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HomeMy WebLinkAbout2009 04 13 Consent 207 Approval of Regular 2009 03 23 MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MARCH 23, 2009 CALL TO ORDER The Regular Meeting of Monday, March 23, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:38 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 Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATION WERE HEARD NEXT, IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation Of Resolution Number 2009-23 Recognizing Don Farnum For His 27 Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush, City Manager Kevin L. Smith, and Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department presented Resolution 2009-23 to Mr. Don Farnum for his many years of service to the City of Winter Springs. t~ C'~ Mr. Farnum addressed those in attendance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 2 OF 28 AWARDS AND PRESENTATIONS 300. Office Of The City Manager Presentation Of Resolution Number 2009-20 Recognizing Janice "Jan" Palladino For Her 20 Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush and Manager Smith presented Resolution 2009-20 to Ms. Jan Palladino for her many years of service to the City of Winter Springs. Ms. Palladino addressed those in attendance. AWARDS AND PRESENTATIONS 302. Office Of The City Manager Presentation Of Resolution Number 2009-24 Recognizing Bob Eckman For His 18 Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. This Agenda Item was not presented. AWARDS AND PRESENTATIONS 303. Office Of The Mayor Presenting Of A Proclamation Recognizing "Children's Week". Mayor Bush presented this Proclamation. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. No discussion. INFORMATIONAL 101. Public Works Department - Stormwater Division Providing Information To The City Commission On The Upcoming Florida Friendly Landscaping Workshop On Apri116, 2009. b d There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 3 OF 28 INFORMATIONAL 102. Public Works Department Providing The City Commission An Update On The Solary Canal Stormwater Treatment Area, Located On The West Side Of DeLeon Street In The City Of Winter Springs. f~ Discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works ,~a„~ Department. De ut Ma or Joanne M. Krebs commented on the current ownership by the St. Johns p Y Y River Water Management District and stated, "Ownership of the property would be transferred to Winter Springs -when will we know whether that is actually going to happen or when it actually does happen?" Mr. Fields explained, "We would bring that back as a part of a draft Interlocal Agreement for the Commission to consider, not only that aspect of it but all the aspects of the project. We're just developing a framework right now. Once we get a handle on how much the construction cost is, I think it's really going to dictate whether this is something we want to run with or not." With discussion, Deputy Mayor Krebs asked, "When would St. Johns [River Water Management District] transfer the ownership of the property; or have they agreed to do that?" Mr. Fields noted, "They are looking at that internally as well to see what their process is and what the requirements, costs would be; so, that's something we're working through right now." Mr. Fields added, "We can let you know as soon as we know, if that is something that is a viable option." Deputy Mayor Krebs stated, "I would very much like to know -maybe the other Commissioners would too." Mr. Fields nodded in agreement. Mayor Bush asked, "Do we have a Motion then on Informational [Agenda]?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 4 OF 28 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The February 26, 2009 Community Visioning Workshop Minutes. ;~ This Agenda Item was not discussed. CONSENT 201. Office Of The City Clerk Approval Of The March 9, 2009 Regular City Commission Meeting Minutes. No discussion. CONSENT 202. Office Of The City Clerk Approval Of The March 12, 2009 City Commission Workshop Minutes. There was no discussion on this Agenda Item. CONSENT 203. Public Works Department Requesting The City Commission Authorize The City Manager To Execute The Revised Agreement For Debris Removal Services With Ashbritt Environmental, Inc. This Agenda Item was not discussed. CONSENT 204. Office Of The City Manager Requests That The City Commission Recognizing The Retirement Of Office Palladino. Approve Resolution Number 2009-20 Of The City Manager Employee Jan No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 5 OF 28 CONSENT 205. Utility/Public Works Department Requests That The City Commission Approve Resolution Number 2009-23 Recognizing The Retirement Of Utility Department Employee Don Farnum. There was no discussion on this Agenda Item. _ CONSENT c, 206. Utility/Public Works Department Requests That The City Commission Approve Resolution Number 2009-24 Recognizing The Retirement Of Public Works Department Employee Robert ""' Eckman. This Agenda Item was not discussed. CONSENT 207. Office Of The City Manager And The Parks And Recreation Department Director Request That The City Commission Approve Resolution 2009-25 Recognizing The Retirement Of Parks And Recreation Employee Bonita (Bonnie) Roberts. There was no discussion on this Agenda Item. CONSENT 208. Utility Department Requesting The City Commission Execute The Third Addendum To The Effluent Disposal Easement Agreement With Tuscawilla Country Club. No discussion. CONSENT 209. Parks And Recreation Department Requesting That The City Commission Approve Resolution 2009-26, An Amendment To Resolution 2008-55, Which Established New Fees And Charges For Use Of City Facilities And Program Participation. This Agenda Item was not discussed. "MOTION TO APPROVE" [CONSENT AGENDA]. MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 6 OF 28 VOTE: COMMISSIONER BROWN: AYE :~ COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. e V REPORTS t.:~ REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager -Kevin L. Smith "Previously you had selected the date of April 11 (2009) for the Grand Opening of Trotwood Park -but, we're going to need to reschedule that. Chuck (Pula) will be bringing back an Agenda Item at the next Meeting to find another date." Mr. Chuck Pula, Director, Parks and Recreation Department explained, "We still have not been able to receive the Permit from the Department of Health for the operation of that particular splash playground and it's a very time-consuming process. They only have one (1) inspector that covers the whole state, and we're still not ready at this point to get that, but I do anticipate having a date and meeting the -deadlines." Further comments. Manager Smith also mentioned that "An organization by the name of `RelocateAmerica' has informed us that Winter Springs has been nominated for inclusion in their top 100 best places to live program. Quite frankly, I would like to look into this organization." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "We are currently looking into that." Furthermore, Mr. Stevenson added, "We should have an answer tomorrow." Mayor Bush suggested, "Would that be something we should maybe talk to some of the local Realtors about?" Mr. Stevenson responded, "Right." Mayor Bush then said to the City Commission, "If their finding is that this is legitimate, you have no problem with the City participating?" Commissioner Rick Brown stated, "None." No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 7 OF 28 In conclusion on this subject, Mayor Bush remarked to Manager Smith, "Your call on this Mayor." REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC ~ No Report. REPORTS 403. Commission Seat One -Jean Hovey Commissioner Jean Hovey thanked the City for allowing the Seminole County PTA (Parent-Teachers Association) to park at Central Winds Park in order to ride the bus to Tallahassee to attend an Event. Next, Commissioner Hovey commented about a recent meeting related to the proposed Ranchlands Paving. Mr. Fields noted, "The ballots are due this Friday and the results will be on the April 13~', [2009] Agenda." Mayor Bush mentioned an email from a resident who didn't seem to be aware of a Straw Ballot and stated, "I think I sent that onto Kevin (Smith) and asked him to respond to it." Manager Smith responded, "We'll look into that." REPORTS 404. Commission Seat Two -Rick Brown Commissioner Brown asked for an update on the 419 Metal Recycling Agreement issue. Mr. Stevenson explained, "There is really a four (4) prong approach here. We've completed two (2) of those. Anthony's (Garganese) office I believe has sent me the completed Easements -for the finalizing the Vacation. I haven't had a chance to look over those yet." Furthermore, the last two items that we're looking at on that involve the `C-2' usage that this Commission approved. We're going to be bringing back to you an Agenda Item I believe requested by Mr. Phillips to rethink, he would like to allow all of the `C-2' Uses. In other words it would be a straight rezoning to `C-2', rather than the restrictive `C-2', we'll be bringing that back to you -sometime in April, I would think?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 8 OF 28 City Attorney Anthony A. Garganese said, "Apparently there was some miscommunication - he thinks that he didn't get what he originally requested regarding :~ the frontage area, so that's going to have to go through a Re-Zoning to a straight `C-2' at his request, not a limited, restricted `C-2' Zoning. So, that is number one -and number two, with respect to the recycling facility, he would like to have metal recycling listed as ~..L. j a Permitted Use in the Industrial Zoning District, so that property is no longer aNon- Conforming Use." Mr. Stevenson added that Mr. Phillips "Said he was meeting with his Engineer, so I would assume the Application for the Re-Zoning to straight `C-2' would be in my office sometime fairly quickly. And, we will pursue that." Attorney Garganese added, "We were pretty clear that all that requires a Commission Policy decision on both of those, it's going to be your call ultimately, but that's what he is proposing." REPORTS 405. Commission Seat Three -Gary Bonner Commissioner Gary Bonner remarked, "I want to go ahead and thank the Manager for the handling of the Trotwood Park matter and the concerns that have been expressed by resident, Mr. Chuck Jenkins, and I thank you for communicating with him, and I compliment you on your thorough response that you and your team put together. So, I have no doubt that we're working in the right direction to address our citizens' concerns and thank you." Mr. Bonner commented on the City's Tree Removal Policy and stated, "The correspondence that I put forward to you, your staff did an excellent job on responding to that. I would like to recognize Steven (Richart) for his work in that regard, and on behalf of my fellow Commissioners, just to let you know, I had a constituent come forward who lives in my district, had a mature tree that sustained damage during -one of the hurricanes -and has been declining in health from their interpretation over some time. It is a mature tree, quite large in size, and so if you go through the process of removing the tree, even though it's declining in health, it is still alive. Also it is encumbering their sewer system, and causing them some difficulty relative to that. So, it is a classic situation of the resident desires to remove the tree; the tree is quite large; therefore necessitating treatment under our Policy of a replacement of three (3) Tree Credits, as our Policy governs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 9 OF 28 This particular resident's property is heavily forested. They did not have the desire to add any trees to their property - or replace the tree, where it's at because of the complication with their sewer system. So, the only recourse that appeared to be available to them was to remove the tree at great expense and pay a penalty under our policy associated with the impact of the three (3) tree credits because the replacement of the three (3) trees would not occur." Continuing, Commissioner Bonner suggested, "I also brought forward a suggestion that I think might be an idea that has some merit that I am going to ask Staff to work further on, and that idea was -what if the citizen, since they didn't want to put the trees back on their own property, what if they gave the trees to the City, or gave the benefit of purchasing power for the trees to the City and then the City could decide to place those trees somewhere else in the City and benefit and maintain our Tree City status; maintain or grow the tree canopy, but not necessarily force the resident to place the trees back on to their property, since that's not really what they wanted to do and/or subsequently turn around and fine them for violating the current Policy." Commissioner Bonner noted, "Kevin (Smith) and his Staff are doing a great job of evolving the response to that." Manager. Smith said, "It probably would be most appropriate if we did bring this item back to you for consideration of the comments that you have made, for education of yourself and Commissioner Hovey, and maybe a refresher course for the balance, of the Commission to talk about all these issues." Commissioner Bonner said, "And I am fine with that; absolutely, I don't want to take up the time and attention of the Commission tonight, but certainly the more I dug into this, the more I learned, it is a classic `Where is the information'; `How are we communicating it to our folks'. We are all addressing communication as we know, `What are the Policies'; `How can I represent the City Policies out to the public having that knowledge myself ;and would there be some additional options- available to citizens to solve the problem and not necessarily just put them in penalty box?" Commissioner Bonner then said, "I look forward to that at a future Commission Meeting." Manager Smith stated, "We'd be happy to do it." Commissioner Bonner said, "I think in the spirit of customer service, my recommendation is that while we are addressing not only the clarification and the availability of the information, that we address the opportunity for this to be a success story in our customer service skills as a City organization." b d CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 10 OF 28 Deputy Mayor Krebs stated, "I think it is so important we have a strict Tree Policy - we have people planting invasive trees in our City, things that we don't want, and we -really ~ do have to be very careful in that." :~ Continuing, Deputy Mayor Krebs mentioned, "You don't have to plant the trees in your yard, but quite often it is cheaper to pay to the tree bank than it is to actually go out and buy the trees that you would be responsible for replacing. And I think they need to know that, and going forward in the future, if we do have communication that goes, especially G7 on something like this, to a Commissioner, where there is an issue with a citizen or citizens, I would certainly like a copy of that as well as the response back from Staff, because someone else may come up and ask me that question. I wouldn't know what they were talking about, and I would really like to know that." Further discussion. Discussion. Next, Commissioner Bonner congratulated Commissioner Sally McGinnis and Deputy Mayor Joanne M. Krebs for being selected for a Seminole County Outstanding Women Award; and stated, "My hat's off to both of them for their recognition by Seminole County at large and for the honor and for the honor that it bestows on our City and on the dais." Commissioner Bonner noted a vacancy on the Oak Forest Wall Beautification District Advisory Committee under his Seat; and noted that he would bring back an Appointment for consideration. Next, Commissioner Bonner commented on the Town Center and suggested a possible "Ad Hoc Committee Task Force or Review Committee to possibly evaluate all of the Town Center things that we are about to address and provide some additional feedback and citizen input into the entire Town Center plan and its direction." Manager Smith remarked, "We were going to bring back the presentation from Randy (Stevenson) to educate the Commission. My thought at that point in time was not to solicit input from the citizens, however, it could be a good opportunity if you all desire to do both at the same time, or we could do a step process where we have the Commission hear from Randy (Stevenson) first and then bring it to a next citizen input type process." Commissioner Bonner added, "When we address that as a Commission for the benefit of my peers, that it may be a time to discuss whether or not we want to bring additional citizen participation and dialogue into the process." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 11 OF 28 Additionally, Commissioner Bonner stated, "One of the issues we dealt with on the Workshop this past weekend, centered in the area of Economic Development; so, another thing I want to float out there for the Commission's thought as we go into the Budget cycle, and for you the Manager, as we go into the Budget cycle, is if the time has come for us to have some form of dedicated representation on City Staff whose focus is exclusively Economic Development - so, I just want to make sure we keep that on the forefront." Manager Smith said, "I can assure you it is." Commissioner Bonner said, "I want to compliment Staff -terrific Workshop this past weekend. Wonderful to be able to address all the vision statements of our community" and Commissioner Bonner mentioned the final comments that Mayor Bush, Commissioner Jean Hovey and Commissioner McGinnis needed to submit. Manager Smith said, "Ms. (Marilyn) Crotty was going to bring back the information to me. Then, I'll disseminate it to Commissioners Hovey, McGinnis and the Mayor for their Votes; and then back to Ms. Crotty for final compilation of the Report." REPORTS 406. Commission Seat Four -Sally McGinnis Absent. REPORTS 407. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Deputy Mayor Krebs commented, "I too wanted to thank the Staff for all of their input during our Goal Setting Session, it was really nice to see the free-flowing thoughts that all of you had, and it was really welcomed, so thank you for participating." Deputy Mayor Krebs brought up the recent Mardi Gras Event and suggested that different beads be used next time. With further comments, Deputy Mayor Krebs commented on a recap meeting she attended and said "Kudos to all of you for that too." Deputy Mayor Krebs asked Commissioner Bonner what kind of citizens' information were you looking to receive for Town Center? Commissioner Bonner said, "There was such a great deal of comment about the Town Center from the citizens, and it is a very common topic to talk about - I mean the topics range from parking to signage to access to pedestrian friendly to vehicle parking friendly and so on, so forth. b t~ d CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 12 OF 28 I know we are going to see the benefit of the master design and what it will look like in its end product, but I can also tell you that my impression is that the citizens don't really have a full understanding of the end game -what is the Master Plan -there may be some opportunity to engage the citizens in some method. It is really just closing the gap on everyone embracing what we are trying to accomplish there at the Town Center." F~ Commissioner Bonner added, "At the least, Commissioner, again, this is in the spirit of communication -the more we can communicate the better -our citizens just really don't know what the plan is - as you walk around and talk to folks, you get a broad tapestry of opinions and understandings about what the Town Center Plan is. So, I look forward to the education for us and then the opportunity to educate the citizens." REPORTS 408. Office Of The Mayor -John F. Bush Mayor Bush stated, "We need to discuss a date for a joint Oviedo-Winter Springs Meeting between their Council and our Commission. This will be hosted by Oviedo in May or June." Discussion followed on possible dates. Tape 1/Side B Mayor Bush noted, "At this Meeting, I think it would be a good idea that we ask for their Water Conservation person - is everybody okay with that?" Mayor Bush added, "So if that is okay with everybody, we might ask that maybe they can work him in to the meeting." No objections were voiced. Mayor Bush mentioned receiving a letter and an American Flag which had been flown in Iraq during "Operation Iraqi Freedom" from a citizen of Winter Springs who is serving in Iraq. Mayor Bush then asked, "Any objection to us flying this flag over the Veteran's Memorial?" Commissioner Brown stated, "Absolutely not." Deputy Mayor Krebs said, "No objection at all." Further comments. Next, Commissioner Bonner was recognized on his Birthday. Further comments followed on possible dates for a joint Oviedo-Winter Springs Meeting and the dates agreed upon were: Tuesday, May 19~`, 2009; Monday, June 1 S`, 2009; and Tuesday, June 2"d, 2009." CITY OF WINTER SPRINGS, FLORIDA MINiJTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 13 OF 28 Mayor Bush called a Recess at 6.•31 p. m. The Regular Meeting reconvened at 6: 46 p. m. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney Requests That The City Commission Consider On Second Reading The Adoption Of Ordinance No. (Number) 2009-05, Providing For A Referendum To Authorize The City Commission To Grant Economic Development Ad Valorem Tax Exemptions For Certain Types Of Statutorily Defined New Businesses And Expanding Businesses. Attorney Garganese read Ordinance 2009-OS by "Title" only. Note: Due to technical d~culties, the next audiotape was used. Tape 2/Side A 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. Commissioner Brown asked about costs for a Special Election. City Clerk Andrea Lorenzo-Luaces commented that she had contacted the Seminole County Supervisor of Elections after the previous discussion and added, "I will keep trying." Attorney Garganese stated, "The way the Ordinance is drafted now -the Referendum will be no later than the Gubernatorial Election in 2010. If Andrea (Lorenzo-Luaces) can put together a Budget and the City Commission wants to give the green light to hold that Referendum sooner, this Ordinance says that the Commission can do that. It would be your call." Furthermore, Attorney Garganese suggested, "You probably should get all the data after you talk to the Supervisor (of Elections), provide the options to the Commission. If you want to hold a Referendum sooner, you certainly can do that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CTTY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 14 OF 28 Deputy Mayor Krebs asked, "Are you also addressing the mailing out of just ballots as - the Election?" Attorney Garganese stated, "I can work with the Clerk and put together an Agenda Item and that could be one of the things that we address." Deputy Mayor Krebs added, "I would like to know what the cost is for that too." "MOTION TO APPROVE" (ORDINANCE 2009-05). MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney And Community Development Department Requests That The City Commission Hold A Public Hearing For The First Reading Of Ordinance No. (Number) 2009-04, Which Revises The Building Setback Requirements For Zero Lot Line Developments Within The PUD (Planned Unit Development) Zoning District. Mayor Bush asked, "Can we have a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2009-04 by "Title" only. Mr. Stevenson spoke on this Agenda Item. d With discussion, Mr. Stevenson stated, "This Ordinance is a minimum PUD (Planned Unit Development) setback." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE I S OF 28 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one addressed the City Commission. Mayor Bush closed the "Public Input" portion of the Agenda Item. ~~ "MOTION TO MOVE (ORDINANCE 2009-04) TO SECOND READING." ~"",~ MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. ~„ VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office Of The City Attorney And Community Development Department Request The City Commission Hold A Public Hearing For The First Reading Of Ordinance 2009-02, Which Revises The Chapter 20, Division 2, Motor Vehicles Portion Of The City Code, To Prohibit Parking Vehicles On Sidewalks And In Front Yards. Mayor Bush asked, "We need a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Deputy Mayor Krebs remarked, "When you say on the driveway, I think we had talked a little bit last time about some of our residents who have put pavers to the side, or mulched areas to the side, that were neat, but -some who just had single car garages where that is all they have is just that single driveway and we had talked about that neat area being acceptable and I don't see that in this Ordinance." CITY OF WINTER SPRINGS, FLORIDA MINiJTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 16 OF 28 Captain Glenn Tolleson, Code Enforcement Bureau, Police Department explained, "Basically, we have to have a minimum of thirty-six inches (36") to allow and to be able to stay with the ADA (Americans with Disabilities Act) Code under the Florida Accessibility Code. If you're blocking the driveway, you're removing them from the sidewalk, through grass, and if it's a person with a wheelchair or some other disability that can't negotiate that because the sidewalks are a facility of the City, we can be held liable." Deputy Mayor Krebs inquired, "Why did we go through making our sidewalks all ADA (Americans with Disabilities Act) compatible? ADA (Americans with Disabilities Act) addresses aprons?" Captain Tolleson stated, "It addresses the sidewalks, but the way it's currently designed, if you block the driveway or you block the sidewalk, you are going to push them into vegetative area prior to that." Deputy Mayor Krebs continued, "Does ADA (Americans with Disabilities Act) specifically talk about the aprons of driveways?" Captain Tolleson said, "No." Deputy Mayor Krebs continued, "But they do talk about sidewalks...." Captain Tolleson noted, "...Yes..." Deputy Mayor Krebs added, "I am just really concerned why you would do that to all the aprons when some of these houses have very, very little space that you could take a little car and actually - if you had a visitor, in the areas where you're not allowed to park on the street, to allow a parking of a vehicle there." Captain Tolleson added, "That is correct." With further comments, Deputy Mayor Krebs continued, "Our sidewalks in Winter Springs are ADA (Americans with Disabilities Act) compliant, aren't they?" Captain Tolleson said, "Yes." Deputy Mayor Krebs then said, "So, then I don't think we need that, if that's for ADA (Americans with Disabilities Act). If it is for another reason, I would like to know that, but if ADA (Americans with Disabilities Act) doesn't specifically say that..." Captain Tolleson noted, "...It specifically talks about having thirty-six inches (36") of square maneuverability from sidewalk as it progresses through." Deputy Mayor Krebs added, "Then what also concerns me is that if we wanted to say that is what it was for, then people would actually use that." Additionally, Deputy Mayor Krebs remarked, "I do question that, especially - in many instances, the lack of parking that is available to citizens right now; and now, we are taking something away from them - which is parking really anywhere that they feel like it; but, I would really like to address or I hope this Commission will address the actual spaces that people have created or put to the side so that they could have an additional car." d CITY OF WINTER SPRINGS, FLORIDA MINUTES CTTY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 17 OF 28 Captain Tolleson stated, "I am trying diligently to get it all put together among other projects; and I want to come back to the Commission because, actually, in some instances you're taking two (2) things away from people. You are taking away the apron and you're taking away their front yards, depending on where they're at." Additionally, Captain Tolleson noted, "This Ordinance doesn't address anything except for parking in the front yard, and blocking the driveway -and the apron." Deputy Mayor Krebs added, "It says the parking of any vehicle within the front yard of any residential lot, shall be prohibited, unless said vehicle is parked on a driveway - if we're not prepared, if this isn't exactly what we want, then why are we hearing this Ordinance right now? You're going to just have to go back and re-draft it again." With further comments, Captain Tolleson stated, "There are some other options just specifically like we looked at this picture here, and some are done very nicely." Captain Tolleson added, "Actually, I was going to bring back one - to see if the Commission would be in favor of putting it in there, to allow these pavers that we have seen out there. They are really good for the soil, part of the mulched areas and within the guidelines of their driveways." Deputy Mayor Krebs suggested, "I think that should be in the Ordinance." Discussion. Commissioner Bonner said to Captain Tolleson, "When the topic of parking on the apron, the paved driveway apron was discussed with the LPA (Local Planning Agency) was it their recommendation that that not be permitted?" Commissioner Bonner added, "Do you know why that was recommended that way -not to park on the paved apron?" Captain Tolleson stated, "No." Commissioner Bonner said, "The way it is drafted today, right now, the apron would be prohibited to be parked on?" Captain Tolleson stated, "Yes." Commissioner Bonner continued, "From my perspective, not knowing why the logic of that was brought forward, I would say the draft is flawed." Discussion followed with Captain Tolleson and Chief of Police Kevin Brunelle on the definition of "Driveway". Encroachments were also addressed. Commissioner Bonner suggested, "Why not just write the Ordinance so it says you have got to leave thirty-six inches (36") or thirty-nine inches (39"), whatever the ADA (Americans with Disabilities Act) rule is, and then it all boils down to, did you leave a big enough gap?" d CITY OF WINTER SPRINGS, FLORIDA MINUTES CrrY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 18 OF 28 Chief Brunelle explained, "If we do the `No in the yard, no on the driveway - on the sidewalk, and nothing in the street,' then we're not giving people who have multiple family members that have vehicles, much option." Commissioner Bonner said, "I couldn't agree with you more, Chief. Clearly, the spirit and the intent of this was that we don't want parking on grass, and we don't want folks blocking handicapped citizens, and we don't want our cars spilling out and blocking our public safety in the road; but we want to give them every possible solution that doesn't cross any of those lines." Deputy Mayor Krebs asked, "We're saying here that you can't encroach over the sidewalk now with your car and you can't park on the apron." Chief Brunelle stated, "...Correct..." Deputy Mayor Krebs continued, "...If you can't encroach on the sidewalk -why then can you not go ahead and park on the apron?" Attorney Garganese explained, "Perhaps we can add some language that parking on the apron is okay, providing the vehicle doesn't protrude into the sidewalk or the right-of- way, because there is an ADA (Americans with Disabilities Act) issue about keeping the sidewalks free from obstruction. And I think adding some language - if there is room to park on the apron." Further discussion followed on the definition of a driveway. Pointing to a photograph, Deputy Mayor Krebs inquired, "How, with this -Ordinance - how would we be able to determine that was a driveway or not, or would we?" Chief Brunelle stated, "There is nothing in this Ordinance to address that; because it doesn't say paved, mulched, concrete, gavel. It just says driveway." After more discussion, Deputy Mayor Krebs remarked, "The problem we are going to have is if we don't define it, then to whoever made that point before about possibly driving up in the middle -somebody putting a mulched driveway in the middle of their lawn -and that is not the spirit here - but, I still think this needs work - I don't see how we can pass something that still needs work." Commissioner Brown said, "Since the State clearly defines the ADA (Americans with Disabilities Act) access, do we need to have that in our Ordinance? If we're saying people can't park in their yard, the State already clearly defines the ADA (Americans with Disabilities Act) requirements for a sidewalk. Iisn't that enough?" b d Captain Tolleson noted, "Yes, Sir. The City has adopted all the International Code Council, as well as the Florida Building Code covers the ADA (Americans with Disabilities Act)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 19 OF 28 Commissioner Brown added, "So, we do not need to re-state that?" Captain Tolleson ~ commented, "No." Commissioner Brown continued, "And, if we took the part out about the apron, because I can tell you in my neighborhood, in order for people not to park on their yard, which has never been an issue, but also not park on the street, there is room in some of the driveways to parallel park on the apron and not encroach on either the right- of-way or the sidewalk. So, if we took out the wording about what would be redundant, ~' which would be the ADA (Americans with Disabilities Act) access; put in the wording that we cannot park on the front yard, and let street parking take care of itself without mention to the apron; I think we have accomplished everything." Captain Tolleson mentioned, "On page 2 of 3 [proposed Ordinance 2009-02], Section 20- 438., (b) -actually would do all of that if you took out after it says `the term sidewalk shall include the actual sidewalk', leave that and then take out also `the area between the sidewalk and the edge of the street', road or curbed area, which would be your apron." Discussion. Commissioner Hovey said, "I think if we take that apron out, I think that would be better." Deputy Mayor Krebs noted "Small areas, especially in the curved driveways." Deputy Mayor Krebs added, "What are you going to do about that and how are you going to address that in -this Ordinance?" Chief Brunelle said, "Right now, there is no definition in the Ordinance for the driveway." Furthermore, Chief Brunelle noted, "I agree with you, it should have some type of language in there that states, `What is an acceptable driveway; how you can build a driveway, and what you can do to that.' My opinion is it's not ready to move forward until we have that text in there." Deputy Mayor Krebs commented, "I couldn't agree with you more, Chief." Mr. Stevenson suggested, "There are several issues we need to take a look at. My first response would be to define the driveway as allowing the increase in width of one (1) car, for one (1) car, along one (1) side. They can't widen it for four (4) cars in the front yard, this type of thing; and they also have to be cognizant of drainage and of any Easements that are along the property lines. So, if we would define, maybe add a definition of driveway or this attempt at parking along the side as being the width of one (1) car along one (1) side of the driveway, not encroaching into any Easements." Deputy Mayor Krebs asked, "What if it is not paved in any way? Suppose, it is just lawn, and they just pull up. So, you're going to have to say with the following materials, or something like that." Mr. Stevenson noted, "It would have to be a prepared space." Deputy Mayor Krebs asked, "In the beginning would you want to see that just not controlled other than by the homeowner? So, in other words, you are not permitting it, or are you permitting it?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 20 OF 28 Mr. Stevenson remarked, "I think it may be something we want to look at from a ~= Permitting standpoint, for several reasons. First of all, to control the width -second of all the appropriate material; thirdly is drainage; and fourthly to making sure we don't have ~~ any encroachments over established Easements..." ~ Deputy Mayor Krebs suggested, "... Then I think you need to write that in. If you want it `"'~ to be enforced, it is going to then have some kind of guidelines like that." Deputy Mayor Krebs then noted, "I think compatibility might come into -play with that as well." Tape 2/Side B Furthermore, Deputy Mayor Krebs asked, "Isn't that compatible out in the Ranchlands?" Referencing photographs, Captain Tolleson explained, "It is in the Ranchlands, but we're - going to have to be able to address these, because this house is fairly new, and this is what they've decided for their driveway, because it's not permitted. It says you can have one (1) driveway if you have sixty-five feet (65'), sixty-five (65) or more you can have two (2) driveways. So, those are some of the issues that are going to come up, is those various materials. And we're going to have to, that particular home there is not evf;n completed yet, and that's their intended driveway." Further discussion followed on complaints and enforcement. Commissioner Bonner remarked, "What we are really talking about is the `Parking surface'; the `vehicle parking surface', as opposed to the `driveway', which is the passage the vehicle takes to get to the vehicle parking surface. So, maybe there is, in the example of the Ranchlands, with the elongated dirt driveways, because they have lots of property and they are set back, those are driveways, not parking surfaces. When they get to their parking surface, I will bet you they have a concrete pad that they are parking their cars on and they are not parking them on dirt." Additionally, Commissioner Bonner suggested, "We are really talking about what is the destination, the parking surface, as opposed to the driveway that requires definition." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: spoke on what the Local Planning Agency had considered; the apron; parking; and hoped the City Commission would come up with more defined places for parking. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 21 OF :Z8 "I WOULD LIKE TO MAKE A MOTION TO MOVE THIS TO SECOND READING - I WOULD LIKE TO INCLUDE THOSE DISCUSSIONS THAT WE HAD REGARDING THE APRON, THAT PARKING BE ALLOWED ON THE APRON. BUT, FOR THE NEXT READING, I WOULD ALSO LIKE SOMETHING TO BE INCLUDED ABOUT WHERE AND HOW THESE PEOPLE CAN PARK - IN OTHER WORDS, THE DESCRIPTION OF HOW THEY CAN PARK; WHETHER THEY MAKE THEIR OWN SURFACE; WHAT KIND OF MATERIAL THEY USE; WHETHER IT IS -ONE (1) CAR WIDTH, IF IT IS IMMEDIATELY TO -PLEASE TAKE INTO CONSIDERATION ALL OF THAT FOR THE NEXT READING AND WE CAN DECIDE TO PASS IT OR NOT, AT THAT TIME - OR SEND IT BACK, OR SOMETHING ELSE." MOTION BY DEPUTY MAYOR KREBS. DEPUTY MAYOR KREBS NOTED, "TAKE OUT THE PROHIBITING THE APRON PARKING." FURTHERMORE, DEPUTY MAYOR KREBS SUGGESTED, "AT THE NEXT READING, COME BACK WITH - ADDITIONAL INFORMATION ON HOW THEY CAN PARK IN A DRIVEWA :t', NEXT TO THE DRIVEWAY -WHAT KIND OF SURFACE CAN BE USED FOR THAT." ADDITIONALLY, DEPUTY MAYOR KREBS NOTED, "DEFINE TH:E PARHING AREA THAT CAN BE UTILIZED." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. ATTORNEY GARGANESE SUGGESTED, "I WOULD RECOMMEND THAT WE JUST BRING IT BACK FOR STAFF WORK AND THEN COME BACK FOR FIRST READING AGAIN." VOTE: COMMISSIONER HOVEY: NAY COMMISSIONER BONNER: NAY COMMISSIONER BROWN: NAY DEPUTY MAYOR KREBS: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE TURN THIS BACK T'O STAFF IN WHATEVER WAY THEY WOULD LIKE TO DEAL WITH THIS - EITHER THROUGH THEMSELVES OR BACK TO THE LPA (LOCA.L PLANNING AGENCY) WHICH IN MY OPINION WOULD BE THE BEST PLACE TO DO THIS -AND THEN HAVE IT COME BACK TO STAFF FOR REVIEW BEFORE IT COMES BACK TO US FOR FIRST READING,." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. _,~ . b d CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSIOK REGULAR MEETING -MARCH 23, 2009 PAGE 22 OF 2'.8 VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE ~ COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used. REGULAR 601. Not Used. - REGULAR 602. Community Development Department And Parks And Recreation Department Wish To Update The City Commission Regarding Options For A Farmer's Market In The City Of Winter Springs. Mr. Stevenson introduced this Agenda Item for discussion. Commissioner Brown commented, "I like `Location [#]4', for the following reasons, it eliminates the requirement for the Vendors to have sepazate Insurance Policies. Thf;y would fall underneath the City's Insurance. It also gives us the opportunity ~~f eliminating them from having additional City licenses. We could adopt what Lake MaJry does. I like the idea of contracting out services to run it. I would leave it to Staff to work with whoever your contracted manager would be to develop the rules of operation and I thillk the City should invest in advertising, in the banners and both on the Website. Those would be my recommendations. And, then I would look to you and your Staff to put that together and bring it back to us for Approval." Deputy Mayor Krebs said, "I, too, like `Location #4' for similaz reasons. I also think that to have something out where everybody can see it in the very beginning, gets it established, and if and when the time comes, and we hope it does, that it gets too big for that azea, that it can then be moved. City Hall is `Location #4'. It could be moved at tl:~at time and everybody would follow. I don't think there is a problem there. CITY OF WINTER SPRINGS, FLORILIA MINUTES CITY COMMISSICIN REGULAR MEETING -MARCH 23, 2009 PAGE 23 OF 28 I do think you probably need to have somebody to oversee it from the City. I would like also when you find your manager - if you go out to get more than one that you have them bring to you a plan, because I think that is really important; and yes to investing some money in banners and things like that. And, do we even have fifty (50) year -banners ~„ up. Mr. Stevenson answered, "What you see does not exist. It's amock-up of some things Staff has been working on. Nothing has been approved by this Commission." Manager Smith added, "Coming to the City Commission at the next Meeting." Deputy Mayer Krebs remarked, "I am not sure why we don't, since we are celebrating fifty (50) years." Mr. Stevenson explained, "As we are talking about `Location #4', please be aware that we would be working with the Fire Department because obviously we have to maintain their access and egress from City Hall and from the Fire Station. I believe that is why vve have moved it to the western parking lot." Deputy Mayor Krebs inquired, "Would you be able to put some of that area underneath the trees in the front?" Mr. Stevenson responded, "I think that's up to the Commission. I do know that if we put it on the grass, and I've seen this happen in the past; there was substantial wear and tear on the sod. Matter of fact, one City on the east coast had it in front of their City Hall slid they within about two (2) months moved it to a local park because of just that, the wear and tear on the sod was just unmaintainable. That's why site `[Location #]4' as St<~ff understood it, and please correct me if I was wrong, was in the parking lot area." Commissioner Bonner said, "I too, of the locations presented, [`Location #]4' seems tlhe most logical only because of the reasons that Commissioner Brown mentioned. However, I do question, if we haven't explored any other locations, aside from the ones presented, there could be other plaza owners in our City who would welcome the addition of the Farmer's Market to promote their business location as well. An example that I am thinking of, the Villagio Plaza, which is a wonderful Plaza, that i~; a bit challenged to fill its retail space right now; or I will throw away-outside pitch here - ifthe owner of the Winter Springs Golf Course would like to have that facility experience some renaissance, and certainly it could accommodate parking, and we have some experience with that property and it might attract some customers from Casselberry a~rld Longwood to come over to our Farmer's Market as well; so, just some additional ideas to toss out there. But of the ones you presented, [`Location #]4' appeals to me the most." d Mr. Stevenson stated, "In answer to your question, Commissioner, we did not discuss the Winter Springs Golf Course, but we did consider Villagio and Venetian Square - there was a request to stay in or near the Town Center." CITY OF WINTER SPRINGS, FLORIDA MINUTIiS CITY COMMISSION REGULAR MEETING -MARCH 23, 20199 PAGE 24 OF :Z8 Commissioner Bonner noted, "Just thinking that those Developers or those Plaza owners, they might be willing to kick in as it were, because they would love to have the added traffic for their Plaza's too." Commissioner Brown suggested, "I think when you are trying to start up a Farmer's Market that is suffering from lack of traffic to begin with, putting them into a Plaza that is suffering from lack of traffic probably kind of defeats the purpose. I think probablly starting it out in City Hall, which doesn't benefit any business sectors, but gives it the prime visibility on (State Road) 434, which is what I think we were after, just so it is readily visible and people can access them easily." Commissioner Bonner stated, "Goad arguments." Mr. Stevenson added, "One of the things that Staff would also request direction in, in the make-up of this, if you're looking at some of the Policies and Procedures there; they're very succinctly defined what is allowed, they even give it a certain, only so much can lie this type of use. When we're talking about a Farmer's Market, it's usually -orchids, certainly produce, farm produced types of things. Some of them, I think Angie (Federici) has some of these that are hand crafted arts and crafts and so-forth; I would also like some direction from you as to whether or not you want to include those types of Vendors as well." With further comments, Deputy Mayor Krebs said, "Since you are asking, I thillk traditionally, arts and crafts usually are allowed in a lot of these, somewhere betwe~;n October and Christmas, because that is the season. I guess we don't have to reinvent t1:Ie wheel, it looks like it has already been done here." Mr. Stevenson said, "In speaking to some of them, I think Sanford allows those types of things year round, if I' m not mistaken. Last week of every month, they open it up to hand-made crafts. So -we'll certainly write that in and bring you back..." Deputy Mayor Krebs suggested, "...Bring us back a couple of them..." Mr. Stevenson noted, "...Yes, we will. And we'll work with Angie (Federici) and her group as well." Commissioner Brown said, "Randy (Stevenson), I fully trust that you will investigate our competition and bring back a proposal that incorporates what they are doing; so, that ~~ve can be fair to our Vendors as well." ;~ .r~l, r. b C~ d Commissioner Bonner said, "Most of the other cities have a definition. It is a percent of this and a percent of that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 25 OF 28 "I WOULD LIKE TO MAKE A MOTION THAT WE ASK STAFF TO COME BACK WITH A RECOMMENDATION ON ALL THE THINGS THAT WE TALKED ABOUT FROM LOCATION TO RULES OF OPERATION TO CONTRACT OPERATION TO A LIST OF ACCEPTED AND UNACCEPTED - VENDORS AND ADVERTISING AND THE ADVERTISING INVESTMENT THAT WOULD BE REQUIRED FROM THE CITY IN DOLLARS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. DEPUTY MAYOR KREBS ASKED, "WOULD THAT ALSO INCLUDE THE PRICE OF INVESTMENT FOR FLAGS?" COMMISSIONER BROWN STATED, "YES -COME BACK IN TERMS OF DOLLARS AS TO WHAT THEY WANT FOR ADVERTISING." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 603. Office Of The City Manager Related To Holding A Business Community Visioning Workshop; Select A Date For This Meeting And Give Approval To The City Manager To Sign A Contract With The Florida Institute Of Government As The Facilitator For This Business Community Visioning Workshop. Discussion ensued on using a different facilitator for this Business Community Visioning Workshop. "MOTION TO APPROVE `603'." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Cr CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 26 OF 28 Discussion then ensued on possible dates for this Business Community Visioning Workshop. Deputy Mayor Krebs suggested the "9~'" of June. Commissioner Brown agreed and stated, "Yes." Mayor Bush summarized, "June the 9th?" No objections were voiced. Furthermore, Mayor Bush remarked, "June the 9~' - 7:00 p.m. Everybody okay with that?" Deputy Mayor Krebs stated, "Perfect." Commissioner Brown and ~•~ Commissioner Hovey said, "Yes." ~~ Mayor Bush said to City Clerk Lorenzo-Luaces, "You will confirm with Ms. (Marilyn) Crotty?" City Clerk Lorenzo-Luaces stated, "Okay." As to the location for the Business Community Visioning Workshop, Mayor Bush suggested, "City Hall." Commissioner Brown added, "I think City Hall, in the (Commission) Chambers." Deputy Mayor Krebs also said, "I think City Hall too - we are just going to need to know where exactly she needs to set up." Commissioner Brown noted, "In the Chambers." Deputy Mayor Krebs also stated, "I think the Chambers too." Manager Smith commented, "I trust the Commission is comfortable with the similar advertising strategies that we employed with the Community..." Mayor Bush stated, "...You did a good job!" REGULAR 604. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement With The Lowest Responsive Pre-Qualified Bidder(s) For The Restoration Of City Waterways At Five Locations Damaged During Tropical Storm Fay. Mr. Fields addressed the City Commission on this Agenda Item. Discussion. Tape 3/Side A Further discussion. "I WILL MAKE A MOTION THAT WE ACCEPT STAFF'S RECOMMENDATION." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: NAY COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 27 OF 28 REGULAR 605. Parks And Recreation Department Requesting That The City Commission Approve A Supplemental Appropriation From General Fund Reserves Up To The Amount Of $27,484.00 To Provide The Funding To Re-Roof The Civic Center By Collis Roofing Company. Mr. Pula spoke on this Agenda Item. Mayor Bush inquired, "When can they do it?" Mr. Pula responded, "As soon as we can execute a Contract within two (2) weeks." "MOTION TO APPROVE THE ITEM AND GET IT DONE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 606. Not Used. REGULAR 607. Office Of The City Clerk Requesting The City Commission Consider If They Wish To Require All City Of Winter Springs' Municipal Election Candidates To Use The Seminole County Supervisor Of Elections' "Online Treasurer Reporting System." Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. t~ d CITY CLERK LORENZO-LUACES ASKED, "IS THAT TO BRING BACK AN ORDINANCE FOR APPROVAL?" COMMISSIONER BROWN STATED, "YES." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 23, 2009 PAGE 28 OF 28 VOTE: ~-~ COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Further brief discussion followed on the proposed dates for the Joint Meeting with the .... City of Oviedo. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:25 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2009 Regulaz City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MARCH 23, 2009 CALL TO ORDER The Regular Meeting of Monday, March 23, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:38 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 Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. ? ? AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATION WERE HEARD NEXT, IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. ? ? AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation Of Resolution Number 2009-23 Recognizing Don Farnum For His 27 Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush, City Manager Kevin L. Smith, and Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department presented Resolution 2009-23 to Mr. Don Farnum for his many years of service to the City of Winter Springs. Mr. Farnum addressed those in attendance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 2 OF 28 AWARDS AND PRESENTATIONS 300. Office Of The City Manager Presentation Of Resolution Number 2009-20 Recognizing Janice "Jan" Palladino For Her 20 Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush and Manager Smith presented Resolution 2009-20 to Ms. Jan Palladino for her many years of service to the City of Winter Springs. Ms. Palladino addressed those in attendance. AWARDS AND PRESENTATIONS 302. Office Of The City Manager Presentation Of Resolution Number 2009-24 Recognizing Bob Eckman For His 18 Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. This Agenda Item was not presented. AWARDS AND PRESENTATIONS 303. Office Of The Mayor Presenting Of A Proclamation Recognizing "Children's Week". Mayor Bush presented this Proclamation. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Public Works Department - Stormwater Division Providing Information To The City Commission On The Upcoming Florida Friendly Landscaping Workshop On April 16, 2009. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 3 OF 28 INFORMATIONAL 102. Public Works Department Providing The City Commission An Update On The Solary Canal Stormwater Treatment Area, Located On The West Side Of DeLeon Street In The City Of Winter Springs. Discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works Department. Deputy Mayor Joanne M. Krebs commented on the current ownership by the St. Johns River Water Management District and stated, "Ownership of the property would be transferred to Winter Springs - when will we know whether that is actually going to happen or when it actually does happen?" Mr. Fields explained, "We would bring that back as a part of a draft Interlocal Agreement for the Commission to consider, not only that aspect of it but all the aspects of the project. We're just developing a framework right now. Once we get a handle on how much the construction cost is, I think it's really going to dictate whether this is something we want to run with or not." With discussion, Deputy Mayor Krebs asked, "When would St. Johns [River Water Management District] transfer the ownership of the property; or have they agreed to do that?" Mr. Fields noted, "They are looking at that internally as well to see what their process is and what the requirements, costs would be; so, that's something we're working through right now." Mr. Fields added, "We can let you know as soon as we know, if that is something that is a viable option." Deputy Mayor Krebs stated, "I would very much like to know - maybe the other Commissioners would too." Mr. Fields nodded in agreement. Mayor Bush asked, "Do we have a Motion then on Informational [Agenda]?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 4 OF 28 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The February 26, 2009 Community Visioning Workshop Minutes. This Agenda Item was not discussed. CONSENT 201. Office Of The City Clerk Approval Of The March 9, 2009 Regular City Commission Meeting Minutes. No discussion. CONSENT 202. Office Of The City Clerk Approval Of The March 12, 2009 City Commission Workshop Minutes. There was no discussion on this Agenda Item. CONSENT 203. Public Works Department Requesting The City Commission Authorize The City Manager To Execute The Revised Agreement For Debris Removal Services With Ashbritt Environmental, Inc. This Agenda Item was not discussed. CONSENT 204. Office Of The City Manager Requests That The City Commission Recognizing The Retirement Of Office Palladino. Approve Resolution Number 2009-20 Of The City Manager Employee Jan No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 5 OF 28 CONSENT 205. Utility/Public Works Department Requests That The City Commission Approve Resolution Number 2009-23 Recognizing The Retirement Of Utility Department Employee Don Farnum. There was no discussion on this Agenda Item. CONSENT 206. Utility/Public Works Department Requests That The City Commission Approve Resolution Number 2009-24 Recognizing The Retirement Of Public Works Department Employee Robert Eckman. This Agenda Item was not discussed. CONSENT 207. Office Of The City Manager And The Parks And Recreation Department Director Request That The City Commission Approve Resolution 2009-25 Recognizing The Retirement Of Parks And Recreation Employee Bonita (Bonnie) Roberts. There was no discussion on this Agenda Item. CONSENT 208. Utility Department Requesting The City Commission Execute The Third Addendum To The Effluent Disposal Easement Agreement With Tuscawilla Country Club. No discussion. CONSENT 209. Parks And Recreation Department Requesting That The City Commission Approve Resolution 2009-26, An Amendment To Resolution 2008-55, Which Established New Fees And Charges For Use Of City Facilities And Program Participation. This Agenda Item was not discussed. "MOTION TO APPROVE" [CONSENT AGENDA]. MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 . PAGE 6 OF 28 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager - Kevin L. Smith "Previously you had selected the date of April 11 (2009) for the Grand Opening of Trotwood Park - but, we're going to need to reschedule that. Chuck (Pula) will be bringing back an Agenda Item at the next Meeting to find another date." Mr. Chuck Pula, Director, Parks and Recreation Department explained, "We still have not been able to receive the Permit from the Department of Health for the operation of that particular splash playground and it's a very time-consuming process. They only have one (1) inspector that covers the whole state, and we're still not ready at this point to get that, but I do anticipate having a date and meeting the - deadlines." Further comments. Manager Smith also mentioned that "An organization by the name of `RelocateAmerica' has informed us that Winter Springs has been nominated for inclusion in their top 100 best places to live program. Quite frankly, I would like to look into this organization." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "We are currently looking into that." Furthermore, Mr. Stevenson added, "We should have an answer tomorrow." Mayor Bush suggested, "Would that be something we should maybe talk to some of the local Realtors about?" Mr. Stevenson responded, "Right." Mayor Bush then said to the City Commission, "If their finding is that this is legitimate, you have no problem with the City participating?" Commissioner Rick Brown stated, "None." No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 7 OF 28 In conclusion on this subject, Mayor Bush remarked to Manager Smith, "Your call on this Mayor." REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Commission Seat One - Jean Hovey Commissioner Jean Hovey thanked the City for allowing the Seminole County PTA (Parent-Teachers Association) to park at Central Winds Park in order to ride the bus to Tallahassee to attend an Event. Next, Commissioner Hovey commented about a recent meeting related to the proposed Ranchlands Paving. Mr. Fields noted, "The ballots are due this Friday and the results will be on the April 13`", [2009] Agenda." Mayor Bush mentioned an email from a resident who didn't seem to be aware of a Straw Ballot and stated, "I think I sent that on to Kevin (Smith) and asked him to respond to it." Manager Smith responded, "We'll look into that." REPORTS 404. Commission Seat Two - Rick Brown Commissioner Brown asked for an update on the 419 Metal Recycling Agreement issue. Mr. Stevenson explained, "There is really a four (4) prong approach here. We've completed two (2) of those. Anthony's (Garganese) office I believe has sent me the completed Easements - for the finalizing the Vacation. I haven't had a chance to look over those yet." Furthermore, the last two items that we're looking at on that involve the `C-2' usage that this Commission approved. We're going to be bringing back to you an Agenda Item I believe requested by Mr. Phillips to rethink, he would like to allow all of the `C-2' Uses. In other words it would be a straight rezoning to `C-2', rather than the restrictive `C-2', we'll be bringing that back to you - sometime in April, I would think?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 8 OF 28 City Attorney Anthony A. Garganese said, "Apparently there was some miscommunication - he thinks that he didn't get what he originally requested regarding the frontage area, so that's going to have to go through a Re-Zoning to a straight `C-2' at his request, not a limited, restricted `C-2' Zoning. So, that is number one - and number two, with respect to the recycling facility, he would like to have metal recycling listed as a Permitted Use in the Industrial Zoning District, so that property is no longer a Non- Conforming Use." Mr. Stevenson added that Mr. Phillips "Said he was meeting with his Engineer, so I would assume the Application for the Re-Zoning to straight `C-2' would be in my office sometime fairly quickly. And, we will pursue that." Attorney Garganese added, "We were pretty clear that all that requires a Commission Policy decision on both of those, it's going to be your call ultimately, but that's what he is proposing." REPORTS 405. Commission Seat Three - Gary Bonner Commissioner Gary Bonner remarked, "I want to go ahead and thank the Manager for the handling of the Trotwood Park matter and the concerns that have been expressed by resident, Mr. Chuck Jenkins, and I thank you for communicating with him, and I compliment you on your thorough response that you and your team put together. So, I have no doubt that we're working in the right direction to address our citizens' concerns and thank you." Mr. Bonner commented on the City's Tree Removal Policy and stated, "The correspondence that I put forward to you, your staff did an excellent job on responding to that. I would like to recognize Steven (Richart) for his work in that regard, and on behalf of my fellow Commissioners, just to let you know, I had a constituent come forward who lives in my district, had a mature tree that sustained damage during - one of the hurricanes - and has been declining in health from their interpretation over some time. It is a mature tree, quite large in size, and so if you go through the process of removing the tree, even though it's declining in health, it is still alive. Also it is encumbering their sewer system, and causing them some difficulty relative to that. So, it is a classic situation of the resident desires to remove the tree; the tree is quite large; therefore necessitating treatment under our Policy of a replacement of three (3) Tree Credits, as our Policy governs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 9 OF 28 This particular resident's property is heavily forested. They did not have the desire to add any trees to their property - or replace the tree, where it's at because of the complication with their sewer system. So, the only recourse that appeared to be available to them was to remove the tree at great expense and pay a penalty under our policy associated with the impact of the three (3) tree credits because the replacement of the three (3) trees would not occur." Continuing, Commissioner Bonner suggested, "I also brought forward a suggestion that I think might be an idea that has some merit that I am going to ask Staff to work further on, and that idea was - what if the citizen, since they didn't want to put the trees back on their own property, what if they gave the trees to the City, or gave the benefit of purchasing power for the trees to the City and then the City could decide to place those trees somewhere else in the City and benefit and maintain our Tree City status; maintain or grow the tree canopy, but not necessarily force the resident to place the trees back on to their property, since that's not really what they wanted to do and/or subsequently turn around and fine them for violating the current Policy." Commissioner Bonner noted, "Kevin (Smith) and his Staff are doing a great job of evolving the response to that." Manager Smith said, "It probably would be most appropriate if we did bring this item back to you for consideration of the comments that you have made, for education of yourself and Commissioner Hovey, and maybe a refresher course for the balance of the Commission to talk about all these issues." Commissioner Bonner said, "And I am fine with that; absolutely, I don't want to take up the time and attention of the Commission tonight, but certainly the more I dug into this, the more I learned, it is a classic `Where is the information'; `How are we communicating it to our folks'. We are all addressing communication as we know, `What are the Policies'; `How can I represent the City Policies out to the public having that knowledge myself ; and would there be some additional options available to citizens to solve the problem and not necessarily just put them in penalty box?" Commissioner Bonner then said, "I look forward to that at a future Commission Meeting." Manager Smith stated, "We'd be happy to do it." Commissioner Bonner said, "I think in the spirit of customer service, my recommendation is that while we are addressing not only the clarification and the availability of the information, that we address the opportunity for this to be a success story in our customer service skills as a City organization." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 10 OF 28 Deputy Mayor Krebs stated, "I think it is so important we have a strict Tree Policy - we have people planting invasive trees in our City, things that we don't want, and we - really do have to be very careful in that." Continuing, Deputy Mayor Krebs mentioned, "You don't have to plant the trees in your yard, but quite often it is cheaper to pay to the tree bank than it is to actually go out and buy the trees that you would be responsible for replacing. And I think they need to know that, and going forward in the future, if we do have communication that goes, especially on something like this, to a Commissioner, where there is an issue with a citizen or citizens, I would certainly like a copy of that as well as the response back from Staff, because someone else may come up and ask me that question. I wouldn't know what they were talking about, and I would really like to know that." Further discussion. Discussion. Next, Commissioner Bonner congratulated Commissioner Sally McGinnis and Deputy Mayor Joanne M. Krebs for being selected for a Seminole County Outstanding Women Award; and stated, "My hat's off to both of them for their recognition by Seminole County at large and for the honor and for the honor that it bestows on our City and on the dais." Commissioner Bonner noted a vacancy on the Oak Forest Wall Beautification District Advisory Committee under his Seat; and noted that he would bring back an Appointment for consideration. Next, Commissioner Bonner commented on the Town Center and suggested a possible "Ad Hoc Committee Task Force or Review Committee to possibly evaluate all of the Town Center things that we are about to address and provide some additional feedback and citizen input into the entire Town Center plan and its direction." Manager Smith remarked, "We were going to bring back the presentation from Randy (Stevenson) to educate the Commission. My thought at that point in time was not to solicit input from the citizens, however, it could be a good opportunity if you all desire to do both at the same time, or we could do a step process where we have the Commission hear from Randy (Stevenson) first and then bring it to a next citizen input type process." Commissioner Bonner added, "When we address that as a Commission for the benefit of my peers, that it may be a time to discuss whether or not we want to bring additional citizen participation and dialogue into the process." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 11 OF 28 Additionally, Commissioner Bonner stated, "One of the issues we dealt with on the Workshop this past weekend, centered in the area of Economic Development; so, another thing I want to float out there for the Commission's thought as we go into the Budget cycle, and for you the Manager, as we go into the Budget cycle, is if the time has come for us to have some form of dedicated representation on City Staff whose focus is exclusively Economic Development - so, I just want to make sure we keep that on the forefront." Manager Smith said, "I can assure you it is." Commissioner Bonner said, "I want to compliment Staff - terrific Workshop this past weekend. Wonderful to be able to address all the vision statements of our community" and Commissioner Bonner mentioned the final comments that Mayor Bush, Commissioner Jean Hovey and Commissioner McGinnis needed to submit. Manager Smith said, "Ms. (Marilyn) Crotty was going to bring back the information to me. Then, I'll disseminate it to Commissioners Hovey, McGinnis and the Mayor for their Votes; and then back to Ms. Crotty for final compilation of the Report." REPORTS 406. Commission Seat Four - Sally McGinnis Absent. REPORTS 407. Commission Seat Five/Deputy Mayor - Joanne M. Krebs Deputy Mayor Krebs commented, "I too wanted to thank the Staff for all of their input during our Goal Setting Session, it was really nice to see the free-flowing thoughts that all of you had, and it was really welcomed, so thank you for participating." Deputy Mayor Krebs brought up the recent Mardi Gras Event and suggested that different beads be used next time. With further comments, Deputy Mayor Krebs commented on a recap meeting she attended and said "Kudos to all of you for that too." Deputy Mayor Krebs asked Commissioner Bonner what kind of citizens' information were you looking to receive for Town Center? Commissioner Bonner said, "There was such a great deal of comment about the Town Center from the citizens, and it is a very common topic to talk about - I mean the topics range from parking to signage to access to pedestrian friendly to vehicle parking friendly and so on, so forth. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 12 OF 28 I know we are going to see the benefit of the master design and what it will look like in its end product, but I can also tell you that my impression is that the citizens don't really have a full understanding of the end game - what is the Master Plan - there may be some opportunity to engage the citizens in some method. It is really just closing the gap on everyone embracing what we are trying to accomplish there at the Town Center." Commissioner Bonner added, "At the least, Commissioner, again, this is in the spirit of communication - the more we can communicate the better - our citizens just really don't know what the plan is - as you walk around and talk to folks, you get a broad tapestry of opinions and understandings about what the Town Center Plan is. So, I look forward to the education for us and then the opportunity to educate the citizens." REPORTS 408. Office Of The Mayor - John F. Bush Mayor Bush stated, "We need to discuss a date for a joint Oviedo-Winter Springs Meeting between their Council and our Commission. This will be hosted by Oviedo in May or June." Discussion followed on possible dates. Tape 1/Side B Mayor Bush noted, "At this Meeting, I think it would be a good idea that we ask for their Water Conservation person - is everybody okay with that?" Mayor Bush added, "So if that is okay with everybody, we might ask that maybe they can work him in to the meeting." No objections were voiced. Mayor Bush mentioned receiving a letter and an American Flag which had been flown in Iraq during "Operation Iraqi Freedom" from a citizen of Winter Springs who is serving in Iraq. Mayor Bush then asked, "Any objection to us flying this flag over the Veteran's Memorial?" Commissioner Brown stated, "Absolutely not." Deputy Mayor Krebs said, "No objection at all." Further comments. Next, Commissioner Bonner was recognized on his Birthday. Further comments followed on possible dates for a joint Oviedo-Winter Springs Meeting and the dates agreed upon were: Tuesday, May 19th, 2009; Monday, June 1St, 2009; and Tuesday, June 2nd, 2009." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 13 OF 28 Mayor Bush called a Recess at 6:31 p.m. The Regular Meeting reconvened at 6:46 p.m. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney Requests That The City Commission Consider On Second Reading The Adoption Of Ordinance No. (Number) 2009-05, Providing For A Referendum To Authorize The City Commission To Grant Economic Development Ad Valorem Tax Exemptions For Certain Types Of Statutorily Defined New Businesses And Expanding Businesses. Attorney Garganese read Ordinance 2009-05 by "Title" only. Note: Due to technical difficulties, the next audiotape was used. Tape 2/Side A 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. Commissioner Brown asked about costs for a Special Election. City Clerk Andrea Lorenzo-Luaces commented that she had contacted the Seminole County Supervisor of Elections after the previous discussion and added, "I will keep trying." Attorney Garganese stated, "The way the Ordinance is drafted now - the Referendum will be no later than the Gubernatorial Election in 2010. If Andrea (Lorenzo-Luaces) can put together a Budget and the City Commission wants to give the green light to hold that Referendum sooner, this Ordinance says that the Commission can do that. It would be your call." Furthermore, Attorney Garganese suggested, "You probably should get all the data after you talk to the Supervisor (of Elections), provide the options to the Commission. If you want to hold a Referendum sooner, you certainly can do that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 14 OF 28 Deputy Mayor Krebs asked, "Are you also addressing the mailing out of just ballots as - the Election?" Attorney Garganese stated, "I can work with the Clerk and put together an Agenda Item and that could be one of the things that we address." Deputy Mayor Krebs added, "I would like to know what the cost is for that too." "MOTION TO APPROVE" (ORDINANCE 2009-05). MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney And Community Development Department Requests That The City Commission Hold A Public Hearing For The First Reading Of Ordinance No. (Number) 2009-04, Which Revises The Building Setback Requirements For Zero Lot Line Developments Within The PUD (Planned Unit Development) Zoning District. Mayor Bush asked, "Can we have a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2009-04 by "Title" only. Mr. Stevenson spoke on this Agenda Item. With discussion, Mr. Stevenson stated, "This Ordinance is a minimum PUD (Planned Unit Development) setback." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 15 OF 28 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one addressed the City Commission. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE (ORDINANCE 2009-04) TO SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office Of The City Attorney And Community Development Department Request The City Commission Hold A Public Hearing For The First Reading Of Ordinance 2009-02, Which Revises The Chapter 20, Division 2, Motor Vehicles Portion Of The City Code, To Prohibit Parking Vehicles On Sidewalks And In Front Yards. Mayor Bush asked, "We need a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Deputy Mayor Krebs remarked, "When you say on the driveway, I think we had talked a little bit last time about some of our residents who have put pavers to the side, or mulched areas to the side, that were neat, but - some who just had single car garages where that is all they have is just that single driveway and we had talked about that neat area being acceptable and I don't see that in this Ordinance." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 16 OF 28 Captain Glenn Tolleson, Code Enforcement Bureau, Police Department explained, "Basically, we have to have a minimum of thirty-six inches (36") to allow and to be able to stay with the ADA (Americans with Disabilities Act) Code under the Florida Accessibility Code. If you're blocking the driveway, you're removing them from the sidewalk, through grass, and if it's a person with a wheelchair or some other disability that can't negotiate that because the sidewalks are a facility of the City, we can be held liable." Deputy Mayor Krebs inquired, "Why did we go through making our sidewalks all ADA (Americans with Disabilities Act) compatible? ADA (Americans with Disabilities Act) addresses aprons?" Captain Tolleson stated, "It addresses the sidewalks, but the way it's currently designed, if you block the driveway or you block the sidewalk, you are going to push them into vegetative area prior to that." Deputy Mayor Krebs continued, "Does ADA (Americans with Disabilities Act) specifically talk about the aprons of driveways?" Captain Tolleson said, "No." Deputy Mayor Krebs continued, "But they do talk about sidewalks...." Captain Tolleson noted, "...Yes..." Deputy Mayor Krebs added, "I am just really concerned why you would do that to all the aprons when some of these houses have very, very little space that you could take a little car and actually - if you had a visitor, in the areas where you're not allowed to park on the street, to allow a parking of a vehicle there." Captain Tolleson added, "That is correct." With further comments, Deputy Mayor Krebs continued, "Our sidewalks in Winter Springs are ADA (Americans with Disabilities Act) compliant, aren't they?" Captain Tolleson said, "Yes." Deputy Mayor Krebs then said, "So, then I don't think we need that, if that's for ADA (Americans with Disabilities Act). If it is for another reason, I would like to know that, but if ADA (Americans with Disabilities Act) doesn't specifically say that..." Captain Tolleson noted, "...It specifically talks about having thirty-six inches (36") of square maneuverability from sidewalk as it progresses through." Deputy Mayor Krebs added, "Then what also concerns me is that if we wanted to say that is what it was for, then people would actually use that." Additionally, Deputy Mayor Krebs remarked, "I do question that, especially - in many instances, the lack of parking that is available to citizens right now; and now, we are taking something away from them - which is parking really anywhere that they feel like it; but, I would really like to address or I hope this Commission will address the actual spaces that people have created or put to the side so that they could have an additional car." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 17 OF 28 Captain Tolleson stated, "I am trying diligently to get it all put together among other projects; and I want to come back to the Commission because, actually, in some instances you're taking two (2) things away from people. You are taking away the apron and you're taking away their front yards, depending on where they're at." Additionally, Captain Tolleson noted, "This Ordinance doesn't address anything except for parking in the front yard, and blocking the driveway - and the apron." Deputy Mayor Krebs added, "It says the parking of any vehicle within the front yard of any residential lot, shall be prohibited, unless said vehicle is parked on a driveway - if we're not prepared, if this isn't exactly what we want, then why are we hearing this Ordinance right now? You're going to just have to go back and re-draft it again." With further comments, Captain Tolleson stated, "There are some other options just specifically like we looked at this picture here, and some are done very nicely." Captain Tolleson added, "Actually, I was going to bring back one - to see if the Commission would be in favor of putting it in there, to allow these pavers that we have seen out there. They are really good for the soil, part of the mulched areas and within the guidelines of their driveways." Deputy Mayor Krebs suggested, "I think that should be in the Ordinance." Discussion. Commissioner Bonner said to Captain Tolleson, "When the topic of parking on the apron, the paved driveway apron was discussed with the LPA (Local Planning Agency) was it their recommendation that that not be permitted?" Commissioner Bonner added, "Do you know why that was recommended that way - not to park on the paved apron?" Captain Tolleson stated, "No." Commissioner Bonner said, "The way it is drafted today, right now, the apron would be prohibited to be parked on?" Captain Tolleson stated, "Yes." Commissioner Bonner continued, "From my perspective, not knowing why the logic of that was brought forward, I would say the draft is flawed." Discussion followed with Captain Tolleson and Chief of Police Kevin Brunelle on the definition of "Driveway". Encroachments were also addressed. Commissioner Bonner suggested, "Why not just write the Ordinance so it says you have got to leave thirty-six inches (36") or thirty-nine inches (39"), whatever the ADA (Americans with Disabilities Act) rule is, and then it all boils down to, did you leave a big enough gap?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 18 OF 28 Chief Brunelle explained, "If we do the `No in the yard, no on the driveway - on the sidewalk, and nothing in the street,' then we're not giving people who have multiple family members that have vehicles, much option." Commissioner Bonner said, "I couldn't agree with you more, Chief. Clearly, the spirit and the intent of this was that we don't want parking on grass, and we don't want folks blocking handicapped citizens, and we don't want our cars spilling out and blocking our public safety in the road; but we want to give them every possible solution that doesn't cross any of those lines." Deputy Mayor Krebs asked, "We're saying here that you can't encroach over the sidewalk now with your car and you can't park on the apron." Chief Brunelle stated, "...Correct..." Deputy Mayor Krebs continued, "...If you can't encroach on the sidewalk - why then can you not go ahead and park on the apron?" Attorney Garganese explained, "Perhaps we can add some language that parking on the apron is okay, providing the vehicle doesn't protrude into the sidewalk or the right-of- way, because there is an ADA (Americans with Disabilities Act) issue about keeping the sidewalks free from obstruction. And I think adding some language - if there is room to park on the apron." Further discussion followed on the definition of a driveway. Pointing to a photograph, Deputy Mayor Krebs inquired, "How, with this - Ordinance - how would we be able to determine that was a driveway or not, or would we?" Chief Brunelle stated, "There is nothing in this Ordinance to address that; because it doesn't say paved, mulched, concrete, gavel. It just says driveway." After more discussion, Deputy Mayor Krebs remarked, "The problem we are going to have is if we don't define it, then to whoever made that point before about possibly driving up in the middle - somebody putting a mulched driveway in the middle of their lawn - and that is not the spirit here - but, I still think this needs work - I don't see how we can pass something that still needs work." Commissioner Brown said, "Since the State clearly defines the ADA (Americans with Disabilities Act) access, do we need to have that in our Ordinance? If we're saying people can't park in their yard, the State already clearly defines the ADA (Americans with Disabilities Act) requirements for a sidewalk. Iisn't that enough?" Captain Tolleson noted, "Yes, Sir. The City has adopted all the International Code Council, as well as the Florida Building Code covers the ADA (Americans with Disabilities Act)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 19 OF 28 Commissioner Brown added, "So, we do not need to re-state that?" Captain Tolleson commented, "No." Commissioner Brown continued, "And, if we took the part out about the apron, because I can tell you in my neighborhood, in order for people not to park on their yard, which has never been an issue, but also not park on the street, there is room in some of the driveways to parallel park on the apron and not encroach on either the right- of-way or the sidewalk. So, if we took out the wording about what would be redundant, which would be the ADA (Americans with Disabilities Act) access; put in the wording that we cannot park on the front yard, and let street parking take care of itself without mention to the apron; I think we have accomplished everything." Captain Tolleson mentioned, "On page 2 of 3 [proposed Ordinance 2009-02], Section 20- 438., (b) - actually would do all of that if you took out after it says `the term sidewalk shall include the actual sidewalk', leave that and then take out also `the area between the sidewalk and the edge of the street', road or curbed area, which would be your apron." Discussion. Commissioner Hovey said, "I think if we take that apron out, I think that would be better." Deputy Mayor Krebs noted "Small areas, especially in the curved driveways." Deputy Mayor Krebs added, "What are you going to do about that and how are you going to address that in - this Ordinance?" Chief Brunelle said, "Right now, there is no definition in the Ordinance for the driveway." Furthermore, Chief Brunelle noted, "I agree with you, it should have some type of language in there that states, `What is an acceptable driveway; how you can build a driveway, and what you can do to that.' My opinion is it's not ready to move forward until we have that text in there." Deputy Mayor Krebs commented, "I couldn't agree with you more, Chief." Mr. Stevenson suggested, "There are several issues we need to take a look at. My first response would be to define the driveway as allowing the increase in width of one (1) car, for one (1) car, along one (1) side. They can't widen it for four (4) cars in the front yard, this type of thing; and they also have to be cognizant of drainage and of any Easements that are along the property lines. So, if we would define, maybe add a definition of driveway or this attempt at parking along the side as being the width of one (1) car along one (1) side of the driveway, not encroaching into any Easements." Deputy Mayor Krebs asked, "What if it is not paved in any way? Suppose, it is just lawn, and they just pull up. So, you're going to have to say with the following materials, or something like that." Mr. Stevenson noted, "It would have to be a prepared space." Deputy Mayor Krebs asked, "In the beginning would you want to see that just not controlled other than by the homeowner? So, in other words, you are not permitting it, or are you permitting it?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 20 OF 28 Mr. Stevenson remarked, "I think it may be something we want to look at from a Permitting standpoint, for several reasons. First of all, to control the width - second of all the appropriate material; thirdly is drainage; and fourthly to making sure we don't have any encroachments over established Easements..." Deputy Mayor Krebs suggested, "...Then I think you need to write that in. If you want it to be enforced, it is going to then have some kind of guidelines like that." Deputy Mayor Krebs then noted, "I think compatibility might come into - play with that as well." Tape 2/Side B Furthermore, Deputy Mayor Krebs asked, "Isn't that compatible out in the Ranchlands?" Referencing photographs, Captain Tolleson explained, "It is in the Ranchlands, but we're - going to have to be able to address these, because this house is fairly new, and this is what they've decided for their driveway, because it's not permitted. It says you can have one (1) driveway if you have sixty-five feet (65'), sixty-five (65) or more you can have two (2) driveways. So, those are some of the issues that are going to come up, is those various materials. And we're going to have to, that particular home there is not even completed yet, and that's their intended driveway." Further discussion followed on complaints and enforcement. Commissioner Bonner remarked, "What we are really talking about is the `Parking surface'; the `vehicle parking surface', as opposed to the `driveway', which is the passage the vehicle takes to get to the vehicle parking surface. So, maybe there is, in the example of the Ranchlands, with the elongated dirt driveways, because they have lots of property and they are set back, those are driveways, not parking surfaces. When they get to their parking surface, I will bet you they have a concrete pad that they are parking their cars on and they are not parking them on dirt." Additionally, Commissioner Bonner suggested, "We are really talking about what is the destination, the parking surface, as opposed to the driveway that requires definition." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: spoke on what the Local Planning Agency had considered; the apron; parking; and hoped the City Commission would come up with more defined places for parking. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 21 OF 28 "I WOULD LIKE TO MAKE A MOTION TO MOVE THIS TO SECOND READING - I WOULD LIKE TO INCLUDE THOSE DISCUSSIONS THAT WE HAD REGARDING THE APRON, THAT PARKING BE ALLOWED ON THE APRON. BUT, FOR THE NEXT READING, I WOULD ALSO LIKE SOMETHING TO BE INCLUDED ABOUT WHERE AND HOW THESE PEOPLE CAN PARK - IN OTHER WORDS, THE DESCRIPTION OF HOW THEY CAN PARK; WHETHER THEY MAKE THEIR OWN SURFACE; WHAT KIND OF MATERIAL THEY USE; WHETHER IT IS - ONE (1) CAR WIDTH, IF IT IS IMMEDIATELY TO - PLEASE TAKE INTO CONSIDERATION ALL OF THAT FOR THE NEXT READING AND WE CAN DECIDE TO PASS IT OR NOT, AT THAT TIME - OR SEND IT BACK, OR SOMETHING ELSE." MOTION BY DEPUTY MAYOR KREBS. DEPUTY MAYOR KREBS NOTED, "TAKE OUT THE PROHIBITING THE APRON PARKING." FURTHERMORE, DEPUTY MAYOR KREBS SUGGESTED, "AT THE NEXT READING, COME BACK WITH - ADDITIONAL INFORMATION ON HOW THEY CAN PARK IN A DRIVEWAY, NEXT TO THE DRIVEWAY - WHAT KIND OF SURFACE CAN BE USED FOR THAT." ADDITIONALLY, DEPUTY MAYOR KREBS NOTED, "DEFINE THE PARKING AREA THAT CAN BE UTILIZED." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. ATTORNEY GARGANESE SUGGESTED, "I WOULD RECOMMEND THAT WE JUST BRING IT BACK FOR STAFF WORK AND THEN COME BACK FOR FIRST READING AGAIN." VOTE: COMMISSIONER HOVEY: NAY COMMISSIONER BONNER: NAY COMMISSIONER BROWN: NAY DEPUTY MAYOR KREBS: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE TURN THIS BACK TO STAFF IN WHATEVER WAY THEY WOULD LIKE TO DEAL WITH THIS - EITHER THROUGH THEMSELVES OR BACK TO THE LPA (LOCAL PLANNING AGENCY) WHICH IN MY OPINION WOULD BE THE BEST PLACE TO DO THIS - AND THEN HAVE IT COME BACK TO STAFF FOR REVIEW BEFORE IT COMES BACK TO US FOR FIRST READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 22 OF 28 VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used. REGULAR 601. Not Used. REGULAR 602. Community Development Department And Parks And Recreation Department Wish To Update The City Commission Regarding Options For A Farmer's Market In The City Of Winter Springs. Mr. Stevenson introduced this Agenda Item for discussion. Commissioner Brown commented, "I like `Location [#]4', for the following reasons, it eliminates the requirement for the Vendors to have separate Insurance Policies. They would fall underneath the City's Insurance. It also gives us the opportunity of eliminating them from having additional City licenses. We could adopt what Lake Mary does. I like the idea of contracting out services to run it. I would leave it to Staff to work with whoever your contracted manager would be to develop the rules of operation and I think the City should invest in advertising, in the banners and both on the Website. Those would be my recommendations. And, then I would look to you and your Staff to put that together and bring it back to us for Approval." Deputy Mayor Krebs said, "I, too, like `Location #4' for similar reasons. I also think that to have something out where everybody can see it in the very beginning, gets it established, and if and when the time comes, and we hope it does, that it gets too big for that area, that it can then be moved. City Hall is `Location #4'. It could be moved at that time and everybody would follow. I don't think there is a problem there. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 23 OF 28 I do think you probably need to have somebody to oversee it from the City. I would like also when you find your manager - if you go out to get more than one that you have them bring to you a plan, because I think that is really important; and yes to investing some money in banners and things like that. And, do we even have fifty (50) year - banners upT, Mr. Stevenson answered, "What you see does not exist. It's a mock-up of some things Staff has been working on. Nothing has been approved by this Commission." Manager Smith added, "Coming to the City Commission at the next Meeting." Deputy Mayor Krebs remarked, "I am not sure why we don't, since we are celebrating fifty (50) years." Mr. Stevenson explained, "As we are talking about `Location #4', please be aware that we would be working with the Fire Department because obviously we have to maintain their access and egress from City Hall and from the Fire Station. I believe that is why we have moved it to the western parking lot." Deputy Mayor Krebs inquired, "Would you be able to put some of that area underneath the trees in the front?" Mr. Stevenson responded, "I think that's up to the Commission. I do know that if we put it on the grass, and I've seen this happen in the past; there was substantial wear and tear on the sod. Matter of fact, one City on the east coast had it in front of their City Hall and they within about two (2) months moved it to a local park because of just that, the wear and tear on the sod was just unmaintainable. That's why site `[Location #]4' as Staff understood it, and please correct me if I was wrong, was in the parking lot area." Commissioner Bonner said, "I too, of the locations presented, [`Location #]4' seems the most logical only because of the reasons that Commissioner Brown mentioned. However, I do question, if we haven't explored any other locations, aside from the ones presented, there could be other plaza owners in our City who would welcome the addition of the Farmer's Market to promote their business location as well. An example that I am thinking of, the Villagio Plaza, which is a wonderful Plaza, that is a bit challenged to fill its retail space right now; or I will throw a way-outside pitch here - if the owner of the Winter Springs Golf Course would like to have that facility experience some renaissance, and certainly it could accommodate parking, and we have some experience with that property and it might attract some customers from Casselberry and Longwood to come over to our Farmer's Market as well; so, just some additional ideas to toss out there. But of the ones you presented, [`Location #]4' appeals to me the most." Mr. Stevenson stated, "In answer to your question, Commissioner, we did not discuss the Winter Springs Golf Course, but we did consider Villagio and Venetian Square - there was a request to stay in or near the Town Center." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 24 OF 28 Commissioner Bonner noted, "Just thinking that those Developers or those Plaza owners, they might be willing to kick in as it were, because they would love to have the added traffic for their Plaza's too." Commissioner Brown suggested, "I think when you are trying to start up a Farmer's Market that is suffering from lack of traffic to begin with, putting them into a Plaza that is suffering from lack of traffic probably kind of defeats the purpose. I think probably starting it out in City Hall, which doesn't benefit any business sectors, but gives it the prime visibility on (State Road) 434, which is what I think we were after, just so it is readily visible and people can access them easily." Commissioner Bonner stated, "Good arguments." Mr. Stevenson added, "One of the things that Staff would also request direction in, in the make-up of this, if you're looking at some of the Policies and Procedures there; they're very succinctly defined what is allowed, they even give it a certain, only so much can be this type of use. When we're talking about a Farmer's Market, it's usually - orchids, certainly produce, farm produced types of things. Some of them, I think Angie (Federici) has some of these that are hand crafted arts and crafts and so-forth; I would also like some direction from you as to whether or not you want to include those types of Vendors as well." With further comments, Deputy Mayor Krebs said, "Since you are asking, I think traditionally, arts and crafts usually are allowed in a lot of these, somewhere between October and Christmas, because that is the season. I guess we don't have to reinvent the wheel, it looks like it has already been done here." Mr. Stevenson said, "In speaking to some of them, I think Sanford allows those types of things year round, if I'm not mistaken. Last week of every month, they open it up to hand-made crafts. So - we'll certainly write that in and bring you back..." Deputy Mayor Krebs suggested, "...Bring us back a couple of them..." Mr. Stevenson noted, "...Yes, we will. And we'll work with Angie (Federici) and her group as well." Commissioner Brown said, "Randy (Stevenson), I fully trust that you will investigate our competition and bring back a proposal that incorporates what they are doing; so, that we can be fair to our Vendors as well." Commissioner Bonner said, "Most of the other cities have a definition. It is a percent of this and a percent of that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 25 OF 28 "I WOULD LIKE TO MAKE A MOTION THAT WE ASK STAFF TO COME BACK WITH A RECOMMENDATION ON ALL THE THINGS THAT WE TALKED ABOUT FROM LOCATION TO RULES OF OPERATION TO CONTRACT OPERATION TO A LIST OF ACCEPTED AND UNACCEPTED - VENDORS AND ADVERTISING AND THE ADVERTISING INVESTMENT THAT WOULD BE REQUIRED FROM THE CITY IN DOLLARS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. DEPUTY MAYOR KREBS ASKED, "WOULD THAT ALSO INCLUDE THE PRICE OF INVESTMENT FOR FLAGS?" COMMISSIONER BROWN STATED, "YES - COME BACK IN TERMS OF DOLLARS AS TO WHAT THEY WANT FOR ADVERTISING." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 603. Office Of The City Manager Related To Holding A Business Community Visioning Workshop; Select A Date For This Meeting And Give Approval To The City Manager To Sign A Contract With The Florida Institute Of Government As The Facilitator For This Business Community Visioning Workshop. Discussion ensued on using a different facilitator for this Business Community Visioning Workshop. "MOTION TO APPROVE `603'." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 26 OF 28 Discussion then ensued on possible dates for this Business Community Visioning Workshop. Deputy Mayor Krebs suggested the "9t'" of June. Commissioner Brown agreed and stated, "Yes." Mayor Bush summarized, "June the 9`"?" No objections were voiced. Furthermore, Mayor Bush remarked, "June the 9th - 7:00 p.m. Everybody okay with that?" Deputy Mayor Krebs stated, "Perfect." Commissioner Brown and Commissioner Hovey said, "Yes." Mayor Bush said to City Clerk Lorenzo-Luaces, "You will confirm with Ms. (Marilyn) Crotty?" City Clerk Lorenzo-Luaces stated, "Okay." As to the location for the Business Community Visioning Workshop, Mayor Bush suggested, "City Hall." Commissioner Brown added, "I think City Hall, in the (Commission) Chambers." Deputy Mayor Krebs also said, "I think City Hall too - we are just going to need to know where exactly she needs to set up." Commissioner Brown noted, "In the Chambers." Deputy Mayor Krebs also stated, "I think the Chambers too." Manager Smith commented, "I trust the Commission is comfortable with the similar advertising strategies that we employed with the Community..." Mayor Bush stated, "...You did a good job!" REGULAR 604. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement With The Lowest Responsive Pre-Qualified Bidder(s) For The Restoration Of City Waterways At Five Locations Damaged During Tropical Storm Fay. Mr. Fields addressed the City Commission on this Agenda Item. Discussion. Tape 3/Side A Further discussion. "I WILL MAKE A MOTION THAT WE ACCEPT STAFF'S RECOMMENDATION." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: NAY COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 27 OF 28 REGULAR 605. Parks And Recreation Department Requesting That The City Commission Approve A Supplemental Appropriation From General Fund Reserves Up To The Amount Of $27,484.00 To Provide The Funding To Re-Roof The Civic Center By Collis Roofing Company. Mr. Pula spoke on this Agenda Item. Mayor Bush inquired, "When can they do it?" Mr. Pula responded, "As soon as we can execute a Contract within two (2) weeks." "MOTION TO APPROVE THE ITEM AND GET IT DONE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 606. Not Used. REGULAR 607. Office Of The City Clerk Requesting The City Commission Consider If They Wish To Require All City Of Winter Springs' Municipal Election Candidates To Use The Seminole County Supervisor Of Elections' "Online Treasurer Reporting System." Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. CITY CLERK LORENZO-LUACES ASKED, "IS THAT TO BRING BACK AN ORDINANCE FOR APPROVAL?" COMMISSIONER BROWN STATED, "YES." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 23, 2009 PAGE 28 OF 28 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Further brief discussion followed on the proposed dates for the Joint Meeting with the City of Oviedo. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:25 p.m. RESPECTFULLY SUBMITTED: t AN A LORENZO-LUACES, MMC CITY CLERK APPROVED: 9A241 MAY JOHN F: BUSH NOTE: These Minutes were approved at the April 13, 2009 Regular City Commission Meeting.