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HomeMy WebLinkAbout2010 08 09 Consent 208 Approval of the City Commission Regular Meeting Minutes of July 26, 2010 CITY OF WINTER SPRINGS, FLORIDA `4 1.4TER 04 ! �.. 0 u) Incorporat 1959 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JULY 26, 2010 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 2 OF 23 CALL TO ORDER The Regular Meeting of Monday, July 26, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). A Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present G Commissioner Jean Hovey, present Commissioner Gary Bonner, present Q Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Mayor Bush stated, "On Agenda changes, I am going to move (Regular Agenda Item) "602" to be the first Regular Agenda Item." No objections were voiced. Mr. Bill McDermott, Seminole County Economic Development, 1055 AAA Drive, Suite 148, Heathrow, Florida: introduced some colleagues that were in attendance at tonight's Meeting. ❖ ❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED FIRST, FOLLOWED BY THE REST OF THE AGENDA, AS NOTED. ❖ ❖ REGULAR AGENDA REGULAR 602. Office Of The City Manager REQUEST: Requesting The City Commission Authorize The Mayor To Provide A Conditional Letter Of Commitment Outlining The City's Support And Partnership With Seminole County, University Of Central Florida, Florida High Tech Corridor Council And The State Of Florida To Successfully Relocate SEMATECH To Winter Springs. City Participation Is Conditional Upon Other Agencies Participation And Contributions. FISCAL IMPACT: The Total Potential Award To Be Offered By Seminole County And The City Of Winter Springs Is $15M. This Pledge And Commitment Is Conditional On The Precedent Agency Participation Outlined In The Support Letter (Attached) And The Availability Of City Funds. Prior To A Formal City Commission Determination To Commit City Of Winter Springs Funds For A Portion Of This $15M Total, A Specific Detailed City Participation Schedule And Specific Fiscal Impact Analysis Based On That Schedule Will Be Presented To The City Commission Upon The Satisfaction Of The Aforementioned Precedent Activities Of Participating Agencies And Corporate Decisions. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 3 OF 23 The City Is Also Researching Potential Costs To Provide Infrastructure To The Project Site And Adjacent Parcels. Infrastructure Provided To Adjacent Parcels Is Intended To Stimulate Additional Development From Support Companies. Anticipated Infrastructure Cost Estimates Range From $5M -9M. Infrastructure Costs For Phase I Of The Project, Which Includes The SEMATECH Site, Is Estimated To Be Approximately $5.6 M Of The Above Referenced $9M. The Projected Phase I Costs Include Off -Site Water And Sewer Improvement And Extensions. The City Is Currently Coordinating With ECFRPC To Pursue An EDA Grant To Offset These Anticipated Infrastructure Costs. COMMUNICATION EFFORTS: The City Manager And The City's Consultant Have Been In Constant =of Contact With County, Metro EDC And Project Transform Representatives. RECOMMENDATION: The City Manager Recommends That The City Commission Grant Approval For The Mayor To Formally Submit The Attached Commitment And Partnership Letter To The University Of Central Florida. Dr. Dan Holsenbeck, Vice President, University Relations, University of Central Florida, 4000 Central Florida Boulevard, Orlando, Florida: spoke for the Record about a proposed partnership project between the University of Central Florida and the City of Winter Springs related to photovoltaic cell research and development. Discussion. "I MAKE A MOTION THAT WE ALLOW THE MAYOR TO ENTER INTO THE COMMITMENT LETTER AND PARTNERSHIP AGREEMENT WITH THE UNIVERSITY OF CENTRAL FLORIDA ON THIS PROJECT." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BONNER ASKED, "THE COMMITMENT LETTER AS IT IS LAID OUT RIGHT NOW, EXTENDS OUR INTEREST AS A CITY AND CONTINUING TO PURSUE THE DISCUSSION. ALTHOUGH IT IDENTIFIES THE TOTAL VALUE OF THE COMBINED COMMITMENT, THOSE DETAILS REMAIN TO BE RESOLVED." MANAGER SMITH STATED, "THOSE WOULD COME BACK TO THIS COMIVIISSION FOR APPROVAL BEFORE MOVING FORWARD." CONTINUING, COMMISSIONER BONNER ADDED, "WE ARE NOT TONIGHT MAKING A DEFINED FINANCIAL COMMITMENT ASIDE FROM BEING A PARTNER IN THE PROCESS." MANAGER SMITH RESPONDED, "THAT'S CORRECT. ADDITIONALLY AGAIN, EVERYONE INVOLVED IS ENTHUSIASTIC AND OPTIMISTIC ABOUT OUR SUCCESS IN RECEIVING THIS AWARD. FOR SOME REASON SHOULD WE NOT BE SUCCESSFUL, THE CITY HAS NO - COMMITMENT WHATSOEVER, NO FUTURE COMMITMENT." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 4 OF 23 INFORMATIONAL AGENDA A INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The 04.4 Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 101. Parks And Recreation Department REQUEST: Wishes To Provide The City Commission With A Post -Event Summary Of The 2010 Celebration Of Freedom. FISCAL IMPACT: Staff Was Able To Reduce Budgeted Expenditures From $34,000.00 To $27,365.00 (Saving $6,635.00) And Increase "Sponsorship, Vendor, Etc." Revenue From $15,000.00 To $16,450.00 (Adding $1,450.00) For A Total Of $8,085.00 Below Projected Budget. The Resulting Impact Was $10,915.00 (Or $8,085.00 Savings) In General Fund Reserve Utilization As Follows: Budget Actual Delta Financing Sources: Gen (General) Fund Reserves 19,000 10,915 (8,085) Sponsorships, Etc. 15,000 16,450 1,450 Total Sources 34,000 27,365 (6,635) Total Expenditures 34,000 27,365 (6,635) Additionally, $9,700.00 Of In -Kind Contributions Was Procured To Enhance The Event Without Utilization Of City Funds. Unfortunately, Donations Received Via Utilization Of "Donation Buckets" Were Not As Successful As We Had Hoped, Presumably Due To Weather Conditions. Staff Will Revisit This Strategy For Ways To Increase Its Success In Future Events. COMMUNICATION EFFORTS: The 4th Of July 2010 Expenses/Revenue /In -Kind Report Was Given Out And Discussed At The City Staff (ICS) Post Operations July 4 Meeting. This Agenda Item Has Been Distributed To The Mayor And City Commission, City Manager, City Attorney And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, Laserfiche, And The City's Server. RECOMMENDATION: The Parks And Recreation Department Recommends That The City Commission Receive The 2010 Celebration Of Freedom Post -Event Summary Presented Herein. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 5 OF 23 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE •• DEPUTY MAYOR BROWN: AYE tame MOTION CARRIED. CONSENT AGENDA CONSENT 200. Police Department REQUEST: Requests The City Commission To Approve And Utilization Of P.N.L. Commercial For The Purpose Of Expanding The Police Department's Crime Lab. Funding Is Requested From Police Impact Fees In The Amount Of $18,525.00. FISCAL IMPACT: The Winter Springs Police Department Secured Three Written Quotes From Licensed Contractors To Perform The Work With The Direction Of Engineering Plans And Specs From Architects Design Group, Inc. Out Of Winter Park, Florida PNL Commercial Corporation Quoted $18,525.00, Air - Pak Product & Services, Inc. Quote Was $21,355.00 And Patrick Stack Inc Quoted $28,834.00. Funding Is Requested From Police Impact Fees In The Amount Of $18,525.00. The Available Balance In Police Impact Fees Is $91,940.80. The City Engineer Reviewed The Quotes And Felt That PNL Was Acceptable. The Cities Building Department Reviewed Each Contractor's Background For Complaints And Found No Complaints And That All Three Have Been In Business For 9 To 10 Years. COMMUNICATION EFFORTS: Posting Of The Agenda Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The City Commission To Approve The Expenditure Of $18,525.00 From Police Impact Fees And Approve Utilization- Of P.N.L Commercial As The Contractor For This Project. Discussion followed with Commissioner Sally McGinnis and Chief of Police Kevin Brunelle regarding this Agenda Item. CONSENT 201. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 6 OF 23 CONSENT 202. Police Department REQUEST: Requests The City Commission To Review And Approve The Attached FY (Fiscal Year) 2011 State And Local HIDTA Task Force Agreement Renewal And Allow The City Manager To Execute This Agreement On Behalf Of The City. FISCAL IMPACT: None. COMMUNICATION EFFORTS: Posting Of The Agenda Prior To The Meeting At Various Locations Throughout The City. Q•• RECOMMENDATION: The City Commission Is Being Requested To Review The Agreement And Approve The City Manager To Execute Same On Behalf Of The City. This Agenda Item was not discussed. CONSENT 203. Community Development Department — Urban Beautification Services Division REQUEST: Requesting Authorization For A Revision To The Existing Neighborhood Street Sign And Light Improvement Agreement With Mt. Greenwood Community Association, Inc., To Include Twenty- Four (24) Additional Street Lights Located Along Dolphin Road. FISCAL IMPACT: Funding For This Project Will Be Provided By Mt. Greenwood Community Association, Inc., And Its Members, With No Additional Cost To The City. The Twenty-Four (24) Upgraded Street Lights Will Be Direct Replacements For Existing Street Lights Within The City's Inventory. COMMUNICATION EFFORTS: The MGCA Board Of Directors Has Requested That A Revision Of The NSSLIA Be Endorsed By City Staff And Presented To The Commission For Approval. This Agenda Item Has Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Is Available On The City's Website, Laserfiche, And The City's Server. RECOMMENDATION: The Community Development Department, Urban Beautification Division, Recommends A Revision To The Existing NSSLIA For MGCA, Which Was Approved By The City Commission On October 26, 2009 (Agenda Item 201), To Include Twenty -Four (24) Additional Upgraded Street Lights, Making A New Total Of Twenty-Eight (28) Decorative Street Lights In Their Program. It Is Also Recommended That The City Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Related To This Agenda Item. No discussion. CONSENT 204. Finance Department REQUEST: Requests That The City Commission Adopt Resolution No. (Number) 2010 -38 Amending The Fiscal Year 2009 -2010 Budget. FISCAL IMPACT: Set Forth In Attachment 1. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 7 OF 23 COMMUNICATION EFFORTS: N/A RECOMMENDATION: Adopt Resolution No. (Number) 2010 -38 Amending The FY (Fiscal Year) 2009- 2010 Budget. There was no discussion on this Agenda Item. CONSENT 205. Finance Department REQUEST: Requests The City Commission Consider And Approve Resolution No. (Number) 2010 -36 Authorizing And Ratifying The City's Refinancing Of The Oak Forest Assessment Area's Capital Improvement Revenue Note — Series 2004A. FISCAL IMPACT: The Loan Agreement Will Save Oak Forest Residents An Estimated $34,000.00 Interest Expense And Fees While Simultaneously Increasing The City's Interest Revenue By Approximately $24,000.00. COMMUNICATION EFFORTS: Resolution Will Distributed To The Oak Forest Wall And Beautification District Board At Their Next Scheduled Meeting. RECOMMENDATION: It Is The Recommendation Of The City Manager That The City Commission Approve Resolution 2010 -36 The Refinancing Plan For The OFWBD (Oak Forest Wall And Beautification District) Assessment Area (Capital Improvement Revenue Note, Series 2004A), With An Internal Note From The City's General Fund Reserve. The Debt Instrument Will Be A Simple Interest Loan At The Stated Rate Of 2.75 %, With Quarterly Installments For The Next 7 Years (See Attachment `A'), Starting On September 30, 2010 And Ending June 30, 2017. There Will Be No Prepayment Penalties. This Agenda Item was not discussed. CONSENT 206. Police Department REQUEST: Requests The Commission To Approve The Utilization Of Digital Ally Inc. Via Piggy - Backing Of The Houston - Galveston Area Council Contract EF04 -09 For Six (6) In -Car Camera Units In The Total Amount Of $29,679.96. FISCAL IMPACT: $29,679.96 From Current 2009/2010 Budgeted Funds From The Police Department Operations Bureau. COMMUNICATIONS EFFORTS: Posting Of Agenda Item Via City Transmittal And To Message Boards In Communities Throughout The City. RECOMMENDATION: Police Department Requests The Commission To Approve The Utilization Of Digital Ally Inc. Via Piggy - Backing Off The Houston- Galveston Area Council Contract EF04 -09 For Six (6) In -Car Camera Units In The Amount Of $29,679.96. Brief discussion ensued with Chief Brunelle. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 8 OF 23 CONSENT 207. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 12, 2010 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. ei> COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In Qi The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The July 12, 2010 City Commission Regular Meeting Minutes. No discussion. CONSENT 208. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 19, 2010 City Commission Town Hall Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The July 19, 2010 City Commission Town Hall Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 9 OF 23 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of A Certificate Of Recognition To Winter Springs Sunshine Youth Basketball League In Honor Of Their Contributions As A Valued Youth Sports Partner. Mayor Bush presented a Certificate of Recognition to "WSBL ". QG Mr. Chris Mullins, 828 Blairmont Lane, Lake Mary, Florida: representing "WSBL ", Mr. Mullins addressed the City Commission. 4 Mr. Chris Caldwell, Athletic Supervisor, Parks and Recreation Department thanked Mr. Mullins for his contributions. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith City Manager Kevin L. Smith commented that he and Staff were working on the City Commission's presentation for the upcoming Florida League of Cities Annual Conference and that he would forward a draft of the proposed presentation "Very shortly" to the City Commission for their review. Secondly, Manager Smith noted that at everyone's Seat on the dais were eAlerts business cards which he hoped the City Commission would distribute when possible in an effort to further market eAlerts. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces mentioned that the League of Womens Voters had suggested that the Candidate Night that the City had agreed to, would be scheduled for Wednesday, October 20 2010. Brief discussion followed on a possible time. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 10 OF 23 REPORTS 403. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey stated that the decorative containers for the eAlert cards was "A cool idea - that is a great idea." Deputy Mayor Rick Brown also said, "Great idea." Next, Commissioner Hovey asked about the status of the Sign Ordinance. G Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department responded, "I will be finishing that language this week. I had told the City Attorney I would have it over to him this week, so I've made that commitment." Commissioner Hovey then mentioned that there will be a School Board Candidate Forum this Wednesday, July 28, 2010 at 7:00 p.m., and was being held at Crooms Academy of Information Technology. REPORTS 404. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown No Report. REPORTS 405. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Gary Bonner mentioned an upcoming Boys and Girls Club Back To School Fair and Shop with a Sheriff event and noted that if any of his colleagues wanted to assist, he would welcome their participation. REPORTS 406. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis spoke of the eAlert containers. Next, Commissioner McGinnis mentioned a meeting with the Highlands Homeowner's Association and the owner of the Winter Springs Golf Course regarding lifting of some of the conservation rights. Discussion. Manager Smith stated, "With the Commission's blessing, I will call the Property Owner." Manager Smith added, "I will call him and remind him or ask him that if he has any desire to have any conversations about the Conservation Easement and potential development of that property that may come before this Commission that he please do so through my Office." Mayor Bush suggested, "Maybe you could get a kind of analysis of what happened and report back to the Commission so everybody knows." With further comments, Commissioner McGinnis suggested any future questions be forwarded to the City Manager. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JULY 26, 2010 PAGE 11 OF 23 Continuing, Commissioner McGinnis mentioned that "Going down the road toward the entrance to the Dog Park, there is a huge pit, a big hole full of rocks" and suggested this be checked out. Manager Smith stated, "We'll take a look at it Commissioner." J W REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Q' Commissioner Joanne M. Krebs commented on seeing information about a Highlands Community meeting dealing with the Winter Springs Golf Course advertised in the Highlands Newsletter, and spoke of the Commission keeping commitments. Commissioner Krebs thought that Manager Smith could possibly let the Highlands community know of her commitment. Further comments. Tape 1 /Side B Next, Commissioner Krebs commented on illegal signs. Much discussion. Chief Brunelle addressed signage issues with the City Commission and referenced a City signage brochure that he said was helpful. Discussion followed on those who follow the rules; where signs that have been removed are stored; and the up to forty-five (45) day timeline for processing Sign Application Permits. Commissioner Krebs suggested that the "Up to forty-five (45) days" timeline was not customer friendly and not business friendly and suggested "This probably needs to be tweaked." Commissioner McGinnis added, "Probably does." Manager Smith agreed and said, "I couldn't agree with you more. I would like to see if we can get an opportunity to take a look at this and see if we can come up with some process improvements and report back to you all." Deputy Mayor Rick Brown suggested that to avoid any impression of favoritism, "I think, especially for political signs, there needs to be a definitive time frame." With discussion, Commissioner Krebs suggested that removing illegal signs could be handled through the Citizens on Patrol (COP's) program. Further comments followed on sweeping signs; rules; staffing; and that our Code does not include Enclaves. Deputy Mayor Brown suggested, "After the Election, maybe we ought to circle back and address this." Deputy Mayor Brown added, "I think we really ought to loosen up political signage for a certain period before the Election." Commissioner Krebs noted, "I absolutely agree with you." REPORTS 408. Office Of The Mayor — The Honorable John F. Bush Mayor Bush thanked Deputy Mayor Brown for presiding over the recent City Commission Meetings and Workshops when he could not be in attendance. Secondly, Mayor Bush commented on a recent City issued check and regarding some withholdings said, "I can talk to you about it later." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 12 OF 23 Thirdly, Mayor Bush commented on why the Golf Course Property Owner might have involved the Highlands community. Lastly, Mayor Bush spoke of an Invoice for Leadership Seminole Government Day. "I WILL MAKE THAT MOTION." MOTION BY DEPUTY MAYOR BROWN. MAYOR BUSH SUMMARIZED, "DEPUTY MAYOR BROWN MADE A MOTION THAT WE PAY THE FIVE HUNDRED DOLLARS ($500.00)." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC INPUT Although Ms. Pam Carroll did not speak, Mayor Bush stated, "Pam (Carroll) was in favor of `602' which was our first Agenda Item." Mr. Steve Blount, 149 Cherry Creek Circle, Winter Springs, Florida: commented on the proposed Atlantic Housing Partners, LLLP project and asked if there was a timeline for considering their proposal. Commissioner Bonner hoped that all citizens would have whatever time they needed to review the documents. With further comments on the scheduling of public meetings, Deputy Mayor Brown suggested, "I would like to see though that there is ample time between those meetings for the citizens to digest what they have heard at the meeting first and maybe attend another subsequent meeting to ask questions based on what they have heard. I would hate to see these back to back to back, three (3) nights in a row." Commissioner Krebs agreed. Discussion followed. "I WOULD MAKE THAT A MOTION THAT THE COMMUNITY MEETINGS HAVE A SEPARATION OF AT LEAST A COUPLE OF WEEKS BETWEEN THEM." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BONNER ASKED, "ARE CITY STAFF INVITED AND /OR EXPECTED TO BE IN ATTENDANCE AT THESE MEETINGS, THEREFORE WE ARE INVESTING CITY RESOURCES ?" MR. STEVENSON RESPONDED, "WE HAVE NOT RECEIVED ANY FORMAL INVITATIONS AND HAVE YET TO DECIDE HOW AND IF WE WILL ATTEND THEM - FOR THE PURPOSES OF JUST GATHERING INFORMATION AND LISTENING, NOT TAKING ANY FORMAL ROLES AT ALL IN THESE MEETINGS." COMMISSIONER BONNER ADDED, "I TAKE THAT TO MEAN THAT CITY STAFF PARTICIPATION WOULD BE VOLUNTARY ?" MR. STEVENSON STATED, "THAT'S CORRECT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 13 OF 23 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE G COMMISSIONER BONNER: AYE Pa COMMISSIONER HOVEY: AYE ■41 COMMISSIONER McGINNIS: NAY MOTION CARRIED. Discussion followed on Public Records and letting residents review any submitted documents from Atlantic Housing Partners, LLLP. With further comments on the availability of documents; and where Staff was in the Review process. Commissioner Krebs suggested the documents be marked, "Under review ". Mayor Bush added, "I think we should post these on the Web with a disclaimer that you mentioned — `Under review'." City Attorney Anthony A. Garganese noted that he did not see this as a problem. Mayor Bush also suggested that the documents be marked that they "Have not been reviewed ", and/or "Have not gone to the City Commission ". Mr. Bob Henderson, 635 White Ibis Court, Winter Springs, Florida: advised the City Commission that he was not considering anything between the Highlands community and the Golf Course property owner. Mayor Bush closed "Public Input ". PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division REQUEST: Requests That The City Commission Consider Recommendations From The Local Planning Agency And Hold A Public Hearing For Ordinance 2010 -18, Amending The Comprehensive Plan To Create A Citywide Transportation Concurrency Exception Area (TCEA) For The City Of Winter Springs And Forward The Proposed Amendments To The Florida Department Of Community Affairs For Review. FISCAL IMPACT: Developments Will Be Required To Implement, Or Provide A Funding Contribution To Directly Implement Mobility Strategies (Identified By The City), Based On A Proposed Development's Anticipated Net, New Trip Generation. Subsequent To This Amendment, The City Will Further Examine Other Implementation Strategies (Which May Include Mobility Fees, Proportionate Share Mitigation, Fees In -Lieu, And /Or Combination) To Support And Fund Mobility And Will Amend Its Land Development Code As Needed. The City Still Maintains The Ability To Collect Transportation Impact Fees To Ensure That New Development Pays For Its Fair Share Towards The Building Or Redevelopment Of Road Capacity. COMMUNICATION EFFORTS: Commission Agenda Items Are Posted In City Hall And Posted On City's Website July 4, 2010 - Public Noticing In Orlando Sentinel Of LPA (Local Planning Agency) Public Hearing July 12, 2010 - Information To The City Commission July 14, 2010 — LPA (Local Planning Agency) Public Hearing — Consideration Of The Amendment And Recommendation Of Adoption Made To The City Commission July 15, 2010 - Public Noticing In Orlando Sentinel Of CC (City Commission) Public Hearing CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 14 OF 23 Tentative Implementation Schedule: July 26, 2010 - First Reading Of Ordinance Transmitting The Proposed Comprehensive Plan Amendments July 29, 2010 - Transmittal To Dept (Department) Of Community Affairs And Other Agencies Sept (September) 29, 2010 - Receipt Of ORC (Objectives, Recommendations and Comments) Report From The State Dept. (Department) Of Community Affairs Oct (October) 25, 2010 - Anticipated Adoption Hearing For Ordinance 2010 -18 RECOMMENDATIONS: P &Z (Planning and Zoning Board)/LOCAL PLANNING AGENCY RECOMMENDATION: Q41 At A Regular Meeting Of The P &Z (Planning And Zoning Board)/Local Planning Agency Board Held On July 14, 2010, The Board Voted Unanimously To Recommend Approval Of Ordinance 2010 -18, Amending The Comprehensive Plan. The Minutes Of This Meeting Will Be Distributed At The Commission Meeting On July 26th. STAFF RECOMMENDATION: Staff Requests That The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance 2010 -18, Which Amends Portions Of The City's Comprehensive Plan To Designate The Entire City As A Transportation Concurrency Exception Area (TCEA) And To Identify Mobility Strategies And Funding, And After Considering Staffs Findings, The Local Planning Agency's Recommendation And Public Comment, Approve Transmittal To The State Department Of Community Affairs For Review. Mayor Bush asked, "Can we have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only and noted, "This is First Reading of this Ordinance; it is also considered a Transmittal Hearing. There is a sign -in sheet if anybody wants to sign in to follow this Comprehensive Plan Amendment and that sign -in sheet is required by Law." Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department added, "The sign -in sheet is out in the Lobby." Continuing, Ms. Sahlstrom mentioned that Minutes from a Planning and Zoning Board/Local Planning Agency Meeting had been provided to the City Commission tonight; and then proceeded to review this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 15 OF 23 "I MOVE TO MOVE THIS (ORDINANCE 2010 -18) TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE C: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE Q COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "501" WAS DISCUSSED NEXT, IN ADDITION TO THE DISCUSSION NOTED ON PAGES 21 -22 OF THESE MINUTES. ❖ ❖ PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 501. Community Development Department — Planning Division REQUEST: Requests That The Local Planning Agency Hold A Public Hearing For Consideration Of Ordinance 2010 -20, Amending The Comprehensive Plan Related To The GreeneWay Interchange District (GID). FISCAL IMPACT: The Amendment Is Not Expected To Have Any Negative Fiscal Impact. COMMUNICATION EFFORTS: Commission Agenda Items Are Posted In City Hall And Posted On City's Website July 4, 2010 - Public Noticing In Orlando Sentinel Of LPA (Local Planning Agency) Public Hearing July 12, 2010 - Information To The City Commission July 14, 2010 - LPA (Local Planning Agency) Public Hearing — Consideration Of The Amendment And Recommendation Of Adoption Made To The City Commission July 15, 2010 - Public Noticing In Orlando Sentinel Of CC (City Commission) Public Hearing Tentative Implementation Schedule: July 26, 2010 - First Reading Of Ordinance Transmitting The Proposed Comprehensive Plan Amendments July 29, 2010 - Transmittal To Dept (Department) Of Community Affairs And Other Agencies Sept (September) 29, 2010- Receipt Of ORC (Objectives, Recommendations and Comments) Report From The State Dept. (Department) Of Community Affairs Oct (October) 25, 2010- Anticipated Adoption Hearing For Ordinance 2010 -18 RECOMMENDATION: P &Z (Planning And Zoning Board)/Local Planning Agency Recommendation: At A Regular Meeting Of The P &Z (Planning And Zoning Board)/Local Planning Agency Board Held On July 14, 2010, The Board Voted Unanimously To Recommend Approval Of Ordinance 2010 -20 With Minor Text Changes. These Changes Have Been Incorporated Into The Text. The Minutes Of This Meeting Will Be Distributed At The Commission Meeting On July 26th. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JULY 26, 2010 PAGE 16 OF 23 STAFF RECOMMENDATION: Staff Requests That The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance 2010 -20, Which Amends Portions Of The City's Comprehensive Plan Related To The GreeneWay Interchange District (GID), And After Considering Staffs Findings, The Local Planning Agency's Recommendation And Public Comment, Approve Transmittal To The State Department Of Community Affairs For Review. Mayor Bush asked, "Can we have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER gore HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2010 -20 by "Title" only and remarked, "Which also is considered a Transmittal Hearing. If Approved, it gets sent to the Department of Community Affairs." Furthermore, Attorney Garganese noted, "Once the Department (of Community Affairs) gets this, the City will get a Report back with Objections, Recommendations and Comments at which point, the City then has an opportunity to tweak this a little bit if necessary and then it gets brought to the Commission for an Adoption Hearing." Mr. Stevenson commented briefly on this Agenda Item. Tape 2 /Side A Further comments. Mayor Bush opened the "Public Input " portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued on one (1) story and two (2) story buildings. "MOTION TO MOVE TO SECOND (READING)." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 17 OF 23 PUBLIC HEARINGS 502. Office Of The City Attorney REQUEST: Requests That The City Commission Consider The First Reading Of Ordinance Number 2010 -19, Which Provides For A Referendum Election And Ballot Language For The November 2, 2010 ,= General Election. FISCAL IMPACT: None. Q g2 COMMUNICATION EFFORTS: Q.# RECOMMENDATION: The City Attorney Requests That The City Commission Consider The First Reading Of Ordinance Number 2010 -19 And If Acceptable, Approve And Move It To A Second Reading Which Will Tentatively Be Scheduled For August 9, 2010. Mayor Bush asked, "Can we have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONN AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion followed on the wording of the proposed Ballot questions. Commissioner McGinnis suggested, "Our job as a City now was to prepare some kind of background material where we can either send out, give out, put on our Website, that gives some rationale. I am assuming we would do that." Manager Smith said that as the City Commission had asked that to be done, Manager Smith noted, "Within the restrictions of the Statutes as they are now laid out that address dissemination or taking a position on an issue, within the allowances we have legally, it was our intent to do that in our Fall Newsletter." Commissioner Hovey thought it would be helpful if the Commission had information they could share with others when asked. Commissioner Hovey suggested it should be in the Newsletter and recommended that Staff attend a CAC (Citizen Advisory Committee) meeting to further address the Ballot questions and related information. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: speaking as the former Chairman of the Winter Springs Ad Hoc Charter Review Committee, Mr. Lacey commented on Section 4.05. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 18 OF 23 Mr. Lacey then stated, "Section 4.05. is modified twice — one (1) is a technical correction, one {1) a substantive correction. I assume if the technical correction were to pass as well as the substantive correction, we would still carry forward the substantive changes that otherwise might be overridden if you look at the pure text of the technical correction." Attorney Garganese explained, "Each one (1) is independent of themselves." "MOTION TO APPROVE" (ORDINANCE 2010 -19 AND MOVE TO SECOND READING). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: NAY Qu4 DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Manager REQUEST: Requesting That The City Commission Consider Approval Of Resolution 2010 -41, Computing The Proposed Operating Millage Rate For Fiscal Year 2010 -2011 At 2.4714 Mills And Voted Debt Service Millage Rate At 0.1100 Mills Establishing The Rolled -Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year 2010- 2011. FISCAL IMPACT: In Periods Of Declining Property Values, The Decision To Maintain Or Lower The Millage Rates Will Result In Less Ad Valorem Revenue Than The Prior Year. In Order To Maintain A Flat Voted Debt Millage Rate A Transfer From The General Fund To The Central Winds General Obligation Debt Service Fund ( #225) Will Be Necessary In The Amount Of $44,000.00. Both Scenarios Have Been Programmed Into The Fiscal Year 2011 Proposed Budget. COMMUNICATION EFFORTS: Numerous Methods Were Utilized To Communicate The Budget Forum On July 19 Additionally, The Proposed Budget Was Published On The City's Website The Day Following Budget Transmittal (June 28 The Property Appraiser Will Mail Each Property Owner And TRIM Notice Prior To The First Public Hearing (Sept [September] 13 And The Final Public Hearing Will Be Advertised In The Orlando Sentinel In Compliance With And According To Florida Statute. RECOMMENDATION: It Is Recommended That The Commission Take The Following Action: • Adopt Resolution 2010 -41 Setting The Proposed Operating Millage Rate At 2.4714 Mills And Establishing The Rolled -Back Rate At 2.6404 Mills And Setting The Proposed Voted Debt Service Millage Rate At 0.1100 Mills For A Total Proposed Millage Rate Of 2.5814 Mills. • Establish The Date, Time And Place For A Public Hearing Regarding The Proposed Millage Rate And The Tentative Budget As September 13, 2010 At 5:15 PM At 1126 East State Road 434, Winter Springs Florida (Commission Chambers). Manager Smith introduced this Agenda Item and remarked, "As you all know, this is your Millage cap. This is a rate that cannot be exceeded but can be lowered. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 19 OF 23 This is also the rate that will go out in the TRIM (Truth in Millage) Notices that all our residents will receive early to mid August. There is recommended no increase in the Millage nor the Voted Debt Millage Rate, consistent with our prior discussions." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: C=0 DEPUTY MAYOR BROWN: AYE C0 COMMISSIONER McGINNIS: AYE Q � COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 601. Public Works Department REQUEST: Requesting Authorization To Award Construction Of The Ranchlands Roadway Improvements Phase II To Central Florida Environmental Corporation (CFE) By Amending CFE's Current Contractual Agreement With The City For The Ranchlands Roadway Improvements Phase I. FISCAL IMPACT: The Project Cost Is $1,200,234.15 Plus A 10% Contingency. The Funding Source Is The Road Improvement Fund (One -Cent Sales Tax, #115), Through A Line Code Transfer From Line Item #115 -65000 -30055 - Michael Blake Boulevard. This Line Item Has A Balance Of $1,460,000.00 And Was Budgeted Based On A Required Reimbursement After Construction Of Michael Blake Boulevard As A Part Of The Town Center Phase HA And Sonesta Pointe Developments. Michael Blake Boulevard Will Be Re- Budgeted For FY (Fiscal Year) 10 -11 Based On Ongoing Discussions With The Developers. COMMUNICATION EFFORTS: Staff Will Continue To Communicate With The Residents Impacted By The Phase II Construction With Flyers, Website Updates, E- Mails, Phone Calls, And Onsite Meetings. RECOMMENDATION: Staff Recommends That The City Commission Approve Central Florida Environmental Corporation For Construction Of The Ranchlands Roadway Improvements Phase II In The Amount Of $1,200,234.15 Plus 5% Contingency Funded From The Road Improvement Fund And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on this Agenda Item. Discussion followed on Bids and market pricing. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 20 OF 23 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: NAY COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE i COMMISSIONER HOVEY: AYE Q MOTION CARRIED. REGULAR 603. Office Of The City Manager REQUEST: Requesting The Commission To Set Dates For Workshops To Review The FY (Fiscal Year) 2011 Proposed Budget. FISCAL IMPACT: None. COMMUNICATION EFFORTS: Scheduled Workshops Will Be Posted Via Normal Agenda Posting Procedures. Additionally, These Workshops Will Be Advertised Via eAlerts, City Hall Electronic Sign, City Website, Emails To Local HOA's (Homeowner's Associations), PTA's (Parent Teacher Associations), And Advisory Board Members, And Press Release Contacts. RECOMMENDATION: The City Manager Recommends That The City Commission Set A Workshop Date(s) To Review The FY (Fiscal Year) 2011 Proposed Budget. Manager Smith spoke briefly on this Agenda Item and explained, "We will need to come to you with an Agenda Item on August 9 for the purposes of considering Health Insurance for our employees. The reason being is we have open enrollment deadlines that we need to get moving forward, so I only say that to let you know that we would have to have a separate discussion on Monday night the 9 (August 2010) about Health Insurance outside of our Budget Workshops." Discussion ensued on possible dates for Budget Workshops, to which Tuesday, August 10, 2010 was suggested. Commissioner Bonner and Commissioner McGinnis said, "I am good the 10 (August 2010)." Commissioner Krebs and Commission Hovey both said they were also available on August 10, 2010. Further comments followed on the Board of Trustees Meeting also scheduled for Tuesday, August 10, 2010. It was agreed that the City Commission could meet at 7:00 p.m. on August 10 2010, following the Board of Trustees Meeting which is scheduled to begin at 5:30 p.m. As to a second possible Budget Workshop, the date of Wednesday, August 11 2010 was suggested. Mayor Bush asked if this was acceptable. Commissioner McGinnis stated, "That is good." Commissioner Krebs remarked, "That is fine." No objections were voiced. Commissioner Krebs recommended a start time of 7:00 p.m. There were no objections noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 21 OF 23 ❖ ❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "501" WAS DISCUSSED AGAIN, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ON PAGES 15 -16 OF THESE az MINUTES. ❖ ❖ PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 501. Community Development Department — Planning Division REQUEST: Requests That The Local Planning Agency Hold A Public Hearing For Consideration Of Ordinance 2010 -20, Amending The Comprehensive Plan Related To The GreeneWay Interchange District (GID). FISCAL IMPACT: The Amendment Is Not Expected To Have Any Negative Fiscal Impact. COMMUNICATION EFFORTS: Commission Agenda Items Are Posted In City Hall And Posted On City's Website July 4, 2010 - Public Noticing In Orlando Sentinel Of LPA (Local Planning Agency) Public Hearing July 12, 2010 - Information To The City Commission July 14, 2010 - LPA (Local Planning Agency) Public Hearing — Consideration Of The Amendment And Recommendation Of Adoption Made To The City Commission July 15, 2010 - Public Noticing In Orlando Sentinel Of CC (City Commission) Public Hearing Tentative Implementation Schedule: July 26, 2010 - First Reading Of Ordinance Transmitting The Proposed Comprehensive Plan Amendments July 29, 2010 - Transmittal To Dept (Department) Of Community Affairs And Other Agencies Sept (September) 29, 2010- Receipt Of ORC (Objectives, Recommendations and Comments) Report From The State Dept. (Department) Of Community Affairs Oct (October) 25, 2010- Anticipated Adoption Hearing For Ordinance 2010 -18 RECOMMENDATION: P &Z (Planning And Zoning Board)/Local Planning Agency Recommendation: At A Regular Meeting Of The P &Z (Planning And Zoning Board)/Local Planning Agency Board Held On July 14, 2010, The Board Voted Unanimously To Recommend Approval Of Ordinance 2010 -20 With Minor Text Changes. These Changes Have Been Incorporated Into The Text. The Minutes Of This Meeting Will Be Distributed At The Commission Meeting On July 26th. STAFF RECOMMENDATION: Staff Requests That The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance 2010 -20, Which Amends Portions Of The City's Comprehensive Plan Related To The GreeneWay Interchange District (GID), And After Considering Staff's Findings, The Local Planning Agency's Recommendation And Public Comment, Approve Transmittal To The State Department Of Community Affairs For Review. Attorney Garganese readdressed a question stated earlier by Deputy Mayor Brown and said, "I believe Commissioner Brown asked a question regarding GreeneWay Interchange District - whether or not it is permitted to have a building that is not two (2) stories, a principal building; not an ancillary building but a principal building. The way I read the new Comprehensive Plan that was enacted by the Commission - it specifically states that there be at least two (2) occupiable stories for a principal building and if that was the technical question; the technical answer is you cannot have a principal building that is less than two (2) stories." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 22 OF 23 Mayor Bush asked, "Is there a Motion to re -open this item ?" "I WILL MAKE A MOTION TO RE- OPEN." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: NAY Q•� COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Discussion. Attorney Garganese suggested, "The proposal would be to add one (1) sentence to Policy 3.2.4., which reads, `The City Commission may permit principal buildings less than two (2) stories in height by Conditional Use, pursuant to the City's Land Development Regulations." Attorney Garganese added, "The Commission would have to Adopt Land Development Regulations that allows it and at that point you can establish whatever standards you want to establish for allowing a building less than two (2) stories." Furthermore, Mr. Stevenson noted, "The second phase of this would be to go back in and Amend the text of our Land Development Regulations to comply with this." Attorney Garganese commented, "The City Commission would actually have to Amend the Land Development Regulations to allow and if they Amend to allow, then there would still need to be a Conditional Use Hearing on top of that." Discussion. Mayor Bush re- opened the "Public Input " portion of the Agenda Item. No one spoke. Mayor Bush then closed this "Public Input" portion of the Agenda Item. "MOTION TO ADD LANGUAGE TO THE PREVIOUS `501' - TO WHAT ANTHONY (GARGANESE) HAD SAID - THE SENTENCE TO ALLOW ONE (1) STORY BASED ON CONDITIONAL USE." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ASKED ATTORNEY GARGANESE TO READ THE WORDING INTO THE RECORD TO WHICH ATTORNEY GARGANESE STATED, "THE CITY COMMISSION MAY PERMIT PRINCIPAL BUILDINGS LESS THAN TWO (2) STORIES IN HEIGHT BY CONDITIONAL USE, PURSUANT TO STANDARDS SET FORTH IN 'l'HN; CITY'S LAND DEVELOPMENT REGULATIONS." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JULY 26, 2010 PAGE 23 OF 23 In other City business, Commissioner Krebs noted, "I was just wondering where we were on the - Trail, that land, the situation and the piece over where the Amphitheatre is - and where we are in that process ?" Mr. Stevenson noted, "I will contact them this week and try to put an update in Item `100'." With further 1=11 comments, Mr. Stevenson added, "I will try to get an update the next couple of days..." Commissioner Krebs asked Mr. Stevenson, "...Is it possible for you to fmd out when they think they would get that back to us ?" C Continuing, Mr. Stevenson explained, "If it pleases the Commission and the Manager, I will package it in an email rather than wait for `100'." Manager Smith stated, "Yes please." Moe Further discussion followed on Regular Agenda Item "602" to which Mayor Bush asked Manager Smith to put out a News Release on this. Manager Smith said he would be pleased to do that but mentioned that MetroPlan Orlando had asked that all News Releases be spoken with one (1) voice. Manager Smith added, "I will ask them." Mayor Bush then mentioned that Seminole County would be Voting on this same issue Tuesday, and said, "If there is a News Release coming out, I would like to then make sure we get it out on our Website." Manager Smith stated, "Absolutely. I will be coordinating with them." Further discussion followed on sharing the City's good news related to Regular Agenda Item "602 ", and Mayor Bush suggested, "I think we could certainly say - 'Passed our Commission Five -Zero (5- 0)'..." Commissioner Krebs recommended, "...`We are proud to announce'..." Mayor Bush then said to Manager Smith, "...You can coordinate that with them." Commissioner McGinnis and Commissioner Bonner thanked Mayor Bush for his assistance with this effort. Tape 2 /Side B Further comments. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at7:33 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO - LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2010 City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA ,vo o enril s � 2 V Incorporated 1959 `ORIOP CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JULY 26, 2010 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 2 OF 23 CALL TO ORDER The Regular Meeting of Monday, July 26, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Mayor Bush stated, "On Agenda changes, I am going to move (Regular Agenda Item) "602" to be the first Regular Agenda Item." No objections were voiced. Mr. Bill McDermott, Seminole County Economic Development, 1055 AAA Drive, Suite 148, Heathrow, Florida: introduced some colleagues that were in attendance at tonight's Meeting. ❖ ❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED FIRST, FOLLOWED BY THE REST OF THE AGENDA, AS NOTED. ❖ ❖ REGULAR AGENDA REGULAR 602. Office Of The City Manager REQUEST: Requesting The City Commission Authorize The Mayor To Provide A Conditional Letter Of Commitment Outlining The City's Support And Partnership With Seminole County, University Of Central Florida, Florida High Tech Corridor Council And The State Of Florida To Successfully Relocate SEMATECH To Winter Springs. City Participation Is Conditional Upon Other Agencies Participation And Contributions. FISCAL IMPACT: The Total Potential Award To Be Offered By Seminole County And The City Of Winter Springs Is $15M. This Pledge And Commitment Is Conditional On The Precedent Agency Participation Outlined In The Support Letter (Attached) And The Availability Of City Funds. Prior To A Formal City Commission Determination To Commit City Of Winter Springs Funds For A Portion Of This $15M Total, A Specific Detailed City Participation Schedule And Specific Fiscal Impact Analysis Based On That Schedule Will Be Presented To The City Commission Upon The Satisfaction Of The Aforementioned Precedent Activities Of Participating Agencies And Corporate Decisions. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 3 OF 23 The City Is Also Researching Potential Costs To Provide Infrastructure To The Project Site And Adjacent Parcels. Infrastructure Provided To Adjacent Parcels Is Intended To Stimulate Additional Development From Support Companies. Anticipated Infrastructure Cost Estimates Range From $5M -9M. Infrastructure Costs For Phase I Of The Project, Which Includes The SEMATECH Site, Is Estimated To Be Approximately $5.6 M Of The Above Referenced $9M. The Projected Phase I Costs Include Off -Site Water And Sewer Improvement And Extensions. The City Is Currently Coordinating With ECFRPC To Pursue An EDA Grant To Offset These Anticipated Infrastructure Costs. COMMUNICATION EFFORTS: The City Manager And The City's Consultant Have Been In Constant Contact With County, Metro EDC And Project Transform Representatives. RECOMMENDATION: The City Manager Recommends That The City Commission Grant Approval For The Mayor To Formally Submit The Attached Commitment And Partnership Letter To The University Of Central Florida. Dr. Dan Holsenbeck, Vice President, University Relations, University of Central Florida, 4000 Central Florida Boulevard, Orlando, Florida: spoke for the Record about a proposed partnership project between the University of Central Florida and the City of Winter Springs related to photovoltaic cell research and development. Discussion. "I MAKE A MOTION THAT WE ALLOW THE MAYOR TO ENTER INTO THE COMMITMENT LETTER AND PARTNERSHIP AGREEMENT WITH THE UNIVERSITY OF CENTRAL FLORIDA ON THIS PROJECT." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BONNER ASKED, "THE COMMITMENT LETTER AS IT IS LAID OUT RIGHT NOW, EXTENDS OUR INTEREST AS A CITY AND CONTINUING TO PURSUE THE DISCUSSION. ALTHOUGH IT IDENTIFIES THE TOTAL VALUE OF THE COMBINED COMMITMENT, THOSE DETAILS REMAIN TO BE RESOLVED." MANAGER SMITH STATED, "THOSE WOULD COME BACK TO THIS COMMISSION FOR APPROVAL BEFORE MOVING FORWARD." CONTINUING, COMMISSIONER BONNER ADDED, "WE ARE NOT TONIGHT MAKING A DEFINED FINANCIAL COMMITMENT ASIDE FROM BEING A PARTNER IN THE PROCESS." MANAGER SMITH RESPONDED, "THAT'S CORRECT. ADDITIONALLY AGAIN, EVERYONE INVOLVED IS ENTHUSIASTIC AND OPTIMISTIC ABOUT OUR SUCCESS IN RECEIVING THIS AWARD. FOR SOME REASON SHOULD WE NOT BE SUCCESSFUL, THE CITY HAS NO - COMMITMENT WHATSOEVER, NO FUTURE COMMITMENT." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 4 OF 23 INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 101. Parks And Recreation Department REQUEST: Wishes To Provide The City Commission With A Post -Event Summary Of The 2010 Celebration Of Freedom. FISCAL IMPACT: Staff Was Able To Reduce Budgeted Expenditures From $34,000.00 To $27,365.00 (Saving $6,635.00) And Increase "Sponsorship, Vendor, Etc." Revenue From $15,000.00 To $16,450.00 (Adding $1,450.00) For A Total Of $8,085.00 Below Projected Budget. The Resulting Impact Was $10,915.00 (Or $8,085.00 Savings) In General Fund Reserve Utilization As Follows: Budget Actual Delta Financing Sources: Gen (General) Fund Reserves 19,000 10,915 (8,085) Sponsorships, Etc. 15,000 16,450 1,450 Total Sources 34,000 27,365 (6,635) Total Expenditures 34,000 27,365 (6,635) Additionally, $9,700.00 Of In -Kind Contributions Was Procured To Enhance The Event Without Utilization Of City Funds. Unfortunately, Donations Received Via Utilization Of "Donation Buckets" Were Not As Successful As We Had Hoped, Presumably Due To Weather Conditions. Staff Will Revisit This Strategy For Ways To Increase Its Success In Future Events. COMMUNICATION EFFORTS: The 4 Of July 2010 Expenses/Revenue /In -Kind Report Was Given Out And Discussed At The City Staff (ICS) Post Operations July 4 Meeting. This Agenda Item Has Been Distributed To The Mayor And City Commission, City Manager, City Attorney And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, Laserfiche, And The City's Server. RECOMMENDATION: The Parks And Recreation Department Recommends That The City Commission Receive The 2010 Celebration Of Freedom Post -Event Summary Presented Herein. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 5 OF 23 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Police Department REQUEST: Requests The City Commission To Approve And Utilization Of P.N.L. Commercial For The Purpose Of Expanding The Police Department's Crime Lab. Funding Is Requested From Police Impact Fees In The Amount Of $18,525.00. FISCAL IMPACT: The Winter Springs Police Department Secured Three Written Quotes From Licensed Contractors To Perform The Work With The Direction Of Engineering Plans And Specs From Architects Design Group, Inc. Out Of Winter Park, Florida PNL Commercial Corporation Quoted $18,525.00, Air - Pak Product & Services, Inc. Quote Was $21,355.00 And Patrick Stack Inc Quoted $28,834.00. Funding Is Requested From Police Impact Fees In The Amount Of $18,525.00. The Available Balance In Police Impact Fees Is $91,940.80. The City Engineer Reviewed The Quotes And Felt That PNL Was Acceptable. The Cities Building Department Reviewed Each Contractor's Background For Complaints And Found No Complaints And That All Three Have Been In Business For 9 To 10 Years. COMMUNICATION EFFORTS: Posting Of The Agenda Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The City Commission To Approve The Expenditure Of $18,525.00 From Police Impact Fees And Approve Utilization Of P.N.L Commercial As The Contractor For This Project. Discussion followed with Commissioner Sally McGinnis and Chief of Police Kevin Brunelle regarding this Agenda Item. CONSENT 201. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 6 OF 23 CONSENT 202. Police Department REQUEST: Requests The City Commission To Review And Approve The Attached FY (Fiscal Year) 2011 State And Local HIDTA Task Force Agreement Renewal And Allow The City Manager To Execute This Agreement On Behalf Of The City. FISCAL IMPACT: None. COMMUNICATION EFFORTS: Posting Of The Agenda Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The City Commission Is Being Requested To Review The Agreement And Approve The City Manager To Execute Same On Behalf Of The City. This Agenda Item was not discussed. CONSENT 203. Community Development Department — Urban Beautification Services Division REQUEST: Requesting Authorization For A Revision To The Existing Neighborhood Street Sign And Light Improvement Agreement With Mt. Greenwood Community Association, Inc., To Include Twenty- Four (24) Additional Street Lights Located Along Dolphin Road. FISCAL IMPACT: Funding For This Project Will Be Provided By Mt. Greenwood Community Association, Inc., And Its Members, With No Additional Cost To The City. The Twenty-Four (24) Upgraded Street Lights Will Be Direct Replacements For Existing Street Lights Within The City's Inventory. COMMUNICATION EFFORTS: The MGCA Board Of Directors Has Requested That A Revision Of The NSSLIA Be Endorsed By City Staff And Presented To The Commission For Approval. This Agenda Item Has Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Is Available On The City's Website, Laserfiche, And The City's Server. RECOMMENDATION: The Community Development Department, Urban Beautification Division, Recommends A Revision To The Existing NSSLIA For MGCA, Which Was Approved By The City Commission On October 26, 2009 (Agenda Item 201), To Include Twenty-Four (24) Additional Upgraded Street Lights, Making A New Total Of Twenty-Eight (28) Decorative Street Lights In Their Program. It Is Also Recommended That The City Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Related To This Agenda Item. No discussion. CONSENT 204. Finance Department REQUEST: Requests That The City Commission Adopt Resolution No. (Number) 2010 -38 Amending The Fiscal Year 2009 -2010 Budget. FISCAL IMPACT: Set Forth In Attachment 1. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 7 OF 23 COMMUNICATION EFFORTS: N/A RECOMMENDATION: Adopt Resolution No. (Number) 2010 -38 Amending The FY (Fiscal Year) 2009- 2010 Budget. There was no discussion on this Agenda Item. CONSENT 205. Finance Department REQUEST: Requests The City Commission Consider And Approve Resolution No. (Number) 2010 -36 Authorizing And Ratifying The City's Refinancing Of The Oak Forest Assessment Area's Capital Improvement Revenue Note — Series 2004A. FISCAL IMPACT: The Loan Agreement Will Save Oak Forest Residents An Estimated $34,000.00 Interest Expense And Fees While Simultaneously Increasing The City's Interest Revenue By Approximately $24,000.00. COMMUNICATION EFFORTS: Resolution Will Distributed To The Oak Forest Wall And Beautification District Board At Their Next Scheduled Meeting. RECOMMENDATION: It Is The Recommendation Of The City Manager That The City Commission Approve Resolution 2010 -36 The Refinancing Plan For The OFWBD (Oak Forest Wall And Beautification District) Assessment Area (Capital Improvement Revenue Note, Series 2004A), With An Internal Note From The City's General Fund Reserve. The Debt Instrument Will Be A Simple Interest Loan At The Stated Rate Of 2.75 %, With Quarterly Installments For The Next 7 Years (See Attachment `A'), Starting On September 30, 2010 And Ending June 30, 2017. There Will Be No Prepayment Penalties. This Agenda Item was not discussed. CONSENT 206. Police Department REQUEST: Requests The Commission To Approve The Utilization Of Digital Ally Inc. Via Piggy - Backing Of The Houston - Galveston Area Council Contract EF04 -09 For Six (6) In -Car Camera Units In The Total Amount Of $29,679.96. FISCAL IMPACT: $29,679.96 From Current 2009/2010 Budgeted Funds From The Police Department Operations Bureau. COMMUNICATIONS EFFORTS: Posting Of Agenda Item Via City Transmittal And To Message Boards In Communities Throughout The City. RECOMMENDATION: Police Department Requests The Commission To Approve The Utilization Of Digital Ally Inc. Via Piggy - Backing Off The Houston - Galveston Area Council Contract EF04 -09 For Six (6) In -Car Camera Units In The Amount Of $29,679.96. Brief discussion ensued with Chief Brunelle. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 8 OF 23 CONSENT 207. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 12, 2010 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The July 12, 2010 City Commission Regular Meeting Minutes. No discussion. CONSENT 208. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 19, 2010 City Commission Town Hall Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The July 19, 2010 City Commission Town Hall Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER 'CRESS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 9 OF 23 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of A Certificate Of Recognition To Winter Springs Sunshine Youth Basketball League In Honor Of Their Contributions As A Valued Youth Sports Partner. Mayor Bush presented a Certificate of Recognition to "WSBL ". Mr. Chris Mullins, 828 Blairmont Lane, Lake Mary, Florida: representing "WSBL ", Mr. Mullins addressed the City Commission. Mr. Chris Caldwell, Athletic Supervisor, Parks and Recreation Department thanked Mr. Mullins for his contributions. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith City Manager Kevin L. Smith commented that he and Staff were working on the City Commission's presentation for the upcoming Florida League of Cities Annual Conference and that he would forward a draft of the proposed presentation "Very shortly" to the City Commission for their review. Secondly, Manager Smith noted that at everyone's Seat on the dais were eAlerts business cards which he hoped the City Commission would distribute when possible in an effort to further market eAlerts. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo- Luaces, MMC City Clerk Andrea Lorenzo - Luaces mentioned that the League of Womens Voters had suggested that the Candidate Night that the City had agreed to, would be scheduled for Wednesday, October 20 2010. Brief discussion followed on a possible time. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 10 OF 23 REPORTS 403. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey stated that the decorative containers for the eAlert cards was "A cool idea - that is a great idea." Deputy Mayor Rick Brown also said, "Great idea." Next, Commissioner Hovey asked about the status of the Sign Ordinance. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department responded, "I will be finishing that language this week. I had told the City Attorney I would have it over to him this week, so I've made that commitment." Commissioner Hovey then mentioned that there will be a School Board Candidate Forum this Wednesday, July 28, 2010 at 7:00 p.m., and was being held at Crooms Academy of Information Technology. REPORTS 404. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown No Report. REPORTS 405. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Gary Bonner mentioned an upcoming Boys and Girls Club Back To School Fair and Shop with a Sheriff event and noted that if any of his colleagues wanted to assist, he would welcome their participation. REPORTS 406. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis spoke of the eAlert containers. Next, Commissioner McGinnis mentioned a meeting with the Highlands Homeowner's Association and the owner of the Winter Springs Golf Course regarding lifting of some of the conservation rights. Discussion. Manager Smith stated, "With the Commission's blessing, I will call the Property Owner." Manager Smith added, "I will call him and remind him or ask him that if he has any desire to have any conversations about the Conservation Easement and potential development of that property that may come before this Commission that he please do so through my Office." Mayor Bush suggested, "Maybe you could get a kind of analysis of what happened and report back to the Commission so everybody knows." With further comments, Commissioner McGinnis suggested any future questions be forwarded to the City Manager. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JULY 26, 2010 PAGE 11 OF 23 Continuing, Commissioner McGinnis mentioned that "Going down the road toward the entrance to the Dog Park, there is a huge pit, a big hole full of rocks" and suggested this be checked out. Manager Smith stated, "We'll take a look at it Commissioner." REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs commented on seeing information about a Highlands Community meeting dealing with the Winter Springs Golf Course advertised in the Highlands Newsletter, and spoke of the Commission keeping commitments. Commissioner Krebs thought that Manager Smith could possibly let the Highlands community know of her commitment. Further comments. Tape 1 /Side B Next, Commissioner Krebs commented on illegal signs. Much discussion. Chief Brunelle addressed signage issues with the City Commission and referenced a City signage brochure that he said was helpful. Discussion followed on those who follow the rules; where signs that have been removed are stored; and the up to forty-five (45) day timeline for processing Sign Application Permits. Commissioner Krebs suggested that the "Up to forty-five (45) days" timeline was not customer friendly and not business friendly and suggested "This probably needs to be tweaked." Commissioner McGinnis added, "Probably does." Manager Smith agreed and said, "I couldn't agree with you more. I would like to see if we can get an opportunity to take a look at this and see if we can come up with some process improvements and report back to you all." Deputy Mayor Rick Brown suggested that to avoid any impression of favoritism, "I think, especially for political signs, there needs to be a definitive time frame." With discussion, Commissioner Krebs suggested that removing illegal signs could be handled through the Citizens on Patrol (COP's) program. Further comments followed on sweeping signs; rules; staffing; and that our Code does not include Enclaves. Deputy Mayor Brown suggested, "After the Election, maybe we ought to circle back and address this." Deputy Mayor Brown added, "I think we really ought to loosen up political signage for a certain period before the Election." Commissioner Krebs noted, "I absolutely agree with you." REPORTS 408. Office Of The Mayor — The Honorable John F. Bush Mayor Bush thanked Deputy Mayor Brown for presiding over the recent City Commission Meetings and Workshops when he could not be in attendance. Secondly, Mayor Bush commented on a recent City issued check and regarding some withholdings said, "I can talk to you about it later." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 12 OF 23 Thirdly, Mayor Bush commented on why the Golf Course Property Owner might have involved the Highlands community. Lastly, Mayor Bush spoke of an Invoice for Leadership Seminole Government Day. "I WILL MAKE THAT MOTION." MOTION BY DEPUTY MAYOR BROWN. MAYOR BUSH SUMMARIZED, "DEPUTY MAYOR BROWN MADE A MOTION THAT WE PAY THE FIVE HUNDRED DOLLARS ($500.00)." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC INPUT Although Ms. Pam Carroll did not speak, Mayor Bush stated, "Pam (Carroll) was in favor of `602' which was our first Agenda Item." Mr. Steve Blount, 149 Cherry Creek Circle, Winter Springs, Florida: commented on the proposed Atlantic Housing Partners, LLLP project and asked if there was a timeline for considering their proposal. Commissioner Bonner hoped that all citizens would have whatever time they needed to review the documents. With further comments on the scheduling of public meetings, Deputy Mayor Brown suggested, "I would like to see though that there is ample time between those meetings for the citizens to digest what they have heard at the meeting first and maybe attend another subsequent meeting to ask questions based on what they have heard. I would hate to see these back to back to back, three (3) nights in a row." Commissioner Krebs agreed. Discussion followed. "I WOULD MAKE THAT A MOTION THAT THE COMMUNITY MEETINGS HAVE A SEPARATION OF AT LEAST A COUPLE OF WEEKS BETWEEN THEM." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BONNER ASKED, "ARE CITY STAFF INVITED AND /OR EXPECTED TO BE IN ATTENDANCE AT THESE MEETINGS, THEREFORE WE ARE INVESTING CITY RESOURCES ?" MR. STEVENSON RESPONDED, "WE HAVE NOT RECEIVED ANY FORMAL INVITATIONS AND HAVE YET TO DECIDE HOW AND IF WE WILL ATTEND THEM - FOR THE PURPOSES OF JUST GATHERING INFORMATION AND LISTENING, NOT TAKING ANY FORMAL ROLES AT ALL IN THESE MEETINGS." COMMISSIONER BONNER ADDED, "I TAKE THAT TO MEAN THAT CITY STAFF PARTICIPATION WOULD BE VOLUNTARY ?" MR. STEVENSON STATED, "THAT'S CORRECT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 13 OF 23 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: NAY MOTION CARRIED. Discussion followed on Public Records and letting residents review any submitted documents from Atlantic Housing Partners, LLLP. With further comments on the availability of documents; and where Staff was in the Review process. Commissioner Krebs suggested the documents be marked, "Under review ". Mayor Bush added, "I think we should post these on the Web with a disclaimer that you mentioned — `Under review'." City Attorney Anthony A. Garganese noted that he did not see this as a problem. Mayor Bush also suggested that the documents be marked that they "Have not been reviewed ", and/or "Have not gone to the City Commission ". Mr. Bob Henderson, 635 White Ibis Court, Winter Springs, Florida: advised the City Commission that he was not considering anything between the Highlands community and the Golf Course property owner. Mayor Bush closed "Public Input". PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division REQUEST: Requests That The City Commission Consider Recommendations From The Local Planning Agency And Hold A Public Hearing For Ordinance 2010 -18, Amending The Comprehensive Plan To Create A Citywide Transportation Concurrency Exception Area (TCEA) For The City Of Winter Springs And Forward The Proposed Amendments To The Florida Department Of Community Affairs For Review. FISCAL IMPACT: Developments Will Be Required To Implement, Or Provide A Funding Contribution To Directly Implement Mobility Strategies (Identified By The City), Based On A Proposed Development's Anticipated Net, New Trip Generation. Subsequent To This Amendment, The City Will Further Examine Other Implementation Strategies (Which May Include Mobility Fees, Proportionate Share Mitigation, Fees In -Lieu, And /Or Combination) To Support And Fund Mobility And Will Amend Its Land Development Code As Needed. The City Still Maintains The Ability To Collect Transportation Impact Fees To Ensure That New Development Pays For Its Fair Share Towards The Building Or Redevelopment Of Road Capacity. COMMUNICATION EFFORTS: Commission Agenda Items Are Posted In City Hall And Posted On City's Website July 4, 2010 - Public Noticing In Orlando Sentinel Of LPA (Local Planning Agency) Public Hearing July 12, 2010 - Information To The City Commission July 14, 2010 — LPA (Local Planning Agency) Public Hearing — Consideration Of The Amendment And Recommendation Of Adoption Made To The City Commission July 15, 2010 - Public Noticing In Orlando Sentinel Of CC (City Commission) Public Hearing CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 14 OF 23 Tentative Implementation Schedule: July 26, 2010 - First Reading Of Ordinance Transmitting The Proposed Comprehensive Plan Amendments July 29, 2010 - Transmittal To Dept (Department) Of Community Affairs And Other Agencies Sept (September) 29, 2010 - Receipt Of ORC (Objectives, Recommendations and Comments) Report From The State Dept. (Department) Of Community Affairs Oct (October) 25, 2010 - Anticipated Adoption Hearing For Ordinance 2010 -18 RECOMMENDATIONS: P &Z (Planning and Zoning Board)/LOCAL PLANNING AGENCY RECOMMENDATION: At A Regular Meeting Of The P &Z (Planning And Zoning Board)/Local Planning Agency Board Held On July 14, 2010, The Board Voted Unanimously To Recommend Approval Of Ordinance 2010 -18, Amending The Comprehensive Plan. The Minutes Of This Meeting Will Be Distributed At The Commission Meeting On July 26th. STAFF RECOMMENDATION: Staff Requests That The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance 2010 -18, Which Amends Portions Of The City's Comprehensive Plan To Designate The Entire City As A Transportation Concurrency Exception Area (TCEA) And To Identify Mobility Strategies And Funding, And After Considering Staff's Findings, The Local Planning Agency's Recommendation And Public Comment, Approve Transmittal To The State Department Of Community Affairs For Review. Mayor Bush asked, "Can we have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only and noted, "This is First Reading of this Ordinance; it is also considered a Transmittal Hearing. There is a sign -in sheet if anybody wants to sign in to follow this Comprehensive Plan Amendment and that sign -in sheet is required by Law." Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department added, "The sign -in sheet is out in the Lobby." Continuing, Ms. Sahlstrom mentioned that Minutes from a Planning and Zoning Board/Local Planning Agency Meeting had been provided to the City Commission tonight; and then proceeded to review this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 15 OF 23 "I MOVE TO MOVE THIS (ORDINANCE 2010 -18) TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. • • AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "501" WAS DISCUSSED NEXT, IN ADDITION TO THE DISCUSSION NOTED ON PAGES 21 -22 OF THESE MINUTES. ❖ • PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 501. Community Development Department — Planning Division REQUEST: Requests That The Local Planning Agency Hold A Public Hearing For Consideration Of Ordinance 2010 -20, Amending The Comprehensive Plan Related To The GreeneWay Interchange District (GID). FISCAL IMPACT: The Amendment Is Not Expected To Have Any Negative Fiscal Impact. COMMUNICATION EFFORTS: Commission Agenda Items Are Posted In City Hall And Posted On City's Website July 4, 2010 - Public Noticing In Orlando Sentinel Of LPA (Local Planning Agency) Public Hearing July 12, 2010 - Information To The City Commission July 14, 2010 - LPA (Local Planning Agency) Public Hearing — Consideration Of The Amendment And Recommendation Of Adoption Made To The City Commission July 15, 2010 - Public Noticing In Orlando Sentinel Of CC (City Commission) Public Hearing Tentative Implementation Schedule: July 26, 2010 - First Reading Of Ordinance Transmitting The Proposed Comprehensive Plan Amendments July 29, 2010 - Transmittal To Dept (Department) Of Community Affairs And Other Agencies Sept (September) 29, 2010- Receipt Of ORC (Objectives, Recommendations and Comments) Report From The State Dept. (Department) Of Community Affairs Oct (October) 25, 2010- Anticipated Adoption Hearing For Ordinance 2010 -18 RECOMMENDATION: P &Z (Planning And Zoning Board)/Local Planning Agency Recommendation: At A Regular Meeting Of The P &Z (Planning And Zoning Board)/Local Planning Agency Board Held On July 14, 2010, The Board Voted Unanimously To Recommend Approval Of Ordinance 2010 -20 With Minor Text Changes. These Changes Have Been Incorporated Into The Text. The Minutes Of This Meeting Will Be Distributed At The Commission Meeting On July 26th. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JULY 26, 2010 PAGE 16 OF 23 STAFF RECOMMENDATION: Staff Requests That The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance 2010 -20, Which Amends Portions Of The City's Comprehensive Plan Related To The GreeneWay Interchange District (GID), And After Considering Staff's Findings, The Local Planning Agency's Recommendation And Public Comment, Approve Transmittal To The State Department Of Community Affairs For Review. Mayor Bush asked, "Can we have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2010 -20 by "Title" only and remarked, "Which also is considered a Transmittal Hearing. If Approved, it gets sent to the Department of Community Affairs." Furthermore, Attorney Garganese noted, "Once the Department (of Community Affairs) gets this, the City will get a Report back with Objections, Recommendations and Comments at which point, the City then has an opportunity to tweak this a little bit if necessary and then it gets brought to the Commission for an Adoption Hearing." Mr. Stevenson commented briefly on this Agenda Item. Tape 2 /Side A Further comments. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued on one (1) story and two (2) story buildings. "MOTION TO MOVE TO SECOND (READING)." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 17 OF 23 PUBLIC HEARINGS 502. Office Of The City Attorney REQUEST: Requests That The City Commission Consider The First Reading Of Ordinance Number 2010 -19, Which Provides For A Referendum Election And Ballot Language For The November 2, 2010 General Election. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Requests That The City Commission Consider The First Reading Of Ordinance Number 2010 -19 And If Acceptable, Approve And Move It To A Second Reading Which Will Tentatively Be Scheduled For August 9, 2010. Mayor Bush asked, "Can we have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion followed on the wording of the proposed Ballot questions. Commissioner McGinnis suggested, "Our job as a City now was to prepare some kind of background material where we can either send out, give out, put on our Website, that gives some rationale. I am assuming we would do that." Manager Smith said that as the City Commission had asked that to be done, Manager Smith noted, "Within the restrictions of the Statutes as they are now laid out that address dissemination or taking a position on an issue, within the allowances we have legally, it was our intent to do that in our Fall Newsletter." Commissioner Hovey thought it would be helpful if the Commission had information they could share with others when asked. Commissioner Hovey suggested it should be in the Newsletter and recommended that Staff attend a CAC (Citizen Advisory Committee) meeting to further address the Ballot questions and related information. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: speaking as the former Chairman of the Winter Springs Ad Hoc Charter Review Committee, Mr. Lacey commented on Section 4.05. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 18 OF 23 Mr. Lacey then stated, "Section 4.05. is modified twice — one (1) is a technical correction, one (1) a substantive correction. I assume if the technical correction were to pass as well as the substantive correction, we would still carry forward the substantive changes that otherwise might be overridden if you look at the pure text of the technical correction." Attorney Garganese explained, "Each one (1) is independent of themselves." "MOTION TO APPROVE" (ORDINANCE 2010 -19 AND MOVE TO SECOND READING). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: NAY DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Manager REQUEST: Requesting That The City Commission Consider Approval Of Resolution 2010 -41, Computing The Proposed Operating Millage Rate For Fiscal Year 2010 -2011 At 2.4714 Mills And Voted Debt Service Millage Rate At 0.1100 Mills Establishing The Rolled -Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year 2010- 2011. FISCAL IMPACT: In Periods Of Declining Property Values, The Decision To Maintain Or Lower The Millage Rates Will Result In Less Ad Valorem Revenue Than The Prior Year. In Order To Maintain A Flat Voted Debt Millage Rate A Transfer From The General Fund To The Central Winds General Obligation Debt Service Fund ( #225) Will Be Necessary In The Amount Of $44,000.00. Both Scenarios Have Been Programmed Into The Fiscal Year 2011 Proposed Budget. COMMUNICATION EFFORTS: Numerous Methods Were Utilized To Communicate The Budget Forum On July 19 Additionally, The Proposed Budget Was Published On The City's Website The Day Following Budget Transmittal (June 28 The Property Appraiser Will Mail Each Property Owner And TRIM Notice Prior To The First Public Hearing (Sept [September] 13 And The Final Public Hearing Will Be Advertised In The Orlando Sentinel In Compliance With And According To Florida Statute. RECOMMENDATION: It Is Recommended That The Commission Take The Following Action: • Adopt Resolution 2010 -41 Setting The Proposed Operating Millage Rate At 2.4714 Mills And Establishing The Rolled -Back Rate At 2.6404 Mills And Setting The Proposed Voted Debt Service Millage Rate At 0.1100 Mills For A Total Proposed Millage Rate Of 2.5814 Mills. • Establish The Date, Time And Place For A Public Hearing Regarding The Proposed Millage Rate And The Tentative Budget As September 13, 2010 At 5:15 PM At 1126 East State Road 434, Winter Springs Florida (Commission Chambers). Manager Smith introduced this Agenda Item and remarked, "As you all know, this is your Millage cap. This is a rate that cannot be exceeded but can be lowered. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 19 OF 23 This is also the rate that will go out in the TRIM (Truth in Millage) Notices that all our residents will receive early to mid August. There is recommended no increase in the Millage nor the Voted Debt Millage Rate, consistent with our prior discussions." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 601. Public Works Department REQUEST: Requesting Authorization To Award Construction Of The Ranchlands Roadway Improvements Phase II To Central Florida Environmental Corporation (CFE) By Amending CFE's Current Contractual Agreement With The City For The Ranchlands Roadway Improvements Phase I. FISCAL IMPACT: The Project Cost Is $1,200,234.15 Plus A 10% Contingency. The Funding Source Is The Road Improvement Fund (One -Cent Sales Tax, #115), Through A Line Code Transfer From Line Item #115 -65000 -30055 - Michael Blake Boulevard. This Line Item Has A Balance Of $1,460,000.00 And Was Budgeted Based On A Required Reimbursement After Construction Of Michael Blake Boulevard As A Part Of The Town Center Phase HA And Sonesta Pointe Developments. Michael Blake Boulevard Will Be Re- Budgeted For FY (Fiscal Year) 10 -11 Based On Ongoing Discussions With The Developers. COMMUNICATION EFFORTS: Staff Will Continue To Communicate With The Residents Impacted By The Phase II Construction With Flyers, Website Updates, E- Mails, Phone Calls, And Onsite Meetings. RECOMMENDATION: Staff Recommends That The City Commission Approve Central Florida Environmental Corporation For Construction Of The Ranchlands Roadway Improvements Phase II In The Amount Of $1,200,234.15 Plus 5% Contingency Funded From The Road Improvement Fund And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on this Agenda Item. Discussion followed on Bids and market pricing. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 20 OF 23 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: NAY COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 603. Office Of The City Manager REQUEST: Requesting The Commission To Set Dates For Workshops To Review The FY (Fiscal Year) 2011 Proposed Budget. FISCAL IMPACT: None. COMMUNICATION EFFORTS: Scheduled Workshops Will Be Posted Via Normal Agenda Posting Procedures. Additionally, These Workshops Will Be Advertised Via eAlerts, City Hall Electronic Sign, City Website, Emails To Local HOA's (Homeowner's Associations), PTA's (Parent Teacher Associations), And Advisory Board Members, And Press Release Contacts. RECOMMENDATION: The City Manager Recommends That The City Commission Set A Workshop Date(s) To Review The FY (Fiscal Year) 2011 Proposed Budget. Manager Smith spoke briefly on this Agenda Item and explained, "We will need to come to you with an Agenda Item on August 9` for the purposes of considering Health Insurance for our employees. The reason being is we have open enrollment deadlines that we need to get moving forward, so I only say that to let you know that we would have to have a separate discussion on Monday night the 9 (August 2010) about Health Insurance outside of our Budget Workshops." Discussion ensued on possible dates for Budget Workshops, to which Tuesday, August 10, 2010 was suggested. Commissioner Bonner and Commissioner McGinnis said, "I am good the 10 (August 2010)." Commissioner Krebs and Commission Hovey both said they were also available on August 10, 2010. Further comments followed on the Board of Trustees Meeting also scheduled for Tuesday, August 10, 2010. It was agreed that the City Commission could meet at 7:00 p.m. on August 10 2010, following the Board of Trustees Meeting which is scheduled to begin at 5:30 p.m. As to a second possible Budget Workshop, the date of Wednesday, August 11 2010 was suggested. Mayor Bush asked if this was acceptable. Commissioner McGinnis stated, "That is good." Commissioner Krebs remarked, "That is fine." No objections were voiced. Commissioner Krebs recommended a start time of 7:00 p.m. There were no objections noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 21 OF 23 ❖ ❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "501" WAS DISCUSSED AGAIN, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ON PAGES 15 -16 OF THESE MINUTES. ❖ ❖ PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 501. Community Development Department — Planning Division REQUEST: Requests That The Local Planning Agency Hold A Public Hearing For Consideration Of Ordinance 2010 -20, Amending The Comprehensive Plan Related To The GreeneWay Interchange District (GID). FISCAL IMPACT: The Amendment Is Not Expected To Have Any Negative Fiscal Impact. COMMUNICATION EFFORTS: Commission Agenda Items Are Posted In City Hall And Posted On City's Website July 4, 2010 - Public Noticing In Orlando Sentinel Of LPA (Local Planning Agency) Public Hearing July 12, 2010 - Information To The City Commission July 14, 2010 - LPA (Local Planning Agency) Public Hearing — Consideration Of The Amendment And Recommendation Of Adoption Made To The City Commission July 15, 2010 - Public Noticing In Orlando Sentinel Of CC (City Commission) Public Hearing Tentative Implementation Schedule: July 26, 2010 - First Reading Of Ordinance Transmitting The Proposed Comprehensive Plan Amendments July 29, 2010 - Transmittal To Dept (Department) Of Community Affairs And Other Agencies Sept (September) 29, 2010- Receipt Of ORC (Objectives, Recommendations and Comments) Report From The State Dept. (Department) Of Community Affairs Oct (October) 25, 2010- Anticipated Adoption Hearing For Ordinance 2010 -18 RECOMMENDATION: P &Z (Planning And Zoning Board)/Local Planning Agency Recommendation: At A Regular Meeting Of The P &Z (Planning And Zoning Board)/Local Planning Agency Board Held On July 14, 2010, The Board Voted Unanimously To Recommend Approval Of Ordinance 2010 -20 With Minor Text Changes. These Changes Have Been Incorporated Into The Text. The Minutes Of This Meeting Will Be Distributed At The Commission Meeting On July 26th. STAFF RECOMMENDATION: Staff Requests That The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance 2010 -20, Which Amends Portions Of The City's Comprehensive Plan Related To The GreeneWay Interchange District (GID), And After Considering Staffs Findings, The Local Planning Agency's Recommendation And Public Comment, Approve Transmittal To The State Department Of Community Affairs For Review. Attorney Garganese readdressed a question stated earlier by Deputy Mayor Brown and said, "I believe Commissioner Brown asked a question regarding GreeneWay Interchange District - whether or not it is permitted to have a building that is not two (2) stories, a principal building; not an ancillary building but a principal building. The way I read the new Comprehensive Plan that was enacted by the Commission - it specifically states that there be at least two (2) occupiable stories for a principal building and if that was the technical question; the technical answer is you cannot have a principal building that is less than two (2) stories." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 2010 PAGE 22 OF 23 Mayor Bush asked, "Is there a Motion to re -open this item ?" "I WILL MAKE A MOTION TO RE- OPEN." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Discussion. Attorney Garganese suggested, "The proposal would be to add one (1) sentence to Policy 3.2.4., which reads, `The City Commission may permit principal buildings less than two (2) stories in height by Conditional Use, pursuant to the City's Land Development Regulations." Attorney Garganese added, "The Commission would have to Adopt Land Development Regulations that allows it and at that point you can establish whatever standards you want to establish for allowing a building less than two (2) stories." Furthermore, Mr. Stevenson noted, "The second phase of this would be to go back in and Amend the text of our Land Development Regulations to comply with this." Attorney Garganese commented, "The City Commission would actually have to Amend the Land Development Regulations to allow and if they Amend to allow, then there would still need to be a Conditional Use Hearing on top of that." Discussion. Mayor Bush re- opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush then closed this "Public Input" portion of the Agenda Item. "MOTION TO ADD LANGUAGE TO THE PREVIOUS `501' - TO WHAT ANTHONY (GARGANESE) HAD SAID - THE SENTENCE TO ALLOW ONE (1) STORY BASED ON CONDITIONAL USE." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ASKED ATTORNEY GARGANESE TO READ THE WORDING INTO THE RECORD TO WHICH ATTORNEY GARGANESE STATED, "THE CITY COMMISSION MAY PERMIT PRINCIPAL BUILDINGS LESS THAN TWO (2) STORIES IN HEIGHT BY CONDITIONAL USE, PURSUANT TO STANDARDS SET FORTH IN THE CITY'S LAND DEVELOPMENT REGULATIONS." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JULY 26, 2010 PAGE 23 OF 23 In other City business, Commissioner Krebs noted, "I was just wondering where we were on the - Trail, that land, the situation and the piece over where the Amphitheatre is - and where we are in that process ?" Mr. Stevenson noted, "I will contact them this week and try to put an update in Item `100'." With further comments, Mr. Stevenson added, "I will try to get an update the next couple of days..." Commissioner Krebs asked Mr. Stevenson, "...Is it possible for you to find out when they think they would get that back to us ?" Continuing, Mr. Stevenson explained, "If it pleases the Commission and the Manager, I will package it in an email rather than wait for `100'." Manager Smith stated, "Yes please." Further discussion followed on Regular Agenda Item "602" to which Mayor Bush asked Manager Smith to put out a News Release on this. Manager Smith said he would be pleased to do that but mentioned that MetroPlan Orlando had asked that all News Releases be spoken with one (1) voice. Manager Smith added, "I will ask them." Mayor Bush then mentioned that Seminole County would be Voting on this same issue Tuesday, and said, "If there is a News Release coming out, I would like to then make sure we get it out on our Website." Manager Smith stated, "Absolutely. I will be coordinating with them." Further discussion followed on sharing the City's good news related to Regular Agenda Item "602 ", and Mayor Bush suggested, "I think we could certainly say - "`Passed our Commission Five -Zero (5 -0)' ..." Commissioner Krebs recommended, "... `We are proud to announce'..." Mayor Bush then said to Manager Smith, "...You can coordinate that with them." Commissioner McGinnis and Commissioner Bonner thanked Mayor Bush for his assistance with this effort. Tape 2 /Side B Further comments. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:33 p.m. RESP .4CTFULLY SUBMITTED: Ali • ' "FRENZO- LUACES, MMC CITY, CL - 'I A PPROVED. ._, ii f T /344/4 , OR JOHN F. BUSH • NOTE: These Minutes were approved at the August 9, 2010 City Commission Regular Meeting.