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HomeMy WebLinkAbout2009 08 24 Consent 207 Approval of the City Commission Regular Meeting Minutes of August 10, 2009CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 CALL TO ORDER The Regular Meeting of Monday, August 10, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Joanne M. Krebs, absent Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. • • AGENDA NOTE: REGULAR AGENDA ITEM "603" WAS DISCUSSED FIRST, AS NOTED, FOLLOWED BY THE REST OF THE AGENDA. • • REGULAR AGENDA REGULAR 603. Public Works Department Requests The City Commission Review The Final Engineering And Landscape Plans For A Proposed Tuscawilla Country Club Golf Course Feature /Dry Retention Area, Located On The North Side Of Northern Way West Of Wicklow Wav. Mayor Bush referenced a letter that the City Commission had received from Congressional Homes and Developers of Florida "Requesting that Item `603' be pulled and moved to the next meeting." ., ~1 ~~ Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department briefly addressed the City Commission on this issue. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 2 OF 16 Mayor Bush inquired if anyone wished to speak on this Agenda Item. Hearing no response, Mayor Bush asked the City Commission, "Do you want to pull it then until the next Meeting?" Commissioner Rick Brown stated, "Yes." "I WILL MAKE A MOTION THAT WE POSTPONE THIS UNTIL THE NEXT MEETING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. This Agenda Item was not discussed. INFORMATIONAL 101. Not Used. INFORMATIONAL 102. Public Works Department Informing The City Commission About The Recently Completed Restoration Of City Waterways At Five Locations Damaged During Tropical Storm Fay. There was no discussion on this Agenda Item. INFORMATIONAL 103. Utility Department Informing The City Commission Of The Construction Of A Potable Water Emergency Interconnect With The City Of Casselberry. i .; :~, E3:SY No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 1 Q 2009 PAGE 3 OF 16 INFORMATIONAL 104. Community Development Department -Planning Division Wishes To Update The City Commission On The Status Of The Five-Year Capital Improvements Program For FY (Fiscal Year) 2009/[20]10 Thru FY (Fiscal Year) 2014/[20] 15. This Agenda Item was not discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Parks And Recreation Department Requests The City Commission To Authorize The Mayor To Execute The Fifth Addendum To The MV Transportation Agreement For Senior Center Transportation For One (1) Year. Brief discussion. CONSENT 201. Office Of The City Manager Requesting The Commission To Authorize The Creation Of A New Finance And Administrative Services Department. Brief discussion followed with City Manager Kevin L. Smith. Commissioner Sally McGinnis suggested that wording such as "Relates well to people of diverse backgrounds" be added to the Job Description. With further comments, City Attorney Anthony A. Garganese recommended, "`Diverse professional backgrounds' is probably an appropriate job description." -~ ~, i `I ~° _: Commissioner McGinnis then said to Manager Smith, "This is a good plan." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 4 OF 16 CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. CONSENT 203. Office Of The Mayor And City Commission Requesting Approval Of Resolution Number 2009-42 Expressing Appreciation To Rande Thompson For His Services On The Tuscawilla Lighting And Beautification District Advisory Committee. This Agenda Item was not discussed. CONSENT 204. Office Of The Mayor And City Commission Requesting Approval Of Resolution Number 2009-43 Expressing Appreciation To Brenda Hayes Brown For Her Services On The Tuscawilla Lighting And Beautification District Advisory Committee. No discussion. CONSENT 205. Office Of The City Manager Requesting The Commission To Modify Its Previous Action To Utilize Remaining Funds In The City's Medical Transport Special Revenue Fund For Transfer To The City's Pension Fund, And Suspend This Transfer Until Further Direction Of The Commission Is Obtained. Brief discussion. CONSENT 206. Parks And Recreation Department Requesting That The City Commission Consider Approval Of The Winter Springs Hometown Harvest Special Event And Associated Budget For 2009. ~ ~: ~" .`. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 5 OF 16 CONSENT 207. Office Of The City Clerk Requesting Approval Of The July 23, 2009 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 208. Office Of The City Clerk Requesting Approval Of The July 27, 2009 City Commission Regular Meeting Minutes. No discussion. CONSENT 209. Office Of The City Clerk Requesting Approval Of The August 3, 2009 City Commission Workshop Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT" (AGENDA). MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire ~t ~~~ _~~n No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 6 OF 16 REPORTS 401. Office Of The City Manager -Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC ~ City Clerk Andrea Lorenzo-Luaces asked the City Commission if they wished to select a new date for the recently postponed Joint Meeting with the City of Oviedo. ` With discussion, Commissioner Brown and Mayor Bush suggested Wednesday, October 3 `~`, 7, 2009. Commissioner Jean Hovey stated, "Good for me." Commissioner Gary Bonner remarked, "I am okay with the 7 [Of October 2009]." Commissioner Brown noted, r=.- "Yes." There were no objections. Mayor Bush then said to City Clerk Lorenzo-Luaces, "And you will check with Commissioner Krebs -but once you check with her, we will say the 7th [Of October 2009]; and once you have confirmed, you will let us all know?" City Clerk Lorenzo- Luaces responded, "Yes." REPORTS 403. Commission Seat Three -Gary Bonner Commissioner Bonner welcomed Mayor Bush back from vacation. REPORTS 404. Commission Seat Four -Sally McGinnis No Report. REPORTS 405. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Absent. REPORTS 406. Office Of The Mayor -John F. Bush Mayor Bush mentioned a Wagner's Curve Dedication Ceremony scheduled for August 22nd, 2009 and distributed invitation cards related to this Event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 7 OF 16 Mayor Bush then noted that at a recent City Commission Meeting, it had been suggested that a letter be written to the citizens regarding the TRIM (Truth-in-Millage) Notice. Mayor Bush added, "Kevin (Smith) put together - I thought a really nice letter, and I made just one very small change to it." A copy of the draft letter was then distributed. Mayor Bush pointed out, "The only thing that I added is I put that table in there that shows the different taxing jurisdictions, the current year, and then what they are proposing next year, and the change. I thought that would be more informative for people." Commissioner Brown suggested that be highlighted. Mayor Bush agreed with Commissioner Brown. Commissioner McGinnis mentioned the words "...taxes you are proposed to pay" and recommended a grammatical change be made to this sentence. Mayor Bush then said to Manager Smith, "We will take another look at it." Manager Smith explained, "The plan was to put it on the Website and then have the letter available to Commissioners should they need to utilize it in conversations with their constituents." Commissioner McGinnis suggested a notice could be placed in Utility Bills to advise citizens to review the letter on the City's Website. Brief discussion. REPORTS 407. Commission Seat One -Jean Hovey Commissioner Hovey commented on the Ropes Course that she and Ms. Joanne Dalka, Director, Information Services Department took for Leadership Seminole last Friday and mentioned that she and Ms. Dalka had climbed a thirty foot (30') pole, and also walked across thirty foot (30') poles. Mayor Bush stated, "Congratulations Joanne (Dalka) and Commissioner Hovey." REPORTS 408. Commission Seat Two -Rick Brown Commissioner Brown asked about an inventory of Affordable Housing numbers in the City and wondered when this information would be available? Mr. Stevenson gave a brief update on the data collected thus far and mentioned, "I am going to be out the next Meeting, so we may wait until the first Meeting in September - it is up to Kevin (Smith); but we are working on those numbers." Secondly, Commissioner Brown mentioned discussing the history of Winter Springs and he had had a recent discussion with Richard Grogan and suggested that a Historical Society type Committee be formed. i ,~ ~U~ ~~~_. ._,~ ~._ ,~. :~ °~,~~- CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 8 OF 16 Discussion ensued on possible Volunteers and Mr. Grogan's Barber Shop, which was the site of the first City Hall. "I WOULD LIKE TO MAKE A MOTION THAT WE ASK THE CITY MANAGER TO HAVE SOMEBODY ON STAFF AT LEAST HAVE AN INITIAL CONVERSATION WITH MR. GROGAN ABOUT THAT BUILDING AND TO -~ AT LEAST FOSTER PUTTING TOGETHER THE WINTER SPRINGS HISTORICAL SOCIETY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MANAGER SMITH COMMENTED, "I WOULD PRESUME THAT THE `~ ~w COMMISSION WOULD LIKE TO MAKE THOSE APPOINTMENTS TO THIS AD HOC COMMITTEE AND WE WOULD NEED TO BRING THIS BACK AS ~~I AN AGENDA ITEM FOR THE PURPOSE OF MAKING THOSE .~, APPOINTMENTS?" MAYOR BUSH ADDED, "WHEN YOU COME BACK, YOU SHOULD HAVE HOW IT WOULD BE ORGANIZED, AND HOW MANY PEOPLE AND - I THINK APPOINTMENTS NEED TO BE MADE BY THE COMMISSIONERS LIKE THEY APPOINT EVERYBODY ELSE..." COMMISSIONER McGINNIS NOTED, "... A MISSION STATEMENT AND ALL THAT..." MANAGER SMITH ADDED, "...BE HAPPY TO DO THAT." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC INPUT Mr. Arnie Nussbaum, 687 Andover Circle, Winter Springs, Florida: commented on the Special Events Committee and mentioned they would be having their next meeting on Thursday, August 13, 2009 at 4:00 p.m. at Beef O'Brady's, and that the City Commission was invited to attend their meetings. Discussion followed on appreciation by the City Commission, Sunshine Laws, and Mayor Bush commented that if Staff was there, they could bring back a report to the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 9 OF 16 Commissioner McGinnis mentioned she had an idea to share and would try to attend this week's meeting. Further comments. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney And The Police Department - Code ~r Enforcement Bureau Requests That The City Commission Hold A Second Public Hearing To Consider Ordinance Number 2009-02, Amending Chapter 20 Of The City Of Winter Springs ~' Code Of Ordinances, As It Relates To Prohibit Parking Vehicles On Sidewalks And In Front Yards And Provide Standards For Parking Areas On Residential Properties. Commissioner McGinnis spoke for the Record and stated that "I think you have done a great job." Attorney Garganese read the Ordinance by "Title" only. Brief comments were made by Captain Glenn Tolleson, Police Department. 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. "MOTION TO APPROVE ON SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 10 OF 16 PUBLIC HEARINGS 501. Community Development Department Requests The Commission Consider The Aesthetic Review For A 8,464 Square Foot (SF) Single Story Child Care Facility. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item and showed proposed color samples. i Brief comments. Mayor Bush opened the "Public Input" portion of the Agenda Item. s_r `. No one spoke. ~ ~p~ Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Not Used. PUBLIC HEARINGS 503. Office Of The City Attorney And Office Of The City Clerk Request The City Commission Approve And Adopt Ordinance 2009-14 On Second Reading, Which Revises Section 2-93. Of The City's Code Of Ordinances Related To The City's Canvassing Board For All City Elections. Attorney Garganese read Ordinance 2009-14 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 11 OF 16 "MOTION TO APPROVE ON SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE ' COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE ,: MOTION CARRIED. ~~~~ :: REGULAR AGENDA 4 REGULAR 600. Utility Department Requesting The City Commission Review The Recommendations Of The Utility Rate Studv. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department introduced this Agenda Item and referenced the Rate Study document that was on the City's Website. Mr. Jack Burgiel, Public Resources Management Group, Inc., 225 South Swoope Avenue, Maitland, Florida: offered comments related to this Agenda Item. Discussion. Tape 1/Side B Further discussion followed on payment issues and related Policies. Commissioner Bonner spoke of the "Once in ten (10) year Policy, and what would it take Mr. Manager, if we wanted to change that once in ten (10) year Policy to give Staff more customer service capability and latitude." Manager Smith mentioned, "It would be a Policy adjustment." Furthermore, Manager Smith noted, "A Resolution adopted by this Commission. I can tell you that we are currently looking into a multitude of Policies." Manager Smith added, "Once we have a Finance Director on Staff, I anticipate that will be his or her first order of business and I hope to come back to you with some significant improvements in the customer service area as it relates to our Policies in short order." Water quality was then briefly addressed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 12 OF 16 Mr. Lockcuff explained, "Our intent was to bring back the First Reading of the Ordinance on August 24~", [2009]. In this week's Bill mailing, we will have notification of the Second Reading on September 28t", [2009]." Mr. Lockcuff added, "We will have a good five (5) weeks of notification going out there." Discussion followed on payment and hardship cases and what services our Staff can offer in such cases. Regarding the issue of efficient water consumption, Commissioner McGinnis suggested that water efficiency tips be kept on the City's Website. Further discussion. Mayor Bush asked, "Can we have a Motion to approve his recommendation?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, MOTION "TO APPROVE THE RECOMMENDATIONS OF THE REPORT AND PREPARE FOR THE FIRST READING OF THE ORDINANCE." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Utility Department Requesting The City Commission Review The Proposed Storage Tank Location West Of Oak Forest For Reclaimed Water Ausrmentation. Brief comments ensued with Mr. Lockcuff and the City Commission. "MOTION TO POSTPONE ITEM `601'." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. i ', MAYOR BUSH NOTED, "MOTION TO POSTPONE `601' UNTIL OUR NEXT MEETING." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 13 OF 16 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 602. Community Development Department -Customer Service Division Wishes To Provide The City Commission With Updated Information On The ~~ Administration Of The Residential Compatibility Regulations. Mr. Stevenson presented this Agenda Item. Much discussion. Mr. Stevenson said to the City Commission, "How can we maybe eliminate, some of these items on this list; and go back to providing over the counter permits through our customer service people - we can certainly look at that; if that is your direction." Commissioner McGinnis suggested Staff bring back a proposal. Discussion followed on compatability and not conformity; and Mayor Bush recommended not being subjective. Continuing, Mr. Stevenson noted, "I think what I have heard from the Commission is to try to find a middle ground here, to -still address the real needs that we have." Mayor Bush referenced Commissioner Brown and suggested, "We have got to get rid of being subjective." Commissioner Brown added, "If we are going to re-write this - I would really like to see it worded in such a way that it cannot be used as a tool." Commissioner Brown further noted, "I don't want it to be written in such a way that it can be used as a punitive tool by anybody in management or anybody in administration of the City to launch any kind of personal attacks against anybody in the community." Further comments. Tape 2/Side A Commissioner McGinnis suggested there might be other models that could be considered. Mr. Stevenson noted, "What we will attempt to do - I think what I am hearing is that, yes, we still want to look at these, but they need to be as objective as possible, with criteria." Mayor Bush added, "I think the Ordinance has to be written so that a person could read it and understand what they need to do." Mayor Bush then stated, "I think the middle ground recommendation." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 14 OF 16 REGULAR 603. Public Works Department Requests The City Commission Review The Final Engineering And Landscape Plans For A Proposed Tuscawilla Country Club Golf Course Feature /Dry Retention Area, Located On The North Side Of Northern Way West Of Wicklow Wav. This Agenda Item was discussed at the beginning of the Meeting. REGULAR 604. Community Development Department Requests That The City Commission Consider Allowing Personal Storage In Lieu Of A Retail Use Within Parcel 14-B Of The Oviedo Marketplace PUD (Planned Unit Development) (And Development Of Regional Impact - DRI). Mr. Stevenson presented introductory information related to this Agenda Item. Discussion. Manager Smith spoke for the Record and mentioned that Mr. Stevenson was referencing "Tax revenues." Further discussion followed. Manager Smith commented, "I know that was a lot of information that Randy (Stevenson) brought forward - and I don't think that that would be the information that we historically provided to the Commission in making these type of decisions, however, Staff feels adamantly that this type of information is important; that you need maximum information to make your decisions. However, if you feel -that it is a little bit - I don't want to use the word `burdensome', please let us know because it is very labor intensive; but we believe it to be important work and we would like to continue to bring it to you for your consideration." Commissioner McGinnis stated, "In this instance, it is important." No objections were noted. Attorney Garganese addressed a Land Use issue. Attorney Garganese noted, "Because there is a gray area here, under the DRI (Developments of Regional Impact) Statutes, we would have to tie this down in a Development Order to make it clear." Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 15 OF 16 "I MOVE THAT WE APPROVE THE PROVISION OF PERSONAL STORAGE FOR PARCEL 14-B IN LIEU OF RETAIL OFFICE, BUT SUBJECT TO THE CONDITIONS STATED BY OUR CITY ATTORNEY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE NOTED, "AND THOSE CONDITIONS -THAT WE WOULD COME BACK TO YOU WITH A MODIFICATION TO THE DEVELOPMENT ORDER THAT ENUMERATES SPECIFICALLY WHAT THIS `USE' IS, AND WHERE IT IS LIMITED TO, BASED ON THE PROPOSAL..." COMMISSIONER McGINNIS ADDED, "...CORRECT..." ATTORNEY GARGANESE CONTINUED, "...AND, WE WILL BRING IT BACK AS SOON AS WE CAN GET IT DRAFTED AND FINALIZED." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 605. Community Development Department Requests The City Commission Consider The Ladybird Academy Final Engineering/Site Plan And The Associated Development Agreement/Zoning Restriction Modification. The Site Is Located On The North Side Of SR (State Road) 434, Immediately East Of The South Seminole Christian Church And South Of The Barrington Estates Subdivision. Mr. Baker began the discussion on this Agenda Item. With comments, Mr. Baker explained, "We recommend approval of the Site Plan, subject to the Development Agreement." Mayor Bush asked for a Motion on the "Site Plan". t "MOTION TO APPROVE." MAYOR BUSH ADDED, "MOTION TO APPROVE BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2009 PAGE 16 OF 16 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush asked for a Motion on the "Development Agreement". "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. In conclusion, Commissioner Bonner remarked, "I do want to compliment Staff, Randy (Stevenson) on that excellent economic impact discussion that you shared with us, relative to taxable values and so on, on that storage item. That bit of information is new, refreshing, and for me a great piece of important information in aiding, making an important decision on behalf of our citizens, so thank you!" ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:15 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the 2009 Regular City Commission Meeting. '"" "~'- A" ,,,~ wa CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 CALL TO ORDER The Regular Meeting of Monday, August 10, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Joanne M. Krebs, absent Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. AGENDA NOTE: REGULAR AGENDA ITEM "603" WAS DISCUSSED FIRST, AS NOTED, FOLLOWED BY THE REST OF THE AGENDA. REGULAR AGENDA REGULAR 603. Public Works Department Requests The City Commission Review The Final Engineering And Landscape Plans For A Proposed Tuscawilla Country Club Golf Course Feature Dry Retention Area, Located On The North Side Of Northern Way West Of Wicklow Way. Mayor Bush referenced a letter that the City Commission had received from Congressional Homes and Developers of Florida "Requesting that Item `603' be pulled and moved to the next meeting." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department briefly addressed the City Commission on this issue. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 2 OF 16 Mayor Bush inquired if anyone wished to speak on this Agenda Item. Hearing no response, Mayor Bush asked the City Commission, "Do you want to pull it then until the next Meeting Commissioner Rick Brown stated, "Yes." "I WILL MAKE A MOTION THAT WE POSTPONE THIS UNTIL THE NEXT MEETING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. This Agenda Item was not discussed. INFORMATIONAL 101. Not Used. INFORMATIONAL 102. Public Works Department Informing The City Commission About The Recently Completed Restoration Of City Waterways At Five Locations Damaged During Tropical Storm Fay. There was no discussion on this Agenda Item. INFORMATIONAL 103. Utility Department Informing The City Commission Of The Construction Of A Potable Water Emergency Interconnect With The City Of Casselberry. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 3 OF 16 INFORMATIONAL 104. Community Development Department Planning Division Wishes To Update The City Commission On The Status Of The Five -Year Capital Improvements Program For FY (Fiscal Year) 2009/[20]10 Thru FY (Fiscal Year) 2014420115. This Agenda Item was not discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Parks And Recreation Department Requests The City Commission To Authorize The Mayor To Execute The Fifth Addendum To The MV Transportation Agreement For Senior Center Transportation For One (1) Year. Brief discussion. CONSENT 201. Office Of The City Manager Requesting The Commission To Authorize The Creation Of A New Finance And Administrative Services Department. Brief discussion followed with City Manager Kevin L. Smith. Commissioner Sally McGinnis suggested that wording such as "Relates well to people of diverse backgrounds" be added to the Job Description. With further comments, City Attorney Anthony A. Garganese recommended, "`Diverse professional backgrounds' is probably an appropriate job description." Commissioner McGinnis then said to Manager Smith, "This is a good plan." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 4 OF 16 CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. CONSENT 203. Office Of The Mayor And City Commission Requesting Approval Of Resolution Number 2009 -42 Expressing Appreciation To Rande Thompson For His Services On The Tuscawilla Lighting And Beautification District Advisory Committee. This Agenda Item was not discussed. CONSENT 204. Office Of The Mayor And City Commission Requesting Approval Of Resolution Number 2009 -43 Expressing Appreciation To Brenda Hayes Brown For Her Services On The Tuscawilla Lighting And Beautification District Advisory Committee. No discussion. CONSENT 205. Office Of The City Manager Requesting The Commission To Modify Its Previous Action To Utilize Remaining Funds In The City's Medical Transport Special Revenue Fund For Transfer To The City's Pension Fund, And Suspend This Transfer Until Further Direction Of The Commission Is Obtained. Brief discussion. CONSENT 206. Parks And Recreation Department Requesting That The City Commission Consider Approval Of The Winter Springs Hometown Harvest Special Event And Associated Budget For 2009. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 5 OF 16 CONSENT 207. Office Of The City Clerk Requesting Approval Of The July 23, 2009 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 208. Office Of The City Clerk Requesting Approval Of The July 27, 2009 City Commission Regular Meeting Minutes. No discussion. CONSENT 209. Office Of The City Clerk Requesting Approval Of The August 3, 2009 City Commission Workshop Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT" (AGENDA). MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 6 OF 16 REPORTS 401. Office Of The City Manager Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk Andrea Lorenzo Luaces, MMC City Clerk Andrea Lorenzo Luaces asked the City Commission if they wished to select a new date for the recently postponed Joint Meeting with the City of Oviedo. With discussion, Commissioner Brown and Mayor Bush suggested Wednesday, October 7, 2009. Commissioner Jean Hove stated, "Good for me." Commissioner Gary Bonner remarked, "I am okay with the 7 [Of October 2009]." Commissioner Brown noted, "Yes." There were no objections. Mayor Bush then said to City Clerk Lorenzo Luaces, "And you will check with Commissioner Krebs but once you check with her, we will say the 7 [Of October 2009]; and once you have confirmed, you will let us all know City Clerk Lorenzo- Luaces responded, "Yes." REPORTS 403. Commission Seat Three Gary Bonner Commissioner Bonner welcomed Mayor Bush back from vacation. REPORTS 404. Commission Seat Four Sally McGinnis No Report. REPORTS 405. Commission Seat Five/Deputy Mayor Joanne M. Krebs Absent. REPORTS 406. Office Of The Mayor John F. Bush Mayor Bush mentioned a Wagner's Curve Dedication Ceremony scheduled for August 22 °d 2009 and distributed invitation cards related to this Event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 7 OF 16 Mayor Bush then noted that at a recent City Commission Meeting, it had been suggested that a letter be written to the citizens regarding the TRIM (Truth -in- Millage) Notice. Mayor Bush added, "Kevin (Smith) put together I thought a really nice letter, and I made just one very small change to it." A copy of the draft letter was then distributed. Mayor Bush pointed out, "The only thing that I added is I put that table in there that shows the different taxing jurisdictions, the current year, and then what they are proposing next year, and the change. I thought that would be more informative for people." Commissioner Brown suggested that be highlighted. Mayor Bush agreed with Commissioner Brown. Commissioner McGinnis mentioned the words "...taxes you are proposed to pay" and recommended a grammatical change be made to this sentence. Mayor Bush then said to Manager Smith, "We will take another look at it." Manager Smith explained, "The plan was to put it on the Website and then have the letter available to Commissioners should they need to utilize it in conversations with their constituents." Commissioner McGinnis suggested a notice could be placed in Utility Bills to advise citizens to review the letter on the City's Website. Brief discussion. REPORTS 407. Commission Seat One Jean Hovey Commissioner Hovey commented on the Ropes Course that she and Ms. Joanne Dalka, Director, Information Services Department took for Leadership Seminole last Friday and mentioned that she and Ms. Dalka had climbed a thirty foot (30') pole, and also walked across thirty foot (30') poles. Mayor Bush stated, "Congratulations Joanne (Dalka) and Commissioner Hovey." REPORTS 408. Commission Seat Two Rick Brown Commissioner Brown asked about an inventory of Affordable Housing numbers in the City and wondered when this information would be available? Mr. Stevenson gave a brief update on the data collected thus far and mentioned, "I am going to be out the next Meeting, so we may wait until the first Meeting in September it is up to Kevin (Smith); but we are working on those numbers." Secondly, Commissioner Brown mentioned discussing the history of Winter Springs and he had had a recent discussion with Richard Grogan and suggested that a Historical Society type Committee be formed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 8 OF 16 Discussion ensued on possible Volunteers and Mr. Grogan's Barber Shop, which was the site of the first City Hall. "I WOULD LIKE TO MAKE A MOTION THAT WE ASK THE CITY MANAGER TO HAVE SOMEBODY ON STAFF AT LEAST HAVE AN INITIAL CONVERSATION WITH MR. GROGAN ABOUT THAT BUILDING AND TO AT LEAST FOSTER PUTTING TOGETHER THE WINTER SPRINGS HISTORICAL SOCIETY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MANAGER SMITH COMMENTED, "I WOULD PRESUME THAT THE COMMISSION WOULD LIKE TO MAKE THOSE APPOINTMENTS TO THIS AD HOC COMMITTEE AND WE WOULD NEED TO BRING THIS BACK AS AN AGENDA ITEM FOR THE PURPOSE OF MAKING THOSE APPOINTMENTS MAYOR BUSH ADDED, "WHEN YOU COME BACK, YOU SHOULD HAVE HOW IT WOULD BE ORGANIZED, AND HOW MANY PEOPLE AND I THINK APPOINTMENTS NEED TO BE MADE BY THE COMIVIISSIONERS LIKE THEY APPOINT EVERYBODY ELSE..." COMMISSIONER McGINNIS NOTED, A MISSION STATEMENT AND ALL THAT..." MANAGER SMITH ADDED, "...BE HAPPY TO DO THAT." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC INPUT Mr. Arnie Nussbaum, 687 Andover Circle, Winter Springs, Florida: commented on the Special Events Committee and mentioned they would be having their next meeting on Thursday, August 13, 2009 at 4:00 p.m. at Beef O'Brady's, and that the City Commission was invited to attend their meetings. Discussion followed on appreciation by the City Commission, Sunshine Laws, and Mayor Bush commented that if Staff was there, they could bring back a report to the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 9 OF 16 Commissioner McGinnis mentioned she had an idea to share and would try to attend this week's meeting. Further comments. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney And The Police Department Code Enforcement Bureau Requests That The City Commission Hold A Second Public Hearing To Consider Ordinance Number 2009 -02, Amending Chapter 20 Of The City Of Winter Springs Code Of Ordinances, As It Relates To Prohibit Parking Vehicles On Sidewalks And In Front Yards And Provide Standards For Parking Areas On Residential Properties. Commissioner McGinnis spoke for the Record and stated that "I think you have done a great job." Attomey Garganese read the Ordinance by "Title" only. Brief comments were made by Captain Glenn Tolleson, Police Department. 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. "MOTION TO APPROVE ON SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 10 OF 16 PUBLIC HEARINGS 501. Community Development Department Requests The Commission Consider The Aesthetic Review For A 8,464 Square Foot (SF) Single Story Child Care Facility. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item and showed proposed color samples. Brief comments. 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. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Not Used. PUBLIC HEARINGS 503. Office Of The City Attorney And Office Of The City Clerk Request The City Commission Approve And Adopt Ordinance 2009 -14 On Second Reading, Which Revises Section 2 -93. Of The City's Code Of Ordinances Related To The City's Canvassing Board For All City Elections. Attorney Garganese read Ordinance 2009 14 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 11 OF 16 "MOTION TO APPROVE ON SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Utility Department Requesting The City Commission Review The Recommendations Of The Utility Rate Study. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department introduced this Agenda Item and referenced the Rate Study document that was on the City's Website. Mr. Jack Burgiel, Public Resources Management Group, Inc., 225 South Swoope Avenue, Maitland, Florida: offered comments related to this Agenda Item. Discussion. Tape 1 /Side B Further discussion followed on payment issues and related Policies. Commissioner Bonner spoke of the "Once in ten (10) year Policy, and what would it take Mr. Manager, if we wanted to change that once in ten (10) year Policy to give Staff more customer service capability and latitude." Manager Smith mentioned, "It would be a Policy adjustment." Furthermore, Manager Smith noted, "A Resolution adopted by this Commission. I can tell you that we are currently looking into a multitude of Policies." Manager Smith added, "Once we have a Finance Director on Staff, I anticipate that will be his or her first order of business and I hope to come back to you with some significant improvements in the customer service area as it relates to our Policies in short order." Water quality was then briefly addressed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMIIIISSION REGULAR MEETING AUGUST 10, 2009 PAGE 12 OF 16 Mr. Lockcuff explained, "Our intent was to bring back the First Reading of the Ordinance on August 24 [2009]. In this week's Bill mailing, we will have notification of the Second Reading on September 28 [2009]." Mr. Lockcuff added, "We will have a good five (5) weeks of notification going out there." Discussion followed on payment and hardship cases and what services our Staff can offer in such cases. Regarding the issue of efficient water consumption, Commissioner McGinnis suggested that water efficiency tips be kept on the City's Website. Further discussion. Mayor Bush asked, "Can we have a Motion to approve his recommendation "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, MOTION "TO APPROVE THE RECOMMENDATIONS OF THE REPORT AND PREPARE FOR THE FIRST READING OF THE ORDINANCE." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Utility Department Requesting The City Commission Review The Proposed Storage Tank Location West Of Oak Forest For Reclaimed Water Augmentation. Brief comments ensued with Mr. Lockcuff and the City Commission. "MOTION TO POSTPONE ITEM `601'." MOTION BY COMMISSIONER BONNER SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH NOTED, "MOTION TO POSTPONE `601' UNTIL OUR NEXT MEETING." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 13 OF 16 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 602. Community Development Department Customer Service Division Wishes To Provide The City Commission With Updated Information On The Administration Of The Residential Compatibility Regulations. Mr. Stevenson presented this Agenda Item. Much discussion. Mr. Stevenson said to the City Commission, "How can we maybe eliminate some of these items on this list; and go back to providing over the counter permits through our customer service people we can certainly look at that; if that is your direction." Commissioner McGinnis suggested Staff bring back a proposal. Discussion followed on compatability and not conformity; and Mayor Bush recommended not being subjective. Continuing, Mr. Stevenson noted, "I think what I have heard from the Commission is to try to find a middle ground here, to still address the real needs that we have." Mayor Bush referenced Commissioner Brown and suggested, "We have got to get rid of being subjective." Commissioner Brown added, "If we are going to re -write this I would really like to see it worded in such a way that it cannot be used as a tool." Commissioner Brown further noted, "I don't want it to be written in such a way that it can be used as a punitive tool by anybody in management or anybody in administration of the City to launch any kind of personal attacks against anybody in the community." Further comments. Tape 2/Side A Commissioner McGinnis suggested there might be other models that could be considered. Mr. Stevenson noted, "What we will attempt to do I think what I am hearing is that, yes, we still want to look at these, but they need to be as objective as possible, with criteria." Mayor Bush added, "I think the Ordinance has to be written so that a person could read it and understand what they need to do." Mayor Bush then stated, "I think the middle ground recommendation." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 14 OF 16 REGULAR 603. Public Works Department Requests The City Commission Review The Final Engineering And Landscape Plans For A Proposed Tuscawilla Country Club Golf Course Feature Dry Retention Area, Located On The North Side Of Northern Way West Of Wicklow Way. This Agenda Item was discussed at the beginning of the Meeting. REGULAR 604. Community Development Department Requests That The City Commission Consider Allowing Personal Storage In Lieu Of A Retail Use Within Parcel 14 -B Of The Oviedo Marketplace PUD (Planned Unit Development) (And Development Of Regional Impact DRI). Mr. Stevenson presented introductory information related to this Agenda Item. Discussion. Manager Smith spoke for the Record and mentioned that Mr. Stevenson was referencing "Tax revenues." Further discussion followed. Manager Smith commented, "I know that was a lot of information that Randy (Stevenson) brought forward and I don't think that that would be the information that we historically provided to the Commission in making these type of decisions, however, Staff feels adamantly that this type of information is important; that you need maximum information to make your decisions. However, if you feel that it is a little bit I don't want to use the word `burdensome', please let us know because it is very labor intensive; but we believe it to be important work and we would like to continue to bring it to you for your consideration." Commissioner McGinnis stated, "In this instance, it is important." No objections were noted. Attorney Garganese addressed a Land Use issue. Attorney Garganese noted, `Because there is a gray area here, under the DRI (Developments of Regional Impact) Statutes, we would have to tie this down in a Development Order to make it clear." Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 15 OF 16 "I MOVE THAT WE APPROVE THE PROVISION OF PERSONAL STORAGE FOR PARCEL 14 -B IN LIEU OF RETAIL OFFICE, BUT SUBJECT TO THE CONDITIONS STATED BY OUR CITY ATTORNEY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE NOTED, "AND THOSE CONDITIONS THAT WE WOULD COME BACK TO YOU WITH A MODIFICATION TO THE DEVELOPMENT ORDER THAT ENUMERATES SPECIFICALLY WHAT THIS `USE' IS, AND WHERE IT IS LIMITED TO, BASED ON THE PROPOSAL..." COMMISSIONER McGINNIS ADDED, "...CORRECT..." ATTORNEY GARGANESE CONTINUED, "...AND, WE WILL BRING IT BACK AS SOON AS WE CAN GET IT DRAFTED AND FINALIZED." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 605. Community Development Department Requests The City Commission Consider The Ladybird Academy Final Engineering/Site Plan And The Associated Development Agreement/Zoning Restriction Modification. The Site Is Located On The North Side Of SR (State Road) 434, Immediately East Of The South Seminole Christian Church And South Of The Barrington Estates Subdivision. Mr. Baker began the discussion on this Agenda Item. With comments, Mr. Baker explained, "We recommend approval of the Site Plan, subject to the Development Agreement." Mayor Bush asked for a Motion on the "Site Plan". "MOTION TO APPROVE." MAYOR BUSH ADDED, "MOTION TO APPROVE BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 10, 2009 PAGE 16 OF 16 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush asked for a Motion on the "Development Agreement "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. In conclusion, Commissioner Bonner remarked, "I do want to compliment Staff, Randy (Stevenson) on that excellent economic impact discussion that you shared with us, relative to taxable values and so on, on that storage item. That bit of information is new, refreshing, and for me a great piece of important information in aiding, making an important decision on behalf of our citizens, so thank you!" ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:15 p.m. RESPECTFULLY SUBMITTED: I LORENZO- LUACES, MMC CIT CLERK APP ED: M '2 (dee'a4 MA OR JOHN F. BUSH NOTE: These Minutes were approved at the August 24, 2009 Regular City Commission Meeting.