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HomeMy WebLinkAbout2008 08 25 Consent 205 Approval of the August 11, 2008 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 11,2008 CALL TO ORDER The Regular Meeting of Monday, August 11,2008 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 Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 5: 16 p.m. A moment of silence was followed by the Pledge of Allegiance. City Attorney Anthony A. Garganese arrived at 5: 16 p. m. Regarding Agenda Changes Mayor Bush said, "Commissioner, if you have no objection, I am going to move '601' up to be the first Regular Agenda Item." Commissioner Sally McGinnis stated, "Okay." No objections were noted. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Discussion followed with Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department. . : ~ ;J-~ · ....J .. ~ ~ w- ~ ~ ~ Ll--..J I. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 2 OF 30 INFORMATIONAL 101. Not Used. INFORMATIONAL 102. Office Of The City Manager Providing The City Commission With Information Regarding The City Pension Plan's FY (Fiscal Year) 2008 Year To Date Investment Performance. No discussion. .:. .:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGES 12-16 OF THESE MINUTES. .:..:. INFORMATIONAL AGENDA INFORMATIONAL 103. Office Of The City Manager Responding To Commissioner Brown's Inquiry Regarding Vistawilla Office Center, Inc. Phase II. Commissioner Robert S. Miller spoke for the Record about this Agenda Item. "I WOULD MAKE A MOTION THAT WE - APPROVE THE FINDING OF AN INDEPENDENT PERSON TO LOOK INTO THIS AND EXPLAIN TO THIS CITY COMMISSION WHY MR. (TOM) CORKERY HAS NOT COMPLIED WITH HIS PROMISES WHICH HE MADE ON FIVE (5) INDIVIDUAL - TIMES. ON THAT NIGHT, HE ASSURED US THAT WITHIN SIX (6) MONTHS, HE WOULD START IF HE HAD THE TWO HUNDRED THOUSAND - NOT HE, BUT THE MONEY WOULD BE GIVEN TO UCF (UNIVERSITY OF CENTRAL FLORIDA) - THEY WOULD THEN PAY IT TO HIM IN RENTAL OF HIS OFFICE SPACE. UCF (UNIVERSITY OF CENTRAL FLORIDA) GOT THE TWO HUNDRED THOUSAND AND HE HAS NOT BEGUN CONSTRUCTION." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. Commissioner Joanne M. Krebs suggested, "1 request that this be pulled." Mayor Bush asked, "Everybody okay with that?" Commissioner McGinnis stated, "1 agree." No objections were noted. Mayor Bush then said, "We will put that under the Regular Agenda. " . : ~ ;:,~ · ...J ......v ~ ~ -=-~ ~..l t::::::J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 3 OF 30 MAYOR BUSH STATED, "MOTION TO APPROVE INFORMATIONAL [AGENDA] BY COMMISSIONER GILMORE." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY CLERK ANDREA LORENZO-LUACES ASKED, "JUST TO CLARIFY, THIS IS NOT INCLUDING ITEM '103' WHICH HAS MOVED TO REGULAR." MAYOR BUSH NOTED, '''103' HAS BEEN PULLED." Note: Due to technical difficulties, the next audiotape was used. Tape 2/Side A .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARIL Y IN THE ORDER DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 200. Office Of The City Manager Requesting Commission Approve Resolution 2008-35 For Purposes Of Collection Of Delinquent Fire Assessments From FY (Fiscal Year) 2008 Via The Property Tax Rolls. Mr. Kevin Smith, Director, General Services Department spoke on this Agenda Item. Discussion followed with Members of the City Commission. With further discussion, Mayor Bush summarized, "Leave it like it is." CONSENT 201. Community Development Department Requests The City Commission Approve The Attached Brochure For Distribution, Related To Temporary Signs (Including Political Signs). Discussion. Commissioner Rick Brown asked Attorney Garganese, "The sign square footage for non- residential property is nine (9) square feet. Has there been a change in the law from the last Election period? In the last Election period, there were several 4' x 8' signs that were erected on private property. This says we should treat all 'Political' signs the same as we would with temporary signs, limiting their square footage. How does that fall in line with protective campaign advertising?" ~ : ~ ;=. ~ ~ W I ....., ~ E:::~ ~ -:: L.~ t....J CITY OF WrNTER SPRrNGS, FLORIDA MrNUTES CITY COMMISSION REGULAR MEETrNG - AUGUST 11,2008 PAGE 4 OF 30 Attorney Garganese commented, "In [20]'06 we adopted the new Sign Code Ordinance on October 23rd." Commissioner Brown stated, "We had thirty-two (32) square foot signs in many locations." Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department noted, "Sometimes signs are put up without going through the Permitting process. Sometimes people don't know to go through the Permitting process." City Manager Ronald W. McLemore stated, "I don't think we wrote it for thirty-two (32) square feet in residential areas, did we?" Commissioner Brown, "No, no, this is non- residential, commercial areas". Manager McLemore, "Commercial only, okay." Attorney Garganese added, "I'm not aware of that situation, but you are saying there might be signs out there that are not in Compliance with our Sign Code?" Commissioner BroWfl inquired, "What is legally enforceable or required when you are talking about a 'Political' campaign sign, which is 'Political' advertising as opposed to temporary signage of advertising means for private enterprise." Attorney Garganese responded, "We don't distinguish between political advertising or commercial advertising, or issue campaigning, or anything of the sort. The way the Code is written, content is totally irrelevant - we regulate the size of signs and certain types of signs. 'Temporary' signs all fall under one (1) category called 'Temporary' Signs and depending on whether it is residential or non-residential, there are different size requirements for the sign. But if the message that somebody wants to convey, they can convey, they just have to convey it on the signs - within the Code." Commissioner BroWfl then asked, "So, there is no exemption for political, as there is with the canvassing law?" Attorney Garganese responded, "Not that I'm aware of." Commissioner BroWfl said, "Because in canvassing door to door, we have an Ordinance that says there is no door to door soliciting anywhere in the City, but political canvassing is exempt under the..." Attorney Garganese noted, "... That's door to door solicitation, that's not posting signs." Continuing, Commissioner BroWfl added, "I know. I was asking, since that is exempt in that case, there is no exemption for political advertising when it comes to signs." Attorney Garganese remarked, "Not to my knowledge, we don't discriminate between 'Political' signs and any other signs, we treat them all the same. We try to create some reasonable size dimensions for temporary signage that everybody could live with in all cases, whether it's a commercial speech or a campaign, or the like." With further comments, Ms. Sahlstrom replied, '''Political' signs are 'Temporary' signs, yes, it applies to all of that." IL ~ ~ ~~ .. ...:::J · ....;J .~ ~ c.;-6 -~ ~ t:..L:I t:=' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11, 2008 PAGE 5 OF 30 Deputy Mayor Donald A. Gilmore added, "The reason I asked is that it says 'Temporary' signs, and then under it says 'Political' signs. It would seem to me that this only applies to 'Political' signs. It is a brochure on 'Political' signs." Ms. Sahlstrom noted, "The intent is for people to know that it applies to 'Political' signs. The term 'Political' signs is not in our Code because of what Anthony (Garganese) just described - that we're content neutral, but if we were to just say 'Temporary' signs then people wouldn't understand that this applies to 'Political' signs; so, the intent of this brochure is to target 'Political' signs, even though they're really referred to as 'Temporary' signs in our Code. So, this is just a brochure for this time of the year; and then we'll probably remake it and put a different picture on the front and take off that part and it will still apply to any 'Temporary' sign, but for general distribution at a later time." Attorney Garganese further noted, "'Political' signs has always been treating them just like any other sign." Discussion followed on the amount of time to approve Permitted signs. Attorney Garganese explained, "You need to keep in mind - the way the Code is written, some signs are exempt from the Permitting requirements. The smaller signs - don't have to go through Permitting requirements. As Eloise (Sahlstrom) says, that forty-five (45) days is a maximum time period. It's written as a maximum. The decision can be made much sooner; but from a Constitutional standpoint, you need to set some time period in your Ordinance, and you shouldn't set it too low, and you can't set it too high. Forty-five (45) [days] has been upheld by the Courts, that's why it's in there. Maybe a little bit longer - than maybe you'd like, is because some of the signs are going to have to go through aesthetic review. If it's Commercial, if it's part of a commercial development, it may take longer than forty-five (45) days in which the Permit is signed because it is done in conjunction with a Development project, and hopefully they're not all these Permit Applications are not being decided in forty-five (45) days but, it's a maximum time period." Further discussion. CONSENT 202. Utility Department Requesting Authorization To Piggyback Contracts For Reynolds Inliner, LLC To Perform Sanitary Sewer Line Rehab At A Cost Of $187,112.80. Brief discussion. .f::"'~ ~ ~ ID""~~ ~ ~ ~ ~ ~ t:.:::1J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST I I, 2008 PAGE 6 OF 30 CONSENT 203. Police Department Requesting The Commission To Give Approval For The City Manager And Police Chief To Renew The Annual School Resource Officers Inter-agency Agreement Between The City Of Winter Springs And Seminole County School Board. Discussion followed with Chief of Police Daniel J. Kerr, Police Department. CONSENT 204. Office Of The Mayor Requesting Approval Of Resolution Number 2008-34 Expressing Appreciation To Sherri P. Moore For Her Service On The Code Enforcement Board. No discussion. CONSENT 205. Office Of The City Clerk Approval Of The July 23, 2008 City Commission Roundtable Discussion Summary Minutes. There was no discussion on this Agenda Item. CONSENT 206. Office Of The City Clerk Approval Of The July 28, 2008 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 207. Public Works Department Requesting Authorization To Enter Into Continuing Services Agreements For Civil Engineering Services With The Firms Recommended By Staff's Selection Committee. No discussion. .- = ~ ~ :A~ I ..J ......c:J ~ Ir~_~ .....!"'~ ~..J ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 7 OF 30 CONSENT 208. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. "MOVE FOR APPROVAL [CONSENT AGENDA]." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "In the Binford v. City of Winter Springs Sign Code Case that's currently pending before the 5th District Court of Appeals, we filed our Answer Brief to Mr. Binford's Appeal on Friday, so that case is progressing still." Next, Attorney Garganese commented on the Jesup's Reserve Performance Bond and explained that he and the City Manager, Mr. Brian Fields, P.E., City Engineer, Public Works Department, their Attorney and the Surety discussed the demand the City has placed on the Bond. -=: : ~ :J-- · c.::J ~ :=x=J ~ ~ ~.::l ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11, 2008 PAGE 8 OF 30 Attorney Garganese explained, "We left that meeting with two (2) follow-up items - Brian (Fields) will be working with their Engineer, and they are going to be coming up with a list of items hopefully that we all can agree to and a projected dollar amount that it would cost to complete those items at Jesup's Reserve. And then the other follow-up item, it will involve Jesup's Landing which we discussed. We are going to be expecting some proposal from the Surety regarding Jesup's Landing and all of the outstanding work that would need to be done there under the Bond. And that's how we left it, and so I'll keep you apprised." REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore asked about Informational Agenda Item "103". Next, Manager McLemore spoke of tomorrow night's Budget Workshop and asked if a later date could be scheduled for future Budget Workshops. Mayor Bush stated, "So, you are asking if we are going to have a Meeting tomorrow or not? Commissioners, do we need to have a Meeting tomorrow or not?" Commissioner McGinnis stated, "No." Commissioner Krebs remarked, "We can postpone it." No objections were voiced. Mayor Bush summarized, "Everybody in agreement?" Commissioner Brown stated, "Yes." Next, Manager McLemore showed several options on the full page ads for a Chamber of Commerce publication. Discussion. "I MAKE A MOTION THAT WE APPROVE THE FIRST ONE THAT WE SAW [BLUMBERG BOULEVARD]." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. ~ : ~ ::'.1. -'-""" I' ..J II ~ ~ ~-= ~~ - -:: L~ ~.L~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 9 OF 30 Manager McLemore commented further on the Fire Consolidation and Millage issue. Mr. Smith reviewed some information with the City Commission and a Memorandum from Manager McLemore. With concerns about this issue, Mayor Bush suggested this issue be addressed in the next Newsletter. Manager McLemore added, "I think - we need to get this information out in the next Newsletter." Lastly, Manager McLemore briefly addressed the signage issue coming up on tonight's Agenda. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Five - Joanne M. Krebs Commissioner Krebs suggested the City hold some kind of farewell BBQ for the City's Firefighters when they join Seminole County and/or some kind of a pin they could wear on their uniform which would show they were a Winter Springs Firefighter. Manager McLemore thought it would be a great thing to do. Mayor Bush stated, "I think it is a good idea too." Commissioner Krebs suggested that Mr. Kip Lockcuff, Director, Public Works Department could advise the City Commission on the cost to do such a BBQ. Mayor Bush suggested, "Kip (Lockcuff) can look it up and get back to us." Manager McLemore said, "We can get it funded." Mayor Bush noted, "If we can get it funded outside of tax dollars, that would be great." Commissioner Krebs added, "That would be wonderful." Manager McLemore asked, "Would you want to invite people from the County or just this group?" Mayor Bush suggested, "Why don't you talk to the Firefighters and see what they say." "I WOULD LIKE TO MAKE A MOTION TO DIRECT THE CITY MANAGER TO FIND SOME INFORMATION OUT ABOUT DOING A FAREWELL BBQ FOR THE FIREFIGHTERS OF WINTER SPRINGS." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. cr ~ ~ ;:) ~ · V I ~ ~ c::::> ~ t:::~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST I I, 2008 PAGE 10 OF 30 MAYOR BUSH AND COMMISSIONER McGINNIS SUGGESTED USING THE TERM 'APPRECIATION' INSTEAD OF 'FAREWELL'." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS 404. Office Of The Mayor - John F. Bush Mayor Bush advised Chief Kerr about very high grass at 160 Tarpon Circle. REPORTS 405. Commission Seat One - Robert S. Miller Commissioner Miller commented on Code Enforcement actions and suggested that Staff look at that section of our Code and perhaps consider changes so we can get into the enforcement faster. Brief discussion followed on Notice requirements and the current process. REPORTS 406. Commission Seat Two - Rick Brown Commissioner Brown mentioned for the Record about a Commission on Ethics Complaint and noted he had waived his right to Confidentiality. Commissioner Brown mentioned that he had provided a copy to the City Attorney and presented a copy for the Public Record through the City Clerk. Commissioner Brown suggested that the City Commission also get copies. Tape 2/Side B REPORTS 407. Commission Seat Three/Deputy Mayor - Donald A. Gilmore No Report. .: : =--: :::r~ .. Q It--d ~~ ~ :;:1) ~-:.::~ ~I ~) CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE II OF30 REPORTS 408. Commission Seat Four - Sally McGinnis No Report. PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on the Vistawilla project and Bart Phillips's Industrial property. Ms. Frankie Elliot, 1330 Lee Road, Orlando, Florida: spoke on real estate signage issues, and gave a copy of her organization's Ordinance to the City. Ms. Patricia Biechele, 645 Saranac Drive, Winter Springs, Florida: Mayor Bush stated, "Is in favor - I am sure you are in favor of signs right, but doesn't wish to address the Commission. Mr. Raymond Biechele, 645 Saranac Drive, Winter Springs, Florida: Mayor Bush said, "Also is in favor of it - does not wish to address the Commission." Ms. Kim Coburn, 1778 Seneca Boulevard, Winter Springs, Florida: commented on real estate signage and open house signs. Ms. Toni Igler, 1117 Cheetah Trail, Winter Springs, Florida: commented on Code Enforcement regulations related to open house directional signs. Mr. Paul Partyka, 292 Salaris Wharf, Winter Springs, Florida: noted Mayor Bush being on the cover of "Connect" magazine; suggested a temporary solution to real estate signage issues; and mentioned a Panel Conference he wanted to hold at City Hall on September 16th, 2008, related to a local Broker's Conference. Mr. Partyka added, "If you want, I will give that document/letter and I could provide that to you tomorrow." Mayor Bush said, "Submit the letter Paul (Partyka) and then - check and see if there is anything else going on in here." In other City business, discussion ensued on Budget Workshops. Mayor Bush suggested, "Tuesday, September 2nd [2008]?" Commissioner Miller stated, "Okay with me." Commissioner McGinnis remarked, "That is fine." Commissioner Brown asked, "And that would be then canceling the [August] 19th [Workshop]..." Commissioner Krebs added, "...And the 18th [August]." Manager McLemore stated, "Yes." Mayor Bush summarized, "18th and 19th [August 2008] Meetings would be cancelled and the Budget- Workshop would be on Tuesday, September the 2nd [2008] - 5:30 [p.m.]. Is that okay?" No objections were noted. ~ : ~ ~ fl}Q iI--.....1 ~ ~ ~.-:: ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST II, 2008 PAGE 12 OF 30 Mayor Bush called a Recess at 6:30 p.m. The Regular Meeting was called back to Order at 6: 41 p. m. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED AGAIN, THIS TIME INDIVIDUALL Y, AND AS PREVIOUSLY NOTED ON PAGE 2 OF THESE MINUTES. .:..:. INFORMATIONAL AGENDA INFORMATIONAL 103. Office Of The City Manager Responding To Commissioner Brown's Inquiry Regarding Vistawilla Office Center, Inc. Phase II. Commissioner Brown spoke for the Record on the status of this project. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the City Commission on the economy and this project and stated, "We've had no other anchor tenants come to take - an anchor tenant to Mr. [David] McLeod and myself, the other owner of the property is about 8 to lO,OOO square feet, and so we have approximately 4,000 square feet left to lease in our Phase I building that has been vacant now for some time. It's very slow. We still feel very positive about the location, but as far as - meeting the deadlines we agreed to, the economy has totally changed." Continuing, Mr. Corkery stated, "So, I guess we'd ask for a little patience and really an extension of the Developer's Agreement and once again, I don't know how long this is going to last for, I mean - every day we read something different." Continuing, Mr. Corkery remarked, "Anyway, some sort of extension, a year or two (2) I think would be appropriate in today's circumstances. But, let me tell you, my lot is all ready to go. Utility lines are in there and as soon as we have an anchor tenant, and if it comes tomorrow, we're ready to come in, pull the permit and build it. So, and really that is all that we're waiting for. We have our advertiser, marketing and all the websites, the loop nets, and dot nets and all them - across the nation, listed with the MLS (Multiple Listing Service) with all the Brokers and commercial, we don't know what else we could possibly do to bring an anchor tenant to this location. But it will come, we just need some patience with that and some help from you." Manager. McLemore noted, "There's really no default here on the terms until sometime I believe in October when there's a payment required because the building is not complete. . : ~- -: ~ ....J ~ ~ c-~ ~ ~-L.":J t::t CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 13 OF 30 Technically, it is not in keeping with the Agreement because we didn't pull a Permit, but there is no sanction or penalty that I'm aware of for not pulling the Permit - if at that point in time there's a date certain there for completion of the second building, and if that's not met, then there was a fifty thousand dollar ($50,000.00) penalty, so it's really not right for any kind of default at this point in time. But it would be at that point in time, a year, approximately eighteen (18) months from now, I believe." Commissioner Brown inquired, "Did you say eighteen (18) months from now?" Manager McLemore responded, "Well, remember that again the first sanction really is when the building is not completed by, if you look in the Agreement it will tell you, in October of [20]'09? Right, that's when the real first sanction would happen, and even though you haven't pulled a Permit yet and it's required, I don't see any real sanctions in there that would happen until then. So, its good to have discussion now because of the issues - it would be very difficult - to wait six (6) months for this, and then say you have got to do this in the next few months, that's being practical. So, it's a good time for this to come out and get some sense of where we're going here and what the Commission is willing to do. But, at this point in time, there's really no sanctions for the Commission to take as I understand the Agreement. " Commissioner Brown suggested that Mr. Corkery and former Commissioner David McLeod ask the City Clerk for a copy of Commissioner Miller's comments. Commissioner Miller stated, "I listened to the tape when I saw this item. Mr. Corkery didn't leave himself any room. It's nice for him to come before us now and say has anybody been aware of the economic situation for the last three (3) years I think was what you said - in the United States. On July 23, 2007, we were all sitting here and - we were informed by Mr. Corkery at least five (5) times that the deal was the following: He was only at 62% occupancy in Building 1. He needed to get to ninety-two percent (92%) I think it was before he could - free up financing for the second building. It was either ninety-two (92) or ninety-six percent (96%). It was one of those two (2) numbers. And he would take his time about starting the second building, and that he would do that when the economics justified it. But, if the City wanted to put up two hundred thousand dollars ($200,000.00), make it available as a grant - make it available to UCF (University of Central Florida), and their Incubator. The Incubator would move into his building and pay him rent at a reduced rate immediately and if we did that, he would begin construction of the second building within four (4) to six (6) months. That was the Agreement. .- --: ~ ~ ..v l\-d ~ ~ .,...... -II: ~...:'J ~~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST I I, 2008 PAGE 14 OF 30 You said it. You said I do not have a major tenant right now for my second building, but if you provide the two hundred thousand [dollars] ($200,000.00), I am going to go ahead and start the building anyway, even without a major tenant. We agreed. I didn't Vote for it that night, I wanted to wait, because we were already in a budget crunch - we still are; but this Commission approved two hundred thousand dollars ($200,000.00) for UCF (University of Central Florida) to move into - his building, and they are now paying him rent. He got up to ninety-six percent (96%). The financing was freed up. You agreed to start the second building. You already said in July of 2007, 1 don't have a major tenant, or an anchor I think was the word you used, and 1 found it strange that you would make that commitment, but that is the Agreement that we thought we had with you. And now it is a year later, and you haven't - even started construction on that building. You made a commitment and you didn't keep it. And what concerned me about this item, tonight, is there is wording in here about just as you said, give me a break you know, I can't find a tenant; 1 don't really want to start the second building. But our City has got two hundred thousand dollars ($200,000.00) tied up in your building, which we thought would free up and get your second building started. You also and several others, made the comment that within four (4) years the two hundred thousand [dollars] ($200,000.00) would be repaid in taxes to the City from the second building. Well, that's obviously not going to happen now for maybe three (3) or four (4) years, if we give you the break that you want. So, fine, even if it's from the first building, but that his comment was 'I will start the second building'. You have your occupancy that you need on the first building, and you have not fulfilled your Agreement, and that's what concerns me. I asked about it one or two times in the interim, and was told we're working on it, it's underway, it's going to start. And 1 kind of forgot about it until 1 saw this. I listened to the tape and the tape is very clear - that five (5) times you said 'Commissioners, 1 will build that second building within - I'll start within four (4) months, if you provide the two hundred thousand dollars ($200,000.00) Grant.' 1 also asked that night, why is nobody here from UCF (University of Central Florida)? The Mayor said, 'Excuse me, but the light IS on for Commissioner Brown.' Commissioner Brown made a Motion to Approve. It passed by a Vote of 2-2, and it was a hang-up, because Commissioner Krebs wasn't here that night. Mayor Bush broke the tie by voting for it. That's where we are at." Deputy Mayor Gilmore stated, "I think it is important to realize one thing, we actually did not commit this money to Mr. Corkery, it was to the UCF (University of Central Florida) Incubator..." Commissioner Miller noted, "...If they moved in and took 10,000 square feet of his building." ~ ~ :r- ....-0 f d :;:c:J c:::> -1iI ~-- ~ '==' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE IS OF 30 Additionally, Deputy Mayor Gilmore added, "And, that is really what we wanted. I think we were looking to increase the future business presence on the east side in that area, and that building certainly has done that, and will hopefully do it in the future. I think there is another thing we ought to recognize - very shortly our Police Department will go into a substation in that building at no charge to this City in operating cost or anything else, I think the permit fee was dropped. But, we need to give some consideration of the fact that Mr. Corkery has donated 1100 or 1200 square feet or something. It doesn't cost us a penny, and - that's some payback for us too." Commissioner Brown stated, "The long-term economic gain to this City by securing the UCF (University of Central Florida) Incubator as part of this development is huge. The economics speak for themselves. It just doesn't make any sense to me that in these difficult economic times, we would not be willing when the appropriate time comes and if it is necessary at that time to have a conversation with the Developer about modifying terms or whatever the situation may be that he needs to make this project viable. I unfortunately - I have to agree with Mr. Corkery, when you look at what the economic situation is today and what it was last year, it continues to be vastly different. It has continued to decline. So, I think it is very short-sighted of this Commission, especially when we still have eighteen (18) months to go to be already setting the ground work to penalize somebody who has taken a risk and risk comes with value in the business world, of upwards of thirty million dollars ($30,000,000.00) for these two (2) buildings and more with the other Developments that have gone on, not to mention the gifts that Mr. Corkery has given to the City, such as the weight room and the Police Department." Commissioner McGinnis remarked, "Well, Commissioner Brown, you are making an assumption that we are looking at sanctions. I am not supporting that. I think that we are all victims of the economic situation today and we really don't have the power to do much about it right now, so - I think to me it's a no-brainer. I think we will work with you. I believe you don't want this situation any more than we do - your money is tied up in it, not mine." Mayor Bush stated, "I would like to recommend that the Commission ask Mr. Corkery and the Manager to get together to work out the details on this so that it takes into consideration the things that have been brought up." "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE TO ASK MR. CORKERY AND THE MANAGER TO LOOK AT THIS AND COME BACK WITH A RECOMMENDATION." DISCUSSION. lII[ ~ ~~ :::r-- Il)-~ ~ ~ ~~ ~ ~ ~~i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 16 OF 30 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REGULAR AGENDA REGULAR 601. Community Development Department Requests That The City Commission Consider The Request By Representatives Of Local Realtors To Waive The Sign Code For Real Estate Signage. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Attorney Garganese spoke on legal aspects related to signage. Ms. Barbara Coy, 731 Sandpiper Circle, Longwood, Florida: as a Realtor, Ms. Coy commented on the economy and real estate signage and asked if they and the City could work together on a solution. Tape 3/Side A Discussion ensued. Some signage examples were passed out by Attorney Garganese. With further discussion, Attorney Garganese said, I'd be happy to go back and analyze the specific type of requests and come back to you." Deputy Mayor Gilmore suggested that it would serve both the Realty people and the people that are having to sell their homes if Attorney Garganese worked on some possible suggestions to resolve these issues. Ms. Coy noted, "We don't need to be on right-of-ways first of all. I just want to say that. " c = :---: ~=- " ..:.:.J Dw'O ~-U ~: ::P __ -41 - t:'-r.:lI ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 17 OF 30 With further comments, Commissioner McGinnis asked Ms. Coy, "About how many directional signs does it take - on an average to direct somebody to a site? Three (3), four (4)?" Ms. Coy responded, "It depends where it is, but yes, three (3) or four (4) would be a good average. If it's right off the highway, just one (1), but usually, personally, I take three (3) to four (4)." Commissioner McGinnis asked about how the effectiveness of this - how many houses did it sell and how many people showed up? Commissioner McGinnis added that she would like to know the results. "I WOULD LIKE TO MAKE A MOTION THAT THE ATTORNEY WORK WITH REPRESENTATIVES OF THE REALTORS ASSOCIATION AND OR THEIR COUNSEL AND COME BACK WITH SOME ALTERNATIVES FOR US TO LOOK AT WHAT WOULD ACCOMPLISH WHAT THE REALTORS ASSOCIATION IS SEEKING, WHILE NOT COMPROMISING OUR CURRENT CODES." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 600. Office Of The City Manager Requesting Direction From The City Commission Regarding A Financial Partnership With The Scottish Highlands Games Organization For The 2009 Games Event In Winter Springs. Mr. Ennis Pruitt, 679 Cheoy Lee Circle, Winter Springs, Florida: commented on the Highland Games. Discussion. Commissioner Krebs asked that this be included in the Budget with other possible Events for the City Commission to consider. Commissioner McGinnis also thought that this and all Events needed to be considered. ~ ~ ~ ::r-- IUr".J .....d :;x:I c:=,.') ~ ~ t::::' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 18 OF 30 Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: stated, "The Highlands Games events are things that we have on our events calendar and we intend to be involved and supportive in some way. What we've learned over the past year is that sponsor dollarships are quite constrained in these days and our ability to support it is really a function of how much we can deal with sponsorship to underwrite our costs, because we're not a purely charitable organization. Last year, through the Offices of the City Manager, we were able to bring in some significant dollars that might not otherwise be available; so, if some similar help from the City was forthcoming, and to the extent that we were able to sell some sponsorships, we do intend to support it, but I think to set your expectations, we have to keep them at a fairly low level, certainly not to the extent of underwriting a third of the cost in that area. I think we have to set our expectations lower than that." Discussion. Commissioner Brown suggested the City consider a fifty percent (50%) partnership. With further discussion, Manager McLemore said, "All I'm asking is to give me an opportunity to sit down and see what we can come up with." Commissioner Krebs noted that she would like to see the 4th of July event and our City's 50th Birthday incorporated into an Event next year. Discussion. MOTION TO "AUTHORIZE THE CITY MANAGER TO START LOOKING INTO THIS SO THAT THE SCOTTISH HIGHLAND GAMES CAN GO AHEAD AND DO WHAT THEY NEED TO DO TO MAKE THEIR END OF THIS THING HAPPEN IN JANUARY, KNOWING WHAT IT MIGHT BE THAT WE WOULD CONTRIBUTE. I THINK SOMETHING ALONG THE LINES OF WHAT WE DID LAST YEAR WOULD BE MOST SUITABLE. IF THE CHAMBER IS NOT ABLE TO COME UP WITH THAT MONEY, I THINK WE WOULD THEN ASK THE CITY MANAGER TO LOOK INTO ALTERNATIVES - JOINT VENTURE TYPE THINGS." MOTION BY COMMISSIONER MILLER. MAYOR BUSH SUGGESTED, "WHY DON'T YOU ASK IN YOUR MOTION - INCLUDE THE CHAMBER IN THIS DECISION?" COMMISSIONER MILLER SAID, "I WOULD INCLUDE THE CHAMBER." SECONDED BY COMMISSIONER BROWN. DISCUSSION. a: -: ~ :',.:r- Ii' '-' ~ :;x:J c::::> .~ ~~ e:;:::.,"1 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11, 2008 PAGE 19 OF 30 COMMISSIONER MILLER ADDED, "IF THE CHAMBER COMES UP WITH A LESS AMOUNT, THE CITY MANAGER WOULD LOOK FOR ALTERNATIVES THAT WOULD FILL THAT GAP." COMMISSIONER McGINNIS INQUIRED, "WHY WOULDN'T THE HIGHLAND GAMES COME UP WITH OPTIONS?" COMMISSIONER MILLER ADDED, "THAT IS AN OPTION, COMMISSIONER." MANAGER McLEMORE ADDED, "THAT'S PART OF THE NEGOTIATIONS." COMMISIONER MILLER THEN SAID, "HE WOULD TALK TO WHOEVER HE NEEDS TO TALK TO." COMMISSIONER BROWN ASKED MANAGER McLEMORE, "WHEN YOU COME BACK, I WONDER IF THERE WOULDN'T BE SOME - TRYING TO PUT TOGETHER ALONG WITH THE CHAMBER, A SPONSORSHIP COMMITTEE, MAYBE SOMEBODY FROM CITY STAFF TO WORK WITH SOMEBODY AT THE CHAMBER..." MANAGER McLEMORE STATED, "...SURE..." COMMISSIONER BROWN CONTINUED, "...TO ACTUALLY GO OUT AND START SOLICITING SPONSORSHIPS JOINTLY TO SEE WHAT WE CAN DO TO DEFRAY THE OVERALL COSTS." Tape 3/Side B VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Commissioner Krebs asked about a Marching Band for Christmas. Mr. Pruitt stated, "1 can help you with Christmas by the way - we work with Caroling groups." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager And Office Of The City Attorney And Community Development Department - Planning Division Request That The City Commission Continue The Public Hearing For Adoption Of Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 General Commercial District. Mr. Stevenson spoke on this Agenda Item. a: -: ~ ~ .. "" I!-d ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 20 OF 30 Continuing, Mr. Stevenson stated, "There have been a couple of requests ofthe Applicant which have been documented at the end of your Agenda Item in a letter from - Mr. Garganese's office; and I believe there have been some other changes as recently as today. I think you have documentation on those as well in a Memo from the City Manager." Deputy Mayor Gilmore commented that "Mr. (Bart) Phillips and I have had several discussions on this issue." Deputy Mayor Gilmore continued by referencing the Ordinance and stated, "Item (34) - there was a concern in item (34) and Ron (McLemore) has covered this under 20.252 in the attachment to the - Ordinance. The concern there was as it was written, conceivably, you could have ended up with motor homes and trailers and - big tractor trailers and that on any C-2 area, as long as that C-2 area had a highway and a power line Easement so, we put into that what you see - on the attachment "1" - we put the 'railroad track right-of-way'. In other words, it must have a 'railroad track right-of-way' to work with this. So, you have to have a 'railroad track right-of-way', you have to have a power line Easement and you have to have a highway, so that eliminates these things on [State Road] 434 or wherever you have. We then looked at under 20-256. ill.GU. - we had a problem with that because we didn't know where to go and - it just said - tractor-trailer rigs. So, we met and we further defined what a tractor-trailer rig was. A tractor-trailer rig is a tractor connected to a trailer or a trailer by itself or a tractor by itself. So, we will have no more than twelve (12) of those units together on site." Deputy Mayor Gilmore said to Mr. Phillips, "You are agreeing with that?" Mr. Bart Phillips, 212 Morton Lane, Winter Springs, Florida: stated, "Yes." Continuing, Deputy Mayor Gilmore remarked, "Then we got into item 20-256. ill @, the take home or on repair stuff and we ended up putting that as a 20-256. ill @, and what that is we said that we were going to allow the use of - dual-wheel single - rear axle vehicles which will have a trailer on it. Under the original Ordinance, that was limited to - 14,999 pounds. It was pointed out that that is a very light weight." Deputy Mayor Gilmore then explained, "We opened that up with your blessing to 26,000 pound gross weight, that means the trailer and the vehicle and its contents." Deputy Mayor Gilmore noted, "Dump trucks, going back into the original intent was to eliminate things from the neighborhoods that could show up. And it would not be unusual to have a dump truck with a trailer behind it. We have put that in that they could have as many as six (6) of those dump truck trailer units on site. And, we tried to define what that was and that dump truck would be with a spindle hitch on the trailer. I think to take care of any of these you see pulling a small backhoe or something, again, that is limited to 26,000 pounds." I( --: :...... -: ::x--- ~v ~ ~ c::") ~ ~~.:1 ~=, CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST I I, 2008 PAGE 21 OF 30 Additionally, Deputy Mayor Gilmore stated, "We have to move some numbers in here yet Ron (McLemore), but you can get to that one later. And again, under 20-256.Jl) ill, which limited - him to 14,999 pounds, we opened that up to 26,000 pounds, to be a little bit more realistic in what a - neighborhood contractor could have. And quite frankly, a lot of the boats he is going to store with trailer - boat and trailer could go 10,000 pounds, so I don't think personally that going to 26,000 is pushing the envelope any. And that was about it, we said twelve (12) tractor-trailer rigs, or combinations thereof; dually trucks with a trailer, maximum weight 26,000 pounds, and there were no limits on the number of those that could be in there. You could have six (6) dump trucks and trailer combinations, but no more than six (6). And the weights of all of these items is 26,000 pounds. That is the gross weight-vehicle, plus trailer, plus load." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner McGinnis asked to clarify something - "This 26,000 pounds, that is for any and every vehicle there. Correct?" Deputy Mayor Gilmore responded, "That was what we were intending, yes. It is not going to be on the tractor-trailers, no, or the dumps - it is primarily meant for the neighborhood dually, that is two (2) wheel, single axle rear that has a trailer on it; he may have a back-hoe; he may have a bobcat, something like that. That was the 26,000. The dump trucks and tractor-trailers will be limited by their state law. And again, it is the gross weight, not each individual piece." Mr. Hugh Harling, 850 Courtland Street, Orlando, Florida: remarked, "We appreciate you as a Commission and your Staff working with us and what you have just enumerated works for us. We appreciate your working with us on this. I'd be glad to answer any questions ifthere are any." Commissioner Miller asked, There is an item here on, I haven't had a chance to cross check it with the - it has to do with the additional of not more than over five (5) cargo or shipping containers - to be stored on the property, is that in addition to the..." Manager McLemore said, "... That remains, that remains." Deputy Mayor Gilmore also said, "That remains. That's not part of the trailers, that's cargo containers stored on site." Furthermore, Deputy Mayor Gilmore noted, "The semi-trailer was the typical semi-trailer on the road. The cargo container and the reference to that was quite frankly, I had concerns day 1, Don Gilmore did, of this looking like a cargo container yard. So, we had a lot of conversations about those, because we know some of his product is going to come in on cargo containers. It may be on a flat car, it may be on a semi-trailer, but when it comes in, he will have to off-load that at his warehouse, and he is allowed five (5) of those on site." .. -': ~ ~ ~ """"0 :;x:JJ ~ ~j -- ~""'l I~ _",1 t:."";1J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 22 OF 30 With further comments, Commissioner Miller said, "I am just curious, from the Applicant - could you share with this Commission how you visualize these eighteen- wheelers coming and going on a daily basis - I am just concerned about the impacts on people getting in and out of the Industrial Park." Commissioner Miller added, "How do you visualize your business developil).g with the eighteen-wheelers?" Mr. Phillips stated, "Well, being pragmatic before of actually renting some property down there for tractor-trailers, they used to come in, park, and I wouldn't see them for three (3) weeks. They'd come back, park for a night or two (2) nights, and then pull back out and be gone. That was past, years ago, and in the future, I would think, that it would be the same, if someone just needs to park a truck while they're at home off the road. So, it's not like something is going to be going in and out." Commissioner Miller said to Mr. Phillips, "So, this is not tied to your warehouse - specifically?" Mr. Phillips replied, "No. The containers that will be coming in - we'll be lucky ifit's a couple per month in the very beginning." "I MOVE TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. COMMISSIONER KREBS CLARIFIED, "DOES THAT INCLUDE THE TWO (2) ITEMS ON - OUR ATTORNEY'S P AGE THAT MR. PHILLIPS WAS REQUESTING?" COMMISSIONER BROWN REPLIED, "YES." COMMISSIONER MILLER ASKED, "WHAT HAPPENED TO THE TRAIL SECTION? IS THAT STILL INVOLVED HERE?" MR. PHILLIPS RESPONDED, "OH, YES, IT'S STILL GOING FORWARD." VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney First Reading Of Ordinance 2008-15, Authorizing The Inclusion Of The City In Seminole County's Fire And Emergency Services Municipal Taxing Unit. Mayor Bush asked, "Can we have a Motion to read by 'Title' only?" ~ : ~ ::::r-- .....0 ~ ~ ~ ~j ~-! ~:'J) \?:::;;.1-: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST I 1,2008 PAGE 23 OF 30 "SO MOVED." MAYOR BUSH STATED, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office Of The City Attorney First Reading Of Ordinance 2008-16, Which Amends The City Of Winter Springs' Code Of Ordinances, To Provide That Where A Municipal Election Results In A Tie Vote The Candidates That Receive An Equal And Highest Number Of Votes Shall Run Again In A Runoff Municipal Election To Be Held No Later Than 60 [Sixty] Days Following The Initial Election. Mayor Bush asked, "Do we have a Motion to read by 'Title' only?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST I I, 2008 PAGE 24 OF 30 "SO MOVED." MOTION BY COMMISSIONER KREBS. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Attorney Garganese explained, "I brought to the Commission's attention, that the Supervisor of Elections thought that fourteen (14) days was not enough time to hold a Runoff, given Absentee Ballots and overseas Ballots. We brought to your attention Florida law that allows drawing of lots in the event that there's a tie. The Commission felt that drawing of lots would not be appropriate in Winter Springs, so, we went back to the drawing board, looked at another solution - the solution would be to impose a longer time period for the Runoff. We're proposing that the Runoff if in the event there is a tie, occur no later than sixty (60) days following the initial Election as scheduled by the City Commission. So, in the event there was a tie, the City Commission would have to schedule the Runoff within sixty (60) days. You may be asking, well, what happens - if you can't have a Runoff before the Term expires of one of the Commissioners - under Florida law you might have a situation where you have a brief holdover period, where you have a holdover Commission, a Commissioner waiting for the Runoff to occur. That would be appropriate under Florida law, but the sixty (60) days gives the Commission the flexibility to set the time period based on consultation with the Supervisor, and making sure all other requirements are met; so, there is a possibility that you could have a Runoff prior to the new Commission taking office; it would just depend on the circumstances at the time. So, that's what we are suggesting." "MOTION TO MOVE TO COMMISSIONER BROWN. DISCUSSION. SECOND READING." MOTION BY SECONDED BY COMMISSIONER KREBS. tr -1 ~~ -: ::r:- ~ "'w ~ ~- .,..., ~ ~ t::=J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 25 OF 30 YOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORGILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department - Planning Division Requests The City Commission Remove From The Table And Hold A Public Hearing For First Reading Of Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 .On The East And West Side Of Wade Street From "C-l Neighborhood Commercial" To "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31.(e). Mayor Bush asked, "Do we have a Motion to remove from the Table?" "SO MOYED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. YOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush asked, "Motion to read by 'Title' only?" "SO MOYED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH NOTED, "COMMISSIONER KREBS SECONDED IT." DISCUSSION. YOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. ~ .... ~ ~-'" ~ ~~ ~"1J l?n"''''!/l.-j! ~~~'"Af"J1 C=.:;p ~~ ~jJ ~::.:='! CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST I I, 2008 PAGE 26 OF 30 Attorney Garganese read the Ordinance by "Title" stated, "Just to reemphasize that this is a Restrictive Rezoning Ordinance, First Reading. Since the City Commission has passed Ordinance 2008-10 - if the Commission were to approve this on First Reading, beginning on page 2 and finishing on page 3, we would need to make sure that those two (2) - C-2 Permitted Uses are exactly the same as what was approved in Ordinance 2008-10. I think there was a slight modification to the Outdoor Storage Facility Use that's being requested and just to emphasize that the Effective Date is conditioned upon 2008-10 becoming effective, which would be when and if the Mayor executes it." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Miller stated, "The issue that you just raised, City Attorney, does that need to be included in a Motion to Approve this then, that whatever changes you made reference to, in the previous item should be included in this, or will that be taken care of automatically?" Attorney Garganese responded, "It needs to be included in the Motion, because I think we amended that Outdoor Storage Use very briefly - but, I just want to make sure that if the Commission approves this, that the two (2) Uses that are listed for C-2 mirror what was approved in 2008-10. One other point I need to make is that prior to Second Reading, the Applicant needs to execute a Consent form if the Commission were to approve this Ordinance. They have to Consent in writing because it is a Restrictive Rezoning request and 1just want to put that on the Record." Commissioner Miller said, "On page 4 of 11, the third paragraph down, one of the things that we are negotiating both with the City and Seminole County is the Cross Trail, the thirty-five feet (35') that - you see adjacent to the road there would become part of the Trail system. Is it thirty-five feet (35') now, or still thirty (30)?" Mr. Stevenson noted, "From what we're hearing from the Applicant, it's still thirty (30)." Continuing, Commissioner Miller noted, "I may be wrong, but the - County informed me that the County minimum was thirty-five (35), but they would accept whatever this Commission negotiates, but there is no other thirty foot (30') sections in Seminole County, so this would be below - what the County normally accepts in terms of a Trail, and if it's thirty-five feet (35'), I will support this, but I don't want to support it at thirty (30), sorry". Mr. Stevenson then pointed out, "That's page 4 of 11, that's in the Planning and Zoning Board[/Local Planning Agency] Minutes." ~ ~ ~ ~ f!oe~ ~ ~ ~ ~ t:..~:J ~""1I!'o'Iil ~.~-;~ CITY OF WfNTER SPRfNGS, FLORIDA MfNUTES CITY COMMISSION REGULAR MEETfNG - AUGUST 11,2008 PAGE 27 OF 30 Commissioner Krebs said, "When I had heard about the thirty-five feet (35'), I just want to tell the Commission that I did in fact contact David Martin from the County and questioned it, because it just seemed like after all this time, now suddenly we're looking at thirty-five feet (35'), and Ijust didn't understand where the County was in all of this, as far as these discussions. What he told me was a little bit different than what he told you Commissioner Miller. He told me that he needs thirty feet (30'). They asked him what he needed and he gave the answer of thirty feet (30'). And I asked him, where did the thirty-five feet (35') come from, and he told me, well, it came from above - somewhere above. And I said okay - and I said, "'Who?' And he said it came from Commissioner [Bob] Dallari. And, he said that you had called Commissioner Dallari, and actually I even called Commissioner Dallari, and that Commissioner Dallari was unaware that - we were actually in the Third Reading, and he also told me that - David Martin told me that the thirty feet (30') was what he needed. Yes, he would like to have thirty-five (35), he'd like to have forty (40); but, the thirty (30) was what he absolutely needed. Now - I understand wanting thirty-five feet (35'), I understand that that would be a way to plant - a place to plant more shrubbery and things like that, but - I don't know if Mr. Phillips is willing to give another five feet (5')." Commissioner Miller said, "If that is the case, then I stand corrected. I was told that there is no Trail in the County that is less than thirty-five feet (35')." Continuing, Commissioner Krebs explained further, "I actually pulled the guidelines that we use, and they talk about - a free zone on either side - and then the actual width of the Trail, and added all of that. All of that would equal twenty feet (20'), so I guess that other on each side, that other seven (7) whatever feet or five feet (5') on each side was just extra. And that free zone is actually the area where they would have some plantings and things like that." Commissioner Miller stated, "If the County doesn't have a standard, then whatever he wants to give - is fine, so be it." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. STEVENSON ASKED, "CLARIFICATION? MOVE TO SECOND READING?" MAYOR BUSH STATED, "YES, MOVE TO SECOND READING." III:..- ~ ~- --: ::r-- IL-d t~ ~ ~ -<6l ...e::_<lI ~j r=~l' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- AUGUST 11,2008 PAGE 28 OF 30 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE REMAINING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 604. Office Of The City Clerk Asking If The City Commission Would Like Completed Qualifying Documents And Election Campaign Finance Reports (Prior To And Related To Qualifying) Be Placed On The City's Website At The Conclusion Of This Year's Qualifying Period (For The Upcoming November 4, 2008 Municipal Election). With discussion on this Agenda Item, Commissioner Brown asked, "How soon after the closing of the Financial Reporting period, will they be available on the web?" City Clerk Lorenzo-Luaces, "I have to verify some things; I have to do some Confidentiality checks, so probably within a day or two (2) - they would be done after Qualifying ends; if you are going to include those documents - it will take me a little longer, because there are many more documents, but typically it wouldn't be too long." Commissioner Brown then said, "In the meantime, I know that people usually come in the day of and request them..." Commissioner Brown added, "... Of when the Financial Reports are due - they would still have the ability to do that?" City Clerk Lorenzo-Luaces explained, "We would still not be able to give them the documents until we check certain things - because of the Confidentiality form, we have to go through that on every single thing that somebody requests, so that is going to take a little longer, whether it is by paper or electronic." Commissioner Krebs added, "And this is just after each Report period, correct?" City Clerk Lorenzo-Luaces noted, "That's how we did it before, and I probably should have rephrased the 'Recommendation' - it includes everything the way it's written now, it would include everything up to now; there are some Reports already in, it would include the Qualifying documents and I would think you would want it to include everything up to and past the end of the Election." Commissioner Krebs stated, "Absolutely." II ~ :-*': ~ It ~ ~ ~ ~ ---::: ~ f.~"""'-41 :';,.'SU"".w.o:.".J1 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11,2008 PAGE 29 OF 30 "MOTION TO APPROVE ITEM '604'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 602. Parks And Recreation Department Requesting That The City Commission Consider Approval Of A Proposal To Do The Torcaso Park Master Plan. Mr. Chuck Pula, Director, Parks and Recreation Department spoke on this Agenda Item. "MOVE FOR APPROVAL." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. In other City business, Mayor Bush remarked, "Commissioners, at our last Meeting - the Commission approved a Resolution concerning the Transportation of SWOP (Seminole Work Opportunity Program), it is Resolution Number 2008-39, it is in your red folder- 'RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA ENCOURAGING THE SEMINOLE COUNTY BOARD OF EDUCATION SUSTAIN THE CURRENT LEVEL OF TRANSPORTATION SERVICES PROVIDED TO THE PHYSICALLY AND MENT ALLY IMP AIRED INVOLVED IN A SEMINOLE WORK OPPORTUNITY PROGRAM (SWOP)' - can we have a Motion to approve this?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. 'L ~ ~ ~ ~ ~ ~ ~-:1 ~ It-.. ~~t P~:~;:.f! VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 603. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST I I, 2008 PAGE 30 OF 30 Lastly, the Workshop scheduled for this Wednesday, August 13, 2008 was briefly addressed. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:37 p.m. RESPECTFULLY SUBMITTED: MS. DANIELLE HARKER, DEPUTY CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR , 2008 Regular City Commission Meeting. NOTE: These Minutes were approved at the . ~ : ~ :::r=- I d ~ ~ ~ ~ !Jtl""::Jt."""1l rh.- ....c.;t, f"~l CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 11, 2008 CALL TO ORDER The Regular Meeting of Monday, August 11, 2008 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 Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 5:16 p.m. A moment of silence was followed by the Pledge of Allegiance. City Attorney Anthony A. Garganese arrived at 5:16 p. m. Regarding Agenda Changes Mayor Bush said, "Commissioner, if you have no objection, I am going to move `601' up to be the first Regular Agenda Item." Commissioner Sally McGinnis stated, "Okay." No objections were noted. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Pro i ects. Discussion followed with Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 2 OF 30 INFORMATIONAL 101. Not Used. INFORMATIONAL 102. Office Of The City Manager Providing The City Commission With Information Regarding The City Pension Plan's FY (Fiscal Year) 2008 Year To Date Investment Performance. No discussion. :• • AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGES 12-16 OF THESE MINUTES. • • INFORMATIONAL AGENDA INFORMATIONAL 103. Office Of The City Manager Responding To Commissioner Brown's Inquiry Regarding Vistawilla Office Center, Inc. Phase II. Commissioner Robert S. Miller spoke for the Record about this Agenda Item. "I WOULD MAKE A MOTION THAT WE -APPROVE THE FINDING OF AN INDEPENDENT PERSON TO LOOK INTO THIS AND EXPLAIN TO THIS CITY COMMISSION WHY MR. (TOM) CORKERY HAS NOT COMPLIED WITH HIS PROMISES WHICH HE MADE ON FIVE (5) INDIVIDUAL -TIMES. ON THAT NIGHT, HE ASSURED US THAT WITHIN SIX (6) MONTHS, HE WOULD START IF HE HAD THE TWO HUNDRED THOUSAND -NOT HE, BUT THE MONEY WOULD BE GIVEN TO UCF (UNIVERSITY OF CENTRAL FLORIDA) -THEY WOULD THEN PAY IT TO HIM IN RENTAL OF HIS OFFICE SPACE. UCF (UNIVERSITY OF CENTRAL FLORIDA) GOT THE TWO HUNDRED THOUSAND AND HE HAS NOT BEGUN CONSTRUCTION." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. Commissioner Joanne M. Krebs suggested, "I request that this be pulled." Mayor Bush asked, "Everybody okay with that?" Commissioner McGinnis stated, "I agree." No objections were noted. Mayor Bush then said, "We will put that under the Regular Agenda." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 3 OF 30 MAYOR BUSH STATED, "MOTION TO APPROVE INFORMATIONAL [AGENDA] BY COMMISSIONER GILMORE." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY CLERK ANDREA LORENZO-LUACES ASKED, "JUST TO CLARIFY, THIS IS NOT INCLUDING ITEM `103' WHICH HAS MOVED TO REGULAR." MAYOR BUSH NOTED, "`103' HAS BEEN PULLED." Note: Due to technical difficulties, the next audiotape was used. Tape 2/Side A • • AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. • • CONSENT AGENDA CONSENT 200. Office Of The City Manager Requesting Commission Approve Resolution 2008-35 For Purposes Of Collection Of Delinquent Fire Assessments From FY (Fiscal Year) 2008 Via The Property Tax Rolls. Mr. Kevin Smith, Director, General Services Department spoke on this Agenda Item. Discussion followed with Members of the City Commission. With further discussion, Mayor Bush summarized, "Leave it like it is." CONSENT 201. Community Development Department Requests The City Commission Approve The Attached Brochure For Distribution, Related To Temporary Signs (Including Political Signs). Discussion. Commissioner Rick Brown asked Attorney Garganese, "The sign square footage for non- residential property is nine (9) square feet. Has there been a change in the law from the last Election period? In the last Election period, there were several 4' x 8' signs that were erected on private property. This says we should treat all `Political' signs the same as we would with temporary signs, limiting their square footage. How does that fall in line with protective campaign advertising?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 4 OF 30 Attorney Garganese commented, "In [20]'06 we adopted the new Sign Code Ordinance on October 23rd." Commissioner Brown stated, "We had thirty-two (32) square foot signs in many locations." Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department noted, "Sometimes signs are put up without going through the Permitting process. Sometimes people don't know to go through the Permitting process." City Manager Ronald W. McLemore stated, "I don't think we wrote it for thirty-two (32) square feet in residential areas, did we?" Commissioner Brown, "No, no, this is non- residential, commercial areas". Manager McLemore, "Commercial only, okay." Attorney Garganese added, "I'm not aware of that situation, but you are saying there might be signs out there that are not in Compliance with our Sign Code?" Commissioner Brown inquired, "What is legally enforceable or required when you are talking about a `Political' campaign sign, which is `Political' advertising as opposed to temporary signage of advertising means for private enterprise." Attorney Garganese responded, "We don't distinguish between political advertising or commercial advertising, or issue campaigning, or anything of the sort. The way the Code is written, content is totally irrelevant - we regulate the size of signs and certain types of signs. `Temporary' signs all fall under one (1) category called `Temporary' Signs and depending on whether it is residential or non-residential, there are different size requirements for the sign. But if the message that somebody wants to convey, they can convey, they just have to convey it on the signs -within the Code." Commissioner Brown then asked, "So, there is no exemption for political, as there is with the canvassing law?" Attorney Garganese responded, "Not that I'm aware of." Commissioner Brown said, "Because in canvassing door to door, we have an Ordinance that says there is no door to door soliciting anywhere in the City, but political canvassing is exempt under the..." Attorney Garganese noted, "...That's door to door solicitation, that's not posting signs." Continuing, Commissioner Brown added, "I know. I was asking, since that is exempt in that case, there is no exemption for political advertising when it comes to signs." Attorney Garganese remarked, "Not to my knowledge, we don't discriminate between `Political' signs and any other signs, we treat them all the same. We try to create some reasonable size dimensions for temporary signage that everybody could live with in all cases, whether it's a commercial speech or a campaign, or the like." With further comments, Ms. Sahlstrom replied, "`Political' signs are `Temporary' signs, yes, it applies to all of that." CITY OF WINTER SPR[NGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 5 OF 30 Deputy Mayor Donald A. Gilmore added, "The reason I asked is that it says `Temporary' signs, and then under it says `Political' signs. It would seem to me that this only applies to `Political' signs. It is a brochure on `Political' signs." Ms. Sahlstrom noted, "The intent is for people to know that it applies to `Political' signs. The term `Political' signs is not in our Code because of what Anthony (Garganese) just described -that we're content neutral, but if we were to just say `Temporary' signs then people wouldn't understand that this applies to `Political' signs; so, the intent of this brochure is to target `Political' signs, even though they're really referred to as `Temporary' signs in our Code. So, this is just a brochure for this time of the year; and then we'll probably remake it and put a different picture on the front and take off that part and it will still apply to any `Temporary' sign, but for general distribution at a later time." Attorney Garganese further noted, "`Political' signs has always been treating them just like any other sign." Discussion followed on the amount of time to approve Permitted signs. Attorney Garganese explained, "You need to keep in mind -the way the Code is written, some signs are exempt from the Permitting requirements. The smaller signs -don't have to go through Permitting requirements. As Eloise (Sahlstrom) says, that forty-five (45) days is a maximum time period. It's written as a maximum. The decision can be made much sooner; but from a Constitutional standpoint, you need to set some time period in your Ordinance, and you shouldn't set it too low, and you can't set it too high. Forty-five (45) [days] has been upheld by the Courts, that's why it's in there. Maybe a little bit longer -than maybe you'd like, is because some of the signs are going to have to go through aesthetic review. If it's Commercial, if it's part of a commercial development, it may take longer than forty-five (45) days in which the Permit is signed because it is done in conjunction with a Development project, and hopefully they're not all these Permit Applications are not being decided in forty-five (45) days but, it's a maximum time period." Further discussion. CONSENT 202. Utility Department Requesting Authorization To Piggyback Contracts For Reynolds Inliner, LLC To Perform Sanitary Sewer Line Rehab At A Cost Of $187,112.80. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 6 OF 30 CONSENT 203. Police Department Requesting The Commission To Give Approval For The City Manager And Police Chief To Renew The Annual School Resource Officers Inter-agency Agreement Between The City Of Winter Springs And Seminole County School Board. Discussion followed with Chief of Police Daniel J. Kerr, Police Department. CONSENT 204. Office Of The Mayor Requesting Approval Of Resolution Number 2008-34 Expressing Appreciation To Sherri P. Moore For Her Service On The Code Enforcement Board. No discussion. CONSENT 205. Office Of The City Clerk Approval Of The July 23, 2008 City Commission Roundtable Discussion Summary Minutes. There was no discussion on this Agenda Item. CONSENT 206. Office Of The City Clerk Approval Of The July 28, 2008 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 207. Public Works Department Requesting Authorization To Enter Into Continuing Services Agreements For Civil Engineering Services With The Firms Recommended By Staffs Selection Committee. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 7 OF 30 CONSENT 208. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. "MOVE FOR APPROVAL [CONSENT AGENDA]." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese said, "In the Binford v. City of Winter Springs Sign Code Case that's currently pending before the 5th District Court of Appeals, we filed our Answer Brief to Mr. Binford's Appeal on Friday, so that case is progressing still." Next, Attorney Garganese commented on the Jesup's Reserve Performance Bond and explained that he and the City Manager, Mr. Brian Fields, P.E., City Engineer, Public Works Department, their Attorney and the Surety discussed the demand the City has placed on the Bond. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 8 OF 30 Attorney Garganese explained, "We left that meeting with two (2) follow-up items - Brian (Fields) will be working with their Engineer, and they are going to be coming up with a list of items hopefully that we all can agree to and a projected dollar amount that it would cost to complete those items at Jesup's Reserve. And then the other follow-up item, it will involve Jesup's Landing which we discussed. We are going to be expecting some proposal from the Surety regarding Jesup's Landing and all of the outstanding work that would need to be done there under the Bond. And that's how we left it, and so I'll keep you apprised." REPORTS 401. Office Of The City Manager -Ronald W. McLemore Manager McLemore asked about Informational Agenda Item "103". Next, Manager McLemore spoke of tomorrow night's Budget Workshop and asked if a later date could be scheduled for future Budget Workshops. Mayor Bush stated, "So, you are asking if we are going to have a Meeting tomorrow or not? Commissioners, do we need to have a Meeting tomorrow or not?" Commissioner McGinnis stated, "No." Commissioner Krebs remarked, "We can postpone it." No objections were voiced. Mayor Bush summarized, "Everybody in agreement?" Commissioner Brown stated, "Yes." Next, Manager McLemore showed several options on the full page ads for a Chamber of Commerce publication. Discussion. "I MAKE A MOTION THAT WE APPROVE THE FIRST ONE THAT WE SAW [BLUMBERG BOULEVARD]." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST l 1, 2008 PAGE 9 OF 30 Manager McLemore commented further on the Fire Consolidation and Millage issue. Mr. Smith reviewed some information with the City Commission and a Memorandum from Manager McLemore. With concerns about this issue, Mayor Bush suggested this issue be addressed in the next Newsletter. Manager McLemore added, "I think - we need to get this information out in the next Newsletter." Lastly, Manager McLemore briefly addressed the signage issue coming up on tonight's Agenda. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Five -Joanne M. Krebs Commissioner Krebs suggested the City hold some kind of farewell BBQ for the City's Firefighters when they join Seminole County and/or some kind of a pin they could wear on their uniform which would show they were a Winter Springs Firefighter. Manager McLemore thought it would be a great thing to do. Mayor Bush stated, "I think it is a good idea too." Commissioner Krebs suggested that Mr. Kip Lockcuff, Director, Public Works Department could advise the City Commission on the cost to do such a BBQ. Mayor Bush suggested, "Kip (Lockcuff) can look it up and get back to us." Manager McLemore said, "We can get it funded." Mayor Bush noted, "If we can get it funded outside of tax dollars, that would be great." Commissioner Krebs added, "That would be wonderful." Manager McLemore asked, "Would you want to invite people from the County or just this group?" Mayor Bush suggested, "Why don't you talk to the Firefighters and see what they say." "I WOULD LIKE TO MAKE A MOTION TO DIRECT THE CITY MANAGER TO FIND SOME INFORMATION OUT ABOUT DOING A FAREWELL BBQ FOR THE FIREFIGHTERS OF WINTER SPRINGS." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 10 OF 30 MAYOR BUSH AND COMMISSIONER McGINNIS SUGGESTED USING THE TERM `APPRECIATION' INSTEAD OF `FAREWELL'." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS 404. Office Of The Mayor -John F. Bush Mayor Bush advised Chief Kerr about very high grass at 160 Tarpon Circle. REPORTS 405. Commission Seat One -Robert S. Miller Commissioner Miller commented on Code Enforcement actions and suggested that Staff look at that section of our Code and perhaps consider changes so we can get into the enforcement faster. Brief discussion followed on Notice requirements and the current process. REPORTS 406. Commission Seat Two -Rick Brown Commissioner Brown mentioned for the Record about a Commission on Ethics Complaint and noted he had waived his right to Confidentiality. Commissioner Brown mentioned that he had provided a copy to the City Attorney and presented a copy for the Public Record through the City Clerk. Commissioner Brown suggested that the City Commission also get copies. Tape 2/Side B REPORTS 407. Commission Seat Three/Deputy Mayor -Donald A. Gilmore No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST I I, 2008 PAGE 11 OF 30 REPORTS 408. Commission Seat Four -Sally McGinnis No Report. PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on the Vistawilla project and Bart Phillips's Industrial property. Ms. Frankie Elliot, 1330 Lee Road, Orlando, Florida: spoke on real estate signage issues, and gave a copy of her organization's Ordinance to the City. Ms. Patricia Biechele, 645 Saranac Drive, Winter Springs, Florida: Mayor Bush stated, "Is in favor - I am sure you are in favor of signs right, but doesn't wish to address the Commission. Mr. Raymond Biechele, 645 Saranac Drive, Winter Springs, Florida: Mayor Bush said, "Also is in favor of it -does not wish to address the Commission." Ms. Kim Coburn, 1778 Seneca Boulevard, Winter Springs, Florida: commented on real estate signage and open house signs. Ms. Toni Igler, 1117 Cheetah Trail, Winter Springs, Florida: commented on Code Enforcement regulations related to open house directional signs. Mr. Paul Partyka, 292 Solaris Wharf, Winter Springs, Florida: noted Mayor Bush being on the cover of "Connect" magazine; suggested a temporary solution to real estate signage issues; and mentioned a Panel Conference he wanted to hold at City Hall on September 16`", 2008, related to a local Broker's Conference. Mr. Partyka added, "If you want, I will give that document/letter and I could provide that to you tomorrow." Mayor Bush said, "Submit the letter Paul (Partyka) and then -check and see if there is anything else going on in here." In other City business, discussion ensued on Budget Workshops. Mayor Bush suggested, "Tuesday, September 2°d [2008]?" Commissioner Miller stated, "Okay with me." Commissioner McGinnis remarked, "That is fine." Commissioner Brown asked, "And that would be then canceling the [August] 19t" [Workshop]..." Commissioner Krebs added, "...And the 18`" [August]." Manager McLemore stated, "Yes." Mayor Bush summarized, "18`" and 19`" [August 2008] Meetings would be cancelled and the Budget - Workshop would be on Tuesday, September the 2°d [2008] - 5:30 [p.m.]. Is that okay?" No objections were noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 12 OF 30 Mayor Bush called a Recess at 6.•30 p.m. The Regular Meeting was called back to Order at 6:41 p. m. • • AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED AGAIN, THIS TIME INDIVIDUALLY, AND AS PREVIOUSLY NOTED ON PAGE 2 OF THESE MINUTES. • • INFORMATIONAL AGENDA INFORMATIONAL 103.Office Of The City Manager Responding To Commissioner Brown's Inquiry Regarding Vistawilla Office Center, Inc. Phase II. Commissioner Brown spoke for the Record on the status of this project. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the City Commission on the economy and this project and stated, "We've had no other anchor tenants come to take - an anchor tenant to Mr. [David] McLeod and myself, the other owner of the property is about 8 to 10,000 square feet, and so we have approximately 4,000 square feet left to lease in our Phase I building that has been vacant now for some time. It's very slow. We still feel very positive about the location, but as far as -meeting the deadlines we agreed to, the economy has totally changed." Continuing, Mr. Corkery stated, "So, I guess we'd ask for a little patience and really an extension of the Developer's Agreement and once again, I don't know how long this is going to last for, Imean -every day we read something different." Continuing, Mr. Corkery remarked, "Anyway, some sort of extension, a year or two (2) I think would be appropriate in today's circumstances. But, let me tell you, my lot is all ready to go. Utility lines are in there and as soon as we have an anchor tenant, and if it comes tomorrow, we're ready to come in, pull the permit and build it. So, and really that is all that we're waiting for. We have our advertiser, marketing and all the websites, the loop nets, and dot nets and all them -across the nation, listed with the MLS (Multiple Listing Service) with all the Brokers and commercial, we don't know what else we could possibly do to bring an anchor tenant to this location. But it will come, we just need some patience with that and some help from you." Manager. McLemore noted, "There's really no default here on the terms until sometime I believe in October when there's a payment required because the building is not complete. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 13 OF 30 Technically, it is not in keeping with the Agreement because we didn't pull a Permit, but there is no sanction or penalty that I'm aware of for not pulling the Permit - if at that point in time there's a date certain there for completion of the second building, and if that's not met, then there was a fifty thousand dollar ($50,000.00) penalty, so it's really not right for any kind of default at this point in time. But it would be at that point in time, a year, approximately eighteen (18) months from now, I believe." Commissioner Brown inquired, "Did you say eighteen (18) months from now?" Manager McLemore responded, "Well, remember that again the first sanction really is when the building is not completed by, if you look in the Agreement it will tell you, in October of [20]'09? Right, that's when the real first sanction would happen, and even though you haven't pulled a Permit yet and it's required, I don't see any real sanctions in there that would happen until then. So, its good to have discussion now because of the issues - it would be very difficult - to wait six (6) months for this, and then say you have got to do this in the next few months, that's being practical. So, it's a good time for this to come out and get some sense of where we're going here and what the Commission is willing to do. But, at this point in time, there's really no sanctions for the Commission to take as I understand the Agreement." Commissioner Brown suggested that Mr. Corkery and former Commissioner David McLeod ask the City Clerk for a copy of Commissioner Miller's comments. Commissioner Miller stated, "I listened to the tape when I saw this item. Mr. Corkery didn't leave himself any room. It's nice for him to come before us now and say has anybody been aware of the economic situation for the last three (3) years I think was what you said - in the United States. On July 23, 2007, we were all sitting here and - we were informed by Mr. Corkery at least five (5) times that the deal was the following: He was only at 62% occupancy in Building 1. He needed to get to ninety-two percent (92%) I think it was before he could - free up financing for the second building. It was either ninety-two (92) or ninety-six percent (96%). It was one of those two (2) numbers. And he would take his time about starting the second building, and that he would do that when the economics justified it. But, if the City wanted to put up two hundred thousand dollars ($200,000.00), make it available as a grant -make it available to UCF (University of Central Florida), and their Incubator. The Incubator would move into his building and pay him rent at a reduced rate immediately and if we did that, he would begin construction of the second building within four (4) to six (6) months. That was the Agreement. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 14 OF 30 You said it. You said I do not have a major tenant right now for my second building, but if you provide the two hundred thousand [dollars] ($200,000.00), I am going to go ahead and start the building anyway, even without a major tenant. We agreed. I didn't Vote for it that night, I wanted to wait, because we were already in a budget crunch - we still are; but this Commission approved two hundred thousand dollars ($200,000.00) for UCF (University of Central Florida) to move into -his building, and they are now paying him rent. He got up to ninety-six percent (96%). The financing was freed up. You agreed to start the second building. You already said in July of 2007, I don't have a major tenant, or an anchor I think was the word you used, and I found it strange that you would make that commitment, but that is the Agreement that we thought we had with you. And now it is a year later, and you haven't -even started construction on that building. You made a commitment and you didn't keep it. And what concerned me about this item, tonight, is there is wording in here about just as you said, give me a break you know, I can't find a tenant; I don't really want to start the second building. But our City has got two hundred thousand dollars ($200,000.00) tied up in your building, which we thought would free up and get your second building started. You also and several others, made the comment that within four (4) years the two hundred thousand [dollars] ($200,000.00) would be repaid in taxes to the City from the second building. Well, that's obviously not going to happen now for maybe three (3) or four (4) years, if we give you the break that you want. So, fine, even if it's from the first building, but that his comment was `I will start the second building'. You have your occupancy that you need on the first building, and you have not fulfilled your Agreement, and that's what concerns me. I asked about it one or two times in the interim, and was told we're working on it, it's underway, it's going to start. And I kind of forgot about it until I saw this. I listened to the tape and the tape is very clear -that five (5) times you said `Commissioners, Iwill build that second building within - I' 11 start within four (4) months, if you provide the two hundred thousand dollars ($200,000.00) Grant.' I also asked that night, why is nobody here from UCF (University of Central Florida)? The Mayor said, `Excuse me, but the light is on for Commissioner Brown.' Commissioner Brown made a Motion to Approve. It passed by a Vote of 2-2, and it was a hang-up, because Commissioner Krebs wasn't here that night. Mayor Bush broke the tie by voting for it. That's where we are at." Deputy Mayor Gilmore stated, "I think it is important to realize one thing, we actually did not commit this money to Mr. Corkery, it was to the UCF (University of Central Florida) Incubator..." Commissioner Miller noted, "...If they moved in and took 10,000 square feet of his building." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 15 OF 30 Additionally, Deputy Mayor Gilmore added, "And, that is really what we wanted. I think we were looking to increase the future business presence on the east side in that area, and that building certainly has done that, and will hopefully do it in the future. I think there is another thing we ought to recognize -very shortly our Police Department will go into a substation in that building at no charge to this City in operating cost or anything else, I think the permit fee was dropped. But, we need to give some consideration of the fact that Mr. Corkery has donated 1100 or 1200 square feet or something. It doesn't cost us a penny, and -that's some payback for us too." Commissioner Brown stated, "The long-term economic gain to this City by securing the UCF (University of Central Florida) Incubator as part of this development is huge. The economics speak for themselves. It just doesn't make any sense to me that in these difficult economic times, we would not be willing when the appropriate time comes and if it is necessary at that time to have a conversation with the Developer about modifying terms or whatever the situation may be that he needs to make this project viable. I unfortunately - I have to agree with Mr. Corkery, when you look at what the economic situation is today and what it was last year, it continues to be vastly different. It has continued to decline. So, I think it is very short-sighted of this Commission, especially when we still have eighteen (18) months to go to be already setting the ground work to penalize somebody who has taken a risk and risk comes with value in the business world, of upwards of thirty million dollars ($30,000,000.00) for these two (2) buildings and more with the other Developments that have gone on, not to mention the gifts that Mr. Corkery has given to the City, such as the weight room and the Police Department." Commissioner McGinnis remarked, "Well, Commissioner Brown, you are making an assumption that we are looking at sanctions. I am not supporting that. I think that we are all victims of the economic situation today and we really don't have the power to do much about it right now, so - I think to me it's a no-brainer. I think we will work with you. I believe you don't want this situation any more than we do -your money is tied up in it, not mine." Mayor Bush stated, "I would like to recommend that the Commission ask Mr. Corkery and the Manager to get together to work out the details on this so that it takes into consideration the things that have been brought up." "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE TO ASK MR. CORKERY AND THE MANAGER TO LOOK AT THIS AND COME BACK WITH A RECOMMENDATION." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 16 OF 30 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. • • REGULAR AGENDA REGULAR 601. Community Development Department Requests That The City Commission Consider The Request By Representatives Of Local Realtors To Waive The Sign Code For Real Estate Signage. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Attorney Garganese spoke on legal aspects related to Signage. Ms. Barbara Coy, 731 Sandpiper Circle, Longwood, Florida: as a Realtor, Ms. Coy commented on the economy and real estate signage and asked if they and the City could work together on a solution. Tape 3/Side A Discussion ensued. Some signage examples were passed out by Attorney Garganese. With further discussion, Attorney Garganese said, I'd be happy to go back and analyze the specific type of requests and come back to you." Deputy Mayor Gilmore suggested that it would serve both the Realty people and the people that are having to sell their homes if Attorney Garganese worked on some possible suggestions to resolve these issues. Ms. Coy noted, "We don't need to be on right-of--ways first of all. I just want to say that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 17 OF 30 With further comments, Commissioner McGinnis asked Ms. Coy, "About how many directional signs does it take - on an average to direct somebody to a site? Three (3), four (4)~„ Ms. Coy responded, "It depends where it is, but yes, three (3) or four (4) would be a good average. If it's right off the highway, just one (1), but usually, personally, I take three (3) to four (4)." Commissioner McGinnis asked about how the effectiveness of this -how many houses did it sell and how many people showed up? Commissioner McGinnis added that she would like to know the results. `~I WOULD LIKE TO MAKE A MOTION THAT THE ATTORNEY WORK WITH REPRESENTATIVES OF THE REALTORS ASSOCIATION AND OR THEIR COUNSEL AND COME BACK WITH SOME ALTERNATIVES FOR US TO LOOK AT WHAT WOULD ACCOMPLISH WHAT THE REALTORS ASSOCIATION IS SEEKING, WHILE NOT COMPROMISING OUR CURRENT CODES." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 600. Office Of The City Manager Requesting Direction From The City Commission Regarding A Financial Partnership With The Scottish Highlands Games Organization For The 2009 Games Event In Winter Springs. Mr. Ennis Pruitt, 679 Cheoy Lee Circle, Winter Springs, Florida: commented on the Highland Games. Discussion. Commissioner Krebs asked that this be included in the Budget with other possible Events for the City Commission to consider. Commissioner McGinnis also thought that this and all Events needed to be considered. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 18 OF 30 Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: stated, "The Highlands Games events are things that we have on our events calendar and we intend to be involved and supportive in some way. What we've learned over the past year is that sponsor dollarships are quite constrained in these days and our ability to support it is really a function of how much we can deal with sponsorship to underwrite our costs, because we're not a purely charitable organization. Last year, through the Offices of the City Manager, we were able to bring in some significant dollars that might not otherwise be available; so, if some similar help from the City was forthcoming, and to the extent that we were able to sell some sponsorships, we do intend to support it, but I think to set your expectations, we have to keep them at a fairly low level, certainly not to the extent of underwriting a third of the cost in that area. I think we have to set our expectations lower than that." Discussion. Commissioner Brown suggested the City consider a fifty percent (50%) partnership. With further discussion, Manager McLemore said, "All I'm asking is to give me an opportunity to sit down and see what we can come up with." Commissioner Krebs noted that she would like to see the 4th of July event and our City's 50th Birthday incorporated into an Event next year. Discussion. MOTION TO "AUTHORIZE THE CITY MANAGER TO START LOOKING INTO THIS SO THAT THE SCOTTISH HIGHLAND GAMES CAN GO AHEAD AND DO WHAT THEY NEED TO DO TO MAKE THEIR END OF THIS THING HAPPEN IN JANUARY, KNOWING WHAT IT MIGHT BE THAT WE WOULD CONTRIBUTE. I THINK SOMETHING ALONG THE LINES OF WHAT WE DID LAST YEAR WOULD BE MOST SUITABLE. IF THE CHAMBER IS NOT ABLE TO COME UP WITH THAT MONEY, I THINK WE WOULD THEN ASK THE CITY MANAGER TO LOOK INTO ALTERNATIVES -JOINT VENTURE TYPE THINGS." MOTION BY COMMISSIONER MILLER. MAYOR BUSH SUGGESTED, "WHY DON'T YOU ASK IN YOUR MOTION - INCLUDE THE CHAMBER IN THIS DECISION?" COMMISSIONER MILLER SAID, "I WOULD INCLUDE THE CHAMBER." SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 19 OF 30 COMMISSIONER MILLER ADDED, "IF THE CHAMBER COMES UP WITH A LESS AMOUNT, THE CITY MANAGER WOULD LOOK FOR ALTERNATIVES THAT WOULD FILL THAT GAP." COMMISSIONER McGINNIS INQUIRED, "WHY WOULDN'T THE HIGHLAND GAMES COME UP WITH OPTIONS?" COMMISSIONER MILLER ADDED, "THAT IS AN OPTION, COMMISSIONER." MANAGER McLEMORE ADDED, "THAT'S PART OF THE NEGOTIATIONS." COMMISIONER MILLER THEN SAID, "HE WOULD TALK TO WHOEVER HE NEEDS TO TALK TO." COMMISSIONER BROWN ASKED MANAGER McLEMORE, "WHEN YOU COME BACK, I WONDER IF THERE WOULDN'T BE SOME -TRYING TO PUT TOGETHER ALONG WITH THE CHAMBER, A SPONSORSHIP COMMITTEE, MAYBE SOMEBODY FROM CITY STAFF TO WORK WITH SOMEBODY AT THE CHAMBER..." MANAGER McLEMORE STATED, "...SURE..." COMMISSIONER BROWN CONTINUED, "...TO ACTUALLY GO OUT AND START SOLICITING SPONSORSHIPS JOINTLY TO SEE WHAT WE CAN DO TO DEFRAY THE OVERALL COSTS." Tape 3/Side B VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Commissioner Krebs asked about a Marching Band for Christmas. Mr. Pruitt stated, "I can help you with Christmas by the way - we work with Caroling groups." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager And Office Of The City Attorney And Community Development Department -Planning Division Request That The City Commission Continue The Public Hearing For Adoption Of Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 General Commercial District. Mr. Stevenson spoke on this Agenda Item. C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 20 OF 30 Continuing, Mr. Stevenson stated, "There have been a couple of requests of the Applicant which have been documented at the end of your Agenda Item in a letter from - Mr. Garganese's office; and I believe there have been some other changes as recently as today. I think you have documentation on those as well in a Memo from the City Manager." Deputy Mayor Gilmore commented that "Mr. (Bart) Phillips and I have had several discussions on this issue." Deputy Mayor Gilmore continued by referencing the Ordinance and stated, "Item (34) -there was a concern in item (34) and Ron (McLemore) has covered this under 20.252 in the attachment to the -Ordinance. The concern there was as it was written, conceivably, you could have ended up with motor homes and trailers and -big tractor trailers and that on any C-2 area, as long as that C-2 area had a highway and a power line Easement so, we put into that what you see - on the attachment "1" - we put the `railroad track right-of--way'. In other words, it must have a `railroad track right-of-wav' to work with this. So, you have to have a `railroad track right-of--wav', you have to have a power line Easement and you have to have a highway, so that eliminates these things on [State Road] 434 or wherever you have. We then looked at under 20-256. ~ ~ - we had a problem with that because we didn't know where to go and - it just said -tractor-trailer rigs. So, we met and we further defined what atractor-trailer rig was. Atractor-trailer rig is a tractor connected to a trailer or a trailer by itself or a tractor by itself. So, we will have no more than twelve (12) of those units together on site." Deputy Mayor Gilmore said to Mr. Phillips, "You are agreeing with that?" Mr. Bart Phillips, 212 Morton Lane, Winter Springs, Florida: stated, "Yes." Continuing, Deputy Mayor Gilmore remarked, "Then we got into item 20-256. ~2,) ~, the take home or on repair stuff and we ended up putting that as a 20-256. ~l,) ~, and what that is we said that we were going to allow the use of -dual-wheel single -rear axle vehicles which will have a trailer on it. Under the original Ordinance, that was limited to - 14,999 pounds. It was pointed out that that is a very light weight." Deputy Mayor Gilmore then explained, "We opened that up with your blessing to 26,000 pound gross weight, that means the trailer and the vehicle and its contents." Deputy Mayor Gilmore noted, "Dump trucks, going back into the original intent was to eliminate things from the neighborhoods that could show up. And it would not be unusual to have a dump truck with a trailer behind it. We have put that in that they could have as many as six (6) of those dump truck trailer units on site. And, we tried to define what that was and that dump truck would be with a spindle hitch on the trailer. I think to take care of any of these you see pulling a small backhoe or something, again, that is limited to 26,000 pounds." C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 21 OF 30 Additionally, Deputy Mayor Gilmore stated, "We have to move some numbers in here yet Ron (McLemore), but you can get to that one later. And again, under 20-256. ~f , which limited -him to 14,999 pounds, we opened that up to 26,000 pounds, to be a little bit more realistic in what a -neighborhood contractor could have. And quite frankly, a lot of the boats he is going to store with trailer -boat and trailer could go 10,000 pounds, so I don't think personally that going to 26,000 is pushing the envelope any. And that was about it, we said twelve (12) tractor-trailer rigs, or combinations thereof; dually trucks with a trailer, maximum weight 26,000 pounds, and there were no limits on the number of those that could be in there. You could have six (6) dump trucks and trailer combinations, but no more than six (6). And the weights of all of these items is 26,000 pounds. That is the gross weight-vehicle, plus trailer, plus load." Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner McGinnis asked to clarify something - "This 26,000 pounds, that is for any and every vehicle there. Correct?" Deputy Mayor Gilmore responded, "That was what we were intending, yes. It is not going to be on the tractor-trailers, no, or the dumps - it is primarily meant for the neighborhood dually, that is two (2) wheel, single axle rear that has a trailer on it; he may have aback-hoe; he may have a bobcat, something like that. That was the 26,000. The dump trucks and tractor-trailers will be limited by their state law. And again, it is the gross weight, not each individual piece." Mr. Hugh Harling, 850 Courtland Street, Orlando, Florida: remarked, "We appreciate you as a Commission and your Staff working with us and what you have just enumerated works for us. We appreciate your working with us on this. I'd be glad to answer any questions if there are any." Commissioner Miller asked, There is an item here on, I haven't had a chance to cross check it with the - it has to do with the additional of not more than over five (5) cargo or shipping containers - to be stored on the property, is that in addition to the..." Manager McLemore said, "...That remains, that remains." Deputy Mayor Gilmore also said, "That remains. That's not part of the trailers, that's cargo containers stored on site." Furthermore, Deputy Mayor Gilmore noted, "The semi-trailer was the typical semi-trailer on the road. The cargo container and the reference to that was quite frankly, I had concerns day 1, Don Gilmore did, of this looking like a cargo container yard. So, we had a lot of conversations about those, because we know some of his product is going to come in on cargo containers. It may be on a flat car, it may be on asemi-trailer, but when it comes in, he will have to off-load that at his warehouse, and he is allowed five (5) of those on site." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11, 2008 PAGE 22 OF 30 With further comments, Commissioner Miller said, "I am just curious, from the Applicant -could you share with this Commission how you visualize these eighteen- wheelers coming and going on a daily basis - I am just concerned about the impacts on people getting in and out of the Industrial Park." Commissioner Miller added, "How do you visualize your business developing with the eighteen-wheelers?" Mr. Phillips stated, "Well, being pragmatic before of actually renting some property down there for tractor-trailers, they used to come in, park, and I wouldn't see them for three (3) weeks. They'd come back, park for a night or two (2) nights, and then pull back out and be gone. That was past, years ago, and in the future, I would think, that it would be the same, if someone just needs to park a truck while they're at home off the road. So, it's not like something is going to be going in and out." Commissioner Miller said to Mr. Phillips, "So, this is not tied to your warehouse - specifically?" Mr. Phillips replied, "No. The containers that will be coming in -we'll be lucky if it's a couple per month in the very beginning." "I MOVE TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. COMMISSIONER KREBS CLARIFIED, "DOES THAT INCLUDE THE TWO (2) ITEMS ON - OUR ATTORNEY'S PAGE THAT MR. PHILLIPS WAS REQUESTING?" COMMISSIONER BROWN REPLIED, "YES." COMMISSIONER MILLER ASKED, "WHAT HAPPENED TO THE TRAIL SECTION? IS THAT STILL INVOLVED HERE?" MR. PHILLIPS RESPONDED, "OH, YES, IT'S STILL GOING FORWARD." VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney First Reading Of Ordinance 2008-15, Authorizing The Inclusion Of The City In Seminole County's Fire And Emergency Services Municipal Taxing Unit. Mayor Bush asked, "Can we have a Motion to read by `Title' only?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 23 OF 30 "SO MOVED." MAYOR BUSH STATED, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office Of The City Attorney First Reading Of Ordinance 2008-16, Which Amends The City Of Winter Springs' Code Of Ordinances, To Provide That Where A Municipal Election Results In A Tie Vote The Candidates That Receive An Equal And Highest Number Of Votes Shall Run Again In A Runoff Municipal Election To Be Held No Later Than 60 [Sixty] Days Following The Initial Election. Mayor Bush asked, "Do we have a Motion to read by `Title' only?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 24 OF 30 "SO MOVED." MOTION BY COMMISSIONER KREBS. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Attorney Garganese explained, "I brought to the Commission's attention, that the Supervisor of Elections thought that fourteen (14) days was not enough time to hold a Runoff, given Absentee Ballots and overseas Ballots. We brought to your attention Florida law that allows drawing of lots in the event that there's a tie. The Commission felt that drawing of lots would not be appropriate in Winter Springs, so, we went back to the drawing board, looked at another solution -the solution would be to impose a longer time period for the Runoff. We're proposing that the Runoff if in the event there is a tie, occur no later than sixty (60) days following the initial Election as scheduled by the City Commission. So, in the event there was a tie, the City Commission would have to schedule the Runoff within sixty (60) days. You may be asking, well, what happens - if you can't have a Runoff before the Term expires of one of the Commissioners -under Florida law you might have a situation where you have a brief holdover period, where you have a holdover Commission, a Commissioner waiting for the Runoff to occur. That would be appropriate under Florida law, but the sixty (60) days gives the Commission the flexibility to set the time period based on consultation with the Supervisor, and making sure all other requirements are met; so, there is a possibility that you could have a Runoff prior to the new Commission taking office; it would just depend on the circumstances at the time. So, that's what we are suggesting." "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 25 OF 30 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department -Planning Division Requests The City Commission Remove From The Table And Hold A Public Hearing For First Reading Of Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31.(e). Mayor Bush asked, "Do we have a Motion to remove from the Table?" ~~SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush asked, "Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH NOTED, "COMMISSIONER KREBS SECONDED IT." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 26 OF 30 Attorney Garganese read the Ordinance by "Title" stated, "Just to reemphasize that this is a Restrictive Rezoning Ordinance, First Reading. Since the City Commission has passed Ordinance 2008-10 - if the Commission were to approve this on First Reading, beginning on page 2 and finishing on page 3, we would need to make sure that those two (2) - C-2 Permitted Uses are exactly the same as what was approved in Ordinance 2008-10. I think there was a slight modification to the Outdoor Storage Facility Use that's being requested and just to emphasize that the Effective Date is conditioned upon 2008-10 becoming effective, which would be when and if the Mayor executes it." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Miller stated, "The issue that you just raised, City Attorney, does that need to be included in a Motion to Approve this then, that whatever changes you made reference to, in the previous item should be included in this, or will that be taken care of automatically?" Attorney Garganese responded, "It needs to be included in the Motion, because I think we amended that Outdoor Storage Use very briefly - but, I just want to make sure that if the Commission approves this, that the two (2) Uses that are listed for C-2 mirror what was approved in 2008-10. One other point I need to make is that prior to Second Reading, the Applicant needs to execute a Consent form if the Commission were to approve this Ordinance. They have to Consent in writing because it is a Restrictive Rezoning request and I just want to put that on the Record." Commissioner Miller said, "On page 4 of 11, the third paragraph down, one of the things that we are negotiating both with the City and Seminole County is the Cross Trail, the thirty-five feet (35') that -you see adjacent to the road there would become part of the Trail system. Is it thirty-five feet (35') now, or still thirty (30)?" Mr. Stevenson noted, "From what we're hearing from the Applicant, it's still thirty (30)." Continuing, Commissioner Miller noted, "I may be wrong, but the -County informed me that the County minimum was thirty-five (35), but they would accept whatever this Commission negotiates, but there is no other thirty foot (30') sections in Seminole County, so this would be below -what the County normally accepts in terms of a Trail, and if it's thirty-five feet (35'), I will support this, but I don't want to support it at thirty (30), sorry". Mr. Stevenson then pointed out, "That's page 4 of 11, that's in the Planning and Zoning Board[/Local Planning Agency] Minutes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST l 1, 2008 PAGE 27 OF 30 Commissioner Krebs said, "When I had heard about the thirty-five feet (35'), I just want to tell the Commission that I did in fact contact David Martin from the County and questioned it, because it just seemed like after all this time, now suddenly we're looking at thirty-five feet (35'), and I just didn't understand where the County was in all of this, as far as these discussions. What he told me was a little bit different than what he told you Commissioner Miller. He told me that he needs thirty feet (30'). They asked him what he needed and he gave the answer of thirty feet (30'). And I asked him, where did the thirty-five feet (35') come from, and he told me, well, it came from above -somewhere above. And I said okay - and I said, "`Who?' And he said it came from Commissioner [Bob] Dallari. And, he said that you had called Commissioner Dallari, and actually I even called Commissioner Dallari, and that Commissioner Dallari was unaware that - we were actually in the Third Reading, and he also told me that -David Martin told me that the thirty feet (30') was what he needed. Yes, he would like to have thirty-five (35), he'd like to have forty (40); but, the thirty (30) was what he absolutely needed. Now - I understand wanting thirty-five feet (35'), I understand that that would be a way to plant - a place to plant more shrubbery and things like that, but - I don't know if Mr. Phillips is willing to give another five feet (5')." Commissioner Miller said, "If that is the case, then I stand corrected. I was told that there is no Trail in the County that is less than thirty-five feet (35')." Continuing, Commissioner Krebs explained further, "I actually pulled the guidelines that we use, and they talk about - a free zone on either side -and then the actual width of the Trail, and added all of that. All of that would equal twenty feet (20'), so I guess that other on each side, that other seven (7) whatever feet or five feet (5') on each side was just extra. And that free zone is actually the area where they would have some plantings and things like that." Commissioner Miller stated, "If the County doesn't have a standard, then whatever he wants to give - is fine, so be it." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. STEVENSON ASKED, "CLARIFICATION? MOVE TO SECOND READING?" MAYOR BUSH STATED, "YES, MOVE TO SECOND READING." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 1 I, 2008 PAGE 28 OF 30 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. • • AGENDA NOTE: THE REMAINING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. • • REGULAR AGENDA REGULAR 604. Office Of The City Clerk Asking If The City Commission Would Like Completed Qualifying Documents And Election Campaign Finance Reports (Prior To And Related To Qualifying) Be Placed On The City's Website At The Conclusion Of This Year's Qualifying Period (For The Upcoming November 4, 2008 Municipal Election). With discussion on this Agenda Item, Commissioner Brown asked, "How soon after the closing of the Financial Reporting period, will they be available on the web?" City Clerk Lorenzo-Luaces, "I have to verify some things; I have to do some Confidentiality checks, so probably within a day or two (2) -they would be done after Qualifying ends; if you are going to include those documents - it will take me a little longer, because there are many more documents, but typically it wouldn't be too long." Commissioner Brown then said, "In the meantime, I know that people usually come in the day of and request them..." Commissioner Brown added, "...Of when the Financial Reports are due -they would still have the ability to do that?" City Clerk Lorenzo-Luaces explained, "We would still not be able to give them the documents until we check certain things -because of the Confidentiality form, we have to go through that on every single thing that somebody requests, so that is going to take a little longer, whether it is by paper or electronic." Commissioner Krebs added, "And this is just after each Report period, correct?" City Clerk Lorenzo-Luaces noted, "That's how we did it before, and I probably should have rephrased the `Recommendation' - it includes everything the way it's written now, it would include everything up to now; there are some Reports already in, it would include the Qualifying documents and I would think you would want it to include everything up to and past the end of the Election." Commissioner Krebs stated, "Absolutely." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 11, 2008 PAGE 29 OF 30 "MOTION TO APPROVE ITEM `604'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 602. Parks And Recreation Department Requesting That The City Commission Consider Approval Of A Proposal To Do The Torcaso Park Master Plan. Mr. Chuck Pula, Director, Parks and Recreation Department spoke on this Agenda Item. "MOVE FOR APPROVAL." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. In other City business, Mayor Bush remarked, "Commissioners, at our last Meeting -the Commission approved a Resolution concerning the Transportation of SWOP (Seminole Work Opportunity Program), it is Resolution Number 2008-39, it is in your red folder - `RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA ENCOURAGING THE SEMINOLE COUNTY BOARD OF EDUCATION SUSTAIN THE CURRENT LEVEL OF TRANSPORTATION SERVICES PROVIDED TO THE PHYSICALLY AND MENTALLY IMPAIRED INVOLVED IN A SEMINOLE WORK OPPORTUNITY PROGRAM (SWOP)' -can we have a Motion to approve this?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 11, 2008 PAGE 30 OF 30 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 603. Not Used. Lastly, the Workshop scheduled for this Wednesday, August 13, 2008 was briefly addressed. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:37 p.m. RESPECTFULLY SUBMITTED: MS. NIELLE HARKER, DEP UTY CITY CLERK AND ~" ~~ ANDR A LORENZO-LUACES, CMC CITY CLERK APPROVED: -, . -., _ ' J ~I F. BUSK i~1. YOR NOTE: These Minutes were approved at the August 25, 2008 Regu-ar City Commission Mee[ing.