Loading...
HomeMy WebLinkAbout2011 03 28 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAV, MARCH 28, 2011 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 2 OF 23 CALL TO ORDER The Regular Meeting of Monday, March 28, 2011 of the City Commission was called to Order by Mayor Charles Lacey 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 Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONAL AGENDA LNFOkMATIONAL 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: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 101. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Would Like To Make Available For Review By The City Commission The 2011 Fitch Ratings Affirmation Of The City's AA Rating On The $11.8 Million Dollars Of General Fund Revenue Bonds. FISCAL IMPACT: It Is Difficult To Assess The Exact Impact Of Such A Strong Credit Rating In The Near Future. However, In A Market Such As We Are In Today, It Is Obvious That Both Institutions And Individual Investors Still Have A Strong Appetite For Winter Springs Debt. This Was Recently Demonstrated When We Went To The Market For Funding The "Reclaimed Water Project" And Three Major Investors Step Forward And Competed For The Right To Finance The Project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 3 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Will Be Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Recommends That The City Commission Review And Accept The Information In This Agenda Item. This Agenda Item was not discussed. INFORMATIONAL 102. Not Used. INFORMATIONAL 103. Parks And Recreation Department REQUEST: Wishes To Inform The City Commission Of The Results Of A Senior Center Therapy Pool Survey. FISCAL IMPACT: None, Information Only. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff, Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Recommends That The Commission Review And Accept The Information In This Agenda Item. Commissioner Gary Bonner stated, "I just want to compliment Parks and Recreation for conducting the Survey and sharing the findings with us." Commissioner Cade Resnick also commented on the Survey and added, "I am curious on two (2) parts of it — one (1), current membership for `[20] 10-[20'] 11 is 500 members'. Is that growing and can we perhaps see how that is growing, and the second one was — even though the Survey was done, lots of non responses. Is there a way to get those responses so we can find out more on that?" Mr. Chris Caldwell Director, Parks and Recreation Department addressed Commissioner Resnick's inquiries. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 4 OF 23 City Manager Kevin L. Smith then remarked, "We will do this exercise again. We will advertise and encourage participation." INFORMATIONAL 104. Community Development Department — Planning Division And Public Works Department — Engineering Division REQUEST: Wishes To Provide The Pedestrian Plan, As Developed By The Bicycle And Pedestrian Advisory Committee (BAPAC). FISCAL IMPACT: None At This Time; The City Is In The Process Of Applying For Grants To Fund These Projects. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff, Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Requests That The Commission Review And Receive The Bicycle And Pedestrian Advisory Committee's Pedestrian Plan. The Plan Will Be A Useful Tool In Applying For Grants. The Plan Is Subject To Change, As Priority Areas Are Further Identified. Commissioner Bonner remarked, "On `104' and `105', I want to point out just some extraordinary work that has been done by one of our newest citizens Committees and Staff in identifying — a pretty comprehensive list of pedestrian and bicycle transportation improvements. It is a really nice looking list and I saw that you were pursuing some funding already for some of that, so just a compliment there." INFORMATIONAL 105. Community Development Department — Planning Division And Public Works Department — Engineering Division REQUEST: Wishes To Provide City Commission With The 2030 Bicycle Plan, As Developed By The Bicycle And Pedestrian Advisory Committee (BAPAC). FISCAL IMPACT: None At This Time; The City Is In The Process Of Examining Implementation Strategies And Funding Sources. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff, Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. The 2030 Bicycle Plan Was Adopted By The BAPAC (Bicycle And Pedestrian Advisory Committee) At Their Meeting On February 16, 2011. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 5 OF 23 RECOMMENDATION: Staff Requests That The Commission Review And Receive The Bicycle And Pedestrian Advisory Committee's 2030 Bicycle Plan. The Plan Will Be A Useful Tool In Applying For Grants. The Plan Is Subject To Change, As Priority Areas Are Further Identified. Please see the comments noted under Informational Agenda Item "104". INFORMATIONAL 106. Public Works Department REQUEST: Providing Information To The City Commission Regarding A Possible Guardrail Along S.R. (State Road) 434 Westbound Adjacent To The Choices -In -Learning Charter School Wet Detention Pond. FISCAL IMPACT: This Agenda Item Is For Information Only And Has No Fiscal Impact. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Recommends That The City Commission Review And Accept The Information In This Agenda Item. Commissioner Bonner noted, "I want to thank Engineering — Brian (Fields, P.E., City Engineer, Public Works Department) - I want to thank you for doing the research." Discussion. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The March 14, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 6 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff, Department Directors; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information; Homeowner's Associations/Representatives On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information. This Agenda Has Also Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The March 14, 2011 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 201. Utility/Public Works Department REQUEST: Requests That The City Commission Approve Resolution Number 2011-09 Recognizing The Retirement Of Utility Department Employee Don Cheney. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2011-09 Is Approved. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2011-09 In Honor Of Utility Department Employee Don Cheney And His 25 Years Of Dedicated Service To The City Of Winter Springs. No discussion. CONSENT 202. Utility/Public Works Department REQUEST: Requests That The City Commission Approve Resolution Number 2011-10 Recognizing The Retirement Of Utility Department Employee Richard Brookover. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2011-10 Is Approved. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 7 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2011-10 In Honor Of Utility Department Employee Richard Brookover And His 26 Years Of Dedicated Service To The City Of Winter Springs. There was no discussion on this Agenda Item. CONSENT 203. Public Works Department REQUEST: Requesting The City Commission Validate The Staff Recommendation Finding The Starlight Baptist Church Basketball Court Enclosure Site To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water Infrastructure For Ownership And Maintenance. FISCAL IMPACT: All Applicable Fees Associated With The Development Of The Starlight Baptist Church Basketball Enclosure Project Have Been Paid By The Owner. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Recommends That The City Commission Validate The Staff Recommendation Finding The Starlight Baptist Church Basketball Enclosure Site To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water Infrastructure For Ownership And Maintenance, Subject To Satisfactory Completion Of All Site Punchlist Items Listed Herein. No discussion. CONSENT 204. Public Works Department REQUEST: Requesting Authorization To Enter Into A Boundary Line Agreement For The Resolution Of A Boundary Line Dispute Along The Southern Boundary Of The Solary Canal Regional Stormwater Treatment Area Property. FISCAL IMPACT: The Fiscal Impact Associated With This Boundary Line Agreement Is Payment Of The Recording Fees For Recording The 12-Page Document, Which Are Estimated To Be Less Than $100 And Will Be Paid Out Of The Stormwater Fund. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 8 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff, Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Recommends The City Commission Provide Authorization To Enter Into A Boundary Line Agreement For The Resolution Of A Boundary Line Dispute Along The Southern Boundary Of The Solary Canal Regional Stormwater Treatment Area Property, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. There was no discussion on this Agenda Item. CONSENT 205. Not Used. CONSENT 206. Parks And Recreation Department REQUEST: Requesting The City Commission To Accept The Proposal (Bid) Of Bay Fireworks, LLC And Authorize The City Manager To Execute An Agreement With The Approved Proposal For A Fireworks Display On July 4, 2011. FISCAL IMPACT: Budgeted Amount - $10,000.00 Acct. # 118-54800-90100 — July 41". (Our Goal Is To Have This Entire Amount, $10,000.00 Covered By Sponsorship). COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: The Parks And Recreation Department Is Requesting The City Commission To Accept The Proposal (Bid) Of Bay Fireworks, LLC And Authorize The City Manager And City Attorney To Prepare And Execute An Agreement Based On Bay Fireworks, LLC Submitted Proposal For Fireworks Display On July 4, 2011. City Attorney Anthony A. Garganese asked that this Agenda Item be discussed as a separate Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 9 OF 23 CONSENT 207. Office Of The City Attorney REQUEST: Requests That The City Commission Provide Final Approval For The Termination Agreement, Which Terminates The City Of Oviedo/City Of Winter Springs Interlocal Agreement Relating To A Joint Economic Task Force. FISCAL IMPACT: The Fiscal Impact Will Be Nominal. There May Be A Reduction In Administrative Costs To The City In Connection With Staffing Of Certain Public Meetings Of The Joint Economic Development Task Force. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Further, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: The City Attorney's Office Recommends That The City Commission Provide Final Approval Of The Termination Agreement, Which Terminates The Interlocal Agreement. No discussion. CONSENT 208. Community Development Department - Urban Beautification Services Division REQUEST: Requesting That The City Commission Approve Change Order No. 1 To Task Assignment No. 3, In The Amount Of $10,666.00, For Continuing Services Contractor Bellomo-Herbert & Company, Inc. To Perform Additional Work Required For The Shepard Road Streetscape Project. FISCAL IMPACT: The Shepard Road Streetscape Project is funded from the CRA (Community Redevelopment Agency) RTF (Redevelopment Trust Fund) in the amount of $546,623.58, paid to the City as follows: Project Start $176,874.52 Paid To The City From RTF (Redevelopment Trust Fund) (PAID) 50% Completion $176,874.53 Paid To The City From RTF (Redevelopment Trust Fund) Completion $176,874.53 Paid To The City From RTF (Redevelopment Trust Fund) Year 1&2— Maintenance $16,000.00 Paid To The City From RTF (Redevelopment Trust Fund) TOTAL $546,623.58 Approval Of Change Order No. 1 To Task Assignment No. 3 In The Amount Of $10,666.00 Will Not Add Any Cost To The City As It Will Be Payable As Part Of The Abovementioned Funding Provided By The CRA (Community Redevelopment Agency) RTF (Redevelopment Trust Fund). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 10 OF 23 COMMUNICATION EFFORTS: 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. Further, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Recommends That The Commission Review And Approve Change Order No. 1 To Task Assignment No. 3, In The Amount Of $10,666.00, For Bellomo-Herbert & Company, Inc. to perform Additional Work Required For The Shepard Road Streetscape Project. The Change Order Is Payable From Funding In The Amount Of $546,623.58 Provided To The City From The CRA (Community Redevelopment Agency) RTF (Redevelopment Trust Fund). Also, Staff Recommends The City Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Required For This Project. This Agenda Item was not discussed. "MOTION TO APPROVE AS AMENDED." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY STATED, MOTION "TO APPROVE THE CONSENT AGENDA SAVE ITEM `206'." VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. 046 AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED AND VOTED ON SEPARATELY, AS DOCUMENTED. 04- CONSENT AGENDA CONSENT 206. Parks And Recreation Department REQUEST: Requesting The City Commission To Accept The Proposal (Bid) Of Bay Fireworks, LLC And Authorize The City Manager To Execute An Agreement With The Approved Proposal For A Fireworks Display On July 4, 2011. FISCAL IMPACT: Budgeted Amount - $10,000.00 Acct. # 118-54800-90100 — July 4m. (Our Goal Is To Have This Entire Amount, $10,000.00 Covered By Sponsorship). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 11 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff, Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: The Parks And Recreation Department Is Requesting The City Commission To Accept The Proposal (Bid) Of Bay Fireworks, LLC And Authorize The City Manager And City Attorney To Prepare And Execute An Agreement Based On Bay Fireworks, LLC Submitted Proposal For Fireworks Display On July 4, 2011. Attorney Garganese explained, `206', it indicates Award of a bid to Bay Fireworks, LLC. In the contract, that is attached to the Agenda Item, is with Pyro Engineering, Inc. I needed clarification on that point - we have a standard Fireworks Contract that we have used probably for the last eight (8) years or so that I would recommend that we use for this Contract." Manager Smith remarked, "Our recommendation and request of the Commission is that we authorize as per normal procedure, the City Attorney to prepare an appropriate Contract that meets with his liking and to give me the authority to execute it." MAYOR LACEY STATED, "SO WE ARE LOOKING FOR APPROVAL OF ITEM `206' WITH AUTHORITY TO NEGOTIATE THE CONTRACT FOR THE CITY MANAGER." MOTION TO APPROVE CONSENT AGENDA ITEM "206". MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey added, "I think we ought to note that on the Contract, the Staff did a nice job of negotiating that." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager Presentation Of Resolution Number 2011-09 Recognizing Mr. Don Cheney For His 25 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. Mayor Lacey read Resolution 2011-09 into the Record. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 12 OF 23 AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation Of Resolution Number 2011-10 Recognizing Mr. Richard Brookover For His 26 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. Resolution 2011-10 was also read into the Record by Mayor Lacey. ❖ ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE FURTHER DISCUSSED SIMULTANEOUSLY, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ABOVE ON THIS PAGE AND PAGE 11 OF THESE MINUTES. ❖ ❖ AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager Presentation Of Resolution Number 2011-09 Recognizing Mr. Don Cheney For His 25 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation Of Resolution Number 2011-10 Recognizing Mr. Richard Brookover For His 26 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. Joining Mayor Lacey for the Presentations, was the City Commission, Manager Smith, and Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department. Mr. Don Cheney and Mr. Richard Brookover were congratulated and commended for their dedicated service to the City. Next, Deputy Mayor Jean Hovey presented Certificates to Mayor Lacey and Commissioner Resnick for their attendance at a recent Institute for Elected Municipal Officials (IEMO). Mayor Lacey called a Recess at 5:32 p.m. Mayor Lacey reconvened the Regular Meeting at 5: 35 p. in. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Attorney Garganese stated, "I sent each of you a copy of the City's response in the State Court action involving Atlantic Housing so that's part A of the Atlantic Housing report. Also, part B is the fact that they filed for an expedited Preliminary Injunction Hearing in the Federal Case that was filed in the last couple of days." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 13 OF 23 Continuing, Attorney Garganese noted, "In the Stormwater case, Jones versus Winter Springs, today, my partner Debra Babb-Nutcher, presented the City's Motion For Summary Judgment in front of the Court. The Court took the City's Motion under advisement and we will wait to see how the Court rules on that Motion." Attorney Garganese added that the Mayor and City Commission could contact him should they have any questions. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith introduced the City's new Planner, Mr. Bobby Howell to the Mayor and City Commission. Mr. Bobby Howell, AICP, Planner, Community Development Department briefly addressed the City Commission. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat Three — The Honorable Gary Bonner No Report. REPORTS 404. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Resnick mentioned that he recently went on a "Capital Connection" trip and he met briefly with the Lieutenant Governor who mentioned that we could "Contact them for any Economic Development needs that we might have." Commissioner Resnick mentioned that he had given Manager Smith the Lieutenant Governor's business card. Secondly, Commissioner Resnick thanked Chief Brunelle for his "Ride Along". REPORTS 405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs said to Manager Smith, "It may have not been during your period of time up here, but at one time, we had discussed some issues with permitting and scheduling and the time that one must have to wait." Continuing, Commissioner Krebs explained that residents are told an inspection will take place on a certain day, but a shorter, more specific window is not given." Commissioner Krebs added, "I know there has got to be a better way and I hope the Commissioners would support this." CITY OF WINTER SPRINGS, FLORDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 14 OF 23 No objections were voiced. Manager Smith stated, "I agree and we will incorporate that into our process improvements and report back to YOU." REPORTS 406. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey stated, "Some kudos to the Police — as we all know, they have been real pioneers in community policing efforts." It wasn't just that they caught three (3) car burglary suspects but I think it shows that the involvement of the community that this Police Department pursues was key to that apprehension. And I think it is great kudos to you Chief and your entire staff. Thank you." Next, Mayor Lacey mentioned that Seminole County "Approved the Engineering Agreement with CSX (Corporation) at their meeting this past Tuesday. So, we should be on a fairly quick path to getting that railroad crossing design now, and theoretically built." Regarding Tri-County League of Cities Meetings being held on the same day as the Oviedo -Winter Springs Regional Chamber of Commerce monthly Luncheons, Mayor Lacey advised that the Oviedo -Winter Springs Regional Chamber of Commerce has agreed to move their monthly Luncheons to the first Thursday in each month, commencing with the May 2011 Luncheon meeting. (The location has not quite been confirmed). Mayor Lacey then spoke of the recent football game in which the Winter Springs Police Department defeated the City of Oviedo. Commissioner Krebs complemented Mayor Lacey for his related efforts. Continuing, Mayor Lacey noted that the Tri-County League of Cities Traveling Trophy went to the City of Longwood last week. Lastly, Mayor Lacey commented that the Tri-County League of Cities is holding a training session this coming Saturday on "Effective Advisory Boards And Committees" and said, "I wonder if we have any plans to communicate to our Boards that they are invited to go to that meeting?" With further comments, Commissioner Krebs added, "Everybody, if they have an opportunity, should go." Mayor Lacey said to Manager Smith, "Can we maybe communicate that to our Board Members; let them know the opportunity is there." No objections by the City Commission were voiced. Manager Smith responded, "Certainly Mayor." REPORTS 407. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey congratulated the Winter Springs Police Department and the Mayor on their successes this past weekend. Secondly, Deputy Mayor Hovey thanked the City and Mr. Caldwell for assisting her PTA (Parent -Teachers Association) colleagues with parking at Central Winds Park. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE IS OF 23 REPORTS 408. Office Of Commissioner Seat Two — The Honorable Rick Brown No Report. PUBLIC INPUT Ms. Lisa Stewart, 103 St. Johns Landing Drive, Winter Springs, Florida: commented on a Meritage community near the one that she lived in, in Aurora, Colorado and noted that there were no problems with that development. Ms. Stewart then commented on the fountain near the Winter Springs Town Center in relation to this new planned Meritage (Homes of Florida, Inc.) community; and asked if the decibel level of high school events might affect this new Winter Springs Meritage (Homes of Florida, Inc.) community. Mr. Bill Dehlinger, 1601 Tiverton Street, Winter Springs, Florida: offered his compliments about the City's new Economic Development brochure. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Requests The City Commission Review The Information Presented In This Agenda Item And Consider Four (4) Requests For The Proposed Winter Springs Village: (1) The Special Exception Requests, (2) The Final Engineering/Subdivision Plans, (3) The Aesthetic Review Drawings, And (4) The Development Agreement, Which Will Incorporate The Requested Code Deviations If They Are Approved As Part Of The Special Exception Requests. FISCAL IMPACT: An Economic Impact Analysis Is Included With This Agenda Item As Attachment G. The City's Finance Director Has Reviewed This Analysis And, Based Upon The Information Provided, Is Of The Opinion That This Project Will Yield A Positive Economic Impact On The City Of Winter Springs. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff, Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 16 OF 23 In Addition To The Communication Efforts Outlined Above: A Substantial And Conspicuous Sign Has Been Erected At The Site To Notice The Public Hearing And Property Owners Within 150 Feet Of The Site Have Been Notified By Mail In Addition To The Postings By The City Clerk's Office. All Previous Meetings Relating To The Project Have Been Advertised In Accordance With City Policy Including The Concept Plan Approval And The Early Work Permit. Both The Applicant And The City Have Had Several Meetings With The Adjacent Developments Of Tuskawilla Trace And St. John's Landing, Both The HOA Representatives As Well As Individual Homeowners. These Meetings Have Resulted In The Addition Of Several Elements To The Plans As Well As Accommodations To Create A Transition Area Adjacent To The St. John's Landing Development. RECOMMENDATION: Staff Recommends That The City Commission Act On The Requests For The Winter Springs Village Development As Follows: 1. Approve The Requested Special Exceptions/Deviations As Detailed In This Agenda Item. All Approved Special Exceptions/Deviations Will Be Memorialized In The Development Agreement. 2. Approve The Aesthetic Review For The Project As Outlined In This Agenda Item. This Approval Would Include The New Estate Homes On The 75-Foot Lots, Recognizing That These Units Are Not True TND Products But Represent Part Of The Makeup For The "Transition Area" At The Edge Of The Town Center District And, In This Case, Adjacent To The St. John's Landing Subdivision. 3. Approve The Final Engineering Plans And Minor Modifications To The Concept Plan That Were The Results Of Negotiations With The St. John's Landing HOA And Authorize The City Manager And City Staff To Work With The Developer To Incorporate Those Modifications Into The Final Engineering Plans. Approve The Development Agreement And Authorize The City Attorney And City Manager To Finalize The Document For Execution And Recordation. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and referred to a presentation. Continuing, Mr. Stevenson shared with the Mayor and City Commission, "There are four (4) requests that are being brought to you here tonight — the first is any Special Exceptions that have been to Planning and Zoning (Board/Local Planning Agency)." Further comments. Continuing, Mr. Stevenson explained, "Let me get back to the deviations if I might — the first one will be the rear - loaded alleys for the fifty foot (50) lots as you can see; and the second one will be the garage setbacks to be twenty feet (20') from the front of the porch, rather than the principal plane of the structure. The third deviation is the curve radii. They are some curve radii in here that are forty feet, (40% twenty-five feet (25% and twenty-two feet (22). They exceed the fifteen feet (15) in our Town Center because of primarily — health/safety reasons because we still have to get fire trucks in to this particular development, so that is the reason for that deviation. The fourth deviation request is for the floor height. If we go back to the plan, we're requesting a deviation from the twenty-four inch (24') raised finished floor for just these units right here, just the seventy-five foot (75') lots." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 28, 2011 PAGE 17 OF 23 Discussion followed on the Aesthetic Review and Elevations. Related to the Concept Plan and Engineering, Mr. Stevenson remarked, "Staff is requesting, if the Commission so desires to allow us to work out the final details on a couple of these items. It has been determined that the modifications to accommodate these changes are minor in nature and not substantial and therefore Staff would humbly request that you allow — us to work on these modifications with the Applicant and finalize this Final Engineering to incorporate not only what I have talked to you about, but also the deviations, if you should so approve those tonight. And then finally, the Development Agreement would also have to include that particular information before you; so, we're also asking that you authorize the City Manager and City Attorney to finalize the Development Agreement by incorporation of the deviations, if you Approve those tonight, as part of the Special Exception request." Discussion followed on the Mews being donated to the City as public space. Tape l/Side B Mr. Dan O'Keefe, Esquire, Partner, Shutts & Bowen LLP, 300 Orange Avenue, Suite 1000, Orlando, Florida: briefly addressed the City Commission on behalf of Meritage (Homes of Florida, Inc.) and asked that the Application be Approved. Mayor Lacey opened the "Public Input" portion of the Agenda Item. Mr. Marc Batchelor, 200 Torcaso Court, Winter Springs, Florida: representing the St. Johns Landing HOA (Homeowner's Association), Mr. Batchelor thanked Staff and some of St. Johns Landing residents for working with Staff, and then remarked, "I would like to express the Homeowners Associations' support for the plan contingent upon finalization of our Memorandum of Understanding." Mr. David Bowen, 105 St. Johns Landing, Winter Springs, Florida: thanked the City Commission for meeting with them; mentioned comments from a Planning and Zoning Board/Local Planning Agency Member; remarked that they appreciate the addition of transitional homes; and hoped that the tree line along Tuskawilla Road is retained. Mr. Mike Cannel, 221 Torcaso Court, Winter Springs, Florida: thanked Commissioner Bonner for meeting with him and Mr. Fields for answering his inquiries; and also noted his appreciation to Mr. Stevenson, Mr. Jeff Porter, and Mayor Lacey. Mr. Cannel also noted that he was pleased that the Townhomes were not going to be built. Mayor Lacey closed the "Public Input" portion of the Agenda Item. Mr. Stevenson restated the request before the City Commission as "The garage setbacks - on the larger lots, no rear -loaded garages; the curve radii; and the first floor residential height. We need to possibly discuss one other issue here tonight that has been brought up by the residents. I want to make sure there is no misunderstanding. As it stands at this point, the parallel parking is still in the Plan, so I need to know how we want to proceed on the parallel parking on Tuskawilla (Road)." Commissioner Bonner asked about some Specimen trees. Discussion. Furthermore, Commissioner Bonner added, "Just wanted to be clear that we have done everything that we can to preserve as many of the trees as possible." Mr. Stevenson stated, "In keeping with the Code. Yes." Commissioner Bonner then reiterated, "Parallel parking and save as many trees as possible." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 18 OF 23 "I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT AS PRESENTED, THIS ITEM TONIGHT." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE COMMENTED ON THE MOTION AND STATED, "I JUST NEED CLARIFICATION ON `AS PRESENTED', BECAUSE RANDY (STEVENSON) ASKED FOR A CERTAIN AMOUNT OF AUTHORHTY FOR THE CITY MANAGER AND CITY ATTORNEY TO WORK THE FINAL DETAILS OF THE FINAL ENGINEERING, AS WELL AS FINAL DETAILS OF THE DEVELOPMENT AGREEMENT WHICH IS ABOUT NINETY-EIGHT PERCENT (98%) COMPLETE..." COMMISSIONER KREBS SAID, "...CORRECT. AND THE EXCEPTIONS LISTED, THE FOUR (4) EXCEPTIONS..." ATTORNEY GARGANESE ADDED, "...RIGHT. THOSE ARE ALL LISTED AND THEY HAVE BEEN ADVERTISED AND HEARD BY THE P AND Z (PLANNING AND ZONING BOARD/[LOCAL PLANNING AGENCY]) SO THAT IS INCLUDED IN THE STAFF REPORT; BUT WHAT WAS PRESENTED WERE THOSE TWO (2) OTHER POINTS..." ATTORNEY GARGANESE CONTINUED, "...ADDITIONAL AUTHORITY TO COMPLETE THE FINAL ENGINEERING PLANS AND THE DEVELOPMENT AGREEMENT..." COMMISSIONER KREBS REMARKED, "...EXACTLY AS PRESENTED, AND THOSE TWO (2)..." ATTORNEY GARGANESE ALSO NOTED, "...AS PRESENTED BY MR. STEVENSON.- COMMISSIONER BROWN RECONFH1MED HIS SECOND. DISCUSSION. MAYOR LACEY RESTATED THE MOTION AS "APPROVE THE FOUR (4) REQUESTED ITEMS IN THE AGENDA PACKET WITH DELEGATION OF AUTHORITY TO THE CITY MANAGER TO PREPARE THE FINAL ENGINEERING AND THE DEVELOPMENT AGREEMENT." DISCUSSION FOLLOWED ON THE NEED FOR PARALLEL PARKING, OAK TREES BEING ADDED, AND PARKING SPACE COUNTS. DISCUSSION. Mr. Jed`' Porter, Meritage Homes, 5337 Millenia Lakes Boulevard, Orlando, Florida: addressed the City Commission and stated, "Unusual for me to speak, kind of on behalf of the HOA (Homeowner's Association), it's kind of an integrity issue because we've had numerous discussions with them as a group and always part of the negotiation has always been talking about the parallel parking being a significant issue to them." DISCUSSION FOLLOWED ON PARKING. COMMISSIONER BONNER ASKED, "WOULD THERE STILL BE OPPORTUNITY FOR THAT ISSUE, THIS PARTICULAR ISSUE, TO COME BACK BEFORE US AS A SUBSEQUENT QUESTION DURING THE DEVELOPMENT PROCESS? IS THERE STILL TIME FOR THAT TO BE ADDRESSED OUTSIDE OF THE BOUNDS OF THIS PARTICULAR SET OF APPROVALS FOR YET ANOTHER VARIANCE REQUEST; SHOULD IT BE DETERMINED BETWEEN THE APPLICANT AND THE RESIDENTS IF THAT WOULD BE SOMETHING THEY WANT TO BRING BEFORE US? IS THERE TIME LATER TO HEAR ON THAT MATTER AND STILL MOVE THE PROJECT ALONG?" ATTORNEY GARGANESE NOTED, "RIGHT NOW, THE PROPOSAL IS TO HAVE THE PARALLEL PARKING." CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 19 OF 23 FURTHER COMMENTS. MR FIELDS STATED, "MAY I SUGGEST ON THAT, IF THAT'S STILL IS AN ISSUE OF CONCERN, THAT THAT ONE PARTICULAR AREA BE EXTRACTED FROM THE FINAL ENGINEERING AND THAT WAY MERITAGE CAN PROCEED WITH ALL OTHER ASPECTS OF THEIR PROJECT, THEY CAN MOVE FORWARD. ONCE WE'VE SEEN THE FINAL ENGINEERING FOR THAT FRONTAGE, WE CAN COME BACK TO YOU WITH SOME MORE INFORMATION ABOUT WHAT CAN BE PRESERVED TREEWISE AND TO GIVE YOU ANOTHER SHOT AT IT." MAYOR LACEY REITERATED THE MOTION SAYING, "TO APPROVE THE FOUR (4) REQUESTS, ONE FOR SPECIAL EXCEPTIONS, AS LAID OUT IN THE AGENDA ITEM, FINAL ENGINEERING, AESTHETIC REVIEW, AND THE DEVELOPMENT AGREEMENT." MAYOR LACEY ADDED THAT THE MOTION ALSO INCLUDED, "TO DELEGATE TO THE CITY MANAGER TO MAKE THE FINAL ADJUSTMENTS TO THE FINAL ENGINEERING PLAN AND TO PREPARE THE DEVELOPMENT AGREEMENT." ATTORNEY GARGANESE ADDED, "FINALIZE THE DEVELOPMENT AGREEMENT." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. 00 AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. 00 REGULAR AGENDA REGULAR 603. Community Development Department — Planning Division REQUEST: Requests That The City Commission Approve The Proposed 4 Parcel Plat And Authorize The City Attorney To Finalize All Required Documents. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Recommends That The City Commission Approve The 4 Parcel Plat And Authorize The City Attorney To Finalize All Required Documents. Mr. Stevenson introduced this Agenda Item for discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 20 OF 23 "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 600. Community Development Department — Planning Division And Public Works Department Along With The Bicycle And Pedestrian Advisory Committee (BAPAC) REQUEST: Requests The City Commission Approve Resolution 2011-08 Amending The Capital Improvements Program For FY (Fiscal Year) 2010/[20'111 Thru FY (Fiscal Year) 2015/[20'116. FISCAL IMPACT: None At This Time; The City Is In The Process Of Applying For Grants To Fund These Projects. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff, Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Recommends That The City Commission Approve Resolution 2011-08 Which Amends The City's Capital Improvements Program For FY 2010/[20']11 Thru FY 2015/[20']16, To Include Bicycle And Pedestrian Projects Not Previously Identified At The Time Of The CIP (Capital Improvements Program) Adoption In September, And To Allow The City To Better Compete For Grant Funding For These Projects. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. "MOTION TO APPROVE" (RESOLUTION 2011-08). MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 21 OF 23 REGULAR 601. Community Development Department REQUEST: Requests The Commission Consider The Proposed Development Agreement Modification To Allow The Pedestrian Ramp To The Gazebo In Heritage Park Entrance Area To Be Removed And The Gazebo Made To Function Only As A Decorative Feature. FISCAL IMPACT: The Proposed Modifications To Both The DA (Development Agreement) And The Structure Should Have No Fiscal Impact Upon The City, But Is Anticipated To Limit The Liability Of The HOA (Homeowner's Association). COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Recommends That The City Commission Approve The Requested Modification And Authorize The City Manager And City Attorney To Draft The Development Agreement Modification For Execution By The Mayor. Mr. Stevenson began the discussion on this Agenda Item. With further comments, Mr. Stevenson explained, "What we are asking for tonight is to Approve a modification to authorize the City Manager and the City Attorney to draft the Development Agreement Modification and executed by the Mayor; and that would be to eliminate that pedestrian access and to clean that area up and to allow this to be an entry feature that has no access to the back side of it." "MOTION TO DO WHAT RANDY (STEVENSON) JUST SAID." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR 602. Finance And Administrative Services Department REQUEST: The City Manager Is Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR) As Presented For The Fiscal Year Ended September 30, 2010. FISCAL IMPACT: None. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 28, 2011 PAGE 22 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representative Who Have Requested Agendas/Agenda Item Information, All Homeowner's Association On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. Furthermore, Within A Week Of Acceptance, The 2010 CAFR (Comprehensive Annual Financial Report) Will Be Posted To The City's Website Within The Finance And Administrative Services Section For Budget And Financial Documents Along With Prior Year CAFR (Comprehensive Annual Financial Report). RECOMMENDATION: It Is Recommended That The Commission Accept The Comprehensive Annual Financial Report (CAFR) As Presented For The Fiscal Year Ended September 30, 2010. Mr. Shawn Boyle, Director, Finance and Administrative Services Department opened the discussion on this Agenda Item. Ms. Kelly Leary, CPA, McDirmit Davis & Company, LLC 605 East Robinson Street, Suite 635, Orlando, Florida: spoke on the completed Audit and the different levels of Opinions, and that the City had received the best Opinion. Mayor Lacey and Members of the City Commission thanked Ms. Leary. Mr. Boyle commented on the financials and stated, "I want to thank Donna Borrelli. This is her first year of doing the CAFR (Comprehensive Annual Financial Report)." Mr. Boyle added that Donna Borrelli, "Did a wonderful job." Continuing, Mr. Boyle spoke on issues that affected the Budget, changes that Staff had assisted with, and a profit of fourteen thousand dollars ($14,000.00). With discussion, Mayor Lacey pointed out, "The benefit to the citizens of our conservative policy of fiscal management can be quantified at 1.7 million dollars ($1,700,000.00)." In other City business, Commissioner Krebs commented on the Town Center and mentioned that Wetlands Park and some other pocket parks were to be included in the Town Center project. Tape 2/Side A 0d.* AGENDA NOTE: REGULAR AGENDA ITEM "602" WAS FURTHER ADDRESSED, AS DOCUMENTED NEXT. 0 41 REGULAR AGENDA REGULAR 602. Finance And Administrative Services Department REQUEST: The City Manager Is Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR) As Presented For The Fiscal Year Ended September 30, 2010. FISCAL IMPACT: None. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 28, 2011 PAGE 23 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representative Who Have Requested Agendas/Agenda Item Information, All Homeowner's Association On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. Furthermore, Within A Week Of Acceptance, The 2010 CAFR (Comprehensive Annual Financial Report) Will Be Posted To The City's Website Within The Finance And Administrative Services Section For Budget And Financial Documents Along With Prior Year CAFR (Comprehensive Annual Financial Report). RECOMMENDATION: It Is Recommended That The Commission Accept The Comprehensive Annual Financial Report (CAFR) As Presented For The Fiscal Year Ended September 30, 2010. Manager Smith suggested that a Motion be made to Approve Regular Agenda Item "602" and the CAFR (Comprehensive Annual Financial Report). "SO MOVED." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY ADDED, MOTION TO "ACCEPT THE CAFR (COMPREHENSIVE ANNUAL FINANCIAL REPORT) REPORT." VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:52 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the , 2011 City Commission Regular Meeting. CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2011 PAGE 23 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representative Who Have Requested Agendas/Agenda Item Information, All Homeowner's Association On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. Furthermore, Within A Week Of Acceptance, The 2010 CAFR (Comprehensive Annual Financial Report) Will Be Posted To The City's Website Within The Finance And Administrative Services Section For Budget And Financial Documents Along With Prior Year CAFR (Comprehensive Annual Financial Report). RECOMMENDATION: It Is Recommended That The Commission Accept The Comprehensive Annual Financial Report (CAFR) As Presented For The Fiscal Year Ended September 30, 2010. Manager Smith suggested that a Motion be made to Approve Regular Agenda Item "602" and the CAFR (Comprehensive Annual Financial Report). "SO MOVED." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY ADDED, MOTION TO "ACCEPT THE CAFR (COMPREHENSIVE ANNUAL FINANCIAL REPORT) REPORT." VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMNIISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:52 p.m. APPROVED: - IaI. ORt ly Y NOTE These .Minutes were approved at the April 11, 2011 City Commission Regular Meeting.