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HomeMy WebLinkAbout_2013 01 14 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA SA O 11� O Incorporated • 1959 • •,Coo wE-eft CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JANUARY 14, 2013 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434,WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Cade Resnick - Seat Four Commissioner Jean Hovey- Seat One Commissioner Rick Brown- Seat Two Commissioner Pam Carroll - Seat Three Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 2 OF 21 CALL TO ORDER The Regular Meeting of Monday, January 14, 2013 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 Cade Resnick present Commissioner Jean Hovey, present Commissioner Rick Brown,absent Commissioner Pam Carroll,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. Commissioner Joanne M. Krebs asked if Consent "205" could be moved to the Regular Agenda for discussion. Mayor Lacey confirmed this could be discussed at the beginning of the Regular Agenda. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department 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. Deputy Mayor Cade Resnick asked about the Hayes Road Plaza project. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 3 OF 21 Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department commented on an update they had received from the owner in which they had asked their Architect to make some changes. Mr. Stevenson added, "They plan to resubmit those Plans. This is their second review, so as soon as we get those back in, we will have those under review in an attempt to get them a Building Permit as soon as possible." Deputy Mayor Resnick asked if there were any hazards on the property should anyone jump the fences. Mr. Stevenson noted, "If they jumped the fences, there are hazards there." Mr. Stevenson then said, "Our intent is to have them finalize that site as soon as possible but they are making a few architectural changes." INFORMATIONAL 101. Community Development Department—Arbor Division REQUEST: The Community Development Department,Arbor Division, is providing information to the City Commission regarding the National Arbor Day Foundation's Tree City USA Designation and Growth Award status for the City of Winter Springs. FISCAL IMPACT: There is no additional cost to the City for participation in the National Arbor Day Foundation's Tree City USA Program,however,continued participation affords the City a higher ranking when applying for many grants involving forestry and beautification,in addition to many other benefits of the program. 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. There was no discussion on this Agenda Item. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL." DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 4 OF 21 ❖❖ AGENDA NOTE: CONSENT AGENDA ITEM "205" WAS DISCUSSED (AT THE BEGINNING OF THE MEETING), WITHIN THE NEXT FEW PAGES, AND LATER IN THE MEETING,AS SHOWN ON PAGES 14-16 OF THESE MINUTES. ❖• CONSENT AGENDA CONSENT 200. Utility Department REQUEST: The Utility Department is requesting authorization to procure the services of Reynolds Inliner, LLC to perform Sanitary Sewer Line Rehab Work by Piggybacking off of the City of Orlando Contract for Cured- in-Place Pipe rehabilitation. FISCAL IMPACT: The Utility Department has budgeted $200,000 in the Renewal and Replacement Fund for sewer and manhole relining for FY 2012. The project cost of$191,965.00 will be paid from this fund. Funds will be expended over the next 150 days. 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. In addition,residents in the affected areas will be notified prior to the work being performed. RECOMMENDATION: It is recommended that authorization be granted to piggyback off of the City of Orlando Contract No. BI09-2570 with Reynolds Inliner, LLC for the rehabilitation of sanitary sewer lines and manhole reconstruction at a cost of $191,965.00 plus a 5% contingency payable from the Utility Renewal and Replacement line code(3610-65000-30030). No discussion. CONSENT 201. Public Works Department REQUEST: Public Works Department Requests the City Commission Approve the Interlocal Agreement Between Seminole County and the City of Winter Springs for Maintenance of the Trail Overpass FISCAL IMPACT: No change to the current City costs for trail maintenance. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 5 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: It is recommended that the City Commission Approve the Interlocal Agreement Between Seminole County and the City of Winter Springs for Maintenance of the Trail Overpass and authorize the City Manager to execute any and all applicable documents. City Manager Kevin L. Smith said, "In his absence, Commissioner (Rick) Brown had contacted me and asked if you all would be agreeable to pull item `201', that's relative to the Trail Overpass Interlocal Agreement, until he returns." Discussion followed on Commissioner Brown's concern with the City being allowed to hang Banners and with Mr. Kip Lockcuff,P.E., Director,Public Works/Utility Departments. Mayor Lacey noted, "I am just going from recollection of Commissioner Brown's comments on this subject before— I thought his concern was that if we approve this Agreement as is, then it would be difficult to bring it back up to get the accommodation that we wanted." CONSENT 202. Community Development Department-Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting authorization to decrease the City Standard Street Light Base Rate from $13.91 to $13.41 per month pursuant to a revised rate schedule from Progress Energy, effective January 1, 2013. The revised rate represents a decrease of$.50 per base street light as compared to the previous rate. FISCAL IMPACT: In addition to providing basic street light coverage on public streets throughout the city limits, the city is required to reimburse the base rate of each streetlight in our Decorative Streetlight Program, on a quarterly basis, to all qualified NSSLIA participants. The NSSLIA reimbursements are payable from Streetlight Fund Line Code (1526-54312). As a result of the January 2013 Progress Energy Price Decrease of $.50 per standard street light, the city will save approximately $12,000 for 1 year of service, if no additional changes are made to the rate structure. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 6 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. NSSLIA participants will be sent a notice of the rate decrease upon Commission approval of the new base rate. RECOMMENDATION: The Community Development Department, Urban Beautification Division, recommends that the City Commission approve the revised Street Light Base Rate of $13.41 per month, effective retroactively to January 1,2013. No discussion. CONSENT 203. Community Development Department—Arbor Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve the request of Milian Muglach to remove one(1) specimen live oak tree from her property at 912 Gazelle Trail. The resident is concerned with the proximity of the tree to her home. FISCAL IMPACT: If this request is approved,the applicant will pay a$25.00 arbor permit fee to the Arbor Fund(110). 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-JANUARY 14,2013 PAGE 7 OF 21 RECOMMENDATION: Staff recommends that the City Commission approve the request of Ms. Muglach to remove one (1) specimen live oak tree from her residence at 912 Gaze11 Trail. Staff is recommending approval due to the proximity of the tree to the home and the potential for the tree to cause considerable damage to the structure. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5-8(b)of the Arbor Ordinance. This Agenda Item was not discussed. CONSENT 204. 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. CONSENT 205. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting that the City Commission approve Resolution 2013-01 updating and revising the schedule of fees for our Spring Break Camp and Civic Center facility rentals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 8 OF 21 FISCAL IMPACT: Staff is projecting an additional $700 of revenue to be generated for the Spring Break program to cover program costs. In FY 2012, revenue was $13,900 for Civic Center facility rentals. Staff is projecting an increase of approximately$3,500 in revenue for FY 2013 under the proposed new rate structure. 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 Parks and Recreation Department is recommending that the City Commission approve Resolution 2013-01 updating and revising the schedule of fees for our Spring Break Camp and Civic Center facility rentals. This Agenda Item was referenced at the beginning of this City Commission Meeting, and fully addressed at the beginning of the Regular Agenda. CONSENT 206. Public Works Department REQUEST: The Public Works Department requesting City Commission approval to enter into an agreement with Seminole County for Community Development Block Grant funding of up to $250,000 for construction of the North Village Walk Sidewalk Project-Phase 1. FISCAL IMPACT: The North Village Walk Sidewalk Project is funded up to $250,000 through a Community Development Block Grant at no cost to the City. Leveraged funding will be provided by City Staff using in-kind services consisting of Staff time only. 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-JANUARY 14,2013 PAGE 9 OF 21 A Public Meeting has been scheduled for February 4, 2013 at 6:00 PM at City Hall. All area property owners will be mailed a written meeting invitation and will be given contact information to submit questions if they cannot attend the meeting. The City website will include project information that will be regularly updated. RECOMMENDATION: Staff recommends the City Commission approve entering into an agreement with Seminole County for Community Development Block Grant funding of up to $250,000 for construction of the North Village Walk Sidewalk Project - Phase 1, subject to minor modifications by Staff and/or the City Attorney, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 207. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the Monday, December 10, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact to the approval of 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, December 10, 2012 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. MOTION TO APPROVE (CONSENT AGENDA) NOT INCLUDING CONSENT AGENDA ITEM"205". MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY ADDED, "IF THERE IS NO OBJECTION, WE HAVE UNANIMOUS CONSENT TO ALSO PULL ITEM `201' FROM THAT, WE CAN PROCEED ON WITH THE VOTE ON THE REST OF THE CONSENT AGENDA. SO, IS THERE OBJECTION TO PROCEEDING ALONG THAT WAY?" CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 10 OF 21 COMMISSIONER HOVEY STATED, "I HAVE NO OBJECTION." HEARING NO OBJECTIONS, MAYOR LACEY NOTED, "SO THE MOTION IS THEN AMENDED TO WHERE WE ARE NOW VOTING ON THE ENTIRE CONSENT AGENDA WITHOUT ITEMS `201'AND `205'." VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire City Attorney Anthony A. Garganese advised the Mayor and City Commission that "We're moving forward per the City Commission's previous approval with the closing of 154 Lori Anne Lane. The Title Company that was selected by the Broker for this Closing informed us after the Commission approved that item, that they cannot issue title insurance for the project; so we found another title insurance company that will issue title insurance to the new buyer, but they as a condition of Closing, are requesting a Resolution of the City Commission just memorializing in writing that the sale was approved. So, if we want to expedite the Closing, I'm recommending that the Commission approve Resolution number 2013-02 which I prepared, that basically just lays out how the City acquired the property through the Wyman Fields transaction and Section 1, simply says that the City Commission of the City of Winter Springs hereby memorializes and ratifies its' prior authorization granted on December 10th, 2012, to sell the property at fair market value, and for the City Attorney and City Manager to prepare and execute all documents necessary to facilitate the sale." Mayor Lacey then said to Attorney Garganese, "You are requesting a Motion to approve (Resolution) 2013-02 as you have just described it." Attorney Garganese stated,"Correct." "I WILL MAKE THAT MOTION." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING--JANUARY 14,2013 PAGE 11 OF 21 VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. Mayor Lacey then noted that Resolution 2013-02 has passed. REPORTS 401. Office Of The City Manager—Kevin L. Smith Manager Smith advised the City Commission that, "Staff is working on a - Noise Ordinance and we anticipate bringing that to you all at the February 11th meeting." Secondly, Manager Smith noted that Staff had received some calls related to recycling pick-up conflicts over the holidays and remarked, "We're going to look at some options with Waste Pro (of Florida) for possible pick-ups, costs, and do a little analysis there; and certainly we'll come back to this dais before we proceed with that." REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC No Report. REPORTS 403. Office of Commissioner Seat One—The Honorable Jean Hovey Commissioner Jean Hovey wished everyone a Happy New Year. MOTION TO APPOINT MARY HOFFMAN TO THE DISTRICTING COMMISSION. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REPORTS 404. Office of Commissioner Seat Two—The Honorable Rick Brown Absent. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 12 OF 21 REPORTS 405. Office of Commissioner Seat Three—The Honorable Pam Carroll Commissioner Pam Carroll mentioned she had received numerous thank you's from City Staff for the recent days off around Christmas and New Year's and that everyone who had contacted her was very appreciative. Secondly, Commissioner Carroll mentioned she would be going to Layer Elementary School for a reading event and suggested that others could also stop by. REPORTS 406. Office of Commissioner Seat Four/Deputy Mayor—The Honorable Cade Resnick Deputy Mayor Resnick similarly noted the reading event at Layer Elementary School. Next, Deputy Mayor Resnick said that he attended a Leadership Seminole growth project event and that they are doing another brick program and inquired if anyone would be interested in participating. Furthermore, Deputy Mayor Resnick noted that Leadership Seminole was having a bowling fundraiser and that the cities were being challenged to buy a bowling lane for participation, and that this might be discussed further through the Leadership Seminole organization. REPORTS 407. Office of Commissioner Seat Five—The Honorable Joanne M.Krebs Commissioner Krebs noted that the Scottish Highland Games were being held this weekend. Further comments. REPORTS 408. Office of the Mayor—The Honorable Charles Lacey Mayor Lacey mentioned that former Mayor John Bush had been their representative to the MetroPlan Orlando's Citizens Advisory Committee and that he was resigning. Mayor Lacey asked the City Commission to consider a replacement Appointment that could be made at the next City Commission Meeting. Next, Mayor Lacey also mentioned the Scottish Highland Games and that some representatives of the Scottish Highland Games would be speaking under"Public Input". Lastly, Mayor Lacey said that he and Manager Smith had received an email before New Year from the Meritage Homes Corporation asking for assistance with getting some Certificate of Occupancy's before the end of the year. Mayor Lacey stated, "I just wanted to acknowledge the Staff who responded to that —they made some miracles happen, in order to show customer service and Meritage (Homes Corporation) is exceedingly happy with how Staff has responded." Mr. (Randy) Stevenson; Mr. (Kip) Lockcuff; Mr. Brian Fields, P.E., City Engineer, Utility Department; Mr. Michael Scheraldi, Building Official, Community Development Department; Ms. Zynka Perez, Storm Water Utility Manager, Utility Department; and Mr. Clifton Mullis, Maintenance Mechanic II, Utility Department were all recognized for their contributions. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 13 OF 21 Mayor Lacey added, "They really put the good of our customer above their own holiday over New Years - and our customer and therefore I, am very appreciative of that." PUBLIC INPUT Mr. Chip Crawford, 805 East Harwood Street, Orlando, Florida: as the President of the Scottish American Society of Central Florida, Mr. Crawford spoke about the Scottish Highland Games and asked the"City to match funds from the County to help us recoup costs that we've incurred this year to replace deteriorated equipment" such as tents, fencing,and wood for the stages. Continuing, Mr. Crawford noted, "The County has agreed to us—they will have a tent on the field to the tune of three thousand dollars ($3,000.00) they're giving us, which looks like a corporate sponsorship. And, we in turn, are asking the City to match that to help us recoup our expenses; so that we can maintain what we call,to raise the festival standard-so we still look like we are putting on the best festival we can." With further comments, Mayor Lacey inquired, "Looking forward, would you consider this to be an ongoing request or would this be isolated?" Mr. Crawford responded, "This would be isolated." Mr. Crawford noted that they are in the second of a three (3) year Contract and they pay "Six thousand [dollars] ($6,000.00) per year for the use of the park for the Saturday/Sunday and then, in addition, after the fact, we give the City three thousand dollars($3,000.00) for repairs or improvements that would benefit both of us." Discussion followed if one of the rental days could be waived. With additional comments, Mr. Crawford added, "I have no intentions of ever leaving this place—I love it. This is the best park I have been in, in a long time." Mr. Crawford added,"I am not going anywhere." Attorney Garganese suggested that a Letter of Agreement, signed by both the parties would be appropriate. "I WILL MAKE A MOTION THAT WE WAIVE ONE OF THE THREE THOUSAND DOLLAR ($3,000.00) FEES FOR 2013 AND GIVE ANTHONY (GARGANESE) AND KEVIN (SMITH) THE AUTHORITY TO ENTER INTO THE AGREEMENT." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. Mr. Carlton Cook, 1002 O'Hanlon Court, Oviedo, Florida: also commented on the Scottish Highland Games and said that Winter Springs was their "home" and added, "This is the greatest venue I've ever seen." Mr. Cook mentioned that they want to continue working with the Mayor,the City Manager, and the Police Department, and thanked the City for their support. Mr. Robert Miller, 679 Silvercreek Drive, Winter Springs, Florida: also thanked the Mayor and City Commission for their vote for the Scottish Highland Games and also commented on the efforts and contributions of the Elected Officials. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 14 OF 21 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used •:••:• AGENDA NOTE: THE FOLLOWING AGENDA ITEM, WAS PREVIOUSLY LISTED ON THE CONSENT AGENDA AS CONSENT "205" BUT WAS DISCUSSED NEXT AS PART OF THE REGULAR AGENDA, FOLLOWED BY THE ORIGINAL REGULAR AGENDA ITEMS,AS DOCUMENTED. •:•• REGULAR AGENDA FORMERLY LISTED ON THE CONSENT AGENDA Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting that the City Commission approve Resolution 2013-01 updating and revising the schedule of fees for our Spring Break Camp and Civic Center facility rentals. FISCAL IMPACT: Staff is projecting an additional $700 of revenue to be generated for the Spring Break program to cover program costs. In FY 2012, revenue was $13,900 for Civic Center facility rentals. Staff is projecting an increase of approximately$3,500 in revenue for FY 2013 under the proposed new rate structure. 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 Parks and Recreation Department is recommending that the City Commission approve Resolution 2013-01 updating and revising the schedule of fees for our Spring Break Camp and Civic Center facility rentals. Commissioner Krebs began the discussion and stated, "I really think if we're going to increase rates, we have to offer a reason for someone to pay an increased rate within the building itself." Commissioner Krebs further commented on earmarked Impact Fees. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 15 OF 21 Continuing, Commissioner Krebs noted, "I was hoping that we could wait on the increase until we have those improvements made and hopefully those improvements can be made real soon; or we front it and have those improvements made and pay it back when those Impact Fees come in." Discussion followed with Mr. Chris Caldwell, Director, Parks and Recreation Department who stated, "Those future Impact Fees, they would be used for some serious renovations, absolutely. That was a hundred and twenty- five thousand [dollars] ($125,000.00)that was earmarked for that—the Impact Fees." Mr. Caldwell mentioned a cost benefit analysis Staff had done and said, "Our current costs, just to run that facility, we weren't even getting into general maintenance, is about thirty-three thousand dollars ($33,000.00) a year and we're pulling in only fourteen thousand [dollars] ($14,000.00)." Commissioner Krebs noted that that information would have been helpful and added,"When we have numbers like that,we want to see them." Deputy Mayor Resnick asked if there was a detailed plan related to future renovations, plan costs, and the expectations. Mr. Caldwell responded, "We have not put together a detailed plan." Further related to renovations, Mr. Caldwell explained, "We've brought in some Contractors and had them look at floor, ceiling, walls, structure issues, yes. And, they haven't given us the details, but they've identified some of the problems with the floors, some of the problems with the ceiling tile, some of the problems in the kitchen. We've addressed electrical problems, a/c (air conditioning)problems and so we've done what is necessary to bring the building up to a standard, and keep it safe." Commissioner Hovey went over the City's costs and suggested it might be better to demolish the building and build a new facility, to which Mr. Caldwell suggested that for a new building, costs might be near a million dollars and that a different location might be better. Commissioner Hovey also asked about "Adding on to the Senior Center and making it a Senior Center/Civic Center?" Discussion followed next on having such a facility as an asset, issues with not raising costs, some recent improvements that have been made, and that Staff feels that price is why many non-residents are renting the Civic Center. Break even costs, investing in the building, some parking issues. Regarding when the Senior Center could be rented,Commissioner Carroll asked if this could be reconsidered. Mr. Caldwell was asked what he would like to do, to which Mr. Caldwell mentioned other area venues and suggested he needed to find out what other venues cost to rent out, and how we could break even. Discussion followed on possibly holding a Workshop and raising some of the Fees noted in the Resolution. Commissioner Krebs added,"I would ask the Commission to take part of this—to a Workshop." Commissioner Hovey stated, "I agree." Further comments followed on marketing and that could something be added to our Website to make it easier to more directly access Civic Center information." Commissioner Krebs noted that plans for a better facility should be in the Master Plan,but that currently, there is no funding. Commissioner Krebs and suggested we find out more on the Lake Mary Events Center. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 16 OF 21 Commissioner Hovey said to Mr. Caldwell, "Will you send me the information about the rental of the building and I will send it to the PTA's (Parent-Teachers Associations) and have them put it out in the newsletters." Mr. Caldwell responded by saying,"Thank you,I will." "I WILL MAKE A MOTION TO APPROVE (RESOLUTION) 2013-01 — THE RAISING OF SPRING BREAK RATES AS WE DISCUSSED IT, AND THEN TO COME BACK AT A LATER TIME WITH A WORKSHOP." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MAYOR LACEY ADDED, "IS IT THE CONSENSUS OF THE COMMISSION WITHOUT OBJECTION THAT 2013-01 SHOULD BE AMENDED TO REMOVE THE CIVIC CENTER — INCREASES — TO REMOVE THE INCREASES IN THIS RESOLUTION?" HEARING NO OBJECTIONS, MAYOR LACEY CLARIFIED,"THE MOTION IS AMENDED—AND IT IS TO APPROVE RESOLUTION 2013- 01, TAKING OUT THE INCREASE IN FEES ONLY FOR RENTAL OF THE CIVIC CENTER." VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department-Planning Division REQUEST: Community Development Department-Planning Division requests the City Commission consider approval of The Offices at Winding Hollow, LLC Developer's Agreement (DA) for real property located on the southwest corner of S.R.434 and Winding Hollow Boulevard. FISCAL IMPACT: While there is no immediately measurable fiscal impact associated with this agenda item, approval of this item does satisfy part of the requirements for allowing the development of 19,000 square feet of office space which will pay ad valorem taxes. A specific fiscal impact report will be presented with the agenda item for approval of the concept plan/fmal engineering for the project. 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-JANUARY 14,2013 PAGE 17 OF 21 RECOMMENDATION: The Community Development Department-Planning Division recommends that City Commission approve the Offices at Winding Hollow,LLC Developer's Agreement(DA). Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented this Agenda Item for discussion. Further comments followed on the Uses and what would happen if this project did not get built. Attorney Garganese noted, "As the DA(Development Agreement) is written,the Use under paragraph 4.0 for the property, will be `Professional Office Park'. In the event that that fell through, the property owner would require an Amendment to the Development Agreement to initiate another Use on the property. Among the Uses that are listed under `Neighborhood Commercial', would have to come to the Commission for an Amendment to the DA (Development Agreement)." Commissioner Krebs then said to Attorney Garganese, "Let's just say — one of those Uses is just totally inappropriate in that area, for that particular neighborhood. At that time,we would be able to reject that?" Responding, Attorney Garganese said, "The Commission would have to approve an Amendment to the Development Agreement, other than `Professional Office Park'. The consideration for approving the Lot Split was the fact that they represented to the Commission a `Professional Office Park' Use." Furthermore, Attorney Garganese noted, "While there's an administrative Rezoning that's taking place, to change it to `Neighborhood Commercial',the property will be bound by the Development Agreement, limiting the Use to `Professional Office Park' unless the Commission approves otherwise, among the `Neighborhood Commercial' Uses, when that Rezoning is effective." Mayor Lacey stated, a Motion to approve the Offices at Winding Hollow Development Agreement would be appropriate." "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. REGULAR 601. Community Development Department-Planning Division REQUEST: The Community Development Department — Planning Division is providing the City Commission with information regarding Ordinance 2011-15, which revised Chapter 16, Signs and Advertising, of the City's Code of Ordinances. FISCAL IMPACT: There is no immediately apparent fiscal impact to the city based upon retention of the changes made via Ordinance 2011-15. Businesses that have employed the additional signage options contained in the Ordinance have more tools at their disposal for advertising their businesses to the public, thereby increasing their chances of success. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 18 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 the City Commission provide direction whether to: 1. Keep all provisions of Ordinance 2011-15 in the City's Code of Ordinances in place which are now incorporated into Chapter 16,the Signs and Advertising Chapter of the City's Code of Ordinances; or, 2. Make revisions to the provisions of Ordinance 2011-15 as deemed appropriate by the City Commission, which will require two (2)public hearings before the City Commission for approval; or, 3. Sunset all provisions contained in Ordinance 2011-15 and return Chapter 16 of the Code of Ordinances to the language as it existed prior to adoption of Ordinance 2011-15, which will require two (2) public hearings before the City Commission for approval. Mr. Bobby Howell, MCP, Planner, Community Development Department introduced the Agenda Item for discussion. Comments followed on movement/animated signage. With discussion, Mr. Stevenson stated, "We are aware of the movement—they're animated signs. We are aware that we need to probably go back and take a look at that language. What we'd prefer, if the Commission will allow us to do that, is as a separate issue, rather than tie it together with this one, something that seems to be working. Just so you know, we will be coming back to this Commission because that would require a Text Amendment which will be two(2)Public Hearings and so forth, before this body,but we are aware of the animated sign issue, the garden ornaments, and those type things and we will be addressing that in the very near future." Discussion. Commissioner Krebs stated, "When you addresses this, you will address people that are dressed like - clowns or whatever, and possibly sign twirlers. These are all movements that take place." Whirly type signs were also mentioned. Continuing, Commissioner Krebs further commented that signs were meant to attract customers, and added, "I don't want see a yard or a business with a hundred little pinwheel signs moving around—but there might be a sign that has that within it." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 19 OF 21 "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM `1. KEEP ALL PROVISIONS OF ORDINANCE 2011-15..."' MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR RESNICK. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Lacey then said, "Staff has referred to the fact that they are going to come back with a Text Amendment that will address these animated signs. I would like that defmition to include addressing the pros and cons —not `Amway' (Arena) signs, but other electronic signs, similar to what we have in front of City Hall and that the Middle School has; because I think some simple issues of safety and attraction versus Discussion-attraction apply there." Further comments. Mr. Stevenson stated,"We will certainly look at that." The Code was then briefly mentioned. Discussion continued. REGULAR 602. Community Development Department REQUEST: The Community Development Department is requesting that the City Commission appoint an alternate member for the Redevelopment Planning Agency (RPA), a group of elected officials from the members of the 17-92 Community Redevelopment Agency(CRA) 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2013 PAGE 20 OF 21 RECOMMENDATION: The Community Development Department recommends that the City Commission appoint an alternate member to the RPA. "I THINK THAT WOULD BE A GREAT JOB FOR THE DEPUTY MAYOR TO DO, REGARDLESS OF WHO THE DEPUTY MAYOR IS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION FOLLOWED ON THE MEETINGS AND DEPUTY MAYOR RESNICK'S CURRENT AVAILABILITY. MAYOR LACEY CLARIFIED THE SUGGESTED MOTION AS, "THE DEPUTY MAYOR WILL BE THE DESIGNATED ALTERNATE TO THE RPA(REDEVELOPMENT PLANNING AGENCY)." VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC INPUT No one addressed the City Commission at this time. In other City business, Deputy Mayor Resnick noted there were some signs outside the Kee Wee Entertainment District building. Captain Chris Deisler,Police Department said that they were looking into this matter and related permitting issues. Commissioner Carroll complimented Mayor Lacey on his `State of the City' presentation at the Oviedo-Winter Springs Regional Chamber of Commerce Luncheon held last week. MOTION TO APPOINT LAWRENCE CHMURA TO THE DISTRICTING COMMISSION. MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JANUARY 14,2013 PAGE 21 OF 21 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:26 p.m. RESPECTFULLY SUBMITTED. Iit _ ANDREA L N N.r UAC��MC CITY CLE'.' APPROVED. // 1%,47.% CHARD NOTE: These Minutes were Approved at the January 28,2013 City Commission Regular Meeting. •