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HomeMy WebLinkAbout2013 08 12 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA 0 4 S i Incorporated • 1959 • ' GOD WE lift) CITY COMMISSION MINUTES REGULAR MEETING MONDAY, AUGUST 12, 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-AUGUST 12,2013 PAGE 2 OF 30 CALL TO ORDER The Regular Meeting of Monday,August 12, 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,present Commissioner Pam Carroll,present Commissioner Joanne M.Krebs,present City Manager Kevin L. Smith,present City Attorney Anthony A.Garganese,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 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 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-AUGUST 12,2013 PAGE 3 OF 30 INFORMATIONAL 101. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to provide the City Commission with a recap of the 2013 Celebration of Freedom event. FISCAL IMPACT: • $29,100 Revenue-Sponsorships/Donations • $22,427 Expenditures • $ 2,150 Total In Kind Donations 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. "I MAKE A MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. ❖❖ AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS AND RELATED REMARKS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. ❖❖ CONSENT AGENDA City Attorney Anthony A. Garganese stated, "The contracts on the Agenda need to be slightly modified because of a new law that went into effect that the legislature adopted, now requiring the City to put specific provisions in all of its contracts relative to public records. So that law is now in effect. I'll leave you with some information to explain all the details but we worked with Staff to modify all the Contracts on your Agenda to comply with the new law." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 4 OF 30 Mayor Lacey noted, "So, the Motion to approve needs to make reference to that." Attorney Garganese commented, "Yes, just a Motion to approve the Consent Agenda with all of the amendments to the Public Records clause amendment being inserted." CONSENT 200. Parks and Recreation Department REQUEST: The Parks and Recreation Department requests the Commission accept a donation of an iPad(valued at $700) and gift cards ($200) totaling $900. The donations will be used for department operations and supplies for community events.The donation was provided from Bright House Networks. FISCAL IMPACT: These donations serve to reduce potential City expenditures that would otherwise have been expended for these purposes. 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 recommends the Commission accept a donation of an iPad(valued at $700) and gift cards (with a total value of $200) totaling $900. The donation would be used for department operations and supplies for community events. The donation was provided from Bright House Networks. There was no discussion on this Agenda Item. CONSENT 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission to authorize the City Manager to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs and Brian Susa,ILPA Distribution Concessions,regarding concession operations at Central Winds Park. FISCAL IMPACT: No City funding required. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 5 OF 30 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 recommends the City Commission authorize the City Manager to execute the attached agreement, as prepared by the City Attorney,between the City of Winter Springs and Brian Susa,ILPA Distribution Concessions, regarding concession operations at Central Winds Park. Deputy Mayor Cade Resnick inquired for the Record about the Contracts. Mr. Chris Caldwell, Director, Parks and Recreation Department noted, "There was a change in the soccer clubs and he was already an existing contractor for one of the soccer organizations and we requested him to come on board with us to run both concessions at Central Winds Park." Deputy Mayor Resnick added, "And therefore he is in complete control and the City is not held liable for any of the services that would be in the concessions..." Mr. Caldwell commented, "...That's correct, we have a Contract stating the responsibilities of each party." CONSENT 202. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached agreement, as prepared by the City Attorney,between the City of Winter Springs and the Oviedo-Winter Springs Chamber of Commerce for the 6th Annual Winter Springs Festival of the Arts. FISCAL IMPACT: City Services including Parks & Recreation&Public Works estimated at$1600. City public safety services not to exceed$5,500.00. Blumberg Blvd. rental revenue received by the City is$800. 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-AUGUST 12,2013 PAGE 6 OF 30 RECOMMENDATION: Staff recommends the City Commission authorize the City Manager to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs and the Oviedo-Winter Springs Chamber of Commerce for the 6th Annual Winter Springs Festival of the Arts. This Agenda Item was not discussed. CONSENT 203. 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 204. Community Development Department-Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting the City Commission to approve an agreement with Greener Grounds, LLC., for City Facilities Landscape Maintenance in the amount of$27,960. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 7 OF 30 FISCAL IMPACT: Funds to cover the increased annual contract cost of $5,772 (resulting in a total annual contract cost of $27,960)for the City Facilities Landscape Maintenance Agreement are available,due to savings from other landscape contracts, from Urban Beautification Services Fund Line Code (1525-54682), Utilities Line Codes (3600-54671, 3600-54680, 3600-54681, 3600-54682) and City Hall Line Code (4414-54682). The initial term of the agreement is for one (1) year with the option to extend the agreement for five (5) one- year periods. The service provider may, at the City's option, be entitled to an increase in an amount not to exceed one-half(1/2) the change in the Consumer Price Index (CPI) of the most recent twelve (12) month period. 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 Community Development Department, Urban Beautification Division, is recommending that the City Commission approve an agreement with the lowest qualified bidder, Greener Grounds, LLC., for City Facilities Landscape Maintenance,in the amount of$27,960 for one(1)year with the option of five(5),one (1)year extensions,if the work is deemed to be satisfactory. There was no discussion on this Agenda Item. CONSENT 205. Community Development Department-Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting approval of Resolution 2013-19, authorizing staff to apply for funding from the U.S. 17-92 Community Redevelopment Agency for redevelopment projects in an amount up to$2,000,000. FISCAL IMPACT: Funding for the abovementioned redevelopment projects, if approved,will be reimbursed to the City by the U.S. 17-92 CRA Redevelopment Trust Fund. No funding is required at this time until the City's initial application has been authorized by the CRA for budgeting.Approval from the Winter Springs City Commission will be required prior to an agreement with the CRA for these projects. Staff with be returning in the near future with an agenda item more clearly detailing the projects and requesting approval to contract with the CRA. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 8 OF 30 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 Community Development Department, Urban Beautification Division, is recommending approval of Resolution 2013-19, authorizing the City to apply for funding from the U.S. 17-92 Community Redevelopment Agency for redevelopment projects in an amount of up to$2,000,000 No discussion. CONSENT 206. Community Development Department-Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting the City Commission to approve an agreement with Eastwood Tuff Turf of Central Florida, Inc., for State Road 434 Landscape Maintenance(ITB 004/13/SR)in the amount of$87,610. FISCAL IMPACT: Funding for services provided pursuant to this agreement will be expended from Urban Beautification Services Line Code (1525-54682) in the amount of $87,610 over a twelve month period, beginning on September 16, 2013. The initial term of the agreement is for one (1) year with the option to extend the agreement for five (5) one-year periods. The service provider may, at the City's option, be entitled to an increase in an amount not to exceed one-half(1/2) the change in the Consumer Price Index (CPI) of the most recent twelve(12)month period. 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. An Invitation to Bid (ITB)was published in the legal section of the Orlando Sentinel on May 6, 2013. Bids were available to the public for download through the City's Website Bid System or for pick up at City Hall. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 9 OF 30 RECOMMENDATION: The Community Development Department - Urban Beautification Division is recommending that authorization be given for the City to enter into an agreement with Eastwood Tuff Turf of Central Florida, Inc., for ITB 004/13/SR State Road 434 Landscape Maintenance Program at a base cost of$87,610, with the agreement becoming effective September 16, 2013. It is also recommended that authorization be given to the City Manager and City Attorney to prepare and execute any and all applicable documents required for this project. This Agenda Item was not discussed. CONSENT 207. Finance and Administrative Services Department REQUEST: The Finance & Administrative Services Department is requesting that the City Commission authorize the City Manager to execute a two year contract for audit services with the firm of McDirmit Davis & Company,LLC. FISCAL IMPACT: The budget for FY 2013/FY14 includes/will include $45,000 for audit and CAFR preparation services which will cover the fees proposed by McDirmit Davis & Company, LLC for the both fiscal year 2013 and 2014. 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 the recommendation of the Finance & Administrative Services Department that the City Commission authorize the City Manager to execute a new two year contract to engage the audit firm of McDirmit Davis & Co, LLC for fiscal year end September 30, 2013 and 2014. The fees would be as stated in the agenda item above. No discussion. CONSENT 208. Police Department REQUEST: The Police Department requests the Commission to approve the renewal of the annual School Resource Officer inter-agency agreement contract with the Seminole County School Board and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents on behalf of the city. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 10 OF 30 FISCAL IMPACT: As part of providing these officers to the schools mentioned above, the School Board will pay the city $64,343.64 in seven (7) equal installments of$8,043.00 and (1) payment of$8,042.64 commencing October 1,2013 to be paid on the 1st day of each month through May 2014. 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 new inter-agency contract for the two School Resource Officers and to authorize the City Attorney to prepare and City Manager to execute any and all applicable documents. Commissioner Jean Hovey and Chief of Police Kevin Brunelle discussed the Contract in this Agenda Item and comments followed on Winter Springs Resource Officers and Seminole County Deputies staffing Winter Springs' schools. CONSENT 209. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the Monday, July 15, 2013 City Commission Workshop Minutes. FISCAL IMPACT: There is no fiscal impact related 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 11 OF 30 RECOMMENDATION: The City Commission is respectfully requested to consider and offer their Approval of the Monday, July 15,2013 City Commission Workshop Minutes. No discussion. CONSENT 210. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the Monday, July 22, 2013 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related 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 consider and offer their Approval of the Monday, July 22,2013 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. Mayor Lacey stated, "Is there a Motion to approve the Consent Agenda pursuant to the language that Anthony (Garganese)asked us to include." "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 12 OF 30 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Parks and Recreation Department The Parks and Recreation Department requests the Mayor and City Commission assist with the Presentation of Awards recognizing specific campers in the Camp Sunshine Summer Camp program for outstanding character traits. Mr. Chris Caldwell, Director, Parks and Recreation Department commented briefly on the Camp Sunshine Summer Camp and their"Character Counts"Awards. Mr. Brian Dunigan, Recreation and Special Events Coordinator, Parks and Recreation Department recognized the program sponsors who were identified as Brusters, McDonalds (at the Winter Springs Town Center), Salamander's,and Tijuana Flats, and thanked them for their assistance and contributions. In recognition of their accomplishments and achievements in this program, Certificates of Recognition were read and presented to the following children who were in attendance this evening: Victoria Cintron, Emily Jarrell, and Hannah Lyons. REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire Attorney Garganese referenced another change in the law which will be effective on October 1 related to public meetings and explained, "I've reviewed the City Commission's rules and procedures and for the most part they comply with the new law, however there will need to be a few amendments to handle some of the nuances of the new law; so, I just wanted to give the Commission a head's up. I'll be working with the City Manager and I'd probably like to get the Mayor involved because some of the changes are going to require the Chair to address as issues come up." Continuing, Attorney Garganese added, "That will be worked on and brought back to you—probably in the next month or so. With further comments, Attorney Garganese remarked, "The rules and procedures which were adopted by Resolution,need to be amended." REPORTS 401. Office Of The City Manager—Kevin L. Smith No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 13 OF 30 REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC No Report was given. REPORTS 403. Office of Commissioner Seat One-The Honorable Jean Hovey Commissioner Hovey said, "I just wanted to thank Andrea (Lorenzo-Luaces, City Clerk) and her Staff for the Friday night dinner for the Volunteers. It was awesome and to again thank all of the Volunteers, and those who couldn't attend—we appreciate everything that you do!" REPORTS 404. Office of Commissioner Seat Two-The Honorable Rick Brown No Report. REPORTS 405. Office of Commissioner Seat Three-The Honorable Pam Carroll Commissioner Pam Carroll stated, "I would like to echo Commissioner Hovey with a really significantly beautiful dinner for the Volunteers who serve on Boards and Committees." Secondly, Commissioner Carroll noted she attended the Bell Ringing at the 100th Anniversary of Seminole County Public Schools and that it was a nice event. REPORTS 406. Office of Commissioner Seat Four/Deputy Mayor-The Honorable Cade Resnick Deputy Mayor Resnick commented, "I would echo what has already been said about the dinner. Thank you Andrea(Lorenzo-Luaces) and your staff and everybody else; and thank you to all the Volunteers." Next, Deputy Mayor Resnick remarked, "Also, thank you everybody for coming out - we appreciate you being here this evening on a contentious issue; and I just wanted to share that I have received and read emails, even if I have not responded to them all." REPORTS 407. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs Commissioner Joanne M. Krebs commented on the Board/Committee Appreciation Dinner and the centerpieces and added, "Kudos to you and your Staff Andrea(Lorenzo-Luaces)." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 14 OF 30 Secondly, Commissioner Krebs said she had been contacted by two (2) Orange County Firefighters who want to open a Primrose School business in Winter Springs and had some concerns about the City's cooperativeness, but after a meeting with Commissioner Krebs,Kevin and Randy,they seemed to be very pleased. Commissioner Krebs mentioned she had some brochures about this school and she would get them to the City Clerk. Furthermore, Commissioner Krebs stated, "Randy has been fantastic in explaining to them what they need to do to get where they need to go—and thank you Randy for that, really; and thank you City Manager for being there as well and trying to explain to them the process of government and how it works." REPORTS 408. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey said, "I will echo for the event—Andrea(Lorenzo-Luaces) and Sarah(Hart, Deputy City Clerk) and Kaley(Garner, Assistant to the City Clerk) and Sean(Beaudet, Assistant to the City Clerk)did a great job helping me get through the evening easily. And I also had a number of compliments on the venue this time, so I think that is something that we should keep in mind. I think a lot of people thought it was better than what we have done in years past." Related to the upcoming Florida League of Cities Annual Conference, Mayor Lacey commented that the City has not yet designated a Voting Delegate and one needs to be appointed. Much discussion. "I WOULD MAKE A MOTION TO ASK THE MAYOR TO BE OUR VOTING DELEGATE." MOTION BY COMMISSIONER CARROLL. SECONDED BY DEPUTY MAYOR RESNICK. DISCUSSION. REITERATING THE MOTION, MAYOR LACEY SAID IT WAS TO "APPOINT THE MAYOR AS THE VOTING DELEGATE TO THE FLORIDA LEAGUE OF CITIES CONFERENCE 2013." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. ❖❖ REPORTS REPORTS 404. Office of Commissioner Seat Two-The Honorable Rick Brown "I WOULD LIKE TO REAPPOINT LARRY HARTMAN TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 12,2013 PAGE 15 OF 30 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. PUBLIC INPUT Mr. Victor Aurigemma, 302 Tavestock Loop, Winter Springs, Florida: spoke against on-street parking being allowed as he did not think it is a good idea, mostly because of safety issues. Mr.Aurigemma also commented on safety for children and walkers, enforcement issues, that Homeowner's Associations cannot enforce such rules, and there could be problems with emergency vehicles trying to get through. Mr. Kevin Cannon, Post Office Box 1501, Orlando, Florida: speaking for the Tuscawilla Homeowner's Association, Mr. Cannon said the issue had been discussed by the Tuscawilla Homeowner's Association and asked that a permanent solution be agreed on. Mr. Cannon referenced a previous study, resident's requests, the Ordinance,hardship exemptions,and that the City Commission should listen to the will of the people. Mr. Gary Brook, 1631 Wood Duck Drive, Winter Springs, Florida: thanked City Staff and the community for their efforts related to solving the issues with the Tuscawilla Units 12/12A wall; and related to Regular Agenda Item"602", Mr. Brook echoed what Mr. Cannon said and hoped that things will not be changed. Captain Tom Vagnini, 1214 Jaguar Court, Winter Springs, Florida: said that he came to the city twenty-five (25) years ago and thought it was an ideal community with side garages, that his family has gone through issues with switching cars around in his driveway, and now instead of seeing trees, one sees cars. Captain Vagnini commented next about his concerns with driving around cars on streets, and asked that the rules not be changed to allow parking on the street. Ms. Sharon Lynn, 1008 East Pebble Beach Circle, Winter Springs, Florida: representing the Country Club Village Homeowner's Association, Ms. Lynn said they supported no parking on the street in any part of the Tuscawilla community; and also mentioned recently driving through a community in Casselberry which allowed parking on the street and how unattractive this was along with the safety issues she saw. Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: as President of the Winding Hollow Homeowner's Association, Ms. Dzamba referenced Public Hearings Agenda Item "504", and related to parking on the street, Ms. Dzamba noted issues in the Winding Hollow development, safety concerns, and thought that it detracts from a neighborhood. Tape 1/Side B Mr. Joseph R. Santoro, 705 Ironwood Court, Winter Springs, Florida: said he did not think on street parking presently is a good idea. Mr. Kurt A. Steinebronn, 714 Ironwood Court, Winter Springs, Florida: remarked that he agreed with previous comments on aesthetics and noted his concern with safety issues, asked if a lower level of safety would be acceptable to the City Commission, and mentioned that it was important to his family that we return to the way the law was enforced previously. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 16 OF 30 Mr. Edward Cregar, 1525 Eagle Nest Circle, Winter Springs, Florida: commented on safety and property values; and noted that he had gone to the Waterford Lakes community in Orlando and that he thought it was a disaster with cars parked everywhere and in all directions; and asked that the on-street parking ban be maintained. Mr. Robert J. Holmes, 1689 Wingspan Way, Winter Springs, Florida: thought that safety is very important and hoped the City Commission would keep the ban on on-street parking. Mr. Drew A. Hawkins, 427 Woodcrest Street, Winter Springs, Florida: thanked the City Commission for addressing this issue; said that he supported options '1.' and `3.',mentioned a reference by Chief Brunelle about a study which showed no safety issues with on-street parking; hoped the City Commission would consider all citizens and visitors in Winter Springs, and not just one (1) community; that not all homes have long driveways, and thought that some residents need some relief. Mr. Terry Even, 106 Marsh Creek Cove, Winter Springs, Florida: mentioned that with parking being allowed on streets, he has seen some changes in his community especially related to a neighbor's teenagers' parties and the kinds of trash he has found from cars parked on the street,and that it was unsightly for the residents. Mayor Lacey said, "That is the last form that I have that was filled out requesting to speak; the others will be put into the public record." Mr. Jeff Kazaka, 1506 North Greenleaf Court, Winter Springs, Florida: speaking on behalf of the Glen Eagle Homeowner's Association, Mr. Kazaka noted they were opposed to parking on the streets of the Tuscawilla community and formerly asked for an exemption to any change in the existing parking Ordinance. Mr. Kazaka commented on crime, as it relates to parking on streets and referenced some statistics on crime from the FBI (Federal Bureau of Investigation). Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, Florida: remarked that he also was in favor of options `1.' and `3.', and commented on differences throughout the City, and did not think this was a major issue, but thought some rules as to which way one should park might be helpful. Ms. Marta Latzer, 120 Avery Lake Drive, Winter Springs, Florida: as a resident of Avery Park, Ms. Latzer said there were no driveways in her community and asked for further information for when visitors did come to her home or community. Mayor Lacey recognized former Commissioner Donald Gilmore who was in attendance. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department-Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission consider second reading and approval of Ordinance 2013-08, which proposes text amendments to the permitted use and conditional use sections of the C-1 (Neighborhood Commercial), C-2 (General Commercial), and CC (Commerce Center)zoning districts. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 17 OF 30 FISCAL IMPACT: There is no direct fiscal impact to the City as a result of the text amendments proposed via Ordinance 2013-08. The proposed changes reflect current industry standards that make these types of uses more compatible with the surrounding properties. The proposed text amendments are among other on-going efforts to update the City's Code of Ordinances and to lesson certain superfluous regulations to doing business within the City. 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. This item was advertised in the Orlando Sentinel on July 11,2013. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission hold a public hearing for second reading of Ordinance 2013-08 and approve said ordinance, which proposes text amendments to the permitted uses and Conditional Use sections of the C-1 (Neighborhood Commercial), C-2 (General Commercial), and CC (Commerce Center)zoning districts, and strikes the phrase "start-up" from Section 20-345, "In General" of the CC zoning district. Attorney Garganese read Ordinance 2013-08 by "Title" only and noted that there have been no changes to the Ordinance since First Reading. Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE ON SECOND." MOTION BY COMMISSIONER BROWN. MAYOR LACEY SAID SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 18 OF 30 PUBLIC HEARINGS 501. Community Development Department-Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting that the City Commission approve Resolution 2013-22,Final Improvement and Maintenance Assessment for Tuscawilla Phase III; submission of the Certificate to Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2013-2014 Assessment Roll for Tax Year 2013; an internal loan from the City to the Tuscawilla Phase III Special Assessment Area in the amount of$80,820; Resolution 2013-27, for establishment of the Tuscawilla Phase III Special Assessment Fund; and a contract with Alternative Wall Systems in the amount of$25,000, all required to establish the Tuscawilla Phase III Assessment Area, begin the related capital project, and levy special assessments starting in November 2013 on the Seminole County Property Tax Bill. FISCAL IMPACT: Approval of Resolution 2013-22 will create the Tuscawilla Phase III Special Assessment Area for the repair and maintenance of the Tuscawilla Units 12/12A Wall. Starting in November 2013, Non-Ad Valorem Assessments will be imposed upon 86 parcels (88 parcels in the program)which have been determined to receive a special benefit from the capital project and ongoing wall maintenance program as follows: • CAPITAL/IIVIPROVEMENT ASSESSMENT A loan from the City's General Fund Reserves will be issued to the Tuscawilla Phase III Assessment Area in the amount of $80,820, minus prepayments applied toward the project cost prior to loan issuance. The debt instrument will have a 20-year amortization schedule featuring a capped, variable interest rate for years 6-10 (1.25% increase max.), 11-15 (1.25% increase max.),and 16-20 (1.50% increase max.). The initial interest rate at issuance will be 2.875% and the maximum rate will be 6.875%. Capital Assessments will be collected on an annual basis through the Seminole County Property Tax Bill for parcels which have not participated in the initial pre-payment option. Property owners have the opportunity (beginning August 13, 2013) to make an initial pre-payment to opt-out of the capital assessment. Those who make a capital prepayment in full by August 30, 2013 will be removed from the tax roll for the annual capital assessment. The final assessment roll and loan principal cannot be calculated until the prepayment period has ended. Initially,parcels without brick wall frontage (1 B.U.)will be assessed$85 and parcels with brick wall frontage (1.2 B.U.)will be assessed $102.The maximum assessment per parcel will be$88 without brick wall frontage (1 B.U.) and $105.60 with brick wall frontage (1.2 B.U.), respectively.The capital assessment will continue for 20 years unless the loan is retired at an earlier date due to advance principal prepayment(s). Upon funding of the loan to Tuscawilla Phase III Special Assessment Area, all expenditures previously front-loaded by the City, except $5,125 for a wall survey and structural evaluation,shall be reimbursed to the City from loan proceeds. • MAINTENANCE ASSESSMENT The Tuscawilla Phase III Special Assessment Area Maintenance Program includes annual repairs, administrative, management,insurance and consultant costs required to care for the Tuscawilla Units 12/12A Wall and administer the Special Assessment Program. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 19 OF 30 Maintenance Assessments will be collected on an annual basis through the Seminole County Property Tax Bill for parcels included in the program. Initially,parcels without brick wall frontage (1 B.U.)will be assessed$75 and parcels with brick wall frontage(1.2 B.U.)will be assessed$90.The maximum assessment per parcel will be $87 (1 B.U.) and $104.40 (1.2 B.U.), respectively. The maintenance assessment will continue in perpetuity. • WALL PROJECT At the June 10, 2013 City Commission Meeting, Option 'B' was approved as the more reasonable and economical solution to address the repair and reconstruction of eight (8) walls at four (4) entrances to the Tuscawilla Units 12/12A Subdivision. As part of Option 'B',Alternative Wall Systems provided a proposal for $25,000 to repair and rebuild the entrance walls using bricks reclaimed from the previous wall demolition. This innovative approach was also recommended by Staff as an effective option to balance goals of the City and Community, while saving a considerable amount of money. The agreement and proposal for Alternative Wall Systems is found in Attachment 'D'. • ASSESSMENT PROGRAM COSTS The annual assessment service fees and staff costs will be budgeted in the Tuscawilla Phase III Special Assessment Area Fund(162) for the 2013-2014 Fiscal Year Budget and will not adversely impact the General Fund. 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 Notice Of Hearing To Impose and Provide For Collection Of Non-Ad Valorem Assessments for the Tuscawilla Phase III Special Assessment Area was published in the Orlando Sentinel Legal Section on July 7, 2013. Notice was also delivered to each of the (86) affected residents via the U.S. Postal Service prior to June 23,2013. RECOMMENDATION: The Community Development Department, Urban Beautification Division,recommends that the City Commission issue approval for the following recommendations in order to comply with legal and operational requirements for establishment of Tuscawilla Phase III Special Assessment Area (approval required in the order shown below): 1. Recommendation -Adoption of Resolution 2013-22, Final Improvement and Maintenance Assessment Resolution,for creation of the Tuscawilla Phase III Assessment Area. 2. Recommendation - Approval of the Certificate to Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2013-2014 Assessment Roll for Tax Year 2013, for submission to the Seminole County Tax Collector. 3. Recommendation - Approval of an internal loan from the City's General Fund Reserves for financing of the Tuscawilla Phase III Assessment Area Capital Costs in an amount up to $80,820(Initial pre-payments may reduce the amount financed). CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 20 OF 30 4. Recommendation - Adoption of Resolution 2013-27 establishing the Tuscawilla Phase III Special Assessment Fund,including purposed constraints imposed upon the uses of these funds, as necessitated by Governmental Accounting Standards Board - Statement No.54. 5. Recommendation - Approval of an agreement with Alternative Wall Systems in the amount of $25,000 for repair and reconstruction of the Tuscawilla Units 12/12A Entrance Walls. 6. Recommendation -Approval for the Mayor, City Manager and City Attorney to draft and execute any and all documents necessary pursuant to items (1-5), as approved by the City Commission in connection with this Agenda Item. Mr. Steve Richart, Urban Beautification Division Services, Community Development Department addressed the Mayor and City Commission and reviewed the suggested recommendations. For all their efforts to solve this issue, Commissioner Brown offered his thanks to Mr. Richart, the Tuscawilla Units 12/12A Wall Ad Hoc Advisory Committee, and Mr. Gary Brook for leading the effort. Commissioner Hovey also thanked Mr. Gary Brook and the Tuscawilla Units 12/12A Wall Ad Hoc Advisory Committee Members for all they did to help resolve this matter. Mayor Lacey opened the "Public Input"portion of the Agenda Item. Mr. Kevin Cannon, Post Office Box 1 501, Orlando, Florida: thanked the City Commission for handling this issue and thought that everyone including the public had solved things well. Mr. Cannon also complimented City Staff and the Tuscawilla Units 12/12A Wall Ad Hoc Advisory Committee for their contributions. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY SUMMARIZED THAT THE MOTION WAS"TO APPROVE ITEM `501'." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Lacey extended his thanks to Mr. Richart and to the Tuscawilla Units 12/12A Wall Ad Hoc Advisory Committee Members who all helped with this effort. PUBLIC HEARINGS 502. Finance and Administrative Services Department and Community Development Department REQUEST: Finance and Administrative Services and the Community Development Department, Urban Beautification Division, are requesting that the City Commission adopt Resolution 2013-21 authorizing additional parcels to be included in the Tuscawilla Lighting and Beautification Assessment Area (Maintenance only) and submission of the Certificate to Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2013- 2014 Annual Assessment Roll for Tax Year 2013 Relating to the Oak Forest Wall and Beautification District and the Tuscawilla Lighting and Beautification Assessment Area Phases I and II, to the Seminole County Tax Collector by September 15,2013. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 21 OF 30 FISCAL IMPACT: The annual assessment service fees for NBS and Nabors Giblin will be budgeted costs in the following assessment district funds for the 2013-2014 Fiscal Year Budget and will not adversely impact the General Fund: • Oak Forest Maintenance Fund-#191 • Oak Forest Debt Service Fund-#214 • Tuscawilla Maintenance Fund Phases I and H-#184 • Tuscawilla Debt Service Fund Phase I-#211 • Tuscawilla Debt Service Fund Phase II-#213 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. Notice to inform the public of a hearing to consider the inclusion of additional parcels for the Tuscawilla Lighting and Beautification District Maintenance Assessment Area was published in the Orlando Sentinel on July 14,2013. Prior to July 23, 2013, notice was also delivered to all owners of record for the additional parcels being considered for inclusion. Detailed information regarding the Tuscawilla Lighting and Beautification District and the Oak Forest Wall and Beautification District Special Assessment Programs, including annual reports, assessment rates and account information by parcel, is available to the public by contacting the Urban Beautification Manager at: srichart(a,winterspringsfl.org -or- via the City's Website at: http://www.winterspringsfl.org/EN/web/dept/cd/urbanbeautification.html. RECOMMENDATION: Staff recommends that the City Commission issue approval for the following recommendations: 1. Recommendation - Adopt Resolution 2013-21 authorizing additional parcels to be included in the Tuscawilla Lighting and Beautification Assessment Area (Maintenance only) and submission of the Certificate to Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2013-2014 Annual Assessment Roll for Tax Year 2013 relating to the Oak Forest Wall and Beautification District and the Tuscawilla Lighting and Beautification Assessment Area Phases I and II, to the Seminole County Tax Collector by September 15,2013. 2. Recommendation -Approval for the Mayor, City Manager and City Attorney to draft and execute any and all documents necessary pursuant to approval of this Agenda Item. Mr. Richart began the discussion on this Agenda Item. Further comments followed on what communities were included in the Assessment District. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 22 OF 30 Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. Mayor Lacey noted that Resolution 2013-21 was approved. PUBLIC HEARINGS 503. Community Development Department-Planning Division REQUEST: At the request of the applicant, staff is requesting a continuance of second reading of Ordinance 2013-07 to a date certain of August 26, 2013 to preserve advertising. Ordinance 2013-07 proposes annexation of one parcel of land, approximately 4.51 acres in size located on the northwest corner of DeLeon Street and Florida Avenue. FISCAL IMPACT: The proposed annexation of the property allows the subject parcel to be developed into a retention pond and active recreation area for a proposed residential development. Development of the subject property is anticipated to provide an increase to the City's taxable value. A detailed fiscal analysis will be part of the agenda item for the City Commission's consideration of final engineering for the Southern Oaks 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-AUGUST 12,2013 PAGE 23 OF 30 This item was advertised in the Orlando Sentinel on July 18, 2013 and July 25, 2013 in accordance with Florida Statute 171.044.Additionally,the property has been posted with a large yellow sign. RECOMMENDATION: Staff recommends continuing second reading of Ordinance 2013-07 to a date certain of August 26, 2013 to preserve advertising. Mr. Bobby Howell, AICP, Planner, Community Development Department stated, "After conversations with the County, Staff is requesting to change the date of the Public Hearing for the Mermel Property Annexation to a date certain of September 9th, instead of August 26th which is noted in your Agenda packet." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. Mayor Lacey asked, "Is there a Motion to continue this to a date certain of September 9th..." "...SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a public hearing for First Reading of Ordinance 2013-10, which proposes to administratively rezone 2.9 acres of property located on the east side of Winding Hollow Boulevard just south of State Road 434,from C-2 (General Commercial)to C-1 (Neighborhood Commercial). FISCAL IMPACT: The proposed administrative rezoning of the property from C-2 (General Commercial) to C-1 (Neighborhood Commercial)facilitates development of a project that will add to the City's commercial tax base. A detailed fiscal analysis will be presented to the City Commission along with the request for final engineering approval. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 24 OF 30 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. Both the Winding Hollow Homeowner Association (HOA) president and property owners within one hundred fifty (150) feet of the subject property have been notified by US mail. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for First Reading of Ordinance 2013-10, which proposes to administratively rezone 2.9 acres of property located on the east side of Winding Hollow Boulevard just south of State Road 434, from C-2 (General Commercial) to C-1 (Neighborhood Commercial). "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2013-10 by"Title"only. Mr.Randy Woodruff,AICP, Senior Planner, Community Development Department briefly spoke on this Agenda Item. Mayor Lacey opened the "Public Input"portion of the Agenda Item. Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: speaking on behalf of the President of the Winding Hollow Homeowner's Association, Ms. Dzamba asked about the Code and whether this was just a zoning change, and noted that in past conversations "We were told that the other side was not going to be developed for some time." Mr. Woodruff addressed this comment by saying, "At this time, the Applicant is seeking to ensure all entitlements. It's our understanding that they will not proceed with development on the east side until the west side has been built out." Mayor Lacey closed the "Public Input"portion of the Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 25 OF 30 "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Lacey noted,"Ordinance 2013-10 is moved to Second Reading. REGULAR AGENDA REGULAR 600. Not Used REGULAR 601. Not Used REGULAR 602. Police Department REQUEST: The Police Department and the City Manager request the Commission receive information from the Police Department concerning on-street parking regulations in the City and provide direction on whether these regulations should be modified or repealed,in whole or in part,going forward. FISCAL IMPACT: There is no fiscal impact associated with this 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. Notification of this agenda item has been provided in the City's recent newsletter and via e-Alert. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 12,2013 PAGE 26 OF 30 RECOMMENDATION: It is recommended that the Commission choose one of the following options: 1. Adopt provisions of the current temporary moratorium as a permanent ordinance. 2. Make no change to existing on-street parking prohibitions and restrict residents and visitors from using the city streets for parking. 3. Extend the current temporary moratorium an additional six (6) months to permit the police department to continue to assess this situation. 4. Any other course of action deemed appropriate by the Commission. Tape 2/Side A Chief Brunelle began an overview of this Agenda Item. Much discussion. Mr. Brian Fields, P.E., City Engineer, Public Works Department commented on the different kinds of roads including arterial and collector roads. Commissioner Krebs said to Chief Brunelle, "Have you noticed a large increase in cars or trucks—vehicles,being parked on the street since the moratorium?" Chief Brunelle responded, "I've seen an increase because they now know it's allowed, and they know that they're not going to be in trouble for doing it, but I haven't seen such an increase that sent up any alarms to me." Chief Brunelle added, "They seem to be managing it, they seem to know what the rules are, and they know what they're allowed to do, and they're managing it very well." Further comments followed on different situations and scenarios. Related to a previous comments on garage sales and applicable parking, Commissioner Krebs stated, "Maybe there is something we need to put on our permits that indicate to the person who is pulling it, that it is their responsibility not to impede traffic or anything like that because if we have a party, we have to be responsible for that too so having maybe something on those permits would at least give them a little education where they could ask and know whether or not that is going to be a problem." Mayor Lacey said to Chief Brunelle and Mr. Fields, "If the Commission should choose option `1.', which is to take the terms of the Moratorium and then enact it as a permanent Ordinance, is the list of streets that were adopted in the Moratorium still an accurate list that you think is correct, or do you think there is some work that needs to be done to analyze that still?" Chief Brunelle stated, "I believe that it's an accurate list because we've updated it just as recently as today." Mr. Fields added, "I think we're comfortable with it. We've developed criteria, we've seen it in the holiday Moratorium over the past several years and I think we're at a point now where we're comfortable. With time, we could prepare the Ordinance, so maybe we could maybe tweak that list a little bit,but not much." Mayor Lacey inquired, "Would you want that list to be entrenched in the Ordinance or would you want the City Manager to be delegated authority to change the list as needed?" Mr. Fields suggested, "I would recommend giving the City Manager that authorization, similar to what we did earlier this year with the city-wide speed limit study where if certain conditions or new streets came in that by administrative action the City Manager could take that." Attorney Garganese said, "As long as delegated standards are put in place in the enabling Ordinance, I think that could be worked out, so we can do that." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 12,2013 PAGE 27 OF 30 Further comments followed on designated parking areas, illegally parked cars, a street survey, and streets in the City that might never allow on-street parking. Mr. Fields explained, "We have a street index for every street in the City, over six hundred (600) streets. Any street that does not have a curb, we would recommend that parking not be allowed." Tape 2/Side B Additional remarks continued. "I MAKE A MOTION THAT WE EXTEND THE CURRENT TEMPORARY MORATORIUM FOR AN ADDITIONAL SIX (6) MONTHS IN ACCORDANCE WITH ITEM NUMBER `3." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. "MOTION TO CALL THE QUESTION." MOTION BY COMMISSIONER KREBS. SECONDED. DISCUSSION. MAYOR LACEY CLARIFIED, "TO CALL THE QUESTION AND MOVE THE PREVIOUS QUESTION REQUIRES A TWO/THIRDS (2/3)VOTE. THERE IS NO DEBATE ON IT." VOTE: (ON THE MOTION TO CALL THE QUESTION) COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: NAY MOTION DID NOT CARRY. MAYOR LACEY NOTED THAT THE MOTION WAS "TO APPROVE ITEM `602',OPTION NUMBER `3.' WHICH IS TO EXTEND THE CURRENT TEMPORARY MORATORIUM AN ADDITIONAL SIX (6)MONTHS." FURTHER COMMENTS. "I WILL MAKE THE MOTION TO AMEND THE ORIGINAL DISCUSSION TO INCLUDE DIRECTION FOR THE CHIEF." MANAGER SMITH STATED, "RESPECTFULLY, THE DIRECTION PER CHARTER WOULD NEED TO COME THROUGH MY OFFICE TO THE CHIEF BUT I'LL BE HAPPY TO OBVIOUSLY ENTERTAIN ANYTHING YOU DECIDE." ATTORNEY GARGANESE REMARKED,"I WOULD ECHO THAT BUT ON THE BASIS THAT THE MORATORIUM RESOLUTION THAT WAS ADOPTED, 2013-16 PROVIDED FOR A SIX (6) MONTH MORATORIUM HOWEVER THAT MORATORIUM COULD BE EXTENDED IF ADDITIONAL TIME WAS NECESSARY FOR THE CITY MANAGER TO COMPLETE HIS STUDY OF THE MORATORIUM AND WHAT TO DO IN THE FUTURE. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 28 OF 30 SO, TO THE EXTENT THAT THE COMMISSION WANTS TO EXTEND THE MORATORIUM, YOU HAVE TWO (2) OPTIONS. ONE (1) IS TO GIVE THE MANAGER ADDITIONAL TIME IN WHICH TO BRING BACK MORE INFORMATION RELATIVE TO A STUDY, OR ALTERNATIVELY ADOPT A WHOLE NEW RESOLUTION JUST ESTABLISHING THE MORATORIUM ON SOME OTHER BASIS." REGARDING AN AMENDMENT FROM DEPUTY MAYOR RESNICK, MAYOR LACEY SUGGESTED, "TO ACCOMPLISH WHAT YOU WANT TO DO, WHY DON'T YOU MAKE A MOTION TO AMEND THE CURRENT MOTION TO INCLUDE RECOMMENDATIONS THAT WOULD BE PROMULGATED THROUGH THE CITY MANAGER FROM THE CITY COMMISSION AT LATER TIME." "SO MOVED." AMENDMENT TO THE MOTION BY DEPUTY MAYOR RESNICK. MOTION DIED FOR LACK OF A SECOND. VOTE: (ON THE MAIN MOTION) COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER CARROLL: NAY COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Lacey noted, "The current Moratorium will be extended six (6) months..." Attorney Garganese added, "...For purposes of continuing to access the situation..." Various Commissioners stated,"...Correct." REGULAR 603. Office of the City Manager REQUEST: The City Manager is requesting Commission input and direction on Commission Meeting scheduling for the remainder of calendar year 2013. 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-AUGUST 12,2013 PAGE 29 OF 30 RECOMMENDATION: The City Manager recommends that the Commission provide input and direction on meeting scheduling for the remainder of Calendar Year 2013. Manager Smith introduced this Agenda Item. Discussion. "I WAS GOING TO MAKE A MOTION - THAT WE NOT HAVE THE NOVEMBER 11TH, (2013) MEETING AND WE RESCHEDULE IT FOR (NOVEMBER) THE 18TH, (2013)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY SUMMARIZED, "NOT HAVE THE NOVEMBER 11TH, (2013) MEETING, NOT HAVE THE NOVEMBER 25TH , (2013) MEETING, AND INSTEAD HAVE A SPECIAL MEETING ON NOVEMBER 18TH." VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Related to December meetings of the City Commission, Mayor Lacey stated, "So, we could have the December 9th, (2013) meeting without any conflict; just the December 23rd (2013) meeting that you would recommend canceling." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. No action was taken on any calendar items for 2014, to which Mayor Lacey stated, "We will figure out (20)14 when we get there." PUBLIC INPUT No one addressed the Mayor and City Commission. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 12,2013 PAGE 30 OF 30 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:39 p.m. RESPECTFULLY SUBMITTED: 1. I) AND 111-61"-0 :NZO-LUACES, MMC CITY CLERK APPROVED: MAY CHARLES L = . NOTE: These Minutes were approved at the July 26,2013 City Commission Regular Meeting.