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HomeMy WebLinkAbout_2012 06 25 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JUNE 25, 2012 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Vacant — Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 2 OF 21 CALL TO ORDER The Regular Meeting of Monday, June 25, 2012 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 Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, absent Assistant City Attorney Kate Latorre, present City Clerk Andrea Lorenzo-Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department - Planning Division REQUEST: Community Development Department is 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 electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 3 OF 21 INFORMATIONAL 101. Finance and Administrative Services Department REQUEST: The Finance Department and the City Manager are pleased to announce that the City of Winter Springs has received the Distinguished Budget Presentation Award for its FY 2012 Budget document. FISCAL IMPACT: The award program application fee for the Distinguished Budget Award is approximately $350. This cost is routinely budgeted in Finance and Administrative Services (1300 division). COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Police Department REQUEST: The Police Department requests Commission approval to retire K-9 "Rico" after his many years of dedicated service to the city and its residents. We also request consent to transfer ownership to his handler, Cpl. Robert Fugate. The department requests the Commission approve the City Manager and City Attorney to execute any and all documents related to this item. FISCAL IMPACT: There will be no fiscal impact on the city for allowing the K-9 to retire with his handler as the handler has agreed and will assume responsibility of all care and feeding of K-9 Rico going forward. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 4 OF 21 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Police Department recommends the Commission approve the retirement and transfer of ownership of canine "Rico" to Corporal Fugate and authorize the City Manager to execute and approve all documents associated with this item. This Agenda Item was not discussed. CONSENT 201. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve the request of Yanette Niezes to remove one (1) specimen live oak tree from her residence at 312 Cello Circle. The resident is concerned about damage the tree has caused to her walkway and driveway, and future damage the tree may cause. FISCAL IMPACT: If this request is approved, the applicant will pay a $25.00 arbor permit fee. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 5 OF 21 RECOMMENDATION: Staff recommends that the City Commission approve the request of Ms. Niezes to remove one (1) specimen live oak tree from her residence located at 312 Cello Circle. Staff is recommending approval due to the proximity of the tree to the home and the driveway, damage caused to the walkway and driveway, and the potential that this tree will cause further damage to the home because of its size and location of its root system. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5-8(b) of the Arbor Ordinance. No discussion. CONSENT 202. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Services Division, is requesting that the City Commission review and approve a Neighborhood Street Sign and Light Improvement Agreement with Meritage Homes for the Winter Springs Village Subdivision. FISCAL IMPACT: Street lights installed to service public roads within the Winter Springs Village Subdivision will impact the General Fund by $14,522 (at the current base rate of $13.91 per pole). This amount represents a recurring expense and will vary based upon the base rates as established by Progress Energy. Phase 1 has 49 street lights planned and Phase 2 has 38 street lights planned, for a total of 87. The street light expenditure will be offset by tax revenue generated from homes added to this subdivision; however, not all homes will yield tax revenue in the same fiscal year as the expense occurs, based on when specific homes are purchased and added to the tax rolls by Seminole County. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission review and approve the Neighborhood Street Sign and Light Improvement Agreement (Attachment 'A') for the Winter Springs Village Subdivision and approve the City Manager and City Attorney to draft and execute the final agreement. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 6 OF 21 CONSENT 203. Parks and Recreation Department REQUEST: Parks and Recreation Department requests the City Commission rescind their previous approval of a one- year extension to the Orlando Sentinel Agreement for Community Events' Marketing and Sponsorship Procurement. FISCAL IMPACT: Relative to funding for our July, 2012 Celebration of Freedom Event, staff has already obtained $14,000 in revenue (without assistance from the Orlando Sentinel ) to cover $19,875 in projected expenses for this event. The projected expenses are inclusive of the cost of Fireworks and exclusive of the cost for public safety. Staff is working diligently to procure additional sources of revenue and reduce expenses for this event in order to make it "revenue neutral." COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Parks and Recreation Department recommends the City Commission rescind their previous approval of a one-year extension to the Orlando Sentinel Agreement for Community Events' Marketing and Sponsorship Procurement. No discussion. CONSENT 204. Public Works Department REQUEST: The Public Works Department Requesting the City Commission validate the Staff recommendation finding the Greens at Tuscawilla sitework to be built in substantial accordance with the Final Engineering plans and to accept the public infrastructure for ownership and maintenance, subject to satisfactory completion of the remaining open punchlist items FISCAL IMPACT: There is no fiscal impact associated with this site acceptance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 7 OF 21 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission validate the Staff recommendation finding the Greens at Tuscawilla sitework to be built in substantial accordance with the approved Final Engineering plans, subject to completion of all open punchlist items as noted on Exhibit A, and to accept the public infrastructure for ownership and maintenance. This Agenda Item was not discussed. CONSENT 205. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 8 OF 21 CONSENT 206. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, June 11, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the Monday, May 14, 2012 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MANAGER SMITH NOTED, "IF THE COMMISSION IS OF THE MINDSET TO APPROVE CONSENT `205% MAY I RESPECTFULLY ASK THAT THAT MOTION INCLUDE AN AMENDMENT TO `205', WHICH IS SURPLUS ASSETS, TO REMOVE AN OFFICE DESK." DISCUSSION. MAYOR LACEY ASKED, "IS THERE A MOTION TO APPROVE WITH THE CHANGE SUGGESTED BY THE MANAGER?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED THE MOTION ON THE FLOOR WAS "TO APPROVE THE CONSENT AGENDA WITH ITEM `205' MODIFIED TO REMOVE THE OFFICE DESK FROM THE LIST." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 9 OF 21 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Office Of The Chief Of Police REQUEST: Presenting an Award offering our thanks and appreciation from the City of Winter Springs to K-9 "Rico" in honor of his retirement. Chief of Police Kevin Brunelle then presented a plaque to "Rico' of the Police Department in honor of his selfless and dedicated efforts to the City of Winter Springs. Mayor Lacey recognized former Mayor Paul P. Partyka and Seminole County Public Schools Chairman of the School Board, Dr. Tina Calderone who were present. REPORTS REPORTS 400. Office of the City Attorney — Anthony A. Garganese, Esquire Assistant City Attorney Kate Latorre stated, "No Report". REPORTS 401. Office of the City Manager — Kevin L. Smith City Manager Kevin L. Smith stated, "The plan is to have you all the FY (Fiscal Year) 2013 proposed Budget in your dropboxes by this Friday." REPORTS 402. Office of the City Clerk —Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Office of Commissioner Seat Two — The Honorable Rick Brown Commissioner Rick Brown mentioned his schedule. REPORTS 404. Office of Commissioner Seat Three - Vacant CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 10 OF 21 REPORTS 405. Office of Commissioner Seat Four — The Honorable Cade Resnick No Report. REPORTS 406. Office of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs stated that she want to "Thank all of those who sent in their applications for Seat Three. It will be a tough choice tonight." Commissioner Krebs added, "Really appreciate you wanting to step up to the plate" and noted an Election was scheduled for this November. REPORTS 407. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey remarked that Dr. Michael Blasewitz has been recommended for the position of Executive Director of Secondary Education and so we will be looking for a new Principal of Winter Springs High School. REPORTS 408. Office of Commissioner Seat One - The Honorable Jean Hovey Commissioner Jean Hovey mentioned she agreed with what Commissioner Krebs said about the eight (8) interested Applicants for Seat Three. PUBLIC INPUT Mayor Lacey spoke of the procedures related to Public Input and noted, "I would suggest anyone here who is for item `602', if you want to speak, either on your behalf or on behalf of someone else for the Seat Three position that Commissioner Krebs and Commissioner Hovey referred to, Public Input would be an opportunity not to be missed, because there is no guarantee that there will be other opportunities later on in the proceeding. It is up to the will of the Commission. So, I would suggest if you have something to say on your behalf or others, go ahead and avail yourself of this opportunity." Mr. Bob Henderson, 635 White This Court, Winter Springs, Florida: spoke in favor of Ms. Pamela Carroll as an Applicant for the Commission Seat Three opening. Mr. Gary Brook, 631 Wood Duck Drive, Winter Springs, Florida: also spoke for Ms. Pamela Carroll as an Applicant for the Commission Seat Three opening. Mr. Matt Weber, 217 Stratford Drive, Winter Springs, Florida: commented on his background and beliefs as an Applicant for the Commission Seat Three opening. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 11 OF 21 Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: spoke in favor of Ms. S. Avery Smith as an Applicant for the Commission Seat Three opening. Additionally, Mr. Calle spoke on tax dollars being used for the benefit for the City and not for one particular group of citizens and commented on the Motion that was made related to the Units 12/12A Wall and other interpretations of the Motion. Commissioner Brown said to City Clerk Andrea Lorenzo-Luaces, "I know at the last meeting, there was some discussion about whether my Motion was vague or not, that we Voted on and passed, with regard to the wall. Mr. Calle just articulated that Motion exactly the way that I intended it, so before the next meeting, could you please print the verbatim transcript from that discussion that night, when I made that Motion, so that we have it for the next meeting?" City Clerk Lorenzo-Luaces stated, "Of course." Commissioner Krebs said to Commissioner Brown, "You might also want what we said at the last meeting where we felt we understood your Motion." Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: addressed the Mayor and City Commission on Public Hearings Agenda Item "500" and said that while reviewing the Agenda Item he noticed reference to "allowing multi -family residential in the C-1 neighborhood commercial zoning district", and inquired, "Am I going to be afforded the same thing on my piece of property being that I am one (1) block away, or in that District?" Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "As I understand Mr. Grogan's question, he is concerned, whether or not we would allow him to put residential possibly on top of his existing building? He submits an Application. It would be considered as a `Conditional Use', just as this one will. We would certainly have to review the structure of that building to make sure it could support that." Mr. Grogan asked about the process and if an Application and Fee would be required; and also noted he was in favor of this proposed project. Mr. Jim Pitts, 904 Augusta National Boulevard, Winter Springs, Florida: remarked about his support for Ms. Pamela Carroll as an Applicant for the Commission Seat Three opening. Ms. Kay Stelling, 864 Little Bend Road, Altamonte Springs, Florida: spoke in favor of Mr. Matt Weber as an Applicant for the Commission Seat Three opening. Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, Florida: commented in favor of Mr. Jim Stanley as an Applicant for the Commission Seat Three opening. Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: commented on her background and other related information as an Applicant for the Commission Seat Three opening. Mr. Richard Turkiewicz, 841 Bentley Green Circle, Winter Springs, Florida: commented on his background as an Applicant for the Commission Seat Three opening. Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: noted her support for Ms. Pamela Carroll as an Applicant for the Commission Seat Three opening. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 12 OF 21 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the approval of a Conditional Use for the Moss Park Apartments mixed -use area, located on the north side of SR 434, east of the intersection of Moss Road and SR 434 to allow multi -family residential in the C-1 (Neighborhood Commercial) zoning district. The subject property is a portion of the former Saratoga Condominium project. FISCAL IMPACT: The approval of a Conditional Use for Moss Park Apartments is anticipated to create a positive fiscal impact which will allow the development of the mixed -use center with the multi -family residential component. Development of the mixed -use center is anticipated to create jobs and add taxable value to the City. Apartments (15 units Income approach: $601,330 assessed tax value $601,330/1000 = 601.33 601.33(2.5600) = $1,539.40 $1,539.40 (less the 4% statutory discount) _ $1,477.82 tax revenue Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel 100/1000 = 0.1 0.1 x 2.5600 = 0.256 Total Potential Tax Revenue: (1477.82 + 0.256=1478.08) Retail (6,000 square feet) Units (6,000 square feet) assessed at $90/square foot: (6,000 x 90 = 540,000) $540,000/1000 = 540.00 540(2.5600) = $1382.40 $1,382.40 (less the 4% statutory discount) _ $100 assessed tax value $0.256 tax revenue $1,478.08 $540,000.00 assessed tax value $1327.10 tax revenue Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel 100/1000 = 0.1 0.1 x 2.5600 = 0.256 Total Potential Tax Revenue: (1327.10 + 0.256=1327.36) Total taxable value for entire site: (1478.08 + 1327.36 = 2805.44) $100 assessed tax value $0.256 tax revenue $1,327.36 $2,805.44 total CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 13 OF 21 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. A yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff recommends the City Commission approve the conditional use application to permit multi -family residential use on the subject C-1 properly pursuant to section 20-234 (5) of the City Code, subject to the following binding conditions: The multi -family use shall be incorporated into a mixed use project as follows: There shall be a minimum of eight (8) and a maximum of fifteen (15) dwelling units. There shall be a minimum of 6000 square feet of commercial retail space located on the ground floor. There shall be minimum on -site parking equivalent to two (2) spaces per dwelling unit, and five (5) spaces per 1000 square feet of commercial space. The conditional use shall be subject to expiration pursuant to section 20-36 of the City Code which states that Conditional Use approvals "shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the city within said time period." Mr. Bobby Howell, AICP, Planner, Community Development Department began the discussion of this Agenda Item with references to a parking plan in the Agenda Item, while outlining portions of the Agenda Item and its recommendations. Commissioner Krebs asked "How many parking spaces would you remove for a play area?" Mr. Howell responded, "The State Law says basically each child is required to have forty-five (45) square feet of open space." Continuing, Mr. Howell said this did not include children under one (1) year of age and then Mr. Howell went through some of the numbers and mentioned an alternative to removing spaces which involved adding some padding over some spaces. Commissioner Cade Resnick commented on safety and parking concerns. A proposed Waiver was addressed next, to which Mr. Howell stated, "He will be coming forward with a Waiver Application at the July 11"', (2012) P and Z (Planning and Zoning Board/Local Planning Agency) meeting, and then, you will see that at the July 23`d, (2102) City Commission meeting as well." Commissioner Krebs noted, "So, we are expecting the residents will be parking out in front and not behind as was mentioned at the last meeting?" Mr. Stevenson explained, "We have talked to the Applicant and I think there is a point in time that hopefully these places will become popular again; they will be small but we've talked about reserving the spaces, at least a minimum of one (1) per unit that would be available for those residents at any time and would not be available for the commercial parking..." Mr. Stevenson added, "...On site, yes. Probably be to the eastern portion of the site there." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 25, 2012 PAGE 14 OF 21 Commissioner Krebs spoke of the one resident unit on the bottom to which Mr. Stevenson explained this was related to "ADA (Americans with Disabilities Act) compliance — and as in most residences, they allow those people with disabilities that can't negotiate stairs, to be on the ground floor. The ground floor unit there was to allow them to meet the ADA (Americans with Disabilities Act) requirements for this particular site; in addition to the units that they have on the site to the north." Continuing, Commissioner Krebs commented to Mr. Stevenson, "Why can't all the apartments meet the ADA (Americans with Disabilities Act) requirement on this site?" Mr. Stevenson asked if Commissioner Krebs was referring to installing an elevator and Commissioner Krebs confirmed this. Mr. Stevenson then spoke of costs and space related to an elevator. Commissioner Krebs mentioned, "This is not only an Exception Use, this is a new type Use for Winter Springs — commercial or retail on the bottom and residential on the top." Furthermore, Commissioner Krebs noted, "It just seems to me that we are cutting out a certain group of people and we're making it okay by just having one (1) on the bottom. So, I am not really happy with that." Mr. Stevenson said to Commissioner Krebs, "You are talking about the mixed use over in Building 4 in the Town Center I believe? That is our other `Mixed Use' building in the area and I believe it does have an elevator." Commissioner Krebs said, "It does. I think it would be the perfect place to have an elevator because I think it would be the perfect place for anybody with any kind of handicap, to be able to utilize that. They run a bus line so naturally if they can't drive, they certainly can — get themselves out to the bus stop." Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one addressed the City Commission on this Agenda Item. Mayor Lacey closed the "Public Input" portion of the Agenda Item. Commissioner Brown asked if there was an elevator in the residential units in the Town Center and mentioned, "It is not really setting precedent." Tape 1/Side B Further comments followed. Mayor Lacey asked if the City Commission wanted to Approve this Agenda Item. Commissioner Krebs noted this was a Conceptual and she did not like the concept and added, "I think it could be better." No action was taken on this Agenda Item. REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission hear a presentation from the Planning and Zoning Board/Local Planning Agency related to their membership, efforts, accomplishments, and any issues they may wish to discuss. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 15 OF 21 FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The Office of the City Clerk has provided information via email and in person regarding the Mayor and City Commission's interest in hearing from the Planning and Zoning Board/Local Planning Agency. The Planning and Zoning Board/Local Planning Agency has also discussed this matter a couple of times at recent Board meeting(s), prior to attending this City Commission Regular Meeting. RECOMMENDATION: The City Commission is requested to hear from members of the Planning and Zoning Board/Local Planning Agency and discuss any matters they deem of interest with the Planning and Zoning Board/Local Planning Agency and City Staff, as applicable. Planning and Zoning Board/Local Planning Agency Chairperson Bill Poe, Vice Chairperson Rosanne Karr, and Board Member Suzanne Walker addressed the Mayor and City Commission. Chairperson Poe commented on everyone's interest in developing the Winter Springs Town Center and the GID (GreeneWay Interchange District) and thought we could improve our working with Continuing, Chairperson Poe remarked, "That is not to change the Code. The Code is there; we need to keep the Code. It is not to ignore Public Input; we want Public Input, we want to hear from them we want to hear what they have to say. But, when an Applicant walks in and he meets the Code, then why should he have to bring this entourage to Board after Board after Board after Board." Additionally, Chairperson Poe added, "We as P and Z (Planning and Zoning Board[/Local Planning Agency]) do not have the answer to how this can come about; but we certainly would ask the Commission if the Staff would look at it, from the perspective of how can we do this, yet maintain our Code, yet still receive Public Input, but make it easier for these folks to come to our City." Continuing, Chairperson Poe noted, "I just do believe that every time that we require them to bring another Attorney, another Architect — we are causing them an expense, not only in dollars, but in time. Time is money to someone who is trying to develop something in our City. So, our request of the Mayor and Commission is, can we have Staff look at that from a perspective, `How can we make this easier for that Applicant to bring his business to our City." Brief comments followed on economic initiatives. Manager Smith noted, "To Commissioner Krebs' point, we have made some significant changes in the staff review process. I think the feedback that you all have received from Developers over the last few years is indicative of the success of those changes and we can constantly evaluate that to try to ensure future success." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 16 OF 21 Further comments. Regarding the request that Chairperson Poe stated, Chairperson Poe added, "I think we are just looking at, if all of a sudden, they meet the Code, why is they have to continue to bring back all of these experts, when they go before the P and Z (Planning and Zoning Board[/Local Planning Agency]), when they go before the City Commission?" Mayor Lacey mentioned, "I have seen a couple of presentations from one of our sister cities where they talk about their Development Review process in the terms of a process improvement, that actually involves the staff a little bit more in the recommending and decision making area; and they are fairly proud of how they have expedited the business development process improvement." Chairperson Poe commented, "We have, probably the finest Staff amongst all the cities that are around us; and I think we ought to rely upon them, that is why we hired them." Furthermore, Chairperson Poe said, "I do believe that we ought to rely upon the expertise of those that are trained in the area of Planning and Zoning because they are schooled at it, they are trained at it, they are professionals at it." Discussion. Mr. Stevenson reviewed different scenarios and said Staff would do whatever the City Commission directed Commissioner Krebs summarized what she thought Chairperson Poe was suggesting and stated, "If something came into the City and Staff looked it and it met all the Codes, I think you might be saying to me is, why should it come to us, let it just go to the - Commission to Approve. Is that what you are saying? Is that the point you are looking at, because it meets Code?" Chairperson Poe responded, "If that is what Staff would recommend, I would certainly concur with that, because at that point in time, if they have met Code, what reason does it need to appear before us..." Commissioner Krebs added, "...Just before it gets to us? That is what you are saying, right?" Chairperson Poe stated, "Yes." Discussion followed on whether such a change would be a Policy revision. Manager Smith stated, "If we're discussing maybe changing the levels of Approvals. For example, certain projects within certain parameters may be signed off at the Staff level and certain projects under certain parameters come to the Commission, if that's what I'm hearing correctly, and this body is willing or of the mindset to consider that, Staff would be more than happy to go back and put together some scenarios." Discussion. Chairperson Poe further spoke of the City being more "user friendly" and said that Staff had done a great job with re -writing the Code. Further comments. Mayor Lacey said to the City Commission, "Is there a Consensus amongst the Commissioners that we direct Staff to come back with recommendations for a process improvement?" Commissioner Hovey and Commissioner Brown nodded in agreement. Commissioner Resnick said, "Okay." No objections were voiced. Mayor Lacey summarized, "Consensus for the Staff to come back with a recommendation on process improvement for the Planning and Zoning function." Manager Smith then asked, "Is everybody agreeable to no specific time frame? Certainly we'll move expeditiously." Commissioner Krebs said, "No specific time frame." No objections were noted. Chairperson Poe asked, "Are we still not looking at the GID (GreeneWay Interchange District)?" Mayor Lacey remarked, "That is the current direction from the City Commission, yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 17 OF 21 Vice Chairperson Karr commented on the City of Chattanooga, Tennessee as what she hoped our City could be like and showed a few photographs. Members of the Planning and Zoning Board/Local Planning Agency were then thanked. With Vice Chairperson Karr's Terms of Office coming to an end, Vice Chairperson Karr was specifically thanked for her many years of service as she leaves the Planning and Zoning Board/Local Planning Agency next month. REGULAR 601. Office of the City Clerk REQUEST: The City Clerk respectfully requests that Commissioner Rick Brown make Appointments/Reappointments related to the Terms of Office which will be expiring in July 2012. FISCAL IMPACT: There is no fiscal impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Commissioner Rick Brown is respectfully requested to make individual Motions for each Seat, on each Board/Committee. Appointments/Reappointments To Be Made By Commissioner Rick Brown: Seat currently held Seat currently held by Roberto Carlos Acevedo — Beautification of Winter Springs Board Seat currently held by Helen Baker — Tuscawilla Lighting and Beautification District Advisory Committee Brief comments followed on a possible Appointment. "I WOULD LIKE TO REAPPOINT, AT HER REQUEST, HELEN BAKER" TO THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 18 OF 21 Regarding another possible Appointment, Commissioner Brown stated, "I will reach out to Mr. (Roberto Carlos) Acevedo." Commissioner Hovey asked that City Clerk provide her with information on any Appointments/Reappointments. City Clerk Lorenzo-Luaces agreed to do this. REGULAR 602. Office Of The City Attorney And Office Of The City Manager REQUEST: The City Attorney and City Manager advise the City Commission that pursuant to section 4.08(c) of the Winter Springs City Charter, the City Commission is required to appoint a qualified voter of the City to fill the vacancy in the District 3 City Commission seat created by the resignation of former Deputy Mayor, Gary Bonner. FISCAL IMPACT: There is no direct fiscal impact related to the appointment to fill the vacancy on the City Commission. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney and City Manager advise the City Commission that pursuant to section 4.08(c) of the Winter Springs City Charter, the City Commission is required to appoint a qualified voter of the City to fill the vacancy in the District 3 City Commission seat created by the resignation of former Deputy Mayor, Gary Bonner. Mayor Lacey began the discussion on this Agenda Item. Commissioner Brown stated, "I would like to Nominate Avery Smith." Mayor Lacey stated, "Avery Smith is Nominated." Commissioner Resnick remarked, "I would like to Nominate Phil Kaprow." Mayor Lacey stated, "Phil Kaprow is Nominated. Are there further Nominations?" Hearing none, Mayor Lacey asked, "Do I have a Motion to close Nominations?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 19 OF 21 "MOTION TO CLOSE NOMINATIONS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. MOTION CARRIED. "I WILL MAKE A MOTION FOR AVERY SMITH." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: NAY COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Lacey stated, "Avery Smith is Appointed to the Winter Springs City Commission for a Term expiring in November 2012." Continuing, Mayor Lacey noted, "The suggested format to follow would be to schedule a Special Meeting for five o'clock at the next meeting, on July 9t', (2012) and have a - Ceremony for Ms. Smith, so she would have a chance to invite her friends and family to come participate and seat her and then she would participate in deliberations at that Meeting." Mayor Lacey inquired, "Is that process agreeable to the Commission and to Ms. Smith?" Commissioner Brown remarked, "Yes." No objections were noted. Mayor Lacey summarized, "We will have a Special Meeting at five o'clock on July 90', 2012." Mayor Lacey invited Commissioner -Elect Avery Smith to also attend the City's 41' of July and be introduced. Additionally, Mayor Lacey mentioned the Deputy Mayor position needed to be Voted on. Commissioner Brown suggested, "Can I please ask that be postponed one (1) round so I can be here?" Mayor Lacey asked, "Is there any objection by the Commission to waiting until the second meeting in July for the Deputy Mayor designation?" No objections were stated. Manager Smith mentioned the open seat on the CRA (Community Redevelopment Agency) and asked, "Would the Commission like to wait and do everything at one time?" Commissioner Brown nodded in agreement. Hearing no objections, Mayor Lacey suggested, "Yes, why don't we hold off until we are all here — the second Meeting in July." Manager Smith stated, "If it is okay with you all, we've been handling that at the Staff level." Additionally, Manager Smith said that with the Appointment of a new Commissioner for Seat Three, "We intend to move forward at the next meeting with Unit 12 Wall Board Appointments?" Commissioner Brown stated, "Point of Order" and commented that he had an Appointment to make to the new Ad Hoc Committee. "I WOULD LIKE TO APPOINT MR. (DAVID) BOLDT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 20 OF 21 Commissioner Resnick mentioned the verbatim information that Commissioner Brown had asked for, for the next City Commission Meeting, and asked Commissioner Brown, "Do you want us to wait two (2) meetings though to have that discussion?" Commissioner Brown remarked, "Yes, if that is when the Wall is coming back." Commissioner Brown added, "We are going to Appoint the Committee next meeting — or whenever Andrea (Lorenzo-Luaces) has it ready, she can email it to us..." Commissioner Resnick added, "...Because we were waiting on you to have a discussion on any changes or addendums or anything of that nature." Commissioner Brown said, "That is fine." Manager Smith then said, "The direction — on bringing that information back, that Commissioner Brown requested — is that something that you want the Clerk to email to you all or is that something we want to bring back as an Agenda Item for discussion?" Commissioner Brown noted, "At the last meeting, there seemed to be some question about the structure or vagueness of the Motion that I made; so, I just asked the Clerk if she could provide the Verbatim transcript, because I didn't feel that my Motion was vague in the least. I just wanted to make sure that everybody had it." Continuing, Commissioner Brown added, "email is fine. Whatever is most convenient to the Clerk." Commissioner Resnick mentioned to Commissioner Brown, "It wasn't vague on my part. I was looking to see if we perhaps wanted to consider changing one word, only to satisfy an opportunity or an option for the Wall individuals." Commissioner Resnick added, "On my part it wasn't actually vague, it was just making a request to consider a change." Additionally, Commissioner Brown stated, "In my opinion, the Motion was made and the Motion was Voted on and the Motion stands as it was presented. My discussion with the residents that I spoke to was that the Commission is the executive body. Anything that is brought to us by a resident can be looked at or re -looked at. If they get together as a Committee and felt there was something they would like us to have another look at, they can certainly bring it to us; and then we as a board can decide whether we want to take that up and discuss it or not." PUBLIC INPUT Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: commented on the suggestions of the Planning and Zoning Board/Local Planning Agency, and thought that "straightforward issues" could seek recommendations and Approvals by City Staff, and Policy issues would stay with the City Commission. Mr. Partyka commented on the newly Appointed Commissioner and asked to hear from her. Mayor Lacey and Assistant City Attorney Kate Latorre agreed that Commissioner -Elect Smith was to now adhere to provisions of the Sunshine Law. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 25, 2012 PAGE 21 OF 21 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:45 p.m. RESPECTFULLY SUBMITTED: ZO-LUACES, MMC APPROVED: ire f��r> NOTE: These Minutes were Approved at the July 9, 2012 City Commission Regular Meeting.