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HomeMy WebLinkAbout_2009 12 14 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING DECEMBER 14, 2009 CALL TO ORDER The Regular Meeting of Monday, December 14, 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, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, absent Public Works/Utility Department Director Kip Lockcuff, present City Attorney Anthony A. Garganese, arrived at 5:16 p.m. A moment of silence was held, followed by the Pledge of Allegiance INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Sally McGinnis asked about the Winter Springs Town Center. City Attorney Anthony A. Garganese arrived at 5:16 p.m. With discussion, Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department spoke on the Owners; Tenants; and a recent meeting that City Staff had attended. Deputy Mayor Joanne M. Krebs commented on the need for some buildings to be cleaned and mentioned there was at least one (1) light pole that was leaning (in the area of Wendy's). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 2 OF 24 Mr. Stevenson then commented on maintenance issues and added, "I'll take a look at that one and I have several people to call - I can call them tomorrow on that." With further remarks about the light pole, Mr. Stevenson stated, "I will take a look at that tomorrow Commissioner, and like I said, I think maybe we can determine which maintenance company we need to be talking to on that and I will be in touch with them." Deputy Mayor Krebs asked if the Bank drive -thru could be taken down? Commissioner Gary Bonner asked about the Tuscawilla Greens project. Brief discussion. The Winter Springs Town Center was again discussed and Commissioner Rick Brown said to Mr. Stevenson, "There are banks of lights in the parking lot that do not light." Furthermore on the Tuscawilla Greens project, Mr. Stevenson stated, "I do know that in our discussion with Taylor Morrison, [Inc.] they are sticking to those Architectural Plans, so the homes should be the same." Mr. Stevenson added, "At least, that is what we are holding them to." INFORMATIONAL 101. Parks And Recreation Department Wishes To Inform The City Commission Regarding Recommended Changes To The Schedule Of Fees For Various Parks And Recreation Facility Uses. With discussion, Commissioner Brown noted, "Was there any consideration given to instead of doing a short three (3) month, at the end of the year, actually selling a fifteen (15) month membership, so that they get a reduced rate on the three (3) months ending - but we already have the funds collected for the upcoming year ?" Continuing, Mayor Bush asked Mr. Pula, "Is there any reason you couldn't do that ?" Mr. Chuck Pula, Director, Parks and Recreation Department stated, "No. We can do that." Deputy Mayor Krebs asked what programs the City offers Seniors, and what the Senior Association offers Seniors? Mr. Pula said, "I probably need to bring you back a list." Deputy Mayor Krebs stated, "That will be fine." INFORMATIONAL 102. Office Of The City Manager Transmitting The City's Fiscal Year 2009 4 Quarter Financial Report. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 3 OF 24 INFORMATIONAL 103. Information Services Department Wishes To Inform Commission Of The Upcoming Launch Of The New Winter Springs Website On December 15, 2009. There was no discussion on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION TO APPROVE THE INFORMATIONAL AGENDA." VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200.1 Public Works Department Requests The City Commission's Authorization To Enter Into An Agreement With The St. Johns River Water Management District For Funding Construction Of The Solary Canal Regional Stormwater Treatment Area. There was no discussion on this Agenda Item. CONSENT 200.2 Public Works Department Requests The City Commission's Authorization To Execute A Quit Claim Deed From The St. Johns River Water Management District For Acquisition Of The 28.9 Acre Property For The Solary Canal Regional Stormwater Treatment Area. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 4 OF 24 CONSENT 201. Parks And Recreation Department Recommending The City Commission To Authorize The City Manager To Grant A Utility Easement To Progress Energy (FPL) From SR-434 (State Road 434) To The Back Left Side Of The Permanent Dog Park And Approve The Cost Of $6,698.24 To Provide Underground Service For The Permanent Dog Park. This Agenda Item was not discussed. CONSENT 202. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute An Addendum To The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. For The 33 Annual Central Florida Scottish Festival And Highland Games. There was no discussion on this Agenda Item. CONSENT 203. Office Of The City Clerk Requesting Approval Of The November 17, 2009 City Commission Workshop Minutes. No discussion. CONSENT 204. Office Of The City Clerk Requesting Approval Of The November 23, 2009 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" [CONSENT AGENDA]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 5 OF 24 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor And City Commission Presentation Of Resolution Number 2009 -56 Expressing Appreciation to Dale Kirby For His Service As A Member Of The City Of Winter Springs' Code Enforcement Board. Mayor Bush noted that Mr. Dale Kirby could not attend this evening, and suggested the Resolution be sent to him. AWARDS AND PRESENTATIONS 301. Office Of The Mayor Presenting A Proclamation Affirming Our Partnership With The United States Census Bureau In Support Of The 2010 Census. Regarding this Agenda Item, Mayor Bush briefly referenced this Resolution. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Attorney Garganese first commented on the Anderson's Coach Works, Inc. Case and explained that the Seminole County Fire Marshal advised his office that Anderson's Coach Works, Inc. had closed. Attorney Garganese then noted that a recent letter from the Attorney representing Anderson's Coach Works, Inc. mentioned they were possibly considering another action and might possibly dismiss this lawsuit after January 2010. Regarding the City of Winter Springs v. Lexon [National Union Fire Insurance Company of Pittsburgh, Pennsylvania] Case, Attorney Garganese noted this pertained to the Jesup's Reserve Performance Bond. Attorney Garganese explained that based on discussions between our City Engineer and the Adjuster representing Lexon [National Union Fire Insurance Company of Pittsburgh, Pennsylvania], the Adjuster has been telling us we should be expecting a "Formal offer to settle." Attorney Garganese then advised the City Commission that should the City receive a written formal settlement, that he would forward it to the City Commission as soon as possible. Attorney Garganese then commented on the Stormwater Case - Jones v. Winter Springs and noted that the Plaintiff filed an Amended Complaint and that his office had filed a "Motion to Dismiss" which was denied by the Judge. Attorney Garganese explained that his office would now be answering the Amended Complaint. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 6 OF 24 Furthermore, Attorney Garganese added, "We still have not heard formally regarding the City's conceptual settlement offer regarding the natural canal that runs through Dunmar Estates. We'll keep you apprised. Hopefully, we'll hear something from the Plaintiff regarding that proposed conceptual settlement." Next, Attorney Garganese spoke about a recent Pro Se lawsuit — "Gump v. the Police Chief and a couple of our Officers ". Attorney Garganese noted that his office will be "Filing a response of pleading - we believe that the allegations made by this individual are completely without merit, but we will be defending accordingly." Continuing, Attorney Garganese explained that related to the Tuscawilla Greens project, sometime after January 2010, an issue related to the Tuscawilla Country Club's fourth tennis court will probably come before the City Commission. Attorney Garganese mentioned that the Principal suggested they would be asking the City Commission to possibly Amend "The condition that the tennis court be completed by the 33 Certificate of Occupancy." Attorney Garganese added, "So, that's going to be an issue that you all are going to have to wrestle with because that addresses several issues. One, that fourth tennis court was a recreational amenity that was tied to Recreation Concurrency requirements and was also part of the consideration that the City received in the Settlement Agreement. So, we'll frame all the issues and - we will be bringing that back to you sometime after the first of the year." Lastly, Attorney Garganese explained they have met with the International Brotherhood of Electrical Workers, whose Pension Fund currently owns Phase II of the Town Center and they are suggesting a substantial Amendment to the Development Agreement. Attorney Garganese added that it would possibly be brought to the City Commission sometime after January 2010. Discussion followed on the Tuscawilla Greens project; and Maintenance Bonds/Performance Bonds. Commissioner Bonner stated, "In light of the experience we had with the Jesup's Reserve project across the street, will we be changing our standard Bonding language and/or clarifying what is covered and what is not, so we don't end up in a question mark between whether the Performance Bond covers or the Maintenance Bond covers and so on and so forth? Is there a way to clarify this time around ?" Attorney Garganese explained, "Once the infrastructure is approved and accepted, then the City will receive a Maintenance Bond which requires that the property be maintained for two (2) years..." Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department noted, "...Two (2) years. It's only what we accept, which in this case would be the Water and Sewer Improvements for a Performance Bond for any unfinished work." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 7 OF 24 Attorney Garganese added, "Now typically, if the property has been Conveyed to the City and the infrastructure is being built on City property, then the Performance Bond is generally received as part of the Plat and early on in the project." Commissioner Bonner said to Attorney Garganese, "There was some question as to which of the two (2) Bonds were covering certain incomplete infrastructure items across the street at Jesup's Reserve and — this Commission made a decision to proceed with spending the citizen's money to complete those improvements on behalf of the citizens during the time when we had this question about the Bonds and the coverage. I just want to clarify my understanding that when we go to acceptance and we write these or issue these Bonds or these Bonds are issued for Maintenance and Performance, that the Bonds on the [Tuscawilla] Greens project - there is a way to avoid repeating that experience. We won't have a Jesup's Reserve question mark occur in the event, it is unfortunately necessary to pursue the Bonds for some matter." Mr. Lockcuff said, "I would say it's different in a sense that the only public infrastructure would be the water and sewer lines, whereas Jesup's Reserve had the public streets, and the alleys were private. It's pretty clear in our mind where that line is drawn. I think anytime you make a claim against the Bond, having a Bond and then having a Callable Bond are two (2) different things. So, I think we in our mind had a pretty good idea what was Maintenance and what was Performance; but when you're trying to argue that with a point with Attorneys involved, then obviously there is a difference of opinions. I don't know - we can take a look at that to see if there is some different language. I don't think there is anything specific in the Code that I am aware where it spells that out. Maybe we use Tuscawilla Greens as a test case when we bring that forward." Commissioner Bonner then inquired, "Is there any way for the Bonds to be written in such a manner to - I guess make them a little more clear or give us more control over the outcome of that decision that we experienced in the case of the Jesup's Reserve, on behalf of the citizens ?" Attorney Garganese said, "It could also be a very technical Engineering question - how you dissect all the different components of the project. Further comments followed on the Tuscawilla Greens project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 8 OF 24 REPORTS 401. Office Of The City Manager — Kevin L. Smith Mr. Lockcuff stated, "No Report." Mayor Bush mentioned to Mr. Lockcuff that as he walks around his neighborhood he often sees City trucks driving around. Mr. Lockcuff mentioned that City vehicles are marked with the division they are affiliated with; and suggested that Mayor Bush advise him about which specific City trucks he sees driving around. Mr. Lockcuff said he could then advise Mayor Bush better as to where the vehicle was going. Deputy Mayor Krebs said to Mr. Lockcuff, "On the corner of Winter Springs Boulevard and Oak Forest Drive, there is a huge patch of something that has been dug up - what is it and when is it - going to get fixed ?" Mr. Lockcuff stated, "I'll check on it." Commissioner Bonner then asked Mr. Lockcuff about the Trail Bridge project. Continuing the discussion with Mr. Brian Fields, P.E., City Engineer, Public Works Department, Mayor Bush said to Mr. Fields, "What you sent me, just send it to the rest of the Commissioners." Mr. Fields briefly addressed the City Commission and added, "I will send the email out." Mayor Bush added, "Think that ought to go on the Website, too." Commissioner Bonner stated, "That is a good idea." Deputy Mayor Krebs agreed and stated, "Yes." Commissioner Bonner then suggested, "Maybe an eAlerts." Regarding possibly using a Press Release from Seminole County, Mayor Bush remarked, "The Press Release did not go into the detail though that you just stated." Next, Mayor Bush said to Mr. Lockcuff, "At the intersection of Greenbriar (Lane) and - Chestnut Ridge (Street), the markings that you put on the street - for pedestrians to cross, they are practically non - existent anymore." Mr. Fields stated, "We'll take a look at it." Lastly, Mayor Bush suggested that the Bridge on Northern Way (across the creek) needed to be painted. Mr. Fields explained he had put in a Work Order and noted, "We'll check that out." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces asked if the City Commission had anything in particular they would like to have for their Workshop on Advisory Board and Committees scheduled for Monday, February 1, 2010. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 14, 2009 PAGE 9 OF 24 Mayor Bush said to City Clerk Lorenzo - Luaces, "Why don't you give the Commission time to think about it and get back with you on that one - why don't you send an email to everybody saying what you just said." City Clerk Lorenzo - Luaces stated, "Okay." REPORTS 403. Commission Seat Five /Deputy Mayor — Joanne M. Krebs Deputy Mayor Krebs commented on a previous discussion related to an Agreement with the Incubator project and the construction of related buildings. Deputy Mayor Krebs then asked if there was "Something we could do to put it down in writing that - `We are not going to hold you to that'." With further comments on the Incubator project, Commissioner Brown suggested a "Review annually, to see where we are - then we can decide when to extend, based on what our experts are telling us about the economy, and business development." Commissioner Brown added, "I hate to let that Agreement just go away and say, `We are going to relieve you of it', because we really do want to see that building there." With discussion, Attorney Garganese suggested bringing this Agreement back to the City Commission at the second Meeting in January of 2010. Deputy Mayor Krebs stated, "That would be fine." Mayor Bush summarized, "Second Meeting in January [2010] Commissioners - is that okay?" Deputy Mayor Krebs remarked, "Okay." Commissioner McGinnis stated, "Good." No objections were voiced. Next, Deputy Mayor Krebs briefly referenced the recent Holiday Parade and Christmas Tree Lighting Event and noted, "Chuck (Pula) - that was done very, very nice and thank you to you and your Staff." Next, Deputy Mayor Krebs commented on a latest Vote by the City Commission related to the proposed 4 of July Event and commented on the merits of putting on a 4 of July celebration, and what it means to the community. Tape 1 /Side B Discussion followed on the economy; spending or not spending tax dollars for such Events; sponsors; quality of life; and possible ways to charge such as one dollar ($1.00) per person or charging by family or by car. Commissioner Brown mentioned he would consider this, if funding options such as charging at gates was considered. Further comments continued. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 10 OF 24 Commissioner McGinnis also stated that she was waiting for "A cost breakdown on what all these venues cost each taxpayer - I guess that is forthcoming ?" Mr. Pula addressed charging to park vehicles, traffic issues; charging on a per person or family basis and noted, "It is something we could bring back to you for your consideration." "I WOULD LIKE TO MAKE A MOTION TO RECONSIDER THIS FOR DISCUSSION." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION IS TO RECONSIDER THE 4 OF JULY - THE FIREWORKS IN LIGHT OF THE DISCUSSION THAT WE HAVE HAD." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Mr. Pula added, "Second Meeting in January [2010] ?" Mayor Bush said to the City Commission, "Second Meeting in January [2010] ?" Deputy Mayor Krebs responded, "Okay." Commissioner McGinnis commented, "That is fine." No objections were noted. Lastly, Deputy Mayor Krebs wished everyone a Merry Christmas. REPORTS 404. Office Of The Mayor — John F. Bush Mayor Bush mentioned last weekend's Candy Cane 5K and said, "Thought it was a success." Mayor Bush added that Mr. Fields came in as 3 overall and Commissioner Brown added, "Number 1 in his age group." Secondly, Mayor Bush remarked that he had been in touch with someone who is interested in opening a new restaurant in the Town Center and suggested that Commissioner Brown speak with this individual. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 11 OF 24 Then, Mayor Bush referenced some upcoming events including the next Mayors and Managers Group Meeting; and the Central Florida Legislative Delegation at the University of Central Florida. Regarding the Oviedo - Winter Springs Regional Chamber of Commerce Trustees Luncheon scheduled for December 15, 2009, Mayor Bush asked that if anyone on the City Commission wanted to attend, to let the City Clerk know. Concluding his Report, Mayor Bush mentioned that on December 21, 2009 is the "Light Up UCF (University of Central Florida)" event, and which is also known as "Winter Springs Night ". Mayor Bush added that donations would be made in honor of a Charity of the Mayor's choice. REPORTS 405. Commission Seat One — Jean Hovey Commissioner Jean Hovey noted that she attended the first meeting of the Winter Springs Historical Society. Next, Commissioner Hovey mentioned her family; and also wished everyone "Merry Christmas ". REPORTS 406. Commission Seat Two — Rick Brown Commissioner Brown asked for an update on some electrical equipment located at Vistawilla Drive and Nandina Terrace which had been marked with graffiti and asked why it took four (4) weeks for this to be taken care of. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department stated, "I'll find out." Commissioner Brown then mentioned the upcoming "Shop with a Cop" Event. Deputy Mayor Krebs also commented on this Event and asked that she be contacted by Police Department Staff Member Allison Smith. Next, discussion followed on the timeline for the Vistawilla Drive turn lanes. Lastly, Commissioner Brown commented on the turn lane at Papa Tony's. Discussion followed with Mr. Fields who noted, "If the Commission would like, we can bring this back. We did an Agenda Item about a year ago - we went through about four (4) options to address that problem. The Commission did select to use the Hayes Road Plaza, but since that project is on hold - we could revisit those options. At least present them and provide an update at the first Meeting in January, if that's okay?" Deputy Mayor Krebs stated, "That is fine." Commissioner McGinnis and Commissioner Bonner nodded affirmatively. No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 12 OF 24 REPORTS 407. Commission Seat Three — Gary Bonner Commissioner Bonner explained he had recently attended two (2) Homeowner's Association Meetings and specifically regarding a meeting with the Arrowhead Homeowner's Association, Commissioner Bonner noted, "I am sorry that Manager [Kevin L.] Smith is not here, but I am very pleased to say that we not only addressed all of their questions to their satisfaction, but we actually were very successful in engaging that community in - part with at least a better understanding of the direction we are taking as a community to address all of the issues, such as what St. Johns River Water Management's [District] 2013 Cap does to us; as well as our desire to expand Reclaimed infrastructure." Commissioner Bonner also thanked Mr. Lockcuff for his prompt help in fixing a resident's leak on their property. Continuing, Commissioner Bonner remarked, "One of the suggestions that did come out of that meeting on the communications side which I think is an excellent suggestion; so, Kip ( Lockcuff) perhaps you could take this back as a note for the Staff Meeting - is to see if we couldn't reach out to all of the Homeowner's Associations and encourage all of the Homeowner's Association leadership and board members - at least invite them to become active with the new eAlerts email system. I couldn't answer the question as to how many Homeowner's Associations there are in the City, but I know there are quite a few and they probably serve a good half of our citizens, maybe even more - so, if we could get to those board leadership people with our eAlerts, I think we could touch a great many citizens in our communications goals. So, that was a suggestion from the Arrowhead community." Commissioner Bonner also mentioned an Arbor Glen Homeowner's Association meeting he had attended and thanked Mr. Stevenson for some assistance he had given Commissioner Bonner. Concluding his Report, Commissioner Bonner remarked, "I have had a lot of positive feedback about the outcome of the house on Gator Lane, so thank you to whoever we owe thanks to, for taking care of that matter after many, many years." REPORTS 408. Commission Seat Four — Sally McGinnis "OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE - I AM NOMINATING RAQUEL SANTANA." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 13 OF 24 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Mayor Bush noted that with this Motion, Regular Agenda Item "604" was now taken care of. Commissioner McGinnis wished everyone a "Happy New Year ". PUBLIC INPUT Ms. Brenda Brown, 211 Nandina Terrace, Winter Springs, Florida: commented on some family issues involving Courtney Canova, who was the poster Artist for the recently held Oviedo - Winter Springs Regional Chamber of Commerce's Art Festival. Ms. Brown also mentioned that a Trust Fund had been set up at Trustco Banks for this family; and asked the City Commission to assist in getting the word out to help this family. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Consideration Of Ordinance 2009 -15, Amending The Comprehensive Plan To Incorporate The Annual Update To The Capital Improvement Element (CIE) Required By Rule 9J -5.016 FAC (Florida Administrative Code) And Chapter 163, Part II, F.S. (Florida Statutes). Mayor Bush stated, "Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 14 OF 24 Attorney Garganese read the Ordinance by "Title" only. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input " portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department Requests The City Commission Hear The Request For A Waiver From The Six (6) Foot Side Yard Setback Set Forth In Section 20 -186. Of The City Code, Pursuant To The Waiver Criteria And Procedure Detailed In Section 20 -34., To Allow The Expansion Of An Existing Domicile At 204 Elderwood Street (Lot 28 Of Foxmoor, Unit 1, P.B. (Plat Book) 19, Pages 70 & 71), Which Is As Close As Approximately 5 (Five) Feet Of The Side Lot Line (To Allow As Much As A One Foot Encroachment Into The 6 (Six) Foot Side Yard Building Setback). Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. Discussion. 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 — DECEMBER 14, 2009 PAGE 15 OF 24 "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Parks And Recreation Department Requesting The City Commission To Decide If It Wishes The City To Host A Mardi Gras Parade And Festival And If So To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Krewe Of Leaders For The 2010 Mardi Gras Parade And Festival. Mr. Pula began the discussion on this Agenda Item. Discussion. Ms. Mary Alice Wilder, 719 Boysenberry Court, Winter Springs, Florida: addressed the City Commission on this proposed Event. With further comments, a photo copy of the proposed Poster for this Event was distributed to the City Commission by Mr. Paul Sladek. Tape 2 /Side A Discussion followed on a Cancellation Clause in the Contract; to which Ms. Wilder stated, "I would be willing to give you a fifteen (15) day Cancellation." Deputy Mayor Krebs suggested that Ms. Wilder speak with the City Manager about the Contract. Mr. Paul Sladek, 1519 West Broadway Street, Oviedo, Florida: stated, "If I understood Mr. Pula correct, he said we could wait to execute the contract - just the Krewe of Leaders [Inc.] until we are sure we had all the sponsors. Fifteen (15) days or thirty (30) days, would that be acceptable? Because if we don't have to sign the Contract for fifteen (15) days after tonight, then there's no need for an out Clause that gives us fifteen (15) days to withdraw the Contract." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 16 OF 24 Attorney Garganese stated, "If that's the case, then you can approve the Permit Agreement and - it would be effective upon execution by the Krewe of Leaders [Inc.] and you give them fifteen (15) days to execute the Contract or there is no Agreement." Deputy Mayor Krebs noted, "I am not completely comfortable with that because we haven't had the City Manager tell us what he needs as far as the City is concerned." With further discussion, Attorney Garganese asked Mr. Pula, "Is everything in this Agreement acceptable to the Manager ?" Mr. Pula responded, "Yes." Deputy Mayor Krebs then mentioned her concern with an email. Mr. Sladek noted, "I think an email did get sent to you requesting a change, but since that time, I was able to — address it with Mary Alice (Wilder)." Attorney Garganese said, "That's acceptable and if they don't sign it within fifteen (15) days then it is taken off the table - there is no Event." "MOTION TO APPROVE." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH STATED, "MOTION TO APPROVE THE CONTRACT." VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Utility Department Requesting The City Commission Review The Draft Irrigation Ordinance. Mayor Bush said to Mr. Lockcuff, "This isn't the First Reading of the Ordinance." Mr. Lockcuff stated, "That is correct. Nor will we have a First Reading until we send the draft to the District for the District's input and review." Mr. Lockcuff addressed the City Commission on this draft and mentioned six (6) optional items he would like the City Commission to consider. Mr. Lockcuff then remarked, "We have had in place since 2002, restrictions on Reclaimed to twice a week. My recommendation is year - round, leave that at twice a week." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 17 OF 24 Commissioner Bonner stated, "I support that." Commissioner McGinnis said, "Good." No objections were voiced. Water restrictions, notifications; fines, how the City of Oviedo handles such a Policy, and how an Appeals process would work was discussed next. Commissioner Bonner mentioned his preference for some kind of a Peer /Citizen Board to hear Appeals. Deputy Mayor Krebs asked, "Would it be possible either to bring back their process..." Mr. Lockcuff said, "...Sure." Deputy Mayor Krebs continued, "Since we are Policy Makers ourselves, we could create a process where in fact, they could, and that would be through Anthony (Garganese), they could have another step within there, not just - the City Manager or something like that." Mr. Lockcuff pointed out, "And that's my goal - is if you're interested in pursuing it, we could bring back more information for discussion. If you're not, we'll just leave it at the Code [Enforcement] Board." Commissioner Bonner stated, "I want to make sure there is a due process that affords - someone who is cited, to have their opportunity, their Hearing, their day in Court. Where I get concerned is if it becomes a judgment by Staff, even if that Staff person is the Manager." Mayor Bush asked about tampered locks, charges, and who would such Cases be Appealed to? Mr. Lockcuff responded, "I don't think there's an Appeal process." Mr. Lockcuff suggested, "We could put that into this new Ordinance or whatever new Ordinance encompasses the enforcement side of that." Attorney Garganese noted that he would like to review the "Enforcement mechanism ". Mr. Lockcuff remarked, "I hear an interest, so we'll pursue more information." Deputy Mayor Krebs said, "Okay." No objections were voiced. Next, the issue of prohibiting Potable Water when Reclaimed Water is available was addressed next. Commissioner Bonner mentioned he was interested in receiving further information on the ten to twelve (10 — 12) homes in Chelsea Woods not migrating in; and commented on communication; encouraging and educating residents to migrate, rather than requiring migration. Also discussed were costs; and whether there were preferred Contractors that could be recommended? Mr. Lockcuff said, "Certainly, we could have a preferred Vendor list of - six (6) or ten (10) Vendors who we feel are providing fair and competitive rates - we could look at that." Deputy Mayor Krebs then asked, "Could we just go out and just find out from these providers ?" Mr. Lockcuff responded, "Sure." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 18 OF 24 With discussion, Commissioner Brown mentioned he liked the time payment idea and added that Progress Energy provides "All kinds of incentives for people for electricity, energy management systems" and inquired, "Are there no state or Federal Grants, rebates or anything for residents to hook up to Reclaimed rather than Potable? Does St. Johns [River Water Management District] not provide any incentives for people to actually do this ?" Mr. Lockcuff said, "We can check." Mandates; reviews; and enforcement action were addressed next, to which Mr. Lockcuff noted, "We may have to commit to it at that point in time, but if you would rather punt at this point in time, that is fine." Mayor Bush and Commissioner McGinnis agreed. On item 4., related to irrigation from a detention pond, Mr. Lockcuff explained, "I think they should be under the same restriction as everyone else as far as the - days of the week; as far as Reclaimed, it's reuse water, surface water - so my recommendation is restrict the detention ponds to the twice a week, same as Reclaimed." Commissioner McGinnis stated, "I agree." Deputy Mayor Krebs commented, "I agree with that." Other Commissioners nodded in agreement. Discussion ensued on median irrigation, consumption, behavior demand, and Reclaimed Water users. Commissioner Bonner said, "I support this, obviously to reduce or load balance the system and my challenge to you is that we're constantly diligent as we continue the expansion to look at ways to reduce capital investment." Mr. Lockcuff remarked, "If we're effective with conservation efforts on Phase I we may not need the - Phase II plant - for huge savings... Commissioner Bonner added, "...Which would allow us to lower the burden on our customers." Discussion followed on irrigation in medians; Reclaimed Water costs; and whether it was possible to make Reclaimed Water more affordable. Mr. Lockcuff then asked the City Commission - "Median irrigation, is that okay - the two (2) days a week, that aren't the standard four (4) ?" Deputy Mayor Krebs remarked, "Yes." Commissioner McGinnis stated, "That is fine." No objections were voiced. Hose Bibbs were addressed next and Mr. Lockcuff noted, "I have no problem with that, if the Commission agrees - I don't have a problem incorporating it in the new Ordinance. It's pretty labor intensive to retrofit, but certainly going forward, we would incorporate that feature in the new services." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 14, 2009 PAGE 19 OF 24 Deputy Mayor Krebs stated, "I think you should incorporate that feature." With further comments, Commissioner McGinnis said, "I like that." Mayor Bush added, "Okay." No objections were voiced. With further brief comments on hand watering, Mr. Lockcuff said, "I will get with Anthony (Garganese) and draft something up and probably won't have the Code Enforcement stuff in there, and it certainly won't have the mandates for the Potable disconnect; but, probably will more closely follow District rules; send it up there - when they bless it which I understand is a cumbersome process, we'll bring it back for First Reading." Commissioner McGinnis then said, "Good job Kip ( Lockcuff)." Deputy Mayor Krebs added, "Thank you Kip (Lockcuff)." Tape 2 /Side B REGULAR 602.1 Office Of The City Attorney Requesting The City Commission To Approve Resolution 2009 -59 Authorizing An Electronic Message Board Feature To Be Incorporated In The Existing Permanent Monument Sign Located At The Entrance Of City Hall On State Road 434 And Establishing A Related Use And Performance Standard Policy. Attorney Garganese introduced this Agenda Item for discussion. Commissioner Hovey asked about the status of a previous related discussion that Indian Trails Middle School had brought forward. Attorney Garganese stated that this was being considered under an InterLocal Cooperation Agreement with Seminole County Public Schools. Continuing, Commissioner Hovey commented, "If we Approve this, then it Approves it for the City but it won't Approve it for anyone else." Commissioner Hovey then asked if we were considering reviewing the Code for other entities? Attorney Garganese stated, "Yes — that's under Planning review. This just opens it up for the City at City Hall to modify the existing monument sign for the reasons that are set forth in the Agenda Item." Mr. Stevenson added, "We are looking at the text, more on a universal basis." Deputy Mayor Krebs mentioned she thought that they had agreed to do something for the schools. Attorney Garganese commented on what was being considered, and Deputy Mayor Krebs then asked, "When do we think we might have that back - to look at it again ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 20 OF 24 Mr. Stevenson responded, "We're working on it now Commissioners - we will get it back to you absolutely as soon as we can. At the earliest, it would probably be the first Meeting in February." Deputy Mayor Krebs added, "Let us just say, by the first of March [Meeting] we have it. Could that be a Consensus of the Commission ?" Commissioner Hovey stated, "That is good." Deputy Mayor Krebs and Commission Brown nodded in agreement. No objections were voiced. Attorney Garganese then explained, "You will note in the Resolution that it establishes certain standards for the monument out front at City Hall. Are those same standards what you want to see with the School District ?" Deputy Mayor Krebs remarked, "I want to see something, so let's start somewhere - I would think the Commission would want to see something." Attorney Garganese added, "Logically, it makes sense that the City is going to impose these standards for itself - that the same standards would apply to the School District..." Deputy Mayor Krebs stated, "...Right." Commissioner McGinnis added, "Yes." Furthermore, Commissioner McGinnis suggested, "There should be one (1) standard." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 602.2 Community Development Department Requesting That The City Commission Review A Proposed Electronic Message Center For City Hall And Approve A Proposal From Eljay Athletic Services For The Purchase And Installation Of The Same At A Cost Of $26,295.00. Mr. Stevenson spoke on this Agenda Item and noted, "This is a three (3) line sign." Further comments followed on moving the seal to the left; a wired or wireless version; and that the price might possibly be lower. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 21 OF 24 Additionally, Mr. Stevenson stated, "I would like to request as part of your Approval if possible, those two (2) modifications - the last one being that we could negotiate the wired version, and as long as it did not exceed the twenty -seven thousand dollar ($27,000.00) budget, you could authorize the Manager and the City Attorney to execute the documents necessary to bring this construction forth." Discussion followed on the best color for the sign. Mr. Stevenson stated, "We will ask them about that." Mr. Stevenson added, "We will confirm that with them, before we move forward." Traffic concerns and distractions related to such signage was addressed next, to which Attorney Garganese explained, "The Resolution imposes a minimum of five (5) minute time period per message, unless it's an emergency; so you're not going to have a lot of flashing. And it's not going to be scrolling." "I WOULD LIKE TO MAKE A MOTION TO ACCEPT THIS ITEM WITH THE CHANGE OF THE SEAL AND ALSO THE RESEARCH ON THE WIRED PORTION OF THE BOX - AND ALSO VERIFICATION OF THE BEST COLOR." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. WITH BRIEF COMMENTS ON THE PRICE, MR. STEVENSON POINTED OUT, "I HAVE REQUESTED - I THINK THE PRICE SHOULD GO DOWN, BUT WE WERE REQUESTING THE FLEXIBILITY AS LONG AS IT DID NOT EXCEED THE BUDGETED TWENTY -SEVEN THOUSAND [DOLLARS] ($27,000.00)." DEPUTY MAYOR KREBS STATED, "OKAY - NOT TO EXCEED TWENTY -SEVEN THOUSAND [DOLLARS] ($27,000.00)." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. REGULAR 603. Community Development Department Requests The City Commission Make The Final Three (3) Appointments To The 2010 Winter Springs Districting Commission. "I WOULD LIKE TO NOMINATE NAOMI ROBERTS" TO THE DISTRICTING COMMISSION. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 22 OF 24 VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. "I WISH TO NOMINATE PAM CARROLL" TO THE DISTRICTING COMMISSION. MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE PATRICK O'BRIEN" TO THE DISTRICTING COMMISSION. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 604. Office Of The City Clerk Requests That Commissioner Sally McGinnis Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee To Fill A Vacant Seat. This was discussed under Commissioner McGinnis' Report as noted on pages 12 -13 of these Minutes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2009 PAGE 23 OF 24 REGULAR 605. Office Of The City Clerk Respectfully Requests That The City Commission Consider Nominating The Next Deputy Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past. Mayor Bush commented, "Joanne (Krebs) has done a great job as Deputy Mayor." Discussion. "I WOULD LIKE TO NOMINATE JOANNE KREBS TO BE DEPUTY MAYOR." MOTION BY COMMISSIONER HOVEY. MOTION DIED FOR LACK OF A SECOND. Further discussion. "I WILL NOMINATE COMMISSIONER BROWN" TO SERVE AS THE NEXT DEPUTY MAYOR. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Deputy Mayor Brown stated, "Thank you." In other City business, Mayor Bush mentioned a meeting he had with Suzanne Kosmas' staff who asked what they could do to help. Mayor Bush advised them about our Water Reclamation Plant and SeminoleWAY; to which one of Suzanne Kosmas' staff suggested the Department of Agriculture may be able to assist and said she would check on that. Mayor Bush also spoke of information on some Grant Money and a January 21, 2010 deadline that he had just sent to the City Manager. Commissioner Krebs commented on an upcoming Economic meeting with Dr. Sean Snaith in January and thought someone from the City should attend; and she would forward the information. Commissioner Krebs and Mayor Bush said they would forward any date information and that perhaps the City Manager could assist. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 14, 2009 PAGE 24 OF 24 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:49 p.m. RESPECTFULLY SUBMITTED: - 01 A LORENZO - LUACES, MMC Y CLERK APPROVED; 4 /ti/Y - 4 :' YOR JOHN ,BUSH NOTE: These Minutes were approved at the January 11, 2010 City Commission Regular Meeting.