confirmation, Manager Smith remarked, "Understood." • ❖ AGENDA NOTE: "PUBLIC INPUT" WAS AGAIN HEARD, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. ❖ ❖ PUBLIC INPUT Mr. J.C. McCormick, 30 Jackson Circle, Winter Springs, Florida: commented on Regular Agenda Item "602 "; and asked about the planned paving. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 14 OF 17 Discussion ensued with Mr. Fields. Further comments followed on the Straw Ballot results; and Mr. McCormick remarked that he was not in favor of the proposed paving. Ms. Cheryl McCormick, 30 Jackson Circle, Winter Springs, Florida: spoke about the Straw Ballot results; unpaved and paved streets; and said she was opposed to the planned paving. Discussion followed on where the aved roads would be, and paving materials. 4 ' P P g Mayor Bush closed "Public Input". REGULAR AGENDA 602. Public Works Department REQUEST: Requesting The City Commission's Review Of Straw Ballot Result For The Proposed Paving Of Herrell Road And Jackson Circle In The Ranchlands. FISCAL IMPACT: No Funding Is Requested With This Agenda Item. If The Commission Decides To Include Herrell Road And /Or Jackson Circle In The Ranchlands Paving Program, These Streets Will Be Added To Future Bid Packages That Will Be Submitted To The City Commission For Award Of A Construction Contract. Based On The Recent Bid Results For Phase 1, Staff Expects The Available Funding From The Road Improvement Fund (One -Cent Sales Tax) To Be Sufficient To Fund The Entire Ranchlands Paving Program. COMMUNICATION EFFORTS: Straw Ballots Were Mailed To All Abutting Property Owners On Herrell Road And Jackson Circle, Along With A Notice That The Results Would Be Submitted For The City Commission's Review At The February 8, 2010 City Commission Meeting. Residents Who Provided e -mail Addresses With Their Straw Ballots Were E- Mailed The Preliminary Straw Ballot Results And A Reminder Notice About The February 8 Meeting. The Abutting Property Owners Were Also Previously Mailed "Request For Input" Notices In October 2009 And Many Residents Accepted Staff's Invitation To Have An Onsite Meeting To Discuss The Project. The City Commission's Decision On This Agenda Item Will Be Communicated To The Herrell Road And Jackson Circle Property Owners By e-mail And /Or Standard Mail. RECOMMENDATION: Staff Recommends The City Commission Approve Herrell Road And Jackson Circle For Paving. Brief comments. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 15 OF 17 VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. �t� -i FG c 4F 7 Mr. Fields noted, That is for both Jackson Circle and Herrell Road." Commissioner McGinnis added, "Yes." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Recommends The City Commission Consider The Request For A Waiver From The 25 Foot Front Yard And 15 Foot Side Yard Setback Requirements Set Forth In Section 20 -255. Of The City Code For Principle Structures Within The C -2 Zoning District, For A Site Located Along The North Side Of SR (State Road) 419, Immediately West Of The Layer Elementary School, Pursuant To The Waiver Criteria And Procedure Detailed In Section 20 -34., To Allow The Building To Be Located Up To The Front And Side Property Lines. The Waiver Addresses Only Zoning Setback Requirements And Does Not (Cannot) Address Building Code Or Other Life - Safety Code Issues Associated With The Potential Attachment Of A Building Structure To The Perimeter Wall. FISCAL IMPACT: The Waiver Would Make The Restrained Site More Developable And More Likely To Generate More Jobs And Tax Revenue. COMMUNICATIONS EFFORTS: The Site Was Posted With A Large Yellow Sign And Notification Letters Were Sent To The Abutting Property Owners Within 150 Feet Of The Site. A Copy Of The Agenda Item Was Sent To The Applicant Before The BOA (Board Of Adjustment) Meeting And Before The Commission Meeting. RECOMMENDATION: The Board Of Adjustment And Staff Recommend Approval Of The Setback Waiver Request Since We Believe It Does Meet All Of The 6 Criteria For This Site. This Waiver Is Conditioned Upon The Property Owner Conveying The 30 Foot Wide Trail Right -Of -Way To The State And Building The Required 10 Foot High Perimeter Wall. This Waiver Does Not Become Effective Until The Trail Right -Of -Way Is Dedicated And The Perimeter Wall Is Built. Mr. Baker spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input " portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 16 OF 17 "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER McGINNIS SAID, "THAT IS WITH THE RECOMMENDATIONS STIPULATED BY THE BOARD OF ADJUSTMENT ?" DEPUTY MAYOR BROWN STATED, "WHAT THE AGENDA PACKET STATES." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. r; p ❖❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORTS WERE HEARD NEXT, AS DOCUMENTED. • ❖ REPORTS REPORTS 407. Office Of The Mayor — The Honorable John F. Bush Mayor Bush mentioned recently being at a Sanford restaurant which had tri- folded table markers with local events printed on them. Mayor Bush gave one of these tri- folded table markers to Manager Smith. REPORTS 404. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner welcomed his guest Dr. Matt Herba. Dr. Matt Herba, 928 Oak Forest Drive, Winter Springs, Florida: addressed the City Commission on a possible Easter Egg Event to possibly be held at Trotwood Park on April 3 2010. Dr. Herba mentioned this Event would be a budget- neutral Event and that a local church would assist with this Event. Furthermore, Dr. Herba noted, "Hard costs would be handled." Commissioner Krebs suggested Dr. Herba get with the City Manager on this proposed Event. Mayor Bush added, "I would think the direction is to work with the Parks and Recreation Department and the City Manager." Commissioner McGinnis asked if the Church would be asking people to join? Dr. Herba stated, "No." Manager Smith commented, "I would approach this with Matt (Herba) - that any outside organization wishing to come to the City and put on an Event - e.g. the Highland Games or what not, then approach it from that respect ?" Commissioner McGinnis and Commissioner Krebs stated, "Yes." Hearing no objections, Manager Smith noted, "Be happy to do that." Commissioner Bonner added, "Exactly." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2010 PAGE 17 OF 17 In other City business, discussion followed with Chief Brunelle about a complaint of speeding on Sheoah Boulevard. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 6:42 p.m. 4r: RESPECTFULLY SUBMITTED: ANDREA LORENZO - LUACES, MMC CITY CLERK APPROVED. MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2010 City Commission Regular Meeting.