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HomeMy WebLinkAbout2012 03 12 Consent 211 Requesting Approval of The City Commission Regular Meeting Minutes February 27, 2012COMMISSION AGENDA ITEM 211 March 12, 2012 Regular Meeting REQUEST: Requesting the City Commission Ax Commission', Regular Meeting Minutes. SYNOPSIS: ALLL Department 27, 2012 One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and /or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Minutes from the Monday, February 27, 2012 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by the Deputy City Clerk), no other party has required that changes be made to the Minutes before being submitted. Informational Consent X Public Hearings Regular City Manager the Monday, Fe Consent 211 PAGE 1 OF 2 - March 12, 2012 FISCAL IMPACT: There is no Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, 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: The City Commission is respectfully requested to Approve the Monday, February 27, 2012 City Commission Regular Meeting Minutes. ATTACHMENTS: A — Monday, February 27, 2012 City Commission Regular Meeting Minutes. Consent 211 PAGE 2 OF 2 - March 12, 2012 CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, FEBRUARY 27, 2012 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Gary Bonner - Seat Three Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 2 OF 27 CALL TO ORDER The Regular Meeting of Monday, February 27, 2012 of the City Commission was called to Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Gary Bonner present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk, Andrea Lorenzo- Luaces A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department - Planning Division REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 3 OF 27 CONSENT AGENDA CONSENT 200. Police Department REQUEST: The Police Department request the Commission accept the 2012 Florida Department of Law Enforcement - Edward Byrne Memorial Justice Assistance in the amount of $3,666.00 and to utilize these funds to purchase digital Camera's for evidence documentation and case enhancement. FISCAL IMPACT: The potential grant revenues and related expenditures were not included in the FY 2012 Budget pending a decision on award. The Budget was already approved and in effect prior to this grant being awarded. The camera's and associated equipment will cost $3,957.75. The additional $291.75 necessary for the purchases will come out of existing police department operating funds. Therefore, there is no additional fiscal impact on the FY 2012 Budget relative to this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff Recommends the Commission approve the acceptance of the 2012 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance in the amount of $3,666.00 to purchase digital cameras for evidence documentation and case enhancement, and authorize the City Manager to execute any and all required grant reimbursement documents. There was no discussion on this Agenda Item. CONSENT 201. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, February 13, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 4 OF 27 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: The City Commission is respectfully requested to Approve the February 13, 2012 City Commission Regular Meeting Minutes. No discussion. CONSENT 202. Office of Commissioner Joanne M. Krebs REQUEST: Commissioner Joanne M. Krebs requests that the City Commission review and Approve Resolution 2012- 05, in support of proposed Anti - Stalking legislation. FISCAL IMPACT: Approval of Resolution Number 2012 -05 does not impose any fiscal impact on the City of Winter Springs. 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. Commissioner Krebs brought this issue up with the City Commission at the February 13, 2012 Regular Meeting and provided the City Commission with related information. The City Commission agreed to consider approving a Resolution supporting Anti- Stalking at this Regular Meeting. Should Resolution 2012 -05 be Approved, as noted in this Resolution, it would be forwarded to a number of our Legislators and other agencies, including the City of Lake Mary. RECOMMENDATION: Commissioner Krebs recommends the City Commission approve Resolution Number 2012 -05 in support of proposed Anti - Stalking legislation. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 5 OF 27 CONSENT 203. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting that the City Commission consider the request fro the Tuscawilla Homeowners Association (THOA) to donate to the City an amount of $ 2,000. for t purchase and installation of one (1) park bench to be placed in Sam Smith Park. FISCAL IMPACT: None 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 that the City Commission approve the request from the Tuscawilla Homeowners Association (THOA) to donate to the City an amount of $ 2,000 for the purchase and installation of one (1) park bench to be placed in Sam Smith Park. Commissioner Rick Brown suggested that the Tuscawilla Homeowners Association consider, when funds are available, placing a bench at the flagpoles in the median, which could allow the residents to enjoy the flag and the markers they have kindly donated. Deputy Mayor Gary Bonner agreed with this. CONSENT 204. Public Works Department REQUEST: The Public Works Department requests the City Commission approve the Winter Springs Village Phase 1 Replat and authorize the replat to be recorded, subject to satisfaction of all outstanding Staff review comments. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. The applicant is responsible for payment of all review and recording fees. CITY OF W INTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 6 OF 27 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 s 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 approve the Winter Springs Village Phase 1 Replat, subject to satisfaction of all Staff review comments, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. There was no discussion on this Agenda Item. CONSENT 205. Utility Department REQUEST: Utility Department Requesting Approval to Piggyback off the Florida Sheriffs Association Bid Award 11- 19 -0907, Spec #83, for the purchase of one(1) 56KW Generator. FISCAL IMPACT: $43,000 is budgeted and is available under Utility line code #3600 - 64000. 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 approval be granted to piggyback off Florida Sheriffs Association bid #11 -19 -0907, spec #83, for the purchase of one (1) 56 KW generator from Tradewinds Power Corp. for a total cost of $35,856.00 payable from Utility line code 3600 - 64000. No discussion. CITY OF WIN TER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 7 OF 27 CONSENT 206. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission review and approve Resolution Number 2012 -04 offering their Appreciation and gratitude for the service of Ms. Barbara Croswell as a recent Member of the Code Enforcement Board. FISCAL IMPACT: There is no fiscal impact related to Resolution Number 2012 -04, if this Resolution is Approved. 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. Upon Approval of this Resolution, the City Clerk will contact Ms. Croswell on behalf of the Mayor and City Commission, in keeping with what the City Commission has previously requested, and invite Ms. Croswell to attend a future City Commission meeting to receive her Resolution in person, from the Mayor and City Commission. RECOMMENDATION: The City Clerk is requesting that the City Commission review and Approve Resolution Number 2012 -04. This Agenda Item was not discussed. MOTION TO APPROVE CONSENT AGENDA. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 8 OF 27 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Office Of The Chief Of Police REQUEST: Presenting an "Appreciation Plaque" to Dr. Jerry Eans, Winter Springs Veterinary Clinic and to the �.. Highlands Homeowner's Association for their valuable contributions to the City of Winter Springs. Chief Brunelle presented a plaque to Dr. Jerry Eans and his wife Barbara, and also to Mr. Bob Henderson on behalf of the Highlands Homeowner's Association for their very generous contributions and kindness. AWARDS AND PRESENTATIONS 301. Office Of The City Manager And Office Of The Chief Of Police REQUEST: Presenting an Award offering our thanks and appreciation from the City of Winter Springs to K -9 "Mark" in honor of his retirement. Chief of Police Kevin Brunelle then presented a plaque to "Mark" and Corporal Kevin Crager, Police Department in honor of their selfless and dedicated efforts to the City of Winter Springs. In other City business, Resolution 2012 -04 was presented to Ms. Barbara Croswell with appreciation for her work as a former Member of the Code Enforcement Board. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese stated, "Regarding the Sixth Amendment, the Settlement Agreement with the Tuscawilla Country Club, if you recall, a condition of recording that was that the City would receive all of the Easements necessary for the Tuscawilla Greens project and we've received all of those Easements; so, we're moving with recording that Sixth Amendment, the Settlement Agreement." REPORTS 401. Office Of The City Manager — Kevin L. Smith City Manager Kevin L. Smith asked the City Commission to hear some information regarding the Journeys Academy as "You all had asked for an update." Chief Brunelle gave an update on recent conversations and research related to Journeys Academy students being transferred to Winter Springs High School including statistics, Contracts, and criminal activities. Chief Brunelle noted, "I can tell you though, that I am going to stay on top of this. The Police Department is going to continue to have a heavy presence over there, when we're able to, to make sure that anybody, whether it be a Journeys (Academy) child, whether it be a Seminole High (School) student or whether it be a Winter Springs student that's districted for Winter Springs - let them know that we're not going to tolerate it." C ITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 9 OF 27 Continuing, Chief Brunelle reviewed statistics related to Journeys Academy students, Winter Springs High School, criminal activities, and communication efforts. Commissioner Joanne M. Krebs spoke of her concern with the email that Winter Springs High School Principal Dr. Michael Blasewitz had sent which seemed to be contradictory to what the Commission had been informed about; and asked for clarification on who the Chief thinks should meet with the Seminole County Public Schools -.—� School Board to further review this matter. Chief Brunelle stated, "I think the more who are in the know of what's going on and why they've decided to send the children over here." Chief Brunelle also said, "I was concerned that in a two (2) year period of time over at Journeys (Academy), they had two hundred reported incidents over there and if those contracts are being enforced over there, why are there 200 criminal incidences going on at Journeys (Academy) — so I want to make sure that doesn't happen over here." Commissioner Krebs suggested, "I too would like to know that; and so then I would wonder if the Commission — I am sure there are people up here that would like to know that too; and then perhaps, ask the City Manager to arrange a joint meeting - regarding some of these questions or issues, or maybe you have a better idea of where to start from." Manager Smith mentioned that Mayor Lacey, Chief Brunelle, and he had had met with Dr. Blasewitz, Principal of Winter Springs High School and Mr. Walt Griffin, Executive Director of Secondary Education, Seminole County Public Schools to discuss this matter. Commissioner Krebs added, "I am just concerned the School Board doesn't even know and makes decisions not totally based on being in the know." With further remarks, Chief Brunelle said, "We made it clear to them and they made it clear to us that they were going to communicate with us and that they wanted to know." Commissioner Krebs added, "Those very people that we Elect to the positions that they are in, may not be aware of some of what is happening, yet they are Voting on changes within the School District and things like that without even having that knowledge, and I guess those people need to know as well." Chief Brunelle said, "Correct." Mayor Lacey said, "Communication is key and it is also very difficult because one thing, I have had School Board Members tell me directly, Journeys (Academy) kids never cause any problems because they have got this contract; but then when you dive into it a little bit more, you find out well, but if they have been out of Journeys a year, they are not considered Journeys kids anymore; so, there is no tracking of that." Mayor Lacey then commented on other exceptions - and agreed that perhaps the School Board Members are not aware of some of the exceptions. Commissioner Krebs agreed with this. Mayor Lacey noted, "Dr. Blasewitz expressed a desire to come here on a regular basis — to be available to us at our Commission Meetings; so, we should be seeing him in the future." Discussion followed on one -on -one meetings with School Board Members. Chief Brunelle then commented on his Department being pro- active and noted, "I am going to take a zero tolerance to any criminal activity on that campus. " Commissioner Krebs said to Chief Brunelle, "If you write anything up or you have any [Non Police] report — or summary on any of this, I would really like a copy." Chief Brunelle responded, "Absolutely." Manager Smith noted, "The Chief is quite frankly, all over this - we'll come back and report to this body on a periodic basis, when we have information, so you all know exactly what's going on." CI TY O F WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 10 OF 27 With further comments, Commissioner Brown suggested that all of the meetings and everything that we do wit�� the School Board needs to be in a formal setting and needs to be on the Record in order for us to be able to hol them accountable." Commissioner Krebs said, "Good point." _ Additionally, Commissioner Brown noted a discussion he had with Winter Springs resident Mr. Kevin Canno who had spoken with Mr. Griffin about Winter Springs students. Commissioner Brown added, "I would like t make sure that they understand every step of the way that it is their job to make sure they provide a saf environment for our residents, and our teachers, and our students — and it doesn't really matter where those kids` come from." Commissioner Brown then mentioned that Mr. Cannon had suggested that we "Put together a Citizens Committee, a Winter Springs independent School Ad Hoc Committee, whatever we want to call it, made up of interested Attorneys and CPA's (Certified Public Accountants) and other members of the community who have a vested interest in our schools, who have students in our schools; to be a watchdog over what is happening at the School Board, to keep us informed, to keep residents informed, and to be beholden to us but also be a part of that formal process in looking at Budgets and understanding their budget requirements..." Commissioner Krebs remarked, "...I would support that." Continuing on this thought, Commissioner Brown and Commissioner Krebs suggested bringing back an Agenda Item; to which Commissioner Brown added, "Can we do that ?" Manager Smith stated, "If that's the Consensus of this body, yes Sir." Commissioner Krebs then suggested, "Bring it back as an item so we can discuss it further and decide right then and there." Commissioner Jean Hovey nodded in favor of this. No objections were voiced. Mayor Lacey asked the Commission what they would like Manager Smith to do. Commissioner Brown suggested, "I think just put it on an Agenda when we can have ample time to discuss it..." Commissioner Krebs agreed saying "...Exactly." Mayor Lacey summarized, "The will of the Commission." Further comments followed on Seminole High School, where the students from Journeys Academy went, contracts, and Magnet Programs possibly being relocated. Commissioner Cade Resnick asked if we could try to get one of the Magnet Programs to Winter Springs. Discussion continued on statistics, infractions, and violations. Regarding data about the infractions and which students are committing crimes, Chief Brunelle stated, "When I have those numbers, you'll be the first to know that." Mayor Lacey stated, "We are getting close to what I think is the real issue and that is that we have got a High School here that has our name on it, but we have absolutely no control over what happens there or who attends there and yet if someone is coming to bring a business to Winter Springs, they are going to go look at Winter Springs High School and make judgments about our community based upon what they see there." Additionally, Mayor Lacey stated, "It is very important to us that Winter Springs High School reflect the Winter Springs community — so, we encouraged them and I have asked the Commission to do the same, in whatever form you can provide that Winter Springs High School will be about Winter Springs' kids, as much as possible." Brief discussion continued on recent arrests. Manager Smith asked, "Is the Commission — satisfied with the information; that it meets what you all were looking for; and that again, we'll come back to you all as much and as often, as we see necessary to make sure you all are fully up to speed on this issue." Members of the City Commission nodded in agreement. CITY OF WIN TER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 27, 2012 PAGE 11 OF 27 Next, information related to an email sent out last week from Ms. Stephanie Wolfe, Water Conservation Coordinator, Public Works Department was addressed by Manager Smith. Manager Smith explained it was the first step in the communication process; and that it was followed by an eAlert which went out today. Tape 1 /Side B Manager Smith explained, "Progress Energy by law, has the ability to "Trim trees to clear their power lines." Some slides related to recent trimming by Progress Energy were then shown. Manager Smith added, "Again, it's certainly within their right to do this; and the City - has no control over this trimming." Manager Smith added, "Those trees that have not reached power line height, actually fifteen feet (15') or less I believe — we're going to attempt to do some re- location and/or re- plantings of those trees to provide trees that do have the best chance for success." Mr. Steve Richart, Urban Beautification Division Services, Community Development Department further commented on this process. With further discussion, Deputy Mayor Bonner inquired, "Will you be bringing back a detailed plan timing calendar, types of trees and so on, yet to come, that we will be able to share with citizens as this project unfolds ?" Manager Smith responded, "Yes Sir. Again, this was just the first step in our extensive, elongated communication process." Additional remarks from Mr. Richart continued. Deputy Mayor Bonner then remarked, "The ones between Vistawilla (Drive) and Tuscora (Drive) are more mature - and were even more dramatically affected by this recent trimming exercise; so, I think that is where the residents are going to have the greatest amount of bond with those trees. And so we want to take a very careful effort to make sure that they understand; so, there may be an opportunity for us to offer choices for example, and the residents might appreciate the opportunity to perhaps choose the replacement tree that will be in the right -of- way that abuts their immediate property." Manager Smith said to Deputy Mayor Bonner, "Everything that you just articulated is the plan. Yes, Sir." Deputy Mayor Bonner added, "I appreciate the effort that is being taken on behalf of enhancing our canopy and the right tree at the right place and embracing the residents concern as those are addressed — thank you; just keep us informed, will you please, is my request." Manager Smith stated, "Yes, Sir." Furthermore, Manager Smith said, "Our intent is not to take down the huge, mature live oak trees that have been trimmed, but rather the smaller trees that have not matured to that point, that we can potentially save and relocate or replace. We don't intend to take those other trees down at all." Mr. Richart added, "I just wanted to make sure everybody knew, that this was a City -wide program. It's not just in Tuscawilla. It's something we're doing throughout the City. Progress Energy is on a three (3) year schedule for these." Discussion. Manager Smith remarked, "We're very fortunate to have folks like Stephanie (Wolfe), Steven ( Richart), and Randy (Stevenson, ASLA, AICP, Director, Community Development Department) — that care about our tree canopy. They care about what's going on with the arbor in the City." CITY OF WINTER SPR INGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 12 OF 27 C! REPORTS 402. Office Of The City Clerk — Andrea Lorenzo- Luaces, MMC No Report. REPORTS 403. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey noted that the Seminole County Regional Chamber of Commerce is having a Mayor's forum this coming Thursday morning, March 1, 2012 at 7:30 a.m. at the Hilton Hotel in Altamonte Springs. Secondly, Mayor Lacey said that the Oviedo - Winter Springs Regional Chamber Of Commerce is holding a Golf Tournament on Wednesday, March 21, 2012 and as Trustees, the City can participate. Deputy Mayor Bonner was said to be interested. REPORTS 404. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey mentioned that she had resigned from serving as Florida Parent- Teachers Association (PTA) President to accept the position as Florida Parent - Teachers Association's Executive Director. Members of the City Commission offered their congratulations to Commissioner Hovey. REPORTS 405. Office Of Commissioner Seat Two — T Honorable Rick Brown Commissioner Brown mentioned that yesterday, the Diocese of Omaha began the Canonization process for Father Flanagan of Boys Town of Central Florida and mentioned that there will be a Prayer Service on March 17` 2012. REPORTS 406. Office Of Commissioner Seat Three/Deputy Mayor — The Honorable Gary Bonner Deputy Mayor Bonner asked Manager Smith about the Survey that has been completed for Units 12/12A and the notification process. Mr. Richart advised that information went out to ninety -two (92) residences last week. REPORTS 407. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Resnick spoke of an Oviedo - Winter Springs Regional Chamber Of Commerce Chamber meeting last week that addressed a book drive called "Books from the Heart" and mentioned that if anyone had any lightly used books for all school aged children, that such donations would be very appreciated. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 13 OF 27 Secondly, Commissioner Resnick commented on the upcoming Winter Springs "Relay for Life" event being held on April 28` 2012 with a start time of 2:00 p.m. at Winter Springs High School. Concluding his Report, Commissioner Resnick spoke of the recent Parks and Recreation Department / "Winter Springs Babe Ruth Opening Day Ceremonies" and offered his thanks to all for a great event. REPORTS 408. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs asked Mr. Richart about a tree in Oak Forest that had been removed and then replaced. Mr. Richart advised that the tree had been removed as it was diseased. Commissioner Krebs said she would have appreciated knowing about the tree before the change. Next, Commissioner Krebs offered her appreciation to all who had contacted their Legislators with input on recent Bills being considered by the Legislature. Lastly, Commissioner Krebs said she had read an article about the new Dental Clinic project that Commissioner Resnick's Leadership Seminole Class had worked on and stated, "Good luck and really good job!" Mayor Lacey welcomed former Mayor Paul P. Partyka who was in the audience. PUBLIC INPUT Mr. Terry Zaudtke, 2065 Wiggley Farms Road, Sanford, Florida: presented to the City of Winter Springs, a framed photograph he had taken of eagles near the Winter Springs Town Center. Mr. Bob Henderson, 635 White Ibis Court, Winter Springs, Florida: remarked about some recent fires in some Highlands condominiums and how impressed he was to see that Building Official Michael Scheraldi was there to assist the residents and make sure they were taken care of; and complimented the City on the excellent customer service provided by Building Official Michael Scheraldi. Mr. Kevin Cannon, Esquire, Post Office Box 3151, Orlando, Florida: commented on issues related to Seminole County Public Schools and how it affects Winter Springs' schools; and asked the City Commission to consider creating an Advisory Board/Committee with membership to include Parent- Teachers Associations (PTA's) and whoever else the City Commission would consider appointing to such a Board/Committee. Discussion ensued on Seminole County schools. Mayor Lacey said to Mr. Cannon, "The Commission has asked the City Manager to put together an Agenda Item specifically to discuss doing that and we would invite your participation." Mr. Cannon stated, "I'd be happy to do that." Furthermore, Mr. Cannon remarked, "Most of the parents that I spoke with probably wouldn't be able to sit down and look at some of the financial spreadsheets; not just from a fiscal standpoint, but also from a governmental fiscal standpoint like your office could Kevin — and so, just having the ability for us to work collectively and collaboratively as a community to assist the School Board in steering their new path." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 14 OF 27 Discussion followed on a conversation Mr. Cannon had with Mr. Walt Griffin, Executive Director of Secondary Education, Seminole County Public Schools related to the overcrowding at Seminole High School; School Board Members; and keeping the children safe at schools. Further comments ensued on working with the School Board; quality of the community; and concerns with keeping schools safe for the students. Deputy Mayor Bonner thanked Mr. Cannon and suggested a magnet program be re- located to Winter Springs, to which Mr. Cannon agreed. Continuing the discussion, Deputy Mayor Bonner mentioned the issue of Economic Development to Manager Smith and noted that a Health Magnet Program might be a great idea for Winter Springs High School, as Medical City is in the Central Florida area and might work well within the desired location of the GreeneWay and State Road 434. Discussion continued on Magnet Programs; whether Winter Springs High School had Magnet Programs; and what Magnet Programs were at other Seminole County schools. Mr. Cannon mentioned that in discussing these issues with Mr. Griffin, "I said to him, has the District explored the wisdom of not concentrating a large number of the young men and women coming out of the Journeys (Academy) program, but rather, disseminating them in an equitable way ?" Mr. Cannon thought that in the next discussion with the School Board, that this could hopefully be addressed. Further discussion. Mr. Cannon added, "It is critical in my humble opinion, that we proactively are engaged on the front end of how these attendance boundaries are going to be drawn." Mayor Lacey added, "That is one of the core issues - the attendance boundaries. Mr. Cannon then said, "But also the Magnet program, as well." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Community Development Department requesting the City Commission adopt on Second Reading Ordinance 2012 -07 establishing local regulations applicable to secondary metals recyclers and other similar non - hazardous recyclers. FISCAL IMPACT: Ordinance 2012 -07 has no direct fiscal impact on the City of Winter Springs. The Ordinance establishes allowable hours of operation for purchase transactions at secondary metal recyclers that would be more flexible than the restricted hours currently proposed by the Florida Legislature. The restricted hours as proposed by the Legislature could have a detrimental fiscal impact on the businesses that conduct secondary metal recycling and the residents that use these services. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 15 OF 27 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. The legal advertisement for the Second Reading of Ordinance 2012 -07 was posted in the Orlando Sentinel on February 16, 2012. RECOMMENDATION: Staff recommends the City Commission approve Ordinance 2012 -07 on Second Reading. Attorney Garganese read Ordinance 2012 -07 by "Title" only. Mr. Stevenson began the discussion on this Agenda Item and stated, "We did find out the House Bill 886 and Senate Bill 540 as currently proposed, have been amended and to mirror the hours that we have in our Ordinance, 7:00 [a.m.] to 7:00 [p.m.] Monday through Sunday." Further comments. 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. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. MAYOR LACEY SUMMARIZED, MOTION "TO APPROVE ORDINANCE 2012 -07 ON SECOND READING." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 16 OF 27 PUBLIC HEARINGS 501. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission consider on second reading the adoption of Ordinance 2011 -16 which proposes text amendments to Chapter 5, Tree Protection and Preservation, as recommended for approval by the Planning and Zoning Board on December 7 2011. FISCAL IMPACT: There is no direct fiscal impact associated with the Commission's action on Ordinance 2011 -16. 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. First reading of this amendment was approved at a Regular Commission Meeting on February 13, 2012 under Public Hearings Item 500. Second reading of this amendment was advertised in the Orlando Sentinel on February 16, 2012. Draft Ordinance 2011 -16 was reviewed and approved with modifications by the Planning and Zoning Board on December 7, 2011. The Beautification of Winter Springs Advisory Board was provided a copy of the draft Ordinance at their January 3rd, 2012 Meeting. RECOMMENDATION: Staff is recommending that the City Commission approve the adoption of Ordinance 2011 -16 upon second reading, which proposes text amendments to the Chapter 5, Tree Protection and Preservation Ordinance. Attorney Garganese read Ordinance 2011 -16 by "Title" only. 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 DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. DEPUTY MAYOR BONNER STATED, "WERE WE TO PASS THIS, THIS EVENING, I WOULD REQUEST THAT STAFF GIVE SERIOUS CONSIDERATION TO GOING BACK THROUGH THE RECORDS AND LOOKING AT THE INCIDENTS WHERE CITIZENS HAVE PREVIOUSLY BEEN DENIED UNDER THE PRIOR RULES THAT EXISTED AND BE INFORMED OF THE OPPORTUNITY TO TAKE ADVANTAGE OF THE ORDINANCE AS IT CHANGES SO THAT THEY COULD PROCEED IF ITS THEIR WISH WITH THE MODIFICATION TO THEIR TREE ISSUES THAT MAY BE IMPACTING THEIR HOME." MANAGER SMITH STATED, "WE'RE DOING JUST THAT SIR." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— FEBRUARY 27, 2012 PAGE 17 OF 27 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing for the first reading of Ordinance 2012 -06, the re -write of the Town Center District Code. I� f.Y�7f1ui��1� While there is no direct fiscal impact to the City as a result of the Code re- write, staff is of the opinion that the new code language will facilitate more diversified development in the Town Center, which will have a positive fiscal impact to the City's tax base. 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 February 16, 2012. RECOMMENDATION: Staff and the Planning & Zoning Board recommend that the City Commission approve the first reading of Ordinance 2012 -06, the re -write of the Town Center District Code, and move said Ordinance forward to second reading. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012 -06 by "Title" only. Mr. Stevenson addressed the City Commission on the next two (2) Public Hearings Agenda Items. Tape 2 /Side A CIT OF W I N TER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 18 OF 27 Mr. Bobby Howell, AICP, Planner, Community Development Department reviewed the different Transect Codes, new provisions, signage, and other revisions. Cnaz 1 Deputy Mayor Bonner offered his "Compliments to Staff. I can understand the magnitude of this undertaking." Mayor Lacey opened the "Public Input" portion of the Agenda Item. V=7 Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: commented on this being important to the concept of the Winter Springs Town Center and thought this was a good solution. Mr. Partyka thanked City Staff and the Mayor and the City Commission, and suggested that a Press Release be issued on this. Mayor Lacey closed the "Public Input "portion of the Agenda Item. Deputy Mayor Bonner then commented on a "Very small irregularly shaped lot which is at the entrance to our Central Winds Park and High School." Deputy Mayor Bonner mentioned a Developer interested in this property and stated, "I just want to make sure that in a T3 [(Suburban Zone)] designation, we could have single story Commercial ?" Mr. Howell explained, "The single story — we have a couple of asterisks in there. It's says there should be a one foot (P) minimum raised first floor height above the side walk for residential uses. I would think though based on that it doesn't really specify that commercial has to be multi -story so based on that interpretation I believe it could be one (1) story." Deputy Mayor Bonner then asked, "Does Staff feel that they have the latitude necessary to work with applicants in a T3 [(Suburban Zone)] designation were a proposal to come forward that met with our aesthetic guidelines and so on and appropriate uses that we deem necessary to have a single story commercial structure built within the T3 ?" Manager Smith said, "Yes, Sir." The second parcel that Deputy Mayor Bonner inquired about "Is across the street from that particular parcel, there is another parcel which I have also in my years of this service had an opportunity to meet with some applicants for that particular parcel." Deputy Mayor Bonner mentioned that this parcel does not seem to be within the Town Center. Mr. Stevenson stated that that parcel "Is not in the Town Center. It was the subject of a Development Agreement. That's known as the commercial part of Heritage Park and part of the Development Agreement there was that that commercial parcel would develop in accordance with the Town Center Code on several things such as street frontage, two (2) story buildings, things of this nature. So, it is not in the Town Center but there was also an out whereby a Developer could request to be relieved of — I think there were three (3) separate items Anthony (Garganese), that were encapsulated into that document." Deputy Mayor Bonner asked, "Were we to change the Town Center Code as proposed by this item, how does that affect that Developer's Agreement and how does that affect the treatment of that parcel, relative to the new choices of designations, T5 [(Urban Center Zone)], T4 [(General Urban Zone)], T3 [(Suburban Zone)] and so on. How would that unfold in some prospective development of that parcel which is bound by that Developers Agreement. How does that take place ?" Attorney Garganese said, "We'd have to go and take a look at that Development Agreement and let you know before the next meeting. I don't have that Agreement in front of me — it does go back some time, maybe about ten (10) years." Deputy Mayor Bonner remarked, "Okay." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 19 OF 27 Deputy Mayor Bonner then asked, "Is there an approach that says that that parcel possibly should be incorporated into the Town Center development plan and then have an official designation and therefore create a — modification to the Developer's Agreement or it would be a decision that this body could undertake to say, there are parcels that possibly now we may want to consider bringing into the Town Center PUD (Planned Unit Development) because that might be the more prudent course of action which would allow the designation to take place and maybe do away with some of that confusion that you may be about to undertake there Anthony ( Garganese)." Attorney Garganese noted, "There's a binding Development Agreement on the property, so that property owner had rights under the Development Agreement, as well as the City. Whether or not the new proposed new Town Center Code is more advantageous for the property owner to develop, is an issue that if it was, they could seek an Administrative Re- Zoning or request an Amendment to the Development Agreement." Attorney Garganese said he would review this matter. With further comments, Deputy Mayor Bonner referenced the Post Office and a parcel immediately behind it and noted, "Possibly that parcel may be a parcel that this body or a future body would want to entertain its incorporation into the Town Center PUD (Planned Unit Development)." Mr. Stevenson commented, "It's certainly a possibility." Mr. Stevenson noted that he would look into this. Discussion. Deputy Mayor Bonner referenced the southern border of the Town Center and "A certainly uplands parcel here which is almost surrounded by or is bordered by Town Center on three (3) sides" and said that his constituents were very interested in the future use of that property. Deputy Mayor Bonner suggested "It may make sense for us to look at whether or not we want to bring this parcel into our Town Center PUD (Planned Unit Development) so that future plans for that parcel, the residents that have that concern, can certainly know that it was subject to the Zoning and the vision that we have for the Town Center." Manager Smith said, "What I think I'm hearing you say is that we need a comprehensive analysis of all contiguous properties to the Town Center for potential inclusion, if appropriate, into the Town Center." Deputy Mayor Bonner stated, "Yes, you are following." Manager Smith added, "And, we will do that." With further remarks, Deputy Mayor Bonner then mentioned another parcel "Right across the street here which again is a parcel that I know the residents that I represent have a keen interest in its future use as well." Mr. Stevenson noted, "Anything that happens in here also would be subject pursuant to some agreements and I don't have the specific ones but they would be subject to a public Charrette which will also give the public the input they need, not only on the design but whether or not it is included in the Town Center and if it is, in which Transect." Deputy Mayor Bonner added, "Those neighbors I know — some of those residents, were the residents that brought forward so appropriately in the Workshop the need for this transitional change and I know that bringing the end result of this to be that that incorporation would be there, to help soften that transitional change - I think would go a long way towards appeasing concerns that I have heard voiced in the past." Mr. Stevenson stated, "Yes, Sir." Further brief comments followed on the L.D. Plante property. "MOTION TO MOVE TO SECOND READING." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CI TY O F WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 20 OF 27 MAYOR LACEY SUMMARIZED, MOTION "TO MOVE ORDINANCE 2012 -06 TO SECOND READING." VOTE: a COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE' COMMISSIONER BROWN: AYE DEPUTY MAYOR BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing for transmittal of Ordinance 2012 -05, amending the Comprehensive Plan related to both the Town Center and Greeneway Interchange District (GID) along with associated amendments to Policy 1.1.1: Land Use Categories. FISCAL IMPACT: The amendment is not expected to have any negative fiscal impact. To the contrary, staff feels that these revisions will lay the groundwork in the Town Center and GID areas to facilitate additional context sensitive mixed -use and target industry uses along with appropriate ancillary uses that could represent a significant positive impact to both the residential and non - residential tax base of 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. January 22, 2012 — Public Noticing in Orlando Sentinel of LPA Public Hearing February 1, 2012 -Local Planning Agency Review and Approval February 16, 2012 - Public Noticing in Orlando Sentinel of Public Hearing - Transmittal February 27, 2012 - First Reading of Ordinance 2012 -05 transmitting the proposed Comprehensive Plan Amendment CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 21 OF 27 RECOMMENDATION: Staff and the Local Planning Agency recommend that the City Commission hold a Public Hearing for first reading and transmittal of Ordinance 2012 -05 to the Florida Department of Economic Opportunity as required by Florida Statute 163.3184(3) Expedited State Review Amendment Process. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department addressed the City Commission on this Agenda Item and noted a few revisions. Mr. Woodruff remarked, "Staff is currently working on getting a Consultant on board in order to perform the necessary Economic Study that's required in the Town Center." With further comments, Mr. Woodruff advised, "We're looking to transmit to the State on Friday, and then bring this back to you on April 23` (2012) for a Second Public Hearing and for Adoption." Mayor Lacey asked, "Is there a Motion to read by `Title' only ?" "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012 -05 by "Title" only. Mayor Lacey opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Lacy closed the "Public Input "portion of the Agenda Item. MOTION TO MOVE TO SECOND READING. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: PUBLIC HEARINGS "504" IS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGES 26 -27 OF THESE MINUTES. ❖❖ PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 504. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission consider approval of: 1) the Final Engineering Plan for Jesup's Landing, and 2) modification to the Developer's Agreement for Jesup's Landing, a 171 -unit townhome development located on the south side of Orange Avenue in the Winter Springs Town Center. Y CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 22 OF 27 FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Townhomes (171 units) Units (2,155 square foot average) assessed at $90 /square foot: (2,155 x 90 = 193,950 x 171 units = $33,165,450) $33,165,450/1000 = 33,165.45 33,165.45(2.5814) _ $85,613.29 $85,613.29 (less the 4% statutory discount) _ $33,165,450 assessed tax value $82,188.76 tax revenue Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $4000 assessed per platted lot: (185 platted lots x 4000 1unit = $740,000) $740,000 assessed tax value 740,000/1000 = 740 740 x 2.5814 = $1,910.23 $1,910.23 tax revenue Total Potential Tax Revenue: $84,098.99 (82188.76 + 1910.23 = 84098.99) COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media /Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. A yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff and the Planning & Zoning Board recommend that the City Commission approve: 1) the Final Engineering Plan for Jesup's Landing, and 2) modification to the Developer's Agreement, subject to the City Attorney's review and approval, and authorize the City Manager to prepare and execute any and all applicable documents. Mr. Howell introduced the Agenda Item for consideration. Attorney Garganese stated, "Just one change to the Modification to the Development Agreement, we are recommending just making one additional paragraph added to the Agreement — a new paragraph 4. You will recall the Developer is required to complete Final Engineering and Final Plat within eighteen (18) months of the original Development Agreement being Approved and I am holding that original Development Agreement in Escrow pending the completion of those Permits. So, my recommendation is to just add one (1) provision in as a new paragraph 4., that this Modification is subject to the same special Effective Date Termination Escrow and recording provisions of the original Development Agreement." Discussion followed on fire truck access and access points, and retention ponds. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 23 OF 27 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. Deputy Mayor Bonner asked about garages and parking spaces. Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "They listened to us. We said there is a concern about visitor parking; so, compared to the previously approved development they have fewer units and more parking spaces, a better parking ratio. They have in this development, all units have a two (2) car garage - so that really helps; plus a number of - I call them `Small little pods of visitor parking' in here, which the previous development did not have." "MOVE FOR APPROVAL." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER BROWN. DEPUTY MAYOR BONNER ADDED, "INCLUDING THE ADDITIONAL LANGUAGE IN PARAGRAPH 4. THAT THE ATTORNEY REQUESTED." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission hear a presentation from the Beautification of Winter Springs Board related to their membership, efforts, accomplishments, and any issues they may wish to discuss. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 27, 2012 PAGE 24 OF 27 The Office of the City Clerk has provided information via emails regarding the Mayor and City 4=t . Commission's interest in hearing from the Beautification of Winter Springs Board. This was also addressed at the Beautification of Winter Springs Board's recent meeting in preparation for meeting with the City Commission.a RECOMMENDATION: The City Commission is requested to hear from members of the Beautification of Winter Springs Board'" °' and discuss any matters they deem of interest with the Beautification of Winter Springs Board and City Staff, as applicable. Chairperson Roberto Carlos Acevedo, Vice Chairperson Larry Chmura, Board Member Alice Bard, and Board Member Lorry Roero introduced themselves to the City Commission. Chairperson Acevedo presented a PowerPoint presentation which reviewed many of the accomplishments of this Board. Discussion followed on how many historic trees are in the City and how tree age is determined. Tape 2 /Side B Further comments. Vice Chairperson Chmura mentioned they were interested in developing a "Community Enhancement Program and we may include things like a `Yard of the Month' or a `Business of the Month' Award' to citizens or businesses in the City." Chairperson Acevedo then stated, "We need funds. I will come out and say it. We need money — to go ahead and have our preservation and revitalization projects." Mayor Lacey suggested, "The proper way for that to happen is for Steve (Richart) to represent you to the City Manager when we do our Budget deliberations, coming up fairly soon now." Deputy Mayor Bonner asked, "I am wondering if you have a long range plan or particular projects that are envisioned that would aid our beautification, aid our property values, aid our Economic Development, and therefore be candidates for funding consideration ?" Vice Chairperson Chmura mentioned their "Neighborhood Improvement Grant Program" and explained, "The majority of the programs that have come to fruition, have been successful. We would like to be able to continue to do that. But we understand we don't have the funds at this time." Deputy Mayor Bonner remarked, "Is that an item that Staff could aid you with in terms of your vision, because you all are providing the vision, right? So, the vision where Staff could get their hands around some dollars and cents of it and have that come back to the Commission where we could entertain that as a potential budget item, if we see the economic benefit to the community obviously. In my view, there would be support for those initiatives that we can really see some tangible return; and even if it is in the long range." Deputy Mayor Bonner commented on Community Redevelopment Agency (CRA) Development and S.E.E.D. (Seminole Economic Enhancement District) monies as possible funding sources. Continuing, Deputy Mayor Bonner referenced a recent presentation by the Bicycle and Pedestrian Advisory Committee and stated, "They have undertaken a very exhaustive long range sort of view about all the potential future bicycle paths and pedestrian paths that potentially could come into existence within our City, beyond what we all know and use and enjoy today. CITY O F WINTE SPRINGS FLORIDA MIN CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 25 OF 27 Certainly as those assets are envisioned and studied by Staff, certainly we would want to bring those assets into our City beautified — we would want them to be attractive as well as functional and so that may be a situation where you all in your service and that Committee in its service, are working together on sort of a Master Plan and of course, that would come back to the question of funding and grant sources and various dollar sources, in the long range vision of the Beautification of Winter Springs as well as pedestrian and bicycle access. I could see how you all could really start working together as it were, to the extent that is permitted and how that is done."i Furthermore, Deputy Mayor Bonner said to the Beautification of Winter Springs Board Members, "Thank you for the work that you and your predecessors have done on the beautification of our City. It certainly resonates in our property values." Chairperson Acevedo added, "I don't believe in using any General Funds at all for any of the projects that we proposed — I am a firm believer in keeping as much money in the pocket as possible. I just hope that you continue to lend Mr. Richart to us and he is a very smart man and I know he has done a great job at finding ways through Grants and things like that for us to be able to fulfill our projects. I know that we come before you asking about funds and we are not giving you any numbers and things like that and I know that makes it quite difficult as a result; but I assure you that that is something that we will be working on and present that to you." Mayor Lacey and Members of the City Commission thanked the Beautification of Winter Springs Board. Further brief comments. PUBLIC INPUT Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: addressed the City Commission on Public Hearings Agenda Item "502" and in terms of the L.D. Plante property mentioned, "When we were presented with the Affordable Housing project that was presented by Atlantic Housing (Partners, LLLP), after the Public Hearing that evening, or the meeting that we had, two (2) gentlemen approached me that were representatives of that property; and they mentioned that they have brownfields on that property that has to be cleaned up; and their concern was when Atlantic Housing (Partners, LLLP) put their retention ponds in, that there would be potential for leeching. So, I did see a map when they were showing that piece of property up there. I think that when you do go to entertain developing in that area, that you get full disclosure from those owners exactly to the extent of which the contamination might pervade those properties. And, I don't know if there are any super fund sites set up for that; other than maybe just brownfield sites; but I think you just need to have that piece of information before you go forth and develop; but they are the part of L.D. Plante family, that holds that property." Secondly, Ms. Schwarz mentioned a disease affecting trees all over the southeast of the United States called "Laurel Wilt" and that the trees most affected are Avocado trees, Laurel trees, and Redbay trees. Ms. Schwarz mentioned some trees in the Highlands including in the drainage fields, have been affected and it is a very intrusive disease. Ms. Schwarz suggested that Staff and the citizens should be educated on this disease; and also hoped that no one would be penalized for cutting off any affected tree limbs. Thirdly, Ms. Schwarz complimented the "K -9" program but suggested that if this was such a valuable program, that it should then be a budgeted item, especially since the program is used all over the City. Further discussion followed on the "Laurel Wilt" and that the Division of Forestry has a map showing the extent of the "Laurel Wilt" disease, and thought pertinent information should be communicated with the public. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 26 OF 27 Ms. Schwarz was then asked about her service on the Planning and Zoning Board/Local Planning Agency. With brief discussion, Ms. Schwarz mentioned that she thought the City was on the correct and right track with the development of the City. Mayor Lacey closed "Public Input ". ❖❖ AGENDA NOTE: PUBLIC HEARINGS "504" WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGES 21 -23 OF THESE MINUTES. ❖❖ PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 504. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission consider approval of.- 1) the Final Engineering Plan for Jesup's Landing, and 2) modification to the Developer's Agreement for Jesup's Landing, a 171 -unit townhome development located on the south side of Orange Avenue in the Winter Springs Town Center. FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Townhomes (171 units) Units (2,155 square foot average) assessed at $90 /square foot: (2,155 x 90 = 193,950 x 171 units = $33,165,450) $33,165,450/1000 = 33,165.45 33,165.45(2.5814) _ $85,613.29 $85,613.29 (less the 4% statutory discount) _ $33,165,450 assessed tax value $82,188.76 tax revenue Taxes paid on vacant land now (data obtained from Seminole Countv Propertv Appraiser $4000 assessed per platted lot: (785 platted lots x 4000 1unit = $740,000) $740,000 assessed tax value 740,000/1000 = 740 740 x 2.5814 = $1,910.23 $1,910.23 tax revenue Total Potential Tax Revenue: (82188.76 + 1910.23 = 84098.99) $84,098.99 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 — FEBRUARY 27, 2012 PAGE 27 OF 27 A yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION:" Staff and the Planning & Zoning Board recommend that the City Commission approve: 1) the Final Engineering Plan for Jesup's Landing, and 2) modification to the Developer's Agreement, subject to the City Attorney's review and approval, and authorize the City Manager to prepare and execute any and all applicable documents. In other City business, Mr. Fields further addressed the previous parking spaces comments noted during the discussion of Public Hearings "504" and remarked, "I want to just clarify one item — a correction in the Jesup's Landing parking. The Townhome units do not have two (2) spaces in the driveway. They have two (2) car garages and they've added parking by providing additional on- street designated parallel parking spaces and by the four (4) parking pods, where they have a total of forty (40) spaces. So, Jesup's Landing has a total of sixty -five (65) more parking spaces now, than the previous plan and they have fourteen (14) fewer units, but no driveway spaces." Manager Smith said to Mr. Fields, "Your answer to the question, `Is there adequate parking ?' has not changed. The answer is still `Yes' ?" Mr. Fields stated, "Yes." Commissioner Krebs then said to Mr. Fields, "You said `Designated parking'. Is the `Designated parking' to the house, or is it `Designated parking' saying, `Here is where you are allowed to park' ?" Mr. Fields responded by saying, "It's striped, on street parking. That's what I mean by designated." ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:56 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 2012 City Commission Regular Meeting. CITY OF WINTER SPRINGS FLORIDA sot, S c Incorporated 1959 CITY COMMISSION OFFICIAL MINUTES REGULAR MEETING MONDAY, FEBRUARY 27, 2012 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Gary Bonner - Seat Three Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 2 OF 27 CALL TO ORDER The Regular Meeting of Monday, February 27, 2012 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Gary Bonner present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk, Andrea Lorenzo - Luaces A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department - Planning Division REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media /Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 3 OF 27 CONSENT AGENDA CONSENT 200. Police Department REQUEST: The Police Department request the Commission accept the 2012 Florida Department of Law Enforcement - Edward Byrne Memorial Justice Assistance in the amount of $3,666.00 and to utilize these funds to purchase digital Camera's for evidence documentation and case enhancement. FISCAL IMPACT: The potential grant revenues and related expenditures were not included in the FY 2012 Budget pending a decision on award. The Budget was already approved and in effect prior to this grant being awarded. The camera's and associated equipment will cost $3,957.75. The additional $291.75 necessary for the purchases will come out of existing police department operating funds. Therefore, there is no additional fiscal impact on the FY 2012 Budget relative to this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff Recommends the Commission approve the acceptance of the 2012 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance in the amount of $3,666.00 to purchase digital cameras for evidence documentation and case enhancement, and authorize the City Manager to execute any and all required grant reimbursement documents. There was no discussion on this Agenda Item. CONSENT 201. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, February 13, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 4 OF 27 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: The City Commission is respectfully requested to Approve the February 13, 2012 City Commission Regular Meeting Minutes. No discussion. CONSENT 202. Office of Commissioner Joanne M. Krebs REQUEST: Commissioner Joanne M. Krebs requests that the City Commission review and Approve Resolution 2012- 05, in support of proposed Anti - Stalking legislation. FISCAL IMPACT: Approval of Resolution Number 2012 -05 does not impose any fiscal impact on the City of Winter Springs. 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. Commissioner Krebs brought this issue up with the City Commission at the February 13, 2012 Regular Meeting and provided the City Commission with related information. The City Commission agreed to consider approving a Resolution supporting Anti- Stalking at this Regular Meeting. Should Resolution 2012 -05 be Approved, as noted in this Resolution, it would be forwarded to a number of our Legislators and other agencies, including the City of Lake Mary. RECOMMENDATION: Commissioner Krebs recommends the City Commission approve Resolution Number 2012 -05 in support of proposed Anti - Stalking legislation. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 5 OF 27 CONSENT 203. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting that the City Commission consider the request from the Tuscawilla Homeowners Association (THOA) to donate to the City an amount of $ 2,000. for the purchase and installation of one (1) park bench to be placed in Sam Smith Park. FISCAL IMPACT: None 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 that the City Commission approve the request from the Tuscawilla Homeowners Association (THOA) to donate to the City an amount of $ 2,000 for the purchase and installation of one (1) park bench to be placed in Sam Smith Park. Commissioner Rick Brown suggested that the Tuscawilla Homeowners Association consider, when funds are available, placing a bench at the flagpoles in the median, which could allow the residents to enjoy the flag and the markers they have kindly donated. Deputy Mayor Gary Bonner agreed with this. CONSENT 204. Public Works Department REQUEST: The Public Works Department requests the City Commission approve the Winter Springs Village Phase 1 Replat and authorize the replat to be recorded, subject to satisfaction of all outstanding Staff review comments. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. The applicant is responsible for payment of all review and recording fees. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 6 OF 27 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 approve the Winter Springs Village Phase 1 Replat, subject to satisfaction of all Staff review comments, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. There was no discussion on this Agenda Item. CONSENT 205. Utility Department REQUEST: Utility Department Requesting Approval to Piggyback off the Florida Sheriff's Association Bid Award 11- 19 -0907, Spec #83, for the purchase of one(1) 56KW Generator. FISCAL IMPACT: $43,000 is budgeted and is available under Utility line code #3600- 64000. 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 approval be granted to piggyback off Florida Sheriff's Association bid #11 -19 -0907, spec #83, for the purchase of one (1) 56 KW generator from Tradewinds Power Corp. for a total cost of $35,856.00 payable from Utility line code 3600- 64000. No discussion. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 7 OF 27 CONSENT 206. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission review and approve Resolution Number 2012 -04 offering their Appreciation and gratitude for the service of Ms. Barbara Croswell as a recent Member of the Code Enforcement Board. FISCAL IMPACT: There is no fiscal impact related to Resolution Number 2012 -04, if this Resolution is Approved. 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 Ci '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, H meowner's Associations/Representatives on file with the City, and all individuals who have req ested such information. This information has also been posted outside City Hall, posted inside Ci Hall with additional copies available for the General Public, and posted at five (5) different locations arou i d the City. Furthermore, this information is also available to any individual requestors. City Staff is alwa s willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Upon Approval of this Resolution, the City Clerk will contact Ms. Croswell on behalf of the 1 ayor and City Commission, in keeping with what the City Commission has previously requested, an I invite Ms. Croswell to attend a future City Commission meeting to receive her Resolution in person, fro II the Mayor and City Commission. RECOMMENDATION: The City Clerk is requesting that the City Commission review and Approve Resolution Number 2012 -04. This Agenda Item was not discussed. MOTION TO APPROVE CONSENT AGENDA. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 8 OF 27 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Office Of The Chief Of Police REQUEST: Presenting an "Appreciation Plaque" to Dr. Jerry Eans, Winter Springs Veterinary Clinic and to the Highlands Homeowner's Association for their valuable contributions to the City of Winter Spri gs. Chief Brunelle presented a plaque to Dr. Jerry Eans and his wife Barbara, and also to Mr. Bob H-nderson on behalf of the Highlands Homeowner's Association for their very generous contributions and kindness AWARDS AND PRESENTATIONS 301. Office Of The City Manager And Office Of The Chief Of Police REQUEST: Presenting an Award offering our thanks and appreciation from the City of Winter Springs to -9 "Mark" in honor of his retirement. Chief of Police Kevin Brunelle then presented a plaque to "Mark" and Corporal Kevin Crager, Police Department in honor of their selfless and dedicated efforts to the City of Winter Springs. In other City business, Resolution 2012 -04 was presented to Ms. Barbara Croswell with appreciation or her work as a former Member of the Code Enforcement Board. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese reported that he was moving forward with recording the Sixth • endment to Settlement Agreement between the City and the Tuscawilla Country Club owners because Ci y Staff has verified that the City has received all of the Easements granted by the Club related to the Tusca ilia Greens project. REPORTS 401. Office Of The City Manager — Kevin L. Smith City Manager Kevin L. Smith asked the City Commission to hear some information regarding t e Journeys Academy as "You all had asked for an update." Chief Brunelle gave an update on recent conversations and research related to Journeys Academy st dents being transferred to Winter Springs High School including statistics, Contracts, and criminal activities. C ief Brunelle noted, "I can tell you though, that I am going to stay on top of this. The Police Department is going t• continue to have a heavy presence over there, when we're able to, to make sure that anybody, whether it b: a Journeys (Academy) child, whether it be a Seminole High (School) student or whether it be a Winter Springs s udent that's districted for Winter Springs - let them know that we're not going to tolerate it." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 9 OF 27 Continuing, Chief Brunelle reviewed statistics related to Journeys Academy students, Winter Springs High School, criminal activities, and communication efforts. Commissioner Joanne M. Krebs spoke of her concern with the email that Winter Springs High School Principal Dr. Michael Blasewitz had sent which seemed to be contradictory to what the Commission had been informed about; and asked for clarification on who the Chief thinks should meet with the Seminole County Pu"3lic Schools School Board to further review this matter. Chief Brunelle stated, "I think the more who are in the know of what's going on and why they've decided to send the children over here." Chief Brunelle also said, "I was concerned that in a two (2) year period of time over at Journeys (Academy), they had two hundred reported incidents over there and if those contracts are being enforced over there, why are there 200 criminal incidences going on at Journeys (Academy) — so I want to make sure that doesn't happen over here." Commissioner Krebs suggested, "I too would like to know that; and so then I would wonder if the Commission — I am sure there are people up here that would like to know that too; and then perhaps, ask the City Manager to arrange a joint meeting - regarding some of these questions or issues, or maybe you have a better idea of where to start from." Manager Smith mentioned that Mayor Lacey, Chief Brunelle, and he had had met with Dr. Blasewitz, Principal of Winter Springs High School and Mr. Walt Griffin, Executive Director of Secondary Education, Seminole County Public Schools to discuss this matter. Commissioner Krebs added, "I am just concerned the School Board doesn't even know and makes decisions not totally based on being in the know." With further remarks, Chief Brunelle said, "We made it clear to them and they made it clear to us that they were going to communicate with us and that they wanted to know." Commissioner Krebs added, "Those very people that we Elect to the positions that they are in, may not be aware of some of what is happening, yet they are Voting on changes within the School District and things like that without even having that knowledge, and I guess those people need to know as well." Chief Brunelle said, "Correct." Mayor Lacey said, "Communication is key and it is also very difficult because one thing, I have had School Board Members tell me directly, Journeys (Academy) kids never cause any problems because they have got this contract; but then when you dive into it a little bit more, you find out well, but if they have been out of Journeys a year, they are not considered Journeys kids anymore; so, there is no tracking of that." Mayor Lacey then commented on other exceptions - and agreed that perhaps the School Board Members are not aware of some of the exceptions. Commissioner Krebs agreed with this. Mayor Lacey noted, "Dr. Blasewitz expressed a desire to come here on a regular basis — to be available to us at our Commission Meetings; so, we should be seeing him in the future." Discussion followed on one -on -one meetings with School Board Members. Chief Brunelle then commented on his Department being pro- active and noted, "I am going to take a zero tolerance to any criminal activity on that campus. " Commissioner Krebs said to Chief Brunelle, "If you write anything up or you have any [Non Police] report — or summary on any of this, I would really like a copy." Chief Brunelle responded, "Absolutely." Ma_aager Smith noted, "The Chief is quite frankly, all over this - we'll come back and report to this body on a pe-iodic basis, when we have information, so you all know exactly what's going on." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 10 OF 27 With further comments, Commissioner Brown suggested that all of the meetings and everything that we do with the School Board needs to be in a formal setting and needs to be on the Record in order for us to be able to hold them accountable." Commissioner Krebs said, "Good point." Additionally, Commissioner Brown noted a discussion he had with Winter Springs resident Mr. K: vin Cannon who had spoken with Mr. Griffin about Winter Springs students. Commissioner Brown added, "I ould like to make sure that they understand every step of the way that it is their job to make sure they provide a safe environment for our residents, and our teachers, and our students — and it doesn't really matter whe e those kids come from." Commissioner Brown then mentioned that Mr. Cannon had suggested that we "Put togethe a Citizens Committee, a Winter Springs independent School Ad Hoc Committee, whatever we want to call it, made up of interested Attorneys and CPA's (Certified Public Accountants) and other members of the communit who have a vested interest in our schools, who have students in our schools; to be a watchdog over what is hap e ening at the School Board, to keep us informed, to keep residents informed, and to be beholden to us but also be . part of that formal process in looking at Budgets and understanding their budget requirements..." Commis ioner Krebs remarked, "...I would support that." Continuing on this thought, Commissioner Brown and Commissioner Krebs suggested bringing bac an Agenda Item; to which Commissioner Brown added, "Can we do that ?" Manager Smith stated, "If that's th - Consensus of this body, yes Sir." Commissioner Krebs then suggested, "Bring it back as an item so we can disc ss it further and decide right then and there." Commissioner Jean Hovey nodded in favor of this. No objections ere voiced. Mayor Lacey asked the Commission what they would like Manager Smith to do. Commissioner Brown suggested, "I think just put it on an Agenda when we can have ample time to discuss it..." Commis ioner Krebs agreed saying "...Exactly." Mayor Lacey summarized, "The will of the Commission." Further comments followed on Seminole High School, where the students from Journeys Academy went, contracts, and Magnet Programs possibly being relocated. Commissioner Cade Resnick asked if we could try to get one of the Magnet Programs to Winter Springs. Discussion continued on statistics, infractions, and violations. Regarding data about the infractions and which students are committing crimes, Chief Brunelle stated, "When I have those numbers, you'll be the first to know that." Mayor Lacey stated, "We are getting close to what I think is the real issue and that is that we have got a High School here that has our name on it, but we have absolutely no control over what happens there or who attends there and yet if someone is coming to bring a business to Winter Springs, they are going to go look at Winter Springs High School and make judgments about our community based upon what they see there." Additionally, Mayor Lacey stated, "It is very important to us that Winter Springs High School reflect the Winter Springs community — so, we encouraged them and I have asked the Commission to do the same, in whatever form you can provide that Winter Springs High School will be about Winter Springs' kids, as much as possible." Brief discussion continued on recent arrests. Manager Smith asked, "Is the Commission — satisfied with the information; that it meets what you all were looking for; and that again, we'll come back to you all as much and as often, as we see necessary to make sure you all are fully up to speed on this issue." Members of the City Commission nodded in agreement. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 27, 2012 PAGE 11 OF 27 Next, information related to an email sent out last week from Ms. Stephanie Wolfe, Water Conservation Coordinator, Public Works Department was addressed by Manager Smith. Manager Smith explained it was the first step in the communication process; and that it was followed by an eAlert which went out today. Tape 1 /Side B Manager Smith explained, "Progress Energy by law, has the ability to "Trim trees to clear their power lines." Some slides related to recent trimming by Progress Energy were then shown. Manager Smith added, "Again, it's certainly within their right to do this; and the City - has no control over this trimming." Manager Smith added, "Those trees that have not reached power line height, actually fifteen feet (15') or less I believe — we're going to attempt to do some re- location and/or re- plantings of those trees to provide trees that do have the best chance for success." Mr. Steve Richart, Urban Beautification Division Services, Community Development Department further commented on this process. With further discussion, Deputy Mayor Bonner inquired, "Will you be bringing back a detailed plan timing calendar, types of trees and so on, yet to come, that we will be able to share with citizens as this project unfolds ?" Manager Smith responded, "Yes Sir. Again, this was just the first step in our extensive, elongated communication process." Additional remarks from Mr. Richart continued. Deputy Mayor Bonner then remarked, "The ones between Vistawilla (Drive) and Tuscora (Drive) are more mature - and were even more dramatically affected by this recent trimming exercise; so, I think that is where the residents are going to have the greatest amount of bond with those trees. And so we want to take a very careful effort to make sure that they understand; so, there may be an opportunity for us to offer choices for example, and the residents might appreciate the opportunity to perhaps choose the replacement tree that will be in the right -of- way that abuts their immediate property." Manager Smith said to Deputy Mayor Bonner, "Everything that you just articulated is the plan. Yes, Sir." Deputy Mayor Bonner added, "I appreciate the effort that is being taken on behalf of enhancing our canopy and the right tree at the right place and embracing the residents concern as those are addressed — thank you; just keep us informed, will you please, is my request." Manager Smith stated, "Yes, Sir." Furthermore, Manager Smith said, "Our intent is not to take down the huge, mature live oak trees that have been trimmed, but rather the smaller trees that have not matured to that point, that we can potentially save and relocate or replace. We don't intend to take those other trees down at all." Mr. Richart added, "I just wanted to make sure everybody knew, that this was a City -wide program. It's not just in Tuscawilla. It's something we're doing throughout the City. Progress Energy is on a three (3) year schedule for these." Discussion. Manager Smith remarked, "We're very fortunate to have folks like Stephanie (Wolfe), Steven (Richart), and Randy (Stevenson, ASLA, AICP, Director, Community Development Department) — that care about our tree canopy. They care about what's going on with the arbor in the City." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 12 OF 27 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey noted that the Seminole County Regional Chamber of Commerce is having a Mayor's forum this coming Thursday morning, March 1, 2012 at 7:30 a.m. at the Hilton Hotel in Altamonte Springs. Secondly, Mayor Lacey said that the Oviedo - Winter Springs Regional Chamber Of Commerce is holding a Golf Tournament on Wednesday, March 21, 2012 and as Trustees, the City can participate. Deputy Mayor Bonner was said to be interested. REPORTS 404. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey mentioned that she had resigned from serving as Florida Parent - Teachers Association (PTA) President to accept the position as Florida Parent- Teachers Association's Executive Director. Members of the City Commission offered their congratulations to Commissioner Hovey. REPORTS 405. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown mentioned that yesterday, the Diocese of Omaha began the Canonization process for Father Flanagan of Boys Town of Central Florida and mentioned that there will be a Prayer Service on March 17 2012. REPORTS 406. Office Of Commissioner Seat Three/Deputy Mayor — The Honorable Gary Bonner Deputy Mayor Bonner asked Manager Smith about the Survey that has been completed for Units 12/12A and the notification process. Mr. Richart advised that information went out to ninety -two (92) residences last week. REPORTS 407. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Resnick spoke of an Oviedo - Winter Springs Regional Chamber Of Commerce Chamber meeting last week that addressed a book drive called "Books from the Heart" and mentioned that if anyone had any lightly used books for all school aged children, that such donations would be very appreciated. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 13 OF 27 Secondly, Commissioner Resnick commented on the upcoming Winter Springs "Relay for Life" event being held on April 28 2012 with a start time of 2:00 p.m. at Winter Springs High School. Concluding his Report, Commissioner Resnick spoke of the recent Parks and Recreation Department / "Winter Springs Babe Ruth Opening Day Ceremonies" and offered his thanks to all for a great event. REPORTS 408. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs asked Mr. Richart about a tree in Oak Forest that had been removed and then replaced. Mr. Richart advised that the tree had been removed as it was diseased. Commissioner Krebs said she would have appreciated knowing about the tree before the change. Next, Commissioner Krebs offered her appreciation to all who had contacted their Legislators with input on recent Bills being considered by the Legislature. Lastly, Commissioner Krebs said she had read an article about the new Dental Clinic project that Commissioner Resnick's Leadership Seminole Class had worked on and stated, "Good luck and really good job!" Mayor Lacey welcomed former Mayor Paul P. Partyka who was in the audience. PUBLIC INPUT Mr. Terry Zaudtke, 2065 Wiggley Farms Road, Sanford, Florida: presented to the City of Winter Springs, a framed photograph he had taken of eagles near the Winter Springs Town Center. Mr. Bob Henderson, 635 White Ibis Court, Winter Springs, Florida: remarked about some recent fires in some Highlands condominiums and how impressed he was to see that Building Official Michael Scheraldi was there to assist the residents and make sure they were taken care of; and complimented the City on the excellent customer service provided by Building Official Michael Scheraldi. Mr. Kevin Cannon, Esquire, Post Office Box 3151, Orlando, Florida: commented on issues related to Seminole County Public Schools and how it affects Winter Springs' schools; and asked the City Commission to consider creating an Advisory Board/Committee with membership to include Parent- Teachers Associations (PTA's) and whoever else the City Commission would consider appointing to such a Board/Committee. Discussion ensued on Seminole County schools. Mayor Lacey said to Mr. Cannon, "The Commission has asked the City Manager to put together an Agenda Item specifically to discuss doing that and we would invite your participation." Mr. Cannon stated, "I'd be happy to do that." Furthermore, Mr. Cannon remarked, "Most of the parents that I spoke with probably wouldn't be able to sit down and look at some of the financial spreadsheets; not just from a fiscal standpoint, but also from a governmental fiscal standpoint like your office could Kevin — and so, just having the ability for us to work collectively and collaboratively as a community to assist the School Board in steering their new path." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 14 OF 27 Discussion followed on a conversation Mr. Cannon had with Mr. Walt Griffin, Executive Director of Secondary Education, Seminole County Public Schools related to the overcrowding at Seminole High School; School Board Members; and keeping the children safe at schools. Further comments ensued on working with the School Board; quality of the community; and concerns with keeping schools safe for the students. Deputy Mayor Bonner thanked Mr. Cannon and suggested a magnet program be re- located to Winter Springs, to which Mr. Cannon agreed. Continuing the discussion, Deputy Mayor Bonner mentioned the issue of Economic Development to Manager Smith and noted that a Health Magnet Program might be a great idea for Winter Springs High School, as Medical City is in the Central Florida area and might work well within the desired location of the GreeneWay and State Road 434. Discussion continued on Magnet Programs; whether Winter Springs High School had Magnet Programs; and what Magnet Programs were at other Seminole County schools. Mr. Cannon mentioned that in discussing these issues with Mr. Griffin, "I said to him, has the District explored the wisdom of not concentrating a large number of the young men and women coming out of the Journeys (Academy) program, but rather, disseminating them in an equitable way ?" Mr. Cannon thought that in the next discussion with the School Board, that this could hopefully be addressed. Further discussion. Mr. Cannon added, "It is critical in my humble opinion, that we proactively are engaged on the front end of how these attendance boundaries are going to be drawn." Mayor Lacey added, "That is one of the core issues - the attendance boundaries. Mr. Cannon then said, "But also the Magnet program, as well." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Community Development Department requesting the City Commission adopt on Second Reading Ordinance 2012 -07 establishing local regulations applicable to secondary metals recyclers and other similar non - hazardous recyclers. FISCAL IMPACT: Ordinance 2012 -07 has no direct fiscal impact on the City of Winter Springs. The Ordinance establishes allowable hours of operation for purchase transactions at secondary metal recyclers that would be more flexible than the restricted hours currently proposed by the Florida Legislature. The restricted hours as proposed by the Legislature could have a detrimental fiscal impact on the businesses that conduct secondary metal recycling and the residents that use these services. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 15 OF 27 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. The legal advertisement for the Second Reading of Ordinance 2012 -07 was posted in the Orlando Sentinel on February 16, 2012. RECOMMENDATION: Staff recommends the City Commission approve Ordinance 2012 -07 on Second Reading. Attorney Garganese read Ordinance 2012 -07 by "Title" only. Mr. Stevenson began the discussion on this Agenda Item and stated, "We did find out the House Bill 886 and Senate Bill 540 as currently proposed, have been amended and to mirror the hours that we have in our Ordinance, 7:00 [a.m.] to 7:00 [p.m.] Monday through Sunday." Further comments. 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. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. MAYOR LACEY SUMMARIZED, MOTION "TO APPROVE ORDINANCE 2012 -07 ON SECOND READING." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER BROWN: AYE • COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 16 OF 27 PUBLIC HEARINGS 501. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission consider on second reading the adoption of Ordinance 2011 -16 which proposes text amendments to Chapter 5, Tree Protection and Preservation, as recommended for approval by the Planning and Zoning Board on December 7 2011. FISCAL IMPACT: There is no direct fiscal impact associated with the Commission's action on Ordinance 2011 -16. 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. First reading of this amendment was approved at a Regular Commission Meeting on February 13, 2012 under Public Hearings Item 500. Second reading of this amendment was advertised in the Orlando Sentinel on February 16, 2012. Draft Ordinance 2011 -16 was reviewed and approved with modifications by the Planning and Zoning Board on December 7, 2011. The Beautification of Winter Springs Advisory Board was provided a copy of the draft Ordinance at their January 3rd, 2012 Meeting. RECOMMENDATION: Staff is recommending that the City Commission approve the adoption of Ordinance 2011 -16 upon second reading, which proposes text amendments to the Chapter 5, Tree Protection and Preservation Ordinance. Attorney Garganese read Ordinance 2011 -16 by "Title" only. 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 DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. DEPUTY MAYOR BONNER STATED, "WERE WE TO PASS THIS, THIS EVENING, I WOULD REQUEST THAT STAFF GIVE SERIOUS CONSIDERATION TO GOING BACK THROUGH THE RECORDS AND LOOKING AT THE INCIDENTS WHERE CITIZENS HAVE PREVIOUSLY BEEN DENIED UNDER THE PRIOR RULES THAT EXISTED AND BE INFORMED OF THE OPPORTUNITY TO TAKE ADVANTAGE OF THE ORDINANCE AS IT CHANGES SO THAT THEY COULD PROCEED IF ITS THEIR WISH WITH THE MODIFICATION TO THEIR TREE ISSUES THAT MAY BE IMPACTING THEIR HOME." MANAGER SMITH STATED, "WE'RE DOING JUST THAT SIR." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 27, 2012 PAGE 17 OF 27 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing for the first reading of Ordinance 2012 -06, the re -write of the Town Center District Code. FISCAL IMPACT: While there is no direct fiscal impact to the City as a result of the Code re- write, staff is of the opinion that the new code language will facilitate more diversified development in the Town Center, which will have a positive fiscal impact to the City's tax base. 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 February 16, 2012. RECOMMENDATION: Staff and the Planning & Zoning Board recommend that the City Commission approve the first reading of Ordinance 2012 -06, the re -write of the Town Center District Code, and move said Ordinance forward to second reading. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012 -06 by "Title" only. Mr. Stevenson addressed the City Commission on the next two (2) Public Hearings Agenda Items. Tape 2 /Side A CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 18 OF 27 Mr. Bobby Howell, AICP, Planner, Community Development Department reviewed the different Transect Codes, new provisions, signage, and other revisions. Deputy Mayor Bonner offered his "Compliments to Staff. I can understand the magnitude of this undertaking." Mayor Lacey opened the "Public Input" portion of the Agenda Item. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: commented on this being important to the concept of the Winter Springs Town Center and thought this was a good solution. Mr. Partyka thanked City Staff and the Mayor and the City Commission, and suggested that a Press Release be issued on this. Mayor Lacey closed the "Public Input" portion of the Agenda Item. Deputy Mayor Bonner then commented on a "Very small irregularly shaped lot which is at the entrance to our Central Winds Park and High School." Deputy Mayor Bonner mentioned a Developer interested in this property and stated, "I just want to make sure that in a T3 [(Suburban Zone)] designation, we could have single story Commercial ?" Mr. Howell explained, "The single story — we have a couple of asterisks in there. It's says there should be a one foot (1') minimum raised first floor height above the side walk for residential uses. I would think though based on that it doesn't really specify that commercial has to be multi -story so based on that interpretation I believe it could be one (1) story." Deputy Mayor Bonner then asked, "Does Staff feel that they have the latitude necessary to work with applicants in a T3 [(Suburban Zone)] designation were a proposal to come forward that met with our aesthetic guidelines and so on and appropriate uses that we deem necessary to have a single story commercial structure built within the T3 ?" Manager Smith said, "Yes, Sir." The second parcel that Deputy Mayor Bonner inquired about "Is across the street from that particular parcel, there is another parcel which I have also in my years of this service had an opportunity to meet with some applicants for that particular parcel." Deputy Mayor Bonner mentioned that this parcel does not seem to be within the Town Center. Mr. Stevenson stated that that parcel "Is not in the Town Center. It was the subject of a Development Agreement. That's known as the commercial part of Heritage Park and part of the Development Agreement there was that that commercial parcel would develop in accordance with the Town Center Code on several things such as street frontage, two (2) story buildings, things of this nature. So, it is not in the Town Center but there was also an out whereby a Developer could request to be relieved of — I think there were three (3) separate items Anthony ( Garganese), that were encapsulated into that document." Deputy Mayor Bonner asked, "Were we to change the Town Center Code as proposed by this item, how does that affect that Developer's Agreement and how does that affect the treatment of that parcel, relative to the new choices of designations, T5 [(Urban Center Zone)], T4 [(General Urban Zone)], T3 [(Suburban Zone)] and so on. How would that unfold in some prospective development of that parcel which is bound by that Developers Agreement. How does that take place ?" Attorney Garganese said, "We'd have to go and take a look at that Development Agreement and let you know before the next meeting. I don't have that Agreement in front of me — it does go back some time, maybe about ten (10) years." Deputy Mayor Bonner remarked, "Okay." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 19 OF 27 Deputy Mayor Bonner then asked, "Is there an approach that says that that parcel possibly should be incorporated into the Town Center development plan and then have an official designation and therefore create a — modification to the Developer's Agreement or it would be a decision that this body could undertake to say, there are parcels that possibly now we may want to consider bringing into the Town Center PUD (Planned Unit Development) because that might be the more prudent course of action which would allow the designation to take place and maybe do away with some of that confusion that you may be about to undertake there Anthony (Garganese)." Attorney Garganese noted, "There's a binding Development Agreement on the property, so that property owner had rights under the Development Agreement, as well as the City. Whether or not the new proposed new Town Center Code is more advantageous for the property owner to develop, is an issue that if it was, they could seek an Administrative Re- Zoning or request an Amendment to the Development Agreement." Attorney Garganese said he would review this matter. With further comments, Deputy Mayor Bonner referenced the Post Office and a parcel immediately behind it and noted, "Possibly that parcel may be a parcel that this body or a future body would want to entertain its incorporation into the Town Center PUD (Planned Unit Development)." Mr. Stevenson commented, "It's certainly a possibility." Mr. Stevenson noted that he would look into this. Discussion. Deputy Mayor Bonner referenced the southern border of the Town Center and "A certainly uplands parcel here which is almost surrounded by or is bordered by Town Center on three (3) sides" and said that his constituents were very interested in the future use of that property. Deputy Mayor Bonner suggested "It may make sense for us to look at whether or not we want to bring this parcel into our Town Center PUD (Planned Unit Development) so that future plans for that parcel, the residents that have that concern, can certainly know that it was subject to the Zoning and the vision that we have for the Town Center." Manager Smith said, "What I think I'm hearing you say is that we need a comprehensive analysis of all contiguous properties to the Town Center for potential inclusion, if appropriate, into the Town Center." Deputy Mayor Bonner stated, "Yes, you are following." Manager Smith added, "And, we will do that." With further remarks, Deputy Mayor Bonner then mentioned another parcel "Right across the street here which again is a parcel that I know the residents that I represent have a keen interest in its future use as well." Mr. Stevenson noted, "Anything that happens in here also would be subject pursuant to some agreements and I don't have the specific ones but they would be subject to a public Charrette which will also give the public the input they need, not only on the design but whether or not it is included in the Town Center and if it is, in which Transect." Deputy Mayor Bonner added, "Those neighbors I know — some of those residents, were the residents that brought forward so appropriately in the Workshop the need for this transitional change and I know that bringing the end result of this to be that that incorporation would be there, to help soften that transitional change - I think would go a long way towards appeasing concerns that I have heard voiced in the past." Mr. Stevenson stated, "Yes, Sir." Further brief comments followed on the L.D. Plante property. "MOTION TO MOVE TO SECOND READING." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. - ....- - -.... CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 20 OF 27 MAYOR LACEY SUMMARIZED, MOTION "TO MOVE ORDINANCE 2012 -06 TO SECOND READING." VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing for transmittal of Ordinance 2012 -05, amending the Comprehensive Plan related to both the Town Center and Greeneway Interchange District (GID) along with associated amendments to Policy 1.1.1: Land Use Categories. FISCAL IMPACT: The amendment is not expected to have any negative fiscal impact. To the contrary, staff feels that these revisions will lay the groundwork in the Town Center and GID areas to facilitate additional context sensitive mixed -use and target industry uses along with appropriate ancillary uses that could represent a significant positive impact to both the residential and non - residential tax base of 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. January 22, 2012 — Public Noticing in Orlando Sentinel of LPA Public Hearing February 1, 2012 -Local Planning Agency Review and Approval February 16, 2012 - Public Noticing in Orlando Sentinel of Public Hearing- Transmittal February 27, 2012 - First Reading of Ordinance 2012 -05 transmitting the proposed Comprehensive Plan Amendment CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 21 OF 27 RECOMMENDATION: Staff and the Local Planning Agency recommend that the City Commission hold a Public Hearing for first reading and transmittal of Ordinance 2012 -05 to the Florida Department of Economic Opportunity as required by Florida Statute 163.3184(3) Expedited State Review Amendment Process. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department addressed the City Commission on this Agenda Item and noted a few revisions. Mr. Woodruff remarked, "Staff is currently working on getting a Consultant on board in order to perform the necessary Economic Study that's required in the Town Center." With further comments, Mr. Woodruff advised, "We're looking to transmit to the State on Friday, and then bring this back to you on April 23 (2012) for a Second Public Hearing and for Adoption." Mayor Lacey asked, "Is there a Motion to read by `Title' only ?" "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012 -05 by "Title" only. Mayor Lacey opened the "Public Input " portion of the Agenda Item. No one spoke. Mayor Lacy closed the "Public Input " portion of the Agenda Item. MOTION TO MOVE TO SECOND READING. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: PUBLIC HEARINGS "504" IS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGES 26 -27 OF THESE MINUTES. •❖ PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 504. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission consider approval of: 1) the Final Engineering Plan for Jesup's Landing, and 2) modification to the Developer's Agreement for Jesup's Landing, a 171 -unit townhome development located on the south side of Orange Avenue in the Winter Springs Town Center. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 22 OF 27 FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Townhomes (171 units) Units (2,155 square foot average) assessed at $90 /square foot: $33,165,450 assessed tax value (2,155 x 90 = 193,950 x 171 units = $33,165,450) $33,165,450/1000 = 33,165.45 33,165.45(2.5814) = $85,613.29 $85,613.29 (less the 4% statutory discount) = $82,188.76 tax revenue Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $4000 assessed per platted lot: (185 platted lots x 4000 /unit = $740,000) $740,000 assessed tax value 740,000/1000 = 740 740 x 2.5814 = $1,910.23 $1,910.23 tax revenue Total Potential Tax Revenue: $84,098.99 (82188.76 + 1910.23 = 84098.99) COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media /Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. A yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff and the Planning & Zoning Board recommend that the City Commission approve: 1) the Final Engineering Plan for Jesup's Landing, and 2) modification to the Developer's Agreement, subject to the City Attorney's review and approval, and authorize the City Manager to prepare and execute any and all applicable documents. Mr. Howell introduced the Agenda Item for consideration. Attorney Garganese stated, "Just one change to the Modification to the Development Agreement, we are recommending just making one additional paragraph added to the Agreement — a new paragraph 4. You will recall the Developer is required to complete Final Engineering and Final Plat within eighteen (18) months of the original Development Agreement being Approved and I am holding that original Development Agreement in Escrow pending the completion of those Permits. So, my recommendation is to just add one (1) provision in as a new paragraph 4., that this Modification is subject to the same special Effective Date Termination Escrow and recording provisions of the original Development Agreement." Discussion followed on fire truck access and access points, and retention ponds. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 23 OF 27 Mayor Lacey opened the "Public Input " portion of the Agenda Bern. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. Deputy Mayor Bonner asked about garages and parking spaces. Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "They listened to us. We said there is a concern about visitor parking; so, compared to the previously approved development they have fewer units and more parking spaces, a better parking ratio. They have in this development, all units have a two (2) car garage - so that really helps; plus a number of - I call them `Small little pods of visitor parking' in here, which the previous development did not have." "MOVE FOR APPROVAL." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER BROWN. DEPUTY MAYOR BONNER ADDED, "INCLUDING THE ADDITIONAL LANGUAGE IN PARAGRAPH 4. THAT THE ATTORNEY REQUESTED." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission hear a presentation from the Beautification of Winter Springs Board related to their membership, efforts, accomplishments, and any issues they may wish to discuss. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media /Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 27, 2012 PAGE 24 OF 27 The Office of the City Clerk has provided information via emails regarding the Mayor and City Commission's interest in hearing from the Beautification of Winter Springs Board. This was also addressed at the Beautification of Winter Springs Board's recent meeting in preparation for meeting with the City Commission. RECOMMENDATION: The City Commission is requested to hear from members of the Beautification of Winter Springs Board and discuss any matters they deem of interest with the Beautification of Winter Springs Board and City Staff, as applicable. Chairperson Roberto Carlos Acevedo, Vice Chairperson Larry Chmura, Board Member Alice Bard, and Board Member Lorry Roero introduced themselves to the City Commission. Chairperson Acevedo presented a PowerPoint presentation which reviewed many of the accomplishments of this Board. Discussion followed on how many historic trees are in the City and how tree age is determined. Tape 2 /Side B Further comments. Vice Chairperson Chmura mentioned they were interested in developing a "Community Enhancement Program and we may include things like a `Yard of the Month' or a `Business of the Month' Award' to citizens or businesses in the City." Chairperson Acevedo then stated, "We need funds. I will come out and say it. We need money — to go ahead and have our preservation and revitalization projects." Mayor Lacey suggested, "The proper way for that to happen is for Steve (Richart) to represent you to the City Manager when we do our Budget deliberations, coming up fairly soon now." Deputy Mayor Bonner asked, "I am wondering if you have a long range plan or particular projects that are envisioned that would aid our beautification, aid our property values, aid our Economic Development, and therefore be candidates for funding consideration ?" Vice Chairperson Chmura mentioned their "Neighborhood Improvement Grant Program" and explained, "The majority of the programs that have come to fruition, have been successful. We would like to be able to continue to do that. But we understand we don't have the funds at this time." Deputy Mayor Bonner remarked, "Is that an item that Staff could aid you with in terms of your vision, because you all are providing the vision, right? So, the vision where Staff could get their hands around some dollars and cents of it and have that come back to the Commission where we could entertain that as a potential budget item, if we see the economic benefit to the community obviously. In my view, there would be support for those initiatives that we can really see some tangible return; and even if it is in the long range." Deputy Mayor Bonner commented on Community Redevelopment Agency (CRA) Development and S.E.E.D. (Seminole Economic Enhancement District) monies as possible funding sources. Continuing, Deputy Mayor Bonner referenced a recent presentation by the Bicycle and Pedestrian Advisory Committee and stated, "They have undertaken a very exhaustive long range sort of view about all the potential future bicycle paths and pedestrian paths that potentially could come into existence within our City, beyond what we all know and use and enjoy today. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 25 OF 27 Certainly as those assets are envisioned and studied by Staff, certainly we would want to bring those assets into our City beautified — we would want them to be attractive as well as functional and so that may be a situation where you all in your service and that Committee in its service, are working together on sort of a Master Plan and of course, that would come back to the question of funding and grant sources and various dollar sources, in the long range vision of the Beautification of Winter Springs as well as pedestrian and bicycle access. I could see how you all could really start working together as it were, to the extent that is permitted and how that is done." Furthermore, Deputy Mayor Bonner said to the Beautification of Winter Springs Board Members, "Thank you for the work that you and your predecessors have done on the beautification of our City. It certainly resonates in our property values." Chairperson Acevedo added, "I don't believe in using any General Funds at all for any of the projects that we proposed — I am a firm believer in keeping as much money in the pocket as possible. I just hope that you continue to lend Mr. Richart to us and he is a very smart man and I know he has done a great job at finding ways through Grants and things like that for us to be able to fulfill our projects. I know that we come before you asking about funds and we are not giving you any numbers and things like that and I know that makes it quite difficult as a result; but I assure you that that is something that we will be working on and present that to you." Mayor Lacey and Members of the City Commission thanked the Beautification of Winter Springs Board. Further brief comments. PUBLIC INPUT Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: addressed the City Commission on Public Hearings Agenda Item "502" and in terms of the L.D. Plante property mentioned, "When we were presented with the Affordable Housing project that was presented by Atlantic Housing (Partners, LLLP), after the Public Hearing that evening, or the meeting that we had, two (2) gentlemen approached me that were representatives of that property; and they mentioned that they have brownfields on that property that has to be cleaned up; and their concern was when Atlantic Housing (Partners, LLLP) put their retention ponds in, that there would be potential for leeching. So, I did see a map when they were showing that piece of property up there. I think that when you do go to entertain developing in that area, that you get full disclosure from those owners exactly to the extent of which the contamination might pervade those properties. And, I don't know if there are any super fund sites set up for that; other than maybe just brownfield sites; but I think you just need to have that piece of information before you go forth and develop; but they are the part of L.D. Plante family, that holds that property." Secondly, Ms. Schwarz mentioned a disease affecting trees all over the southeast of the United States called "Laurel Wilt" and that the trees most affected are Avocado trees, Laurel trees, and Redbay trees. Ms. Schwarz mentioned some trees in the Highlands including in the drainage fields, have been affected and it is a very intrusive disease. Ms. Schwarz suggested that Staff and the citizens should be educated on this disease; and also hoped that no one would be penalized for cutting off any affected tree limbs. Thirdly, Ms. Schwarz complimented the "K -9" program but suggested that if this was such a valuable program, that it should then be a budgeted item, especially since the program is used all over the City. Further discussion followed on the "Laurel Wilt" and that the Division of Forestry has a map showing the extent of the "Laurel Wilt" disease, and thought pertinent information should be communicated with the public. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2012 PAGE 26 OF 27 Ms. Schwarz was then asked about her service on the Planning and Zoning Board/Local Planning Agency. With brief discussion, Ms. Schwarz mentioned that she thought the City was on the correct and right track with the development of the City. Mayor Lacey closed "Public Input". •• AGENDA NOTE: PUBLIC HEARINGS "504" WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGES 21 -23 OF THESE MINUTES. •• PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 504. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission consider approval of: 1) the Final Engineering Plan for Jesup's Landing, and 2) modification to the Developer's Agreement for Jesup's Landing, a 171 -unit townhome development located on the south side of Orange Avenue in the Winter Springs Town Center. FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Townhomes (171 units) Units (2,155 square foot average) assessed at $90 /square foot: $33,165,450 assessed tax value (2,155 x 90 = 193,950 x 171 units = $33,165,450) $33,165,450/1000 = 33,165.45 33,165.45(2.5814) = $85,613.29 $85,613.29 (less the 4% statutory discount) = $82,188.76 tax revenue Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $4000 assessed per platted lot: (185 platted lots x 4000 /unit = $740,000) $740,000 assessed tax value 740,000/1000 = 740 740 x 2.5814 = $1,910.23 $1,910.23 tax revenue Total Potential Tax Revenue: $84,098.99 (82188.76 + 1910.23 = 84098.99) 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 OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 27, 2012 PAGE 27 OF 27 A yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff and the Planning & Zoning Board recommend that the City Commission approve: 1) the Final Engineering Plan for Jesup's Landing, and 2) modification to the Developer's Agreement, subject to the City Attorney's review and approval, and authorize the City Manager to prepare and execute any and all applicable documents. In other City business, Mr. Fields further addressed the previous parking spaces comments noted during the discussion of Public Hearings "504" and remarked, "I want to just clarify one item — a correction in the Jesup's Landing parking. The Townhome units do not have two (2) spaces in the driveway. They have two (2) car garages and they've added parking by providing additional on- street designated parallel parking spaces and by the four (4) parking pods, where they have a total of forty (40) spaces. So, Jesup's Landing has a total of sixty -five (65) more parking spaces now, than the previous plan and they have fourteen (14) fewer units, but no driveway spaces." Manager Smith said to Mr. Fields, "Your answer to the question, `Is there adequate parking ?' has not changed. The answer is still `Yes' ?" Mr. Fields stated, "Yes." Commissioner Krebs then said to Mr. Fields, "You said `Designated parking'. Is the `Designated parking' to the house, or is it `Designated parking' saying, `Here is where you are allowed to park' ?" Mr. Fields responded by saying, "It's striped, on street parking. That's what I mean by designated." ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:56 p.m. RESPECTFULLY SUBMITTED: LORENZO - LUACES, MMC CIT CLERK APPROVED: MAY • C 'LA NOTE: These Minutes were approved at the March 12 , 2012 City Commission Regular Meeting.