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HomeMy WebLinkAbout2012 06 11 Consent 202 Unapproved Minutes from City Commission Meeting May 29 2012COMMISSION AGENDA ITEM 202 June 11, 2012 Regular Meeting Informational Consent X Public Hearings Regular City Manager ALLL Department REQUEST: Requesting the City Commission Approve the Tuesday, May 29, 2012 City Commission Regular Meeting Minutes. SYNOPSIS: 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 Tuesday, May 29, 2012 City Commission Special Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk for the Approval by the City Commission. Consent 202 PAGE 1 OF 2 -June 11, 2012 FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the Tuesday, May 29, 2012 City Commission Special Meeting Minutes. ATTACHMENTS: A - Unapproved Copy of the Tuesday, May 29, 2012 City Commission Special Meeting Minutes (34 pages) Consent 202 PAGE 2 OF 2 -June 11, 2012 ATTACHMENT S A T CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES SPECIAL MEETING TUESDAY, MAY 29, 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 SPECIAL MEETING - MAY 29, 2012 PAGE 2 OF 34 A" Am"IXIING IN The Special Meeting of Tuesday, May 29, 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, 1125 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Crary 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, present A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL loo. Community Development Department - Planning Division REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 29, 2012 PAGE 3 OF 34 INFORMATIONAL 101. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission of the results of a Senior Center Therapy Pool Survey #2. FISCAL IMPACT: None. Informational Only. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on rile 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. INFORMATIONAL 102. Finance and Administrative Services Department REQUEST: City Manager and Finance Department transmitting the City's 2nd Quarter 2012 fiscal year- financial reports via The Executive Dashboard. FISCAL IMPACT: Current operations are proceeding as planned with no major deviations from the budget or strategic goals. 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 SPECIAL MEETING - MAY 29, 2012 PAGE 4 OF 34 RECOMMENDATION: It is recommended that the City Commission review and receive the executive financial dashboard reports. No discussion. INFORMATIONAL 103. Finance and Administrative Services Department .� REQUEST: The City Manager and the Finance and Administrative Services Department providing the Investment Report for the second quarter of fiscal year 2012 (quarter ending March 31, 2012) as prepared by PFM Asset Management LLC. FISCAL IMPACT: The weighted average yield at March 31, 2012 is .40 %. The Cities portfolio has duration of .91years. 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, MedialPress 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 that the City Commission review and accept the information provided in this agenda item. There was no discussion on this Agenda Item. INFORMATIONAL 104. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Arbor Division, wishes to inform the Commission of plans to commence with planting trees in the rights-of-way along a portion of Northern Way in response to the recent Progress Energy Distribution Line Trimming efforts. FISCAL IMPACT: Progress Energy is donating $500 to purchase trees for the initial phase of our program. Additional money to purchase trees will be obtained from the Arbor Fund, which is derived from permit fees and tree banking donations. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 2% 2012 PAGE 5 OF 34 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. In early March, information was sent via an E -Alert and published in Tuscawilla Today notifying residents of the proposed work in the rights -of -way along Northern Way. Letters were mailed to thirty -nine (39) residents that front Northern Way, from Tuscora Drive to Winter Springs Boulevard. The letters provided detailed information on the purpose of the work, where it would take place, the types of trees to be planted, and requested input from residents. The City Arborist received a total of five responses from the mail - outs, all without opposition to the project. RECOMMENDATION: Staff requests the City Co mmission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 105. Office of the City Clerk REQUEST: Requesting the City Commission receive a Draft Unapproved copy of the May 14, 2012 City Commission Regular Meeting Minutes for information purposes only. FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlertleCitizen 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 SPECIAL MEETING -- MAY 291) 2012 PAGE 5 OF 34 RECOMMENDATION: City Clerk requests the City Commission receive and review the information provided in this Agenda � Item. (The attached Minutes in this Agenda Item are just for informational purposes and are not being � Approved). This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR ,.. BONNER. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. s� MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. � CONSENT AGENDA CONSENT 200. Community Development Department REQUEST: The Community Development Department is asking the City Commission to approve Resolution 2012 -12 which approves a Community Development Block Grant Cooperation Agreement with Seminole County. FISCAL IMPACT: While there is no immediate fiscal impact associated with the approval of this resolution, the resolution represents a means to access CDBG funds for potential future needs. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server, Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department recommends that the City Commission approve resolution 2012 -12 which approves a Community Development Block Grant Cooperation Agreement and maintains the City's participation in the Urban Counties Program. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 2% 2012 PACE 7 OF 34 CONSENT 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department requests that the City Commission approve a one -year extension of the existing agreement with The Orlando Sentinel for Community Events' Marketing and Sponsorship Procurement and authorize the City Attorney to prepare the agreement addendum and the City Manager to execute the partnership agreement addendum between the City of Winter Springs and The Orlando Sentinel Communications Company. FISCAL IMPACT: This extension to the current agreement will aid our ability to provide community events with little to no utilization of tax dollars (other than for public safety). Staff is continuing to evaluate options to lower expenses &increase efficiency of operations. COMMUNICATIONS 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 a one -year extension of the existing agreement with The Orlando Sentinel for Community Events' Marketing and Sponsorship Procurement and authorize the City Attorney to prepare the agreement addendum and the City Manager to execute the partnership agreement addendum between the City of Winter Springs and The Orlando Sentinel Communications Company. This Agenda Item was not discussed. CONSENT 202. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission approve an agreement with CBS Radio Stations, Inc. for promotion and support for the City's 2012 and 2013 Celebration of Freedom events, and authorize the City Attorney to prepare the agreement and the City Manager to execute the agreement between the City of Winter Springs and CBS Radio Stations, Inc. FISCAL IMPACT: There is no compensation due CBS Radio Stations, Inc. from the City under this agreement. The City will receive promotional airtime and marketing and on -air talent for the 2012 and 2013 Celebration of Freedom events. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -- MAY 29, 2412 PAGE S OF 34 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, nd all individuals who have requested such information. This information has also been voted ty� q p - outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Parks and Recreation Department is recommending the City Commission approve an agreement with CBS Radio Stations, Inc. for promotion and support for the City's 2012 and 2013 Celebration of Freedom events and authorize the City Attorney and City Manager to prepare and execute any and all applicable documents. No discussion. CONSENT 203. office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 8, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, 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 August 8, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -- MAY 29, 2012 PAGE 9 OF 34 "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY CONIlVIISSIONER HOVEY. DISCUSSION. VOTE: COMNIISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE C1 Z=& DEPUTY MAYOR BONNER: AYE COMMISSIONER KREBS: AYE ��� COMNIISSIONER BROWN: AYE � MOTION CARRIED. ;WEM AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Of The City's Second Quarter Financial Report For The 2012 Fiscal Year. (Quarter Ending March 31, 2012) (This Is Related To Informational Agenda Item `102'.) Mr. Shawn Boyle, Director, Finance and Administrative Services Department presented this Agenda Item to the Mayor and City Commission and pointed out, "We have had some financing activities which have skewed the financials', so when you first look at it — it looks wonderful. A lot of that has to do with the financing activities with the Lake Jesup plant, so we hope to give you a much clearer, consistent picture from last year to this year; probably in the next quarter, we will be in front of you." Furthermore, Mr. Boyle stated, "We're in great shape. The Directors and the Employees have stayed ahead of the revenue shortfalls that we've come across and we are very optimistic about some good news." City Manager Kevin L. Smith spoke of the Utility Fund and "Debt coverage in that Fund — through the efforts of Kip (Lockcuff, P.E., Director, Public Works/Utility Departments) and Shawn (Boyle), I am here to tell you that we are 180 degrees opposite of that as of today." AWARDS AND PRESENTATIONS 301. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Providing The Investment Report For The Second Quarter Of Fiscal Year 2012 (Quarter Ending March 31, 2012) As Prepared By PFM Asset Management LLC. (This Is Related To Informational Agenda Item `103'.) Mr. Boyle addressed the Mayor and City Commission with this presentation and stated, "In light of what you've got going on tonight, I'm going to summarize this also. The next time I come up here, I'm going to give you a much more in depth analysis of what's going on with our Investments." Continuing with his Report, Mr. Boyle gave a brief overview of the City's Investments. Mr. Boyle noted, "As I said before, I' come up the next quarter in light of what's going on tonight and give you a much more in depth analysis of what sectors we've invested in, why we've done that. But, right now, we've done a pretty good job of preserving and avoiding any of the risks that have just come to fruition in the Bond Market." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -- MAY 29, 2012 PAGE 10 OF 34 Discussion, REPORTS REPORTS 400. office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. office Of The City Manager — Kevin L. Smith No Report. 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 mentioned that Deputy Mayor Gary Bonner had assisted in arranging with winter Springs High School representatives to attend our next City Commission Regular Meeting and have their award winning Character Key video shown. REPORTS 404. office Of Commissioner Seat one — The Honorable Jean Hovey Commissioner Jean Hovey commented on the Florida League of Cities Annual Conference. REPORTS 405. Office Of Commissioner Seat Two — The Honorable Rick Brown ,a r Commissioner Rick Brown spoke of his schedule. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 2% 2012 PAGE 11 GF 34 REPORTS 406. Office Of Commissioner Seat Three/Deputy Mayor -The Honorable Gary Bonner Deputy Mayor Bonner apologized for missing the last City Commission Meeting. ;P REPORTS 407. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Cade Resnick thanked those who attended the Leadership Seminole event. Commissioner Resnick then spoke of a possibility for Community Redevelopment Agency (CRA) funding at Diane's Park and asked if this was of interest to the City Commission; and noted that he had spoken with Mr. Chris Caldwell, Director, Parks and Recreation Department and stated, "This is an area that is eligible for monies up to two hundred and fifty thousand dollars ($250,000.00)." Deputy Mayor Bonner asked if there was a vision for development of this park? Mr. Caldwell said, "We are interested. We have not put together a design; we haven't done any type of a Needs Assessment or even presented it to our Advisory Board but we are very aware that with any funding source which we appreciate, there are also some future operating costs and do we want to incur those operating costs in that development, and who will it serve; so, there are a lot of unanswered questions still." With further comments, Deputy Mayor Bonner spoke about be willing to work with the Community Redevelopment Agency (CRA) on this and added, "Let's get a good plan together. Be more than happy to bring it forward, should it be the wishes of this body to do so." Commissioner Resnick added, "I think that is what Chris (Caldwell) was looking for was our Consensus to spend Staff time on this project before he does move forward with it." Deputy Mayor Bonner said, "I support it." Mayor Lacey asked the rest of the City Commission, "Is there any dissent to the Consensus for Chris (Caldwell) to proceed on a Diane's Park project ?" No objections were noted. Mayor Lacey then commented to Manager Smith, "You have got a Consensus." Commissioner Joanne M. Krebs then inquired, "What are you going to bring us back first? Just who it would serve..." Mr. Caldwell remarked, "...I would get all that information, give you some pictures, give you maybe some preliminary designs of what we're thinking, some ideas and some costs involved." Commissioner Krebs continued, "And then we would take it to the next step, if we feel that is a good idea ?" Manager Smith noted, "Absolutely — we would bring it to this body." Commissioner Krebs stated, "I agree." Deputy Mayor Bonner said, "Good idea." REPORTS 408. office Of Commissioner Seat Five -- The Honorable Joanne M. Krebs No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING — MAY 29, 20I2 PAGE 12 OF 34 Former Mayor John Bush who was in attendance was recognized. PUBLIC INPUT Mr. Greg Kass: addressed the City Commission and explained he was running for Seminole County Judge and mentioned his background. Deputy Mayor Bonner thanked Mr. Haas for attending their City Commission Meeting. Mr. Cary W. Brook, 1631 Wood Duck Drive, Winter Springs, Florida: commented on Regular Agenda Item "600 "; reviewed the proposed options related to the Unit 12/12A Wall and thought that "[Option] 2A" was the "Most acceptable" and his second choice would be for "Option 213". Mr. Brook noted past comments related to the wall; held the previous administration responsible; and questioned why the Unit 12112A property owners should have to pay and hoped there was "Fair and equitable solution ". Discussion followed on what sales people had told buyers in the Unit 12112A subdivision and whether there was any supporting documentation. Mr. David Boldt, 1632 Wood Duck Drive, Winter Springs, Florida: in regards to Regular Agenda Item "600 ", Mr. Boldt thought that "Option 2A" was the best choice but added that the City should pay to establish the Assessment program; noted that maintenance costs not paid over the years should be considered; and the assessment costs should be evaluated as they seemed high for a wall that needs little maintenance. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: commented about City funds to be paid for the benefits of a specific community as it relates to the Unit 12112A Wall and did not think that the City Charter was written to comply with such a situation; and did not want his tax dollars used for the Unit 12112A subdivision. Mr. Blaise Tretiss: addressed the City Commission and explained he was running for Public Defender for Seminole and Brevard County and mentioned his background. Ms. Virginia Cassady, 1629 Wood Duck Drive, Winter Springs, Florida: noted that at the last City Commission meeting she remarked that she was in favor of "Option 2A" as it relates to tonight's Regular Agenda Item "600" and suggested that "Since you own eighty percent (80 %) of the wall, to pay eighty percent (80 %) of all the costs " and commented on alternatives to an Assessment. Mr. Lee Lindsay, 1601 White Cloud Court, Winter Springs, Florida: in terms of Regular Agenda Item "600 ", Mr. Lee said that he did not think that costs should be placed on the Unit 12112A homeowners and did not agree that the wall needed to be torn down. Mr. Tim Jones, 1600 White Cloud Court, Winter Springs, Florida: remarked about his thoughts related to the various options noted in Regular Agenda Item "600 "; commented on issues with liability should the wall be taken down; that there is a "Material benefit" to having the wall; and also spoke of the other options. Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, Florida: spoke about the various options noted in Regular Agenda Item "600 ". >F: Tape I /Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 29, 2012 PAGE 13 OF 34 Continuing, Mr. Greenberg did not think much maintenance was required for a brick wall; and referenced the City's Reserves; that his home abuts Winter Springs Boulevard; commented on property values, and thought a fair solution should be considered. Mr. Greenberg also mentioned that the City should repair the wall and that none of;`� the residents caused this issue. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: spoke of the Wall in Unit 12112A, along with � curb appeal and back yards; and as a Winter Springs taxpayer, Ms. Carroll did not object to some of her taxpayer dollars being used to improve this wall, thought the Tuscawilla Lighting and Beautification District could possibly assist; and also mentioned Homeowners Associations and that "Op tion 2A" be considered." p y ' " � p � �. Mr. Roger Monroe, 1 667 Eagle Nest Circle, Winter Springs, Florida: representing the Glen Eagle Homeowner's Association, Mr. Monroe commented about Regular Agenda Item "600" and hoped the Unit 12112A Wall is not torn down and that the wall can be repaired as it affects the whole community; and that their community wall was repaired for less than fifty thousand dollars ($50,004.00). Mr. Mark Galvin, 1604 Northwind Court, Winter Springs, Florida: spoke about previous Assessments; how the wall benefits everyone in Tuscawilla, and the best options he thought were "[Option] 2A" or "[Option] 2B "; and thought there was some responsibility on the part of the City. Mr. Jack Rutherford, 1634 Winter Springs Boulevard, Winter Springs, Florida: said he was representing Mr. Ted Johnson and the Tuscawilla Homeowners Association (THOA) and that they supported keeping the wall. As a resident, Mr. Rutherford personally thought that if wall came down, liability and curb appeal would be affected. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Public Works Department REQUEST: The Public Works Department requesting the City reading and adoption of ordinance 2012 -04 amendin g speed limits. Commission hold a Public Hearing for the second Section 12 -52 of the City Code regarding vehicular FISCAL IMPACT: Ordinance 2012 -04 has no fiscal impact. 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 SPECIAL MEETING - MAY 29, 2412 PAGE 14 OF 34 RECOMMENDATION: Staff recommends the City Commission approve the second reading and adoption of ordinance 2012 -04. City Attorney Anthony A. Oarganese read Ordinance 2012 -04 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. Commissioner Resnick left the dais at 6.• 16 p. m. "MOTION To APPROVE." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. Commissioner Resnick returned to the dais at 6.• 17 p. m. VOTE: DEPUTY MAYOR BONNER. AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED, Mayor Lacey summarized, "Ordinance 2012 -04 is passed." PUBLIC HEARINGS 501. office of the City Attorney REQUEST: The City Attorney and the City Clerk request that the City Commission adopt on Second/Final Reading, Ordinance 2012 -08, which makes minor, editorial revisions to the City's existing requirements applicable to City boards and committees and their members. FISCAL IMPACT: There is no fiscal impact resulting from the adoption of this ordinance except for legal advertising required by Florida law prior to second/final. reading. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2012 PAGE 15 OF 34 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlertleCitizen Recipients; 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 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; And Has 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Attorney and City Clerk recommend the City Commission adopt Ordinance 2012 --08 on Second/Final Reading Attorney Garganese read Ordinance 2012 -08 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. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Lacey stated, "Ordinance 2012 -08 is Approved on Second Reading." Former Mayor John Bush was again recognized. PUBLIC HEARINGS 502. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the approval of a Conceptual Plan for GrandeVille at Town Center, a 244 unit, 4 -story apartment complex located adjacent to City Hall at the northwest corner of the intersection of Doran Drive and SR 434. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL. MEETING - MAY 29, 2012 PAGE 16 OF 34 FISCAL IMPACT. A more detailed fiscal impact analysis will be provided by the applicant prior to the submittal of final engineering plans. A preliminary potential tax revenue of the proposed project has been prepared by staff and is as follows: Apartments (244 units) assessed tax Income approach: value $28,029,24411000 = 28029.244 28029.244(2.5600) = $71 $71,754.86 (less the 4% statutory discount) _ $28 $68,884.67 tax revenue *Please see the 2012 Income Approach Worksheet (Attachment B) for the methodology used in determining the assessed tax value. Taxes paid on vacant land now data obtained from Seminole Coun Pro e Appraiser $1,208,657 assessed value for entire parcel 1,208,65711000 = 1208.657 1208.657 x 2.5814 = 3120.03 Total Potential Tax Revenue: (68,884.67 + 3120.03 = 72,004.70) $1,208,657 assessed tax value $3,120.03 tax revenue $72,004.70 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the Conceptual Plan for GrandeVille at Town Center. Mr. Bobby Howell, AICP, Planner, Community Development Department presented this for discussion, and noted, "This is a rendering of the project. It is a proposed rendering. It will be finalized once we do the Aesthetic Review process which is required to come back before this Board for final approval." Furthermore, Mr. Howell stated, "At the time the Final Engineering Plan is presented for Approval, Staff will present a request for a Conditional Use to permit a large footprint building in the Town Center, pursuant to the Town Center Code requirements. It's anticipated that the footprint of the building will be over 20,000 square feet and thus the Town Center Code requires a Special Exception for that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2012 PAGE 17 OF 34 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. Commissioner Krebs asked about access points for pedestrians. .fir. Chad Hochuli, LeC'esse Development Corporation, 650 South Northlalke .Boulevard, Suite 450, Altamonte me=r! Springs, Florida: showed some of the access points and mentioned there was one, "Through the club house and there is an access point here. We're still in the final stages of defining every access point that is in the building." Continuing, Commissioner Krebs inquired, "And just anybody has access ?" Mr. Hochuli explained, "It's going to be for our tenants. It's going to be our tenant community that's going to have access." Commissioner Krebs then asked about someone walking by and could they gain access? Mr. Hochuli mentioned that Police and Fire have had been involved in the review of access. Commissioner Resnick inquired about parking, to which Mr. Hochuli noted, "There is also some parking here along Doran Drive as well — some parallel parking." Next, Commissioner Krebs asked Mr. Hochuli, "Will you have cameras ?" Mr. Hochuli responded by saying, "We have not developed all of our — security strategies yet." "I MOTION WE APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMNIISSIONER KREBS. DISCUSSION. ATTORNEY GARGANESE STATED, "JUST BECAUSE WE'VE HAD A CODE CHANGE IN JANUARY, I JUST WANT TO MAKE SURE THAT THE APPLICANT IS AWARE THAT UNDER THESE PRELIMINARY REVIEW APPLICATIONS — IT'S JUST AN OPTIONAL PRELIMINARY REVIEW. IT'S NON -BINDING ON THE CITY COMMISSION. THESE APPLICATIONS ARE NOW SUBMITTED AT THE SOLE COST AND RISK OF THE APPLICANT AND THEY HAVE TO GO THROUGH THE REMINDER OF THE PROCESS AND I JUST WANT TO MAKE SURE THAT MR. HOCHULI UNDERSTANDS THAT THIS IS A NON- BINDING DETERMINATION BY THE COMMISSION." VOTE: COMMISSIONER RE SNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Lacey remarked, "Conceptual Plan for GrandeVille is approved." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING --- MAY 29, 2412 PAGE 18 OF 34 PUBLIC HEARINGS 503. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the approval of a Conditional Use for the proposed Moss Park Mixed Use Area, located on the north side of SR 434, east of the intersection of Moss Road and SR 434; located directly on SR 434 in front of the Moss Park Apartment site. The requested Conditional Use is to allow multi - family residential in the C -1 (Neighborhood Commercial) zoning district. The multi- family is proposed to be vertically integrated with C -1 commercial uses on the bottom floor of the building. The subject property is a portion of the former Saratoga Condominium project. FISCAL EVIPACT: The approval of a Conditional Use for Moss Park Apartments is anticipated to create a positive fiscal impact which will allow the development of the mixed -use center with the multi - family residential component. Development of the mixed -use center is anticipated to create jobs and add taxable value to the City. Apartments (15 units Income approach: $601,330* assessed tax value $601,33011000 = 601.33 601.33(2.5600) _ $1 $1,539.40 (less the 4% statutory discount) _ $1,477.82 tax revenue *Please see the 2012 Income Approach Worksheet (Attachment B) for the methodology used in determining the assessed tax value. Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel 100/1000 = 0.1 0.1 x 2.5600 = 0.256 Total Potential Tax Revenue: (1477.82 + 0.256 = 1478.08) Retail (6,000 square feet} Units (6,000 square feet) assessed at $90/square foot: (6,000 x 90 = 540,000) $540,00011000 = 540.00 540(2.5600) = $1382.40 $1,382.40 (less the 4% statutory discount) _ $100 assessed tax value $0.256 tax revenue $1478.08 $540,000.00 assessed tax value $1327.10 tax revenue Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel $100 assessed tax value 1 00/1 040 = 0.1 0.1 x 2.5600 = 0.256 Total Potential Tax Revenue: (1327.10 + 0.256 = 1327.36) Total taxable value for entire site: (1478.08 + 1327.36 = 2805.44) $0.256 tax revenue $1327.36 $2,805.44 total F' "w CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING --- MAY 2% 2012 PAGE 19 OF 34 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, Ci ty Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, y 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 a Conditional Use for the Moss Park Mixed Use site to permit multi - family residential uses in the C -1 (Neighborhood Commercial) zoning district. Mr. Howell introduced this Agenda Item. On the subject of parking, Mr. Howell explained, "When the Plan is submitted, basically, we'll take a look at it and make sure it is complies with all the applicable parking requirements of our Code. The way it works right now currently, is that if someone proposes a Commercial Use and let's say it is a shopping center, we look to make sure that there is adequate parking addressed." Discussion followed on the number of commercial businesses related to parking for this facility; to which Mr. Howell noted that parking, ratios are outlined in Chapter 9 of the City Code. Deputy Mayor Bonner commented on a note on the Plans, "Possibly remove ten (10) additional spaces depending - it seems to me that if there is a concern about the viability of the retail space commercially, based on parking, that we might be well served to really pay a lot of attention to taking ten (10) spaces out of play." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department explained, "This was a proposal that again had been considered by the Applicant, and speaking with then/, as we get into Final Engineering on this project, obviously it behooves them to not rent space to someone who doesn't have parking; so, for those reasons, they will take a close look at any medical offices, any restaurants, things of that nature because it's as important to them, maybe even more so, that the tenants have adequate parking; not only for the residential but also for the commercial. Again understanding that the Commercial Uses right now are 'C-1'. What we're considering tonight is the addition of the residential in that `C -1' so we would apply it to this particular commercial parcel. Any of the parameters that we would normally apply to commercial development in this area, making sure that the adequate parking is adequate and again, this is something we're going to be going through in the Final Engineering stage of this project." Deputy Mayor Bonner suggested that the Applicant is advised that he be looking at a "Successful formula there that guaranteed success; so, the parking is key to that success, and parking ratio is key to that success. I will be paying close attention to that on a go forward basis." Deputy Mayor Bonner added, "We want the commercial space as well as the residential space to be successful, or at least I do." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29 2012 PAGE 20 OF 34 Commissioner Krebs spoke of the business and residential and noted, "For instance, I don't think that we would want to see a smoke shop below because then the residents would never be able to open their windows during the good weather." Continuing, Commissioner Krebs mentioned, "What would be helpful is when we have these types of things come before us is to have — a list of `C -1' allowable uses so that we could see if we wanted to ask you to do any exceptions." Commissioner Krebs added, "I think if we had the `C-- I' list right here, we would be able to look at that." Furthermore, Commissioner Krebs then said that Mr. Stevenson had told her, "Where there are restaurants, sometimes you have to have a lot more parking - and the business use during the day or night. If it is going to be an evening and it might not be allowable, simply because they have too much traffic. So, we need to take that into consideration when we Vote on this project." Mr. Stevenson noted, "You're right Commissioner; and again, I was speaking as recently as tonight with the Applicant and they understand that. Their concern obviously is whoever this space is leased to, that that - business has adequate parking as I think you all have voiced tonight. So, that is a major concern of theirs as well. So we'll be looking into that once we get to the Final Engineering; and they will probably be discussing some types of Uses — if you have 6,000 square feet, and 3,000 feet of it is a restaurant, I think we have some concerns there." Additionally, Commissioner Krebs stated, "Any kind of chemical based..." Mr. Stevenson mentioned, "...'C- I' ... `C -I' is our - most neighborhood friendly commercial district." Commissioner Hovey suggested, "Maybe the Applicant can put in some sort of reserve spaces for the residential because I can see us having a problem like we have in a couple of our neighborhoods where people are complaining there is no parking, and they have come to us for relief from parking — and if they have businesses that are open at night, a resident could maybe come home 9:00 or 10 o'clock at night and there are no parking spaces. So, where are they going to park ?" Commissioner Hovey added, "That could be an issue and I think that needs to be addressed too, before they move forward." Commissioner Resnick stated, "This is a family friendly environment. We talk of restaurants possibly and we have approved homes to go behind there. Some recent businesses opened up and we have had residents complain that they can hear noise from those." Commissioner Resnick suggested this be considered. Next, Commissioner Brown remarked, "I am kind of hesitant to move this forward unless we have a really good idea of the parking situation." Mr. Marc Gautier, Atlantic Housing Partners, LLP, 700 Vest Morse Boulevard, Suite 220, Winter Park, Florida: addressed the City Commission and stated, "We have spoken'with Staff about parking on a number of occasions. I think it's important to note that we're also developing the Moss Park Apartments and the Moss Park Apartments as of today, has almost twice the number of spaces that City Code requires for apartment communities. We have told Staff that we are completely willing to do a Cross- Parking Agreement between the two (2) uses and provide adequate parking within the apartment community for the residential units, so that that allows the entire parking lot in the front to be open for the commercial uses. I also wanted to explain a little bit about the reduction of the parking spaces. We agreed that in order to have a viable commercial component, you have to unfortunately have a lot of parking; but that's just the way the business works. We're attempting to attract into one of the halves of the building, we're trying to attract a Day Care." Mr. Gautier added, "We feel that if we can get a Day Care in half of the property, we don't need the excess parking. What we would need is the ability to have some open space on the outside for the children to play, and that was the reason for the ten (10) spaces." Further comments followed on parking numbers and ratios. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING — MAY 29, 2012 PAGE 21 OF 34 Commissioner Brown stated, "I think that would probably be the only way I would be comfortable with it is all the residential parking was behind, and the front was open for retail." Discussion followed on pedestrian access, and shared parking, and a previous condominium project. Mr. Gautier added, "I think it makes sense for the residential users to be able to park behind the gates. I don't think it makes any sense for anybody who is going to the commercial area to be parking behind a gate; and I don't think it makes any sense for any residential user to take up a valuable commercial space in the front..." Commissioner Krebs inquired of Mr. Gautier "...So where do you show that on here? Where do I see the parking for the residential component ?" Mr. Gautier then said, "It's not shown on our Site Plan." Furthermore, Mr. Gautier stated, "What's in front of you today is the Conditional Use to allow the residential component. The Site Plan is not in front of you tonight. When we do bring the Site Plan in front of you, we are happy to include drafts of the Cross Parking Agreement." Commissioner Krebs stated, "This is where we have our problem and we have had in the past where we see part of something, not all of something, then you want us to make a decision. We don't want to make a decision because we don't see the whole picture and that is what we want to see." Mr. Gautier then said, "I am certainly happy to commit to when this Site Plan does come back to the City, to include that component." Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed a former project and parking with the City Commission. Commissioner Hovey added, "This Plan and the apartments are totally different than the Plan that was there and then plus the Atlantic Housing, so you can't compare them. It's like comparing apples and oranges. You can't do that. And if I am a resident renting an apartment or whatever those are above the commercial property, I am not going to want to come home after a long day of work, maybe stopped at the grocery store and pull in to find there is no parking; and now I have to go out and around. And it could be over a block that somebody is needing to park and walk to their apartment. I wouldn't Approve that because I wouldn't be happy doing that and I don't think any of our residents would. I need to see more than what we have up there. I like the idea. I like it for my side of Winter Springs because it will help the development on the west side of Winter Springs but the parking situation, I can't agree to it." Commissioner Resnick commented, "I would like to see something more concrete. Are the people that are going to be residents above the commercial, people who are also going to be residents of Moss Park? What are their restrictions? What are their rules because we're approving this with just an apartment setting? What are the restrictions ?" Tape 2/Side A Commissioner Krebs spoke of a scenario of climbing stairs with groceries and noted, "You are going to have to climb possibly two (2) flights of stairs, because there is no elevator, just so you know -- so I do have concerns with that. But here we are with a big parking in the front and we actually were talking about parking, but then we are told, well, we are not really talking about parking, because it is `Concept' and yes I understand all of that - we already said that we like having commercial and residential on the top. We talked about in the Town Center, we talked about it up and down here. So, that concept is great. We want to see more. And that is not what I want to Vote on either." Deputy Mayor Bonner asked "Should there be a Conceptual Plan discussion prior to a Conditional Use discussion? Maybe that is not the way it flows today or it is designed to flow today, but that might have been the opportunity for these questions to have been brought forward." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2012 PAGE 22 OF 34 Manager Smith said, "Commissioner, you bring up a good point. My first response is there's always room to improve the process." Further comments. Attorney Garganese explained, "This is more of a binding Application for a Conditional Use as the Manager indicated. You have the ability to impose reasonable conditions upon this particular application if you want to approve it at this point; but it's the Applicant's burden for a Conditional Use to present sufficient information for you to make a decision on the issue that is being presented. The issue that is being presented is whether or not there should be a Multi- Family Mixed -Use component to this fte=r: `C- l' property because Multi - Family is not currently allowed in the 'C-l' Zoning District. So, you need to have sufficient information presented to you, so you're comfortable with making a decision to authorize the Multi - Family Use." Attorney Garganese added, "They are saying we want the authority to have a Multi- Family Use component to this project; so, as a condition, it appears to me the condition is that there's a Multi - Family Use component and a Commercial Use component. And when you look at the two (2), they impact the parking issue. And one of the conditions in the code, you approve a Conditional Use, is to look at site constraints, site configuration, the Uses that are being proposed for this particular property. So, if you all aren't comfortable in you have enough information to approve the two (2) components, Multi - Family and commercial, you ought to postpone the application, until you get the information presented to you." Further comments. Deputy Mayor Bonner stated, "I would say, were this a Concept discussion, which it is not — I like the concept. But since we're not talking about concept, we're talking about Conditional Use, I am also going to say, I don't have enough information on the Conditional Uses for commercial and for residential to make a comfortable decision." Deputy Mayor Bonner added, "I would like to ask the Applicant or the Staff to address some of the comments that we have presented tonight and not place us in a position of having to render a decision that may not be favorable if we did have the benefit of that additional information." "MAKE A MOTION TO POSTPONE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION FOLLOWED ON THE ADVERTISING. MAYOR LACEY ASKED MR. STEVENSON, "WOULD YOU BE READY IN THIRTEEN (13) DAYS TIME ?" MR. STEVENSON SAID, "I AM HEARING FROM THE APPLICANT THAT WE CAN." Mayor Lacey opened the "Public Input " portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input " portion of the Agenda Item. MAYOR LACEY REFERENCED THE CURRENT MOTION TO POSTPONE AND ASKED, "IS THERE AN OBJECTION FROM THE COMMISSION TO MODIFY THE MOTION To MAKE THAT POSTPONEMENT TO A DATE CERTAIN OF JUNE 11 (2012)? HEARING NONE, THE MOTION IS MODIFIED. SO THE MOTION BEFORE US IS TO POSTPONE ITEM `503' TO THE DATE CERTAIN OF JUNE 1 1 2012." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2012 PAGE 23 OF 34 VOTE: COMNIISSIONER HOVEY: AYE COMMISSIONER HItEBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE � DEPUTY MAYOR BONNER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Public Works and Community Development Departments REQUEST: The Public Works and Community Development Departments are requesting that the City Commission: (1) Affirm Staff s conclusion that the Tuscawilla Units 12/12A wall is in various states of disrepair and should be demolished and removed, replaced, or placed on a rehabilitation program for the ongoing repair, maintenance, and periodic upgrade of the wail; and (2) Review several options related to addressing the potential safety hazard concerns of the Tuscawilla Units 12/12A wall and provide final direction regarding the City's handling of those concerns. FISCAL IMPACT: This agenda item is requesting the City Commission to review all available information and provide final direction related to addressing the potential safety hazard concerns of the Tuscawilla Units 12/12A wall. The financial impact on the City will depend on the final direction given by the City Commission. Estimated rinancial impacts for the various options are stated above. 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 meeting notice has been mailed to all 90 Tuscawilla Units 12/12A property owners which included a link for downloading or viewing the complete agenda item in advance of the meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -- MAY 29, 2012 PAGE 24 OF 34 RECOMMENDATION: Staff recommends that the City Commission: Affirm Staff s conclusion that the Tuscawilla Units 12112A wall is in disrepair and should be demolished and removed, replaced, or placed on a rehabilitation program for the ongoing repair, maintenance, and periodic upgrade of the wall. Review the options for the Tuscawilla Units 12112A wall as outlined herein in order to provide final direction related to addressing the potential safety hazard concerns of the Tuscawilla Units 12112A wall, Discussion began with comments on fencing requirements for pools with Captain Chris Deisler, Police Department. Deputy Mayor Bonner then spoke on the "Ownership of the asset, the wall" to which Attorney G arganese noted, "Everything that's been presented to the Commission to date, does not reveal that the City technically owns the wall. That the City built the wall. That the City took ownership of the wall, etc. etc. However, the wall sits on property that is controlled by the City, the right -of -way. So, to that extent, the problem is yours in which to resolve." Discussion followed on whether the Tuscawilla Lighting and Beautification District could assist with this effort; special benefits; and the Assessment District process. Deputy Mayor Bonner then stated, "I haven't heard any advocacy for any position other than `Option 2', or version thereof. I have heard advocacy — I would say the advocacy in the majority of what I have heard is for `Option 2', for those that have spoken before the body or taken the time to write to us. There are various versions of `option 2' on the table as proposed and certainly `Option 2' seems to have met with some favor." Continuing, Deputy Mayor Bonner then spoke of knowing that the Glen Eagle subdivision and the Tuscawilla Homeowners Association were in favor of keeping the wall. Further, Deputy Mayor Bonner and Staff addressed issues such as the structural integrity of the wall; failure; wind load; and how to solve the 150 feet damaged wall issue. Deputy Mayor Bonner then mentioned the type of wall going up at the Greens at Tuscawilla as another possible consideration, along with materials and costs were discussed. In terms of this type of wall, Deputy Mayor Bonner added that he has seen this type of wall in many communities, with foliage and built at a lower cost while also providing security. Discussion followed with Mr. Fields. Deputy Mayor Bonner then said, "We need to take care of this matter, we need to do it right. We have an immediate issue of concern of the 150 feet that is at risk of collapse. Some of it is adjacent to school bus stops where children are present. We need to take care of that. I don't think yellow tape is doing that right away." Continuing, Deputy Mayor Bonner then remarked about property values, options and added, "I have consistently heard we want to have a beautiful place and I have heard a very strong set of voices also say we need to be fiscally conservative in our approach to this which at least in my time of service here, and to the credit of the City Manager and the Staff, we have a track record of doing so." Commissioner Krebs thanked the City Attorney and the City Manager for their time discussing this issue with her, and commented on how to best resolve this matter. Continuing, discussion followed on costs associated with the possible options. Commissioner Krebs clarified, "Somehow we have to get that wall in my opinion, where it belongs, number one (1). Number two (2), it needs to be a safe wall and the way it is now, it may be safe for a while but when does it fail and then what happens? Who pays for it then? It is going to come back and I have asked some numbers to be put together as to what it might look like if we actually did a Tuscawilla Greens wall." f. -f K• CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -- MAY 2% 2012 PAGE 25 OF 34 Commissioner Krebs then remarked, "If we did it, I want to know what the cost would be if we did a `[option] 2A' or an `[Option] 2B' which is what some of the suggestions are, regarding Assessments. Where that Assessment would end up; at what point — there would be a crossing point as far as the cost to maintain the current wall as it is now. It can't get better. It can only get worse. But when is that going to happen. And yes, and it could stay the same; - and that is probably a good guess. And so I don't know what our thoughts are but Kevin (Smith), did you come u with - I think I would like to y g a � } y p see that as an option as well. If we did this -- if we did a real analysis; if we look at it this way -- it may not be the correct analysis, but it is an analysis. I would like to see something like that. I don't know if you have that information or if you want to look at it tonight ?" Further, Commissioner Krebs stated, "I think we have to have an option if it is saying, if `Take down the wall and do nothing' is an option; but then one of the things that we talked about too, was when this happens, when we present this community with their options, that we hold an additional meeting with the community, maybe even in Tuscawilla — because it will go more than likely to a Straw Ballot, we have done that before. That they should know what they are Voting on and have every reason to understand what exactly each one means." Discussion followed on the current wall that needs to be replaced and that another section could also be in need of repairs at another time, and that we are not yet in Hurricane season, yet there have been two (2) storms already; that Tuscawilla Lighting and Beautification District dollars could not be used to repair this wall; and whether this same issue had happened anywhere else in the City, which has not been the case. Tape 2/Side B Commissioner Resnick commented on proposed costs, and representing all of Winter Springs residents, and that other residents wondered if the City would also fix other walls around the community as well. Commissioner Resnick then said, "For me, the best option as shared with everybody up here is `[Option] 2B' or as you presented, come back with a `2C' option, inevitably a different type of a wall, in which case, we can do things properly and move it into the Easement and start a full development in the Easement — that might be another option." Commissioner Brown also said he had received similar responses from other winter Springs residents and concern with funding one wall with winter Springs tax dollars. Continuing, Commissioner Brown stated, "The Attorney has pointed out to us, we don't technically own that wall. I completely agree with you -- we either have to go with `[Option] 2B' so that the City does not absorb the cost or there has to be a `2C'; and I. think Commissioner Bonner was probably on the right track, along with Commissioner Krebs where the wall has to come down and then the community gets to decide what needs to go in its place." Much discussion ensued on the proposed costs for Legal and Financial Consultants and whether Attorney Garganese's firm might be able to do the same job as to what was proposed. Mr. Steve Richart, Urban Beautification Division Services, Community Development Department addressed the suggested costs, and potential replacement and maintenance costs. Discussion followed on some of the proposed costs related to the proposed Assessment costs along with needed repairs to the wall, and a five (5) year refurbishment plan and regarding the five (5) year refurbishment plan, Mr. Richart explained, "That five (5) year plan would be to come in and do that in phases, worst areas first, to bring the wall up to something that - would be acceptable." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29 2012 PAGE 26 OF 34 Deputy Mayor Bonner then said to Mr. Richart, "We are not replacing the wall, we're maintaining the wall that is still sound — is that what I am hearing? You have got a five (5) year maintenance plan of maintaining the existing wall." Mr. Richart noted, `Bringing it up to cosmetic - appearance. Getting the appearance up to where it looks 6= sound as well as repairing grout joints. There are bricks missing." Mr. Fields explained that "option 2" is "Essentially making a down payment on a wall rehabilitation program. That thirty -two thousand [dollars] ($32,000.00) down payment completely replaces 150 feet of the wall with 150 feet that meets Code. The remainder of the wall is cosmetically repaired, the appearance of it. You could save up and replace certain sections of it but the remainder of the wall, the 2,550 feet still would not meet Code as far as meeting wind load. The only way it can do that really is if it's replaced and that's because the wall footing is inadequate. It didn't have adequate reinforcement, horizontally or vertically. It can't really be repaired at least at the level to meet Code, without substantial reconstruction which is essentially replacement." lip Discussion followed on insurance; potential issues; a proposed five (5) year maintenance plan; an Assessment District; associated risks; and Benefit Units. With further comments on an Assessment District, Commissioner Resnick said to Mr. Richart, "Continuing my logic of five (5) years, is your thought process to then come back to this body, whoever is sitting up here in five (5) years and say we need to continue this project, this maintenance plan --- or are you thinking after five (5) years the City has met its responsibility, the wall is now sound and we can move on." Mr. Richart responded, "I think it would be an ongoing program. obviously, we would continuously update the Commission on our progress; but, it would have to be ongoing - because one of the issues with this wall is that there's nobody to take care of it; so, the Assessment area would then be the - entity that would continue the maintenance from now on. So, I see it being an on -going thing. There's two (2) components in it though — there's a capital component and a maintenance component. The capital component would drop off at some point when the loan is satisfied. So, that's either five (5), ten (10) years, depending on the scenario that we take. If it's five (5) years, then the capital cost drops off in five (5) years. We're done. Unless something else happens or comes up that — needs to be done. The maintenance component would continue on, from now on." Mayor Lacey inquired of Mr. Richart, "If the Assessment District were set up, according to `Option 2', who would own the wall when that was done ?" Attorney Garganese noted, "It would be an affirmative act on the City to take on the obligation of the wall." Discussion followed on an Assessment; maintenance; what would happen if costs change; reserves; a possible other option; and costs associated with the Oak Forest Wall and Beautification Assessment District. Commissioner Brown suggested, "We could actually do a Bond — of some kind to cover the costs of tearing down the existing wall and putting up a new one and rolling that into the Assessment District with all costs over a twenty year (20) amortization to pay it off..." Mr. Richart stated, "...Yes, you could do that..." Commissioner Brown continued, "... Similar to what we did in Oak Forest." Mr. Richart added, "And if it were a small enough amount — I mean we financed, I think it was the oak Forest capital recently..." Commissioner Krebs said, "...Yes, actually the City then came back and said — the City can benefit and oak Forest can benefit if we do it this way." Commissioner Brown remarked, "If the rest of the Commission agrees, I would like to see some numbers brought back on that." Commissioner Krebs agreed. No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING — MAY 29, 2012 PAGE 27 OF 34 Manager Smith asked the City Commission, "Before we complete that conversation, I would ask for some thoughts on what type of capital costs are we looking at -- what kind of wall? A four hundred and seventy -five thousand dollar wall ($475,000.00) or a one hundred and thirty -five thousand dollar ($135,000.00) wall ?" Commissioner Krebs said, "Both." Manager Smith stated, "Can we do both? Certainly. Of course." Commissioner Brown added, "I am certainly thinking for cost factors, we do the Tuscawilla Greens wall." Commissioner Krebs then remarked, "Agreed." Mr. Richart mentioned he had those numbers, to which Mayor Lacey asked if that included the amortizing the cost of the wall.? Mr. Richart explained that he had Assessment information, but did not have an amortization schedule, and suggested that over "Twenty (20) years, your capital assessment is sixty -seven dollars ($57.00) a year." Clarifying what type of wall style, Mr. Richart said, "Actually, you'd want to do the Howell Creek Reserve, because it is brick. The Tuscawilla Greens has that stucco." Mayor Lacey asked, "Even across ninety (90) units ?" Manager Smith added, "Recurring costs to include the Assessment Attorneys and the financial folks." Mr. Richart pointed out, "Right. So, you'd have about fifty -seven hundred dollars ($5,700.00) in on-going costs. You'd still have your Assessment costs. I put seven hundred and fifty dollars ($750.00) a year in maintenance and that may be high. It was just a starting number. I mean that is powder coated aluminum and then you have your brick. You'd probably want to clean it and -- if there's any maintenance to do, so you'd want to put a number to start from for that." Further comments. Discussion followed next on Advisory Committees to which Deputy Mayor Bonner inquired, "Could we create the Special Assessment District and the Advisory Board and wait until we had their advisement, input as far as determining maintenance, replace, brick..." Manager Smith responded, "...You can create any body..." Deputy Mayor Bonner then inquired if we could get an Advisory Board "Constituted and allow those peer representatives of the ninety (90) affected citizens to actually weigh in on this by representing and providing the advice of their immediate constituents as far as what direction they want to go or do we have to set it up and get it rolling with some numbers ?" Manager Smith stated, "This Board could set up any Advisory Board for pretty much any purpose they see fit. So, if you all wanted to set a Unit 12 for lack of a better title, Advisory Board and seek their input on this or any matter, you certainly could do that. Staff would be available to provide support, numbers, so on and so forth." Discussion continued. Attorney Garganese stated, "In order to establish an Assessment — yes, there will be various Public Hearings, legal documents. Resolutions would have to be prepared and Voted on by the Commission. However, if you all, before you even set up an Assessment District wanted to constitute a local Unit 12 Board to give you a recommendation, as an Advisory Board, you could do that without having to go through the whole Assessment Resolution and process." Attorney Garganese added, that such Advisory Committees could "Start off Ad Hoc — hypothetically, they make a recommendation to go ahead and create an Assessment District. The Commission creates the Assessment District and permanently puts in place that board as a Special Assessment Advisory Board." Discussion followed on safety concerns, insurance matters, "The Greens at Tuscawilla" type of wall and related costs; and what potential assessments could be. - C M.-N-FE-1 CM� Tape 3 /Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2012 PAGE 28 OF 34 Further comments followed on potential landscaping costs to augment the suggested new version of proposed fencing and providing a buffer. Commissioner Resnick then asked Mr. Richart who would be responsible for the landscaping? Mr. Richart said the homeowner would be. Potential Code Enforcement concerns related to fences, and polls was addressed next followed by having a possible Straw Ballot. Deputy Mayor Bonner stated, "What I have heard in the majority for the affected property owners thus far, whether it's email correspondence or public comment is to go down the path of creating a Special Assessment District. obviously there is a desire for that to be the lowest possible cost. I like the idea of the affected citizens having as much input into the process as possible. Whether we conduct a Straw Ballot and ask ninety (90) — homeowners to give us their opinion about I don't know how many versions of discussion we have had up here, or we go ahead and create a temporary, which may become permanent, Advisory Board for Unit 12 and 12A to advise us. At the end of the day I think, I personally would like the residents to have some say in their destiny." Deputy Mayor Bonner added, "I think the direction is to go down the path of creating a Special Assessment District. What I am trying to get my hands around is the funding of its creation and what the ultimate cost would be." With further comments, Deputy Mayor Bonner asked about whether the City contributed any monies to the oak Forest Wall and Beautification District. Commissioner Brown remarked, "Not withstanding any of the emergency actions, I think the City Attorney and the Manager deemed that we need to make to protect our own liability, with parts of the fence that may need some immediate action by us. I think the order that I have in mind is create your Citizen Advisory Board; get them on board and start soliciting input; create the Assessment District with some up front funding from the City that will get paid back; decide on the type of wall that they ultimately want to see and would be willing to pay for; go out for the Bond that will fund the demolition and the reconstruction and then do so - do the tear down, the re -build and then manage it like any other Assessment District." Commissioner Krebs noted, "Because I heard you say the tear down and rebuild - that, in fact before having or at least when you have this, we have this Board - that we need to let that Board know exactly what the City's will is. In other words, what we are willing to do because they could come back with totally something that they suggest W- and we did not want that..." Commissioner Brown added, "...It is an Advisory Board..." Commissioner Krebs then suggested, "...I know and I understand that but they need to know, like is the City going to throw money into it -- do you know what I am saying — that part they need to know; so, that they can come up with their recommendations." Discussion followed on this type of Advisory Board./Committee or Ad Hoc Committee and how long it might need to last. Commissioner Brown added, "In response to a comment by Commissioner Krebs, I think as I sit here today, that all costs should be rolled into the Bond or the funding source. I think that maintains our integrity with the rest of the City and with the large number of citizens who have asked us not to proceed with City funding to make the project happen. I think this is a good compromise. It lowers the out of pocket for the residents involved; it gives them what they want. It preserves the integrity of the beautification of Winter Springs Boulevard and Tuscawilla as a whole and I think it keeps us whole in regard to representing the 35,000 that we represent." Commissioner Krebs said, "And you realize I agree with you." Commissioner Brown stated, "Absolutely." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 29, 2012 PAGE 29 OF 34 Mayor Lacey remarked, "Commissioner Brown, would it be correct to summarize your position as saying you want to create an Ad Hoc Advisory Board, and give them the direction that the Commission is amenable to the `Option 2B' is the approach they should be pursuing but we would be welcome to whatever recommendation that they come back to us, but that is the advice we are giving us so they don't go down the wrong track ?" Commissioner Brown added, ...I think `Option 2B' to the extent that the City does no long -term or not paid back out-of-pocket but I don't know that `[Option] 2B' fell back on pulling a Bond and funding the source. I think this is the `2C' we have been kind of considering." Mayor Lacey added, "So the key point is that there is no contribution from the City to the Assessment District..." Commissioner Brown said, ... Correct. And b doing a longer term amortization that — actually reduces the Y g g .. economic burden that we have been talking about along on the affected citizens." "I WILL MAKE A MOTION THAT WE PROCEED AS FOLLOWS: WE PROCEED WITH THE CREATION OF A CITIZEN'S ADVISORY BOARD OUT OF UNIT 12 AND 12A; FOLLOWING ON WITH THAT WE INVESTIGATE THE CREATION OF AN ASSESSMENT DISTRICT FUNDED UP FRONT BY THE CITY TO BE PAID BACK THROUGH WHATEVER FUNDING SOURCE IS DECIDED UPON. WE LOOK FOR THAT ADVISORY BOARD TO MAKE A DETERMINATION ON THE TYPE OR TYPES OF WALL THEY WOULD LIKE TO PURSUE. WE DECIDE ON THE APPROPRIATE BONDING/FUNDING SOURCE AND THEN PROCEED WITH A PLAN TO TEAR DOWN THE EXISTING WALL AND REBUILD." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. CITY CLERK ANDREA LORENZO-- LUACES SAID, "JUST A CLARIFICATION -- THIS IS AN ADVISORY BOARD; SO, IF SOMEBODY IS SITTING ON AN ADVISORY BOARD NOW - THEY WOULD NOT BE ABLE TO SERVE ON THIS?" ATTORNEY GARGANESE NOTED, "IT IS AN AD HOC COMMITTEE." COMMISSIONER KREBS, OTHER COMMISSIONERS, AND MAYOR LACEY NOTED THEIR AGREEMENT. COMMISSIONER HOVEY INQUIRED, "AND ALONG WITH THAT COMMITTEE, ARE WE GOING TO ASK FOR PEOPLE TO FILL OUT THE FORM AND SEND IT IN AND DO ALL THAT OR IS IT JUST GOING TO BE PEOPLE WE KNOW OR HOW ARE WE GOING TO DO THAT ?" MAYOR LACEY STATED, "STANDARD OPERATING PROCEDURE — I THINK OUR COMMISSIONERS ARE FREE TO DO IT ANY WAY THEY WISH." VOTE: DEPUTY MAYOR BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR 601. Public Works Department REQUEST: The Public Works Department requesting the City Commission adopt Resolution 2012 -15 establishing speed limits on City streets and adopting a related speed limit map pursuant to ordinance 2012 -04. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -- MAY 29, 2012 PAGE 30 OF 34 FISCAL IMPACT: Resolution 2012 -15 has no fiscal impact, with the exception of changing the speed limit signs on Shore Road and South Edgemon Avenue which will be completed using in-house resources. COMMUNICATIONS 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 adopt Resolution 2012 --15 establishing speed limits on City streets. "MOTION TO APPROVE (RESOLUTION 2012 -15)." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. VOTE: COMMISSIONER KRE BS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC INPUT Mr. Mark Walters, 1605 Little Sparrow Court, Winter Springs, Florida: complimented the City Commission on their deliberations and noted that there seemed to be an urgency by the City Commission to fix the 150 feet, and asked if a temporary Insurance Rider could be obtained so the whole wall could be handled in a long -term manner. Deputy Mayor Bonner stated, "Mr. Manager, can we ask you to research that or Mr. Attorney and see if we have got some sort of a way to protect the City from its liability in the interim, while we allow this entity to constitute itself. I don't know what steps that might be but perhaps there is something we can do ?" Manager Smith agreed. Mr. Tim Jones, 1600 White Cloud Court, Winter Springs, Florida: remarked about the decision related to Regular Agenda Item "600" and said he was not sure where the wall would be re -built and asked who would oven the wall if re- built? CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL. MEETING -- MAY 29, 2012 PAGE 31 OF 34 Attorney Garganese noted, "Hypothetically, assume the wall or fence or whatever is rebuilt, I would think that it would be located in the fenced Easement that has been dedicated to the public, pursuant to the Plat; and if an Assessment District is created, I'm assuming it would just be maintained by the City and the cost assessed to the property owners, just like all of the other Assessment Districts that the City currently has in place." Mr. Jones then followed up with "And does that follow with your earlier statement that once the City has taken on that role in the Assessment District, that the City actually owns the wall ?" Attorney Garganese stated, "The City would be obligated to take on the obligation to maintain that structure." Further comments followed on the wall and liability. Mr. Jones added for the Record that he lives along the wall and he has paid for repairs to sections of the wall near his home, and further asked about acknowledging liability. Deputy Mayor Bonner remarked, "The comments are historically accurate, that historically, and the records that we have available to us, proves the historical accuracy of those comments, that for whatever reason the wall was built, where it was built. We don't have any record of it being inspected. All we know is a Permit was pulled. I have the comment of one resident, the Brooks', who actually lived here before the wall was built and lived here after the wall was built. They received some comments from the builder representative that were shared tonight, the sales representative, that it was knowingly constructed in the City right -of- way." Continuing, Deputy Mayor Bonner remarked, "But the point is, the situation needs to be corrected. The current City Commission, or at least on behalf of my own Vote tonight, the response, the recognition of the responsibility is manifested in taking action to correct the deficiency now that it has been discovered and brought to light; so, I feel that for myself, in conducting and participating and voting - in deliberating and voting to bring forward this solution is to represent the City's obligation to correct this historical error that has come to light. So, I don't know if that satisfies your comments. I can't go back and change history, but - I can certainly participate in correcting the mistake and providing a solution going forward, that in my opinion is the most fair on behalf of the entire electorate of the City of Winter Springs. But thank you for your comments." Commissioner Brown remarked, "Mr. Jones, you are absolutely correct. The City did, or at least as far as our records show, we allowed the wall to be built. We didn't allow it to be built in the right place, we didn't inspect it properly. Our way of rectifying that at this point is to take it down. That's how we rectify our liability. People have told us we own the wall, we should fix it. Only way we can fix it, and fi x our liability is to tear it down. But, we have also heard from you, you being in the plural, that the wall is desirable, it adds to the community, it is something you want in place, and actually you want it enhanced. What we decided tonight accomplishes those things in my opinion, which is why I made the Motion." Commissioner Brown added, "But, that's not what everybody wanted to hear. We go the next step and make it what the community is asking us to do, I think by doing what I moved, and what was Voted on." Mr. Ken Greenberg, 1635 White Dove Drive, Tinter Springs, Florida: commented on not being pleased with the decision regarding Regular Agenda Item "600 "; remarked about what was just said by two (2) Commissioners regarding the City's liability but did not think this should be put back on the citizens; that if the brick wall was going to be taken down, he would probably put up a chain link fence; and commented further on landscaping and back yards; thought the Bond was a good idea; and that the City should pay a part of the liability. c �i Continuing, Mr. Greenberg asked how one would serve on the proposed Ad Hoc Committee. CITY of WINTER SPRINGS, FLaRIDA MINUTES CITY CoMMISSIoN SPECIAL MEETING - MAY 29, 2012 PAGE 32 of 34 Mayor Lacey answered, "Staff will be bringing back to us a Resolution that establishes the Ad Hoc Board within the next meeting or two (2)." Deputy Mayor Bonner said, "It will be my pleasure to Appoint someone to the Board. The process is that each Commissioner will make an appointment to the Board." Deputy Mayor Bonner offered his business card to Mr. Greenberg and added, "I'll need to make an Appointment and Mr. Greenburg and any of the other residents in the affected area, if you have an interest in participating as a representative on behalf of your community, I encourage you to come forward." Additionally, Deputy Mayor Bonner noted, "Feel free to correspond with me, but we're g going to want Volunteers obviously." g � �. r� Mr. Greenburg then said that the wall does not need to come down; to which Deputy Mayor Bonner pointed out, "One of the proposals we heard tonight from Staff was a maintenance program for the 2,550 feet, without it being removed." Further, Deputy Mayor Bonner noted, "The discussions that will take place within this board to bring forward a recommendation on behalf of the community are likely to be even broader than the discussions you heard tonight, because there will be a lot of ideas. There will be Staff support provided to you is the way the process works. There will be legal support provided to you is the way the process works; and the deliberations will be afforded the opportunity to take as long as necessary to bring forward, basically the recommendation for your community." Manager Smith mentioned, "Would the Commission like to give us any further direction on what they'd like the Board makeup to look like or are you all comfortable with us bringing back you all a recommendation? For example, the numbers of members, things like that ?" Commissioner Brown stated, "Sure." Manager Smith then asked, "Do I have a Consensus Mayor ?" Hearing no objections, Mayor Lacey remarked, "Yes." Deputy Mayor Bonner added, "Yes." Commissioner Resnick commented further on the Motion that had been Voted on and with additional comments related to tearing down, and rebuilding, Commissioner Hovey stated, "Tear it down and rebuild it." Commissioner Resnick reiterated, "Tear down and rebuild. Are we giving different direction at this point ?" Commissioner Brown stated, "No." Various Commissioners mentioned the proposed Ad Hoc Committee and Mayor Lacey summarized, "The Advisory Board is the key part of it." Mr. Joseph Lenart, 1695 Wingspan Way, Winter Springs, Florida: as the President of the Glen Eagle Housing Association, Mr. Lenart hoped that "We can maintain the continuity along Winter Springs Boulevard because it's not j ust one wall" and hoped the wall will be maintained. Mr. David Boldt, 163.E Wood Duck Drive, Winter Springs, Florida: said that in regards to Regular Agenda Item "600" that as an Architect, he feels the wall does not need to be replaced, that part of it just needs some repair and commented on the high maintenance costs for a steel fence and he did not want to pay for that. Mr. Boldt further remarked about wind load; the hurricanes that have come through this area; and that he also would like to serve on this proposed Ad Hoc Committee. Members of the City Commission and Mayor Lacey suggested ways he could contact them. Ms. Joyce Sundrnan, 991 Sleeping Rock Court, Winter Springs, Florida: mentioned they had a car damage their part of the wall; did not understand the numbers provided during the discussion of this Agenda Item; and that the wall does not need to be taken down. Ms. Sundman said she was in agreement with `[option] 2A' but thought the City needed to have some liability; that she has kept her part of the wall maintained, and did not think an iron walls would protect any pools that were along the fence line. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING — MAY 29, 2012 PAGE 33 OF 34 Mr. Jack Rutherford, 1634 Winter Springs Boulevard, Winter Springs, Florida: commented on Regular Agenda Item "640" and noted he was disappointed with the change in direction and that something new had been brought up. Mr. Rutherford thought the City should have some liability with this; and spoke of insurance related instances and thought it unfair for the City to not pay part of the related cost. Ms. Virginia Cassady, 1629 Wood Duck Drive, Tinter Springs, Florida: in terms of Regular Agenda Item `4600` Ms. Cassady did not think there was a lot of money to possibly be paid by the City and was not sure if the City would contribute to tearing the wail down? Mayor Lacey stated that "We did not address that question."' Ms. Cassidy then remarked if the administrative costs for a Special Assessment was still on the table for a tear down and re- build. Manager Smith remarked, "They would." Lastly, Ms. Cassidy commented on the abilities of Attorney Garganese and his firm and that she thought that Attorney Garganese's firm could handle a Special Assessment for much less than what has been proposed. Mayor Lacey mentioned, "We don't take the first estimate, we press them; and Staff is very diligent about getting the lowest bottom dollar." Mr. Mark Galvin 1604 Northwind Court, Tinter Springs, Florida: also in terms of Regular Agenda Item "600 ", Mr. Galvin inquired about the Motion and what the Ad Hoc Committee would be entrusted to do. Deputy Mayor Bonner further explained, "I believe that once this Advisory Board is constituted; has the opportunity for Staff and legal review and to the deliberations that the community will conduct in that Advisory Board; the answer to that question will come forward to us from the Advisory Board. So, if the deliberations take place and bring forward a recommendation to this body from the Advisory Board that says we can keep the 2,850 feet and therefore we don't have to enact the worst case scenario, then I think, at least for me, I think that would be a wonderful outcome. But, I don't know yet, not until there is an opportunity for those deliberations to take place, for Staff and for Legal Counsel to provide their input into that process, because we have had discussions about liability and Code and wind load, and all sorts of things that really have to be probed deeper than we could get to here at this meeting tonight." Tape 3/Side B Further discussion followed on the Motion, to which Commissioner Brown reiterated his Motion and said, "Let me clarify - my Motion was to one (1), form the advisory group; two (2), front load with City funding the Special Assessment District; three (3) that advisory council advises us on what type of wall they want, depending on what the cost of that wall was going to be; figure out what funding vehicle was necessary to do that; and then tear down and rebuild that wall. Now we have heard from our Engineers; we have heard from our Attorney. We can't tear down any portion of that wall and fix it unless we bring it up to Code. Right? We have also heard that we can repair that 150 feet. The fact that it has lasted twenty -seven (27) years, another 150 feet could fall next week if we get another tropical storm. There is no way of telling." Commissioner Brown added, "Now with that said, it is not locked in stone until we sign the order to do it..." Mayor Lacey stated, "...I think that is the most important point is that the only concrete action that is really going to happen is that we are going to create the Advisory Board. All the rest is guidance as to where we think that they should head and we hope that that is hopeful to them. But in the end, this Commission will look at it again and then, the final decisions on what happens." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING — MAY 29, 2012 PAGE 34 OF 34 Mr. Galvin commented further on a couple of constraints he thought were mentioned. Commissioner Brown added, "We can always look at recommendations a second time." Mr. Lee Lindsa 1601 White Cloud Court, Winter Sp Florida: again spoke on the decision related to � a3' g p Regular Agenda Item "600" and mentioned his part of the fence and landscaping that he installed and commented on liability. ADJOURNMENT Mayor Lacey adjourned the Special Meeting at 9:12 p.m. RESPECTFULL Y 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 T�R w Incorporated 1959 LQR1pp,. CITY COMMISSION MINUTES SPECIAL MEETING TUESDAY, MAY 29, 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 SPECIAL MEETING-MAY 29,2012 PAGE 2 OF 34 CALL TO ORDER The Special Meeting of Tuesday, May 29, 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,present A moment of silence was held,followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department-Planning Division REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information,Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 3 OF 34 INFORMATIONAL 101. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission of the results of a Senior Center Therapy Pool Survey#2. FISCAL IMPACT: None.Informational Only. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. INFORMATIONAL 102. Finance and Administrative Services Department REQUEST: City Manager and Finance Department transmitting the City's 2nd Quarter 2012 fiscal year- financial reports via The Executive Dashboard. FISCAL IMPACT: Current operations are proceeding as planned with no major deviations from the budget or strategic goals. 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. r _ CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 4 OF 34 RECOMMENDATION: It is recommended that the City Commission review and receive the executive financial dashboard reports. No discussion. INFORMATIONAL 103.Finance and Administrative Services Department REQUEST: The City Manager and the Finance and Administrative Services Department providing the Investment Report for the second quarter of fiscal year 2012 (quarter ending March 31, 2012) as prepared by PFM Asset Management LLC. FISCAL IMPACT: The weighted average yield at March 31,2012 is .40%. The Cities portfolio has duration of.9lyears. 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 that the City Commission review and accept the information provided in this agenda item. There was no discussion on this Agenda Item. INFORMATIONAL 104. Community Development Department-Urban Beautification Services Division REQUEST: The Community Development Department, Arbor Division, wishes to inform the Commission of plans to commence with planting trees in the rights-of-way along a portion of Northern Way in response to the recent Progress Energy Distribution Line Trimming efforts. FISCAL IMPACT: Progress Energy is donating$500 to purchase trees for the initial phase of our program. Additional money to purchase trees will be obtained from the Arbor Fund, which is derived from permit fees and tree banking donations. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 5 OF 34 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. In early March,information was sent via an E-Alert and published in Tuscawilla Today notifying residents of the proposed work in the rights-of-way along Northern Way. Letters were mailed to thirty-nine (39) residents that front Northern Way,from Tuscora Drive to Winter Springs Boulevard. The letters provided detailed information on the purpose of the work,where it would take place,the types of trees to be planted, and requested input from residents. The City Arborist received a total of five responses from the mail- outs,all without opposition to the project. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 105. Office of the City Clerk REQUEST: Requesting the City Commission receive a Draft Unapproved copy of the May 14, 2012 City Commission Regular Meeting Minutes for information purposes only. FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, 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 SPECIAL MEETING-MAY 29,2012 PAGE 6 OF 34 RECOMMENDATION: City Clerk requests the City Commission receive and review the information provided in this Agenda Item. (The attached Minutes in this Agenda Item are just for informational purposes and are not being Approved). This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Community Development Department REQUEST: The Community Development Department is asking the City Commission to approve Resolution 2012-12 which approves a Community Development Block Grant Cooperation Agreement with Seminole County. FISCAL IMPACT: While there is no immediate fiscal impact associated with the approval of this resolution, the resolution represents a means to access CDBG funds for potential future needs. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information,Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department recommends that the City Commission approve resolution 2012-12 which approves a Community Development Block Grant Cooperation Agreement and maintains the City's participation in the Urban Counties Program. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 7 OF 34 CONSENT 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department requests that the City Commission approve a one-year extension of the existing agreement with The Orlando Sentinel for Community Events' Marketing and Sponsorship Procurement and authorize the City Attorney to prepare the agreement addendum and the City Manager to execute the partnership agreement addendum between the City of Winter Springs and The Orlando Sentinel Communications Company. FISCAL IMPACT: This extension to the current agreement will aid our ability to provide community events with little to no utilization of tax dollars (other than for public safety). Staff is continuing to evaluate options to lower expenses& increase efficiency of operations. COMMUNICATIONS 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 a one-year extension of the existing agreement with The Orlando Sentinel for Community Events' Marketing and Sponsorship Procurement and authorize the City Attorney to prepare the agreement addendum and the City Manager to execute the partnership agreement addendum between the City of Winter Springs and The Orlando Sentinel Communications Company. This Agenda Item was not discussed. CONSENT 202. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission approve an agreement with CBS Radio Stations, Inc. for promotion and support for the City's 2012 and 2013 Celebration of Freedom events, and authorize the City Attorney to prepare the agreement and the City Manager to execute the agreement between the City of Winter Springs and CBS Radio Stations,Inc. FISCAL IMPACT: There is no compensation due CBS Radio Stations,Inc. from the City under this agreement. The City will receive promotional airtime and marketing and on-air talent for the 2012 and 2013 Celebration of Freedom events. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 8 OF 34 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information,Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Parks and Recreation Department is recommending the City Commission approve an agreement with CBS Radio Stations, Inc. for promotion and support for the City's 2012 and 2013 Celebration of Freedom events and authorize the City Attorney and City Manager to prepare and execute any and all applicable documents. No discussion. CONSENT 203. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 8,2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff,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 Rem Or Any Agenda Rem With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The August 8,2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 9 OF 34 "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Of The City's Second Quarter Financial Report For The 2012 Fiscal Year. (Quarter Ending March 31,2012)(This Is Related To Informational Agenda Item `102'.) Mr. Shawn Boyle, Director, Finance and Administrative Services Department presented this Agenda Item to the Mayor and City Commission and pointed out, "We have had some financing activities which have skewed the financials, so when you first look at it— it looks wonderful. A lot of that has to do with the financing activities with the Lake Jesup plant, so we hope to give you a much clearer, consistent picture from last year to this year; probably in the next quarter, we will be in front of you." Furthermore,Mr. Boyle stated, "We're in great shape. The Directors and the Employees have stayed ahead of the revenue shortfalls that we've come across and we are very optimistic about some good news." City Manager Kevin L. Smith spoke of the Utility Fund and "Debt coverage in that Fund—through the efforts of Kip (Lockcuff, P.E., Director, Public Works/Utility Departments) and Shawn (Boyle), I am here to tell you that we are 180 degrees opposite of that as of today." AWARDS AND PRESENTATIONS 301. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Providing The Investment Report For The Second Quarter Of Fiscal Year 2012 (Quarter Ending March 31,2012) As Prepared By PFM Asset Management LLC. (This Is Related To Informational Agenda Item `103'.) Mr. Boyle addressed the Mayor and City Commission with this presentation and stated, "In light of what you've got going on tonight, I'm going to summarize this also. The next time I come up here, I'm going to give you a much more in depth analysis of what's going on with our Investments." Continuing with his Report, Mr. Boyle gave a brief overview of the City's Investments. Mr. Boyle noted, "As I said before, I'll come up the next quarter in light of what's going on tonight and give you a much more in depth analysis of what sectors we've invested in, why we've done that. But, right now,we've done a pretty good job of preserving and avoiding any of the risks that have just come to fruition in the Bond Market." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 10 OF 34 Discussion. REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report. REPORTS 401. Office Of The City Manager—Kevin L. Smith No Report. 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 mentioned that Deputy Mayor Gary Bonner had assisted in arranging with Winter Springs High School representatives to attend our next City Commission Regular Meeting and have their award winning Character Key video shown. REPORTS 404. Office Of Commissioner Seat One —The Honorable Jean Hovey Commissioner Jean Hovey commented on the Florida League of Cities Annual Conference. REPORTS 405. Office Of Commissioner Seat Two—The Honorable Rick Brown Commissioner Rick Brown spoke of his schedule. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 11 OF 34 REPORTS 406. Office Of Commissioner Seat Three/Deputy Mayor-The Honorable Gary Bonner Deputy Mayor Bonner apologized for missing the last City Commission Meeting. REPORTS 407. Office Of Commissioner Seat Four—The Honorable Cade Resnick Commissioner Cade Resnick thanked those who attended the Leadership Seminole event. Commissioner Resnick then spoke of a possibility for Community Redevelopment Agency (CRA) funding at Diane's Park and asked if this was of interest to the City Commission; and noted that he had spoken with Mr. Chris Caldwell, Director, Parks and Recreation Department and stated, "This is an area that is eligible for monies up to two hundred and fifty thousand dollars($250,000.00)." Deputy Mayor Bonner asked if there was a vision for development of this park? Mr. Caldwell said, "We are interested. We have not put together a design; we haven't done any type of a Needs Assessment or even presented it to our Advisory Board but we are very aware that with any funding source which we appreciate, there are also some future operating costs and do we want to incur those operating costs in that development,and who will it serve; so,there are a lot of unanswered questions still." With further comments, Deputy Mayor Bonner spoke about be willing to work with the Community Redevelopment Agency (CRA) on this and added, "Let's get a good plan together. Be more than happy to bring it forward, should it be the wishes of this body to do so." Commissioner Resnick added, "I think that is what Chris (Caldwell)was looking for was our Consensus to spend Staff time on this project before he does move forward with it." Deputy Mayor Bonner said, "I support it." Mayor Lacey asked the rest of the City Commission, "Is there any dissent to the Consensus for Chris (Caldwell) to proceed on a Diane's Park project?" No objections were noted. Mayor Lacey then commented to Manager Smith,"You have got a Consensus." Commissioner Joanne M. Krebs then inquired, "What are you going to bring us back first? Just who it would serve..." Mr. Caldwell remarked, "...I would get all that information, give you some pictures, give you maybe some preliminary designs of what we're thinking, some ideas and some costs involved." Commissioner Krebs continued, "And then we would take it to the next step, if we feel that is a good idea?" Manager Smith noted, "Absolutely — we would bring it to this body." Commissioner Krebs stated, "I agree." Deputy Mayor Bonner said, "Good idea." REPORTS 408. Office Of Commissioner Seat Five—The Honorable Joanne M.Krebs No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING—MAY 29,2012 PAGE 12 OF 34 Former Mayor John Bush who was in attendance was recognized. PUBLIC INPUT Mr. Greg Hass: addressed the City Commission and explained he was running for Seminole County Judge and mentioned his background. Deputy Mayor Bonner thanked Mr. Haas for attending their City Commission Meeting. Mr. Gary W Brook, 1631 Wood Duck Drive, Winter Springs, Florida: commented on Regular Agenda Item "600"; reviewed the proposed options related to the Unit 12/12A Wall and thought that "[Option] 2A" was the "Most acceptable" and his second choice would be for "Option 2B". Mr. Brook noted past comments related to the wall; held the previous administration responsible; and questioned why the Unit 12/12A property owners should have to pay and hoped there was"Fair and equitable solution". Discussion followed on what sales people had told buyers in the Unit 12/12A subdivision and whether there was any supporting documentation. Mr. David Boldt, 1632 Wood Duck Drive, Winter Springs, Florida: in regards to Regular Agenda Item "600", Mr. Boldt thought that "Option 2A" was the best choice but added that the City should pay to establish the Assessment program; noted that maintenance costs not paid over the years should be considered; and the assessment costs should be evaluated as they seemed high for a wall that needs little maintenance. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: commented about City funds to be paid for the benefits of a specific community as it relates to the Unit 12/12A Wall and did not think that the City Charter was written to comply with such a situation; and did not want his tax dollars used for the Unit 12/12A subdivision. Mr. Blaise Tretiss: addressed the City Commission and explained he was running for Public Defender for Seminole and Brevard County and mentioned his background. Ms. Virginia Cassady, 1629 Wood Duck Drive, Winter Springs, Florida: noted that at the last City Commission meeting she remarked that she was in favor of"Option 2A" as it relates to tonight's Regular Agenda Item "600" and suggested that"Since you own eighty percent(80%)of the wall,to pay eighty percent(80%)of all the costs"; and commented on alternatives to an Assessment. Mr. Lee Lindsay, 1601 White Cloud Court, Winter Springs, Florida: in terms of Regular Agenda Item"600", Mr. Lee said that he did not think that costs should be placed on the Unit 12/12A homeowners and did not agree that the wall needed to be torn down. Mr. Tim Jones, 1600 White Cloud Court, Winter Springs, Florida: remarked about his thoughts related to the various options noted in Regular Agenda Item"600"; commented on issues with liability should the wall be taken down;that there is a"Material benefit"to having the wall; and also spoke of the other options. Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, Florida: spoke about the various options noted in Regular Agenda Item"600". Tape 1/Side B CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 13 OF 34 Continuing, Mr. Greenberg did not think much maintenance was required for a brick wall; and referenced the City's Reserves;that his home abuts Winter Springs Boulevard; commented on property values, and thought a fair solution should be considered. Mr. Greenberg also mentioned that the City should repair the wall and that none of the residents caused this issue. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: spoke of the Wall in Unit 12/12A, along with curb appeal and back yards; and as a Winter Springs taxpayer, Ms. Carroll did not object to some of her taxpayer dollars being used to improve this wall, thought the Tuscawilla Lighting and Beautification District could possibly assist; and also mentioned Homeowner's Associations and that"Option 2A"be considered." Mr. Roger Monroe, 1667 Eagle Nest Circle, Winter Springs, Florida: representing the Glen Eagle Homeowner's Association, Mr. Monroe commented about Regular Agenda Item "600" and hoped the Unit 12/12A Wall is not torn down and that the wall can be repaired as it affects the whole community; and that their community wall was repaired for less than fifty thousand dollars($50,000.00). Mr. Mark Galvin, 1604 Northwind Court, Winter Springs, Florida: spoke about previous Assessments; how the wall benefits everyone in Tuscawilla, and the best options he thought were "[Option] 2A" or"[Option] 2B"; and thought there was some responsibility on the part of the City. Mr. Jack Rutherford, 1634 Winter Springs Boulevard, Winter Springs, Florida: said he was representing Mr. Ted Johnson and the Tuscawilla Homeowners Association(THOA)and that they supported keeping the wall. As a resident, Mr. Rutherford personally thought that if wall came down, liability and curb appeal would be affected. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Public Works Department REQUEST: The Public Works Department requesting the City Commission hold a Public Hearing for the second reading and adoption of Ordinance 2012-04 amending Section 12-52 of the City Code regarding vehicular speed limits. FISCAL IMPACT: Ordinance 2012-04 has no fiscal impact. 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 SPECIAL MEETING-MAY 29,2012 PAGE 14 OF 34 RECOMMENDATION: Staff recommends the City Commission approve the second reading and adoption of Ordinance 2012-04. City Attorney Anthony A.Garganese read Ordinance 2012-04 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. Commissioner Resnick left the dais at 6:16 p.m. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. Commissioner Resnick returned to the dais at 6:17 p.m. VOTE: DEPUTY MAYOR BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey summarized, "Ordinance 2012-04 is passed." PUBLIC HEARINGS 501. Office of the City Attorney REQUEST: The City Attorney and the City Clerk request that the City Commission adopt on Second/Final Reading, Ordinance 2012-08, which makes minor, editorial revisions to the City's existing requirements applicable to City boards and committees and their members. FISCAL IMPACT: There is no fiscal impact resulting from the adoption of this Ordinance except for legal advertising required by Florida law prior to second/final reading. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 15 OF 34 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; 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 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; And Has 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Attorney and City Clerk recommend the City Commission adopt Ordinance 2012-08 on Second/Final Reading Attorney Garganese read Ordinance 2012-08 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. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Lacey stated, "Ordinance 2012-08 is Approved on Second Reading." Former Mayor John Bush was again recognized. PUBLIC HEARINGS 502. Community Development Department-Planning Division REQUEST: The Community Development Department-Planning Division requests the City Commission hold a public hearing for the approval of a Conceptual Plan for GrandeVille at Town Center, a 244 unit, 4-story apartment complex located adjacent to City Hall at the northwest corner of the intersection of Doran Drive and SR 434. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 16 OF 34 FISCAL IMPACT: A more detailed fiscal impact analysis will be provided by the applicant prior to the submittal of final engineering plans. A preliminary potential tax revenue of the proposed project has been prepared by staff and is as follows: Apartments(244 units) $28,029,244.00* assessed tax Income approach: value$28,029,244/1000=28029.244 28029.244(2.5600)=$71,754.86 $71,754.86(less the 4% statutory discount)= $68,884.67 tax revenue *Please see the 2012 Income Approach Worksheet (Attachment B) for the methodology used in determining the assessed tax value. Taxes paid on vacant land now(data obtained from Seminole County Property Appraiser) $1,208,657 assessed value for entire parcel $1,208,657 assessed tax value 1,208,657/1000= 1208.657 1208.657 x 2.5814=3120.03 $3,120.03 tax revenue Total Potential Tax Revenue: $72,004.70 (68,884.67+3120.03=72,004.70) COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information,Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the Conceptual Plan for GrandeVille at Town Center. Mr. Bobby Howell, AICP, Planner, Community Development Department presented this for discussion, and noted, "This is a rendering of the project. It is a proposed rendering. It will be finalized once we do the Aesthetic Review process which is required to come back before this Board for final approval." Furthermore, Mr. Howell stated, "At the time the Final Engineering Plan is presented for Approval, Staff will present a request for a Conditional Use to permit a large footprint building in the Town Center, pursuant to the Town Center Code requirements. It's anticipated that the footprint of the building will be over 20,000 square feet and thus the Town Center Code requires a Special Exception for that." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 17 OF 34 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. Commissioner Krebs asked about access points for pedestrians. Mr. Chad Hochuli, LeCesse Development Corporation, 650 South Northlake Boulevard, Suite 450, Altamonte Springs, Florida: showed some of the access points and mentioned there was one, "Through the club house and there is an access point here. We're still in the final stages of defining every access point that is in the building." Continuing, Commissioner Krebs inquired, "And just anybody has access?" Mr. Hochuli explained, "It's going to be for our tenants. It's going to be our tenant community that's going to have access." Commissioner Krebs then asked about someone walking by and could they gain access? Mr. Hochuli mentioned that Police and Fire have had been involved in the review of access. Commissioner Resnick inquired about parking, to which Mr. Hochuli noted, "There is also some parking here along Doran Drive as well—some parallel parking." Next, Commissioner Krebs asked Mr. Hochuli, "Will you have cameras?" Mr. Hochuli responded by saying, "We have not developed all of our—security strategies yet." "I MOTION WE APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY GARGANESE STATED, "JUST BECAUSE WE'VE HAD A CODE CHANGE IN JANUARY, I JUST WANT TO MAKE SURE THAT THE APPLICANT IS AWARE THAT UNDER THESE PRELIMINARY REVIEW APPLICATIONS — IT'S JUST AN OPTIONAL PRELIMINARY REVIEW. IT'S NON-BINDING ON THE CITY COMMISSION. THESE APPLICATIONS ARE NOW SUBMITTED AT THE SOLE COST AND RISK OF THE APPLICANT AND THEY HAVE TO GO THROUGH THE REMINDER OF THE PROCESS AND I JUST WANT TO MAKE SURE THAT MR. HOCHULI UNDERSTANDS THAT THIS IS A NON-BINDING DETERMINATION BY THE COMMISSION." VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Lacey remarked, "Conceptual Plan for GrandeVille is approved." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 18 OF 34 PUBLIC HEARINGS 503. Community Development Department-Planning Division REQUEST: The Community Development Department-Planning Division requests the City Commission hold a public hearing for the approval of a Conditional Use for the proposed Moss Park Mixed Use Area, located on the north side of SR 434,east of the intersection of Moss Road and SR 434; located directly on SR 434 in front of the Moss Park Apartment site. The requested Conditional Use is to allow multi-family residential in the C-1 (Neighborhood Commercial) zoning district. The multi-family is proposed to be vertically integrated with C-1 commercial uses on the bottom floor of the building. The subject property is a portion of the former Saratoga Condominium project. FISCAL IMPACT: The approval of a Conditional Use for Moss Park Apartments is anticipated to create a positive fiscal impact which will allow the development of the mixed-use center with the multi-family residential component. Development of the mixed-use center is anticipated to create jobs and add taxable value to the City. Apartments(15 units) Income approach: $601,330*assessed tax value $601,330/1000=601.33 601.33(2.5600)=$1,539.40 $1,539.40(less the 4% statutory discount)= $1,477.82 tax revenue *Please see the 2012 Income Approach Worksheet (Attachment B) for the methodology used in determining the assessed tax value. Taxes paid on vacant land now(data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel $100 assessed tax value 100/1000=0.1 0.1 x 2.5600=0.256 $0.256 tax revenue Total Potential Tax Revenue: $1,478.08 (1477.82+0.256= 1478.08) Retail(6,000 square feet) Units(6,000 square feet)assessed at$90/square foot: $540,000.00 assessed tax value (6,000 x 90=540,000) $540,000/1000=540.00 540(2.5600)=$1382.40 $1,382.40(less the 4% statutory discount)= $1327.10 tax revenue Taxes paid on vacant land now(data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel $100 assessed tax value 100/1000=0.1 0.1 x 2.5600=0.256 $0.256 tax revenue Total Potential Tax Revenue: $1,327.36 (1327.10+0.256= 1327.36) Total taxable value for entire site: $2,805.44 total (1478.08+ 1327.36=2805.44) CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 19 OF 34 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 a Conditional Use for the Moss Park Mixed Use site to permit multi-family residential uses in the C-1 (Neighborhood Commercial)zoning district. Mr. Howell introduced this Agenda Item. On the subject of parking, Mr. Howell explained, "When the Plan is submitted, basically, we'll take a look at it and make sure it is complies with all the applicable parking requirements of our Code. The way it works right now currently, is that if someone proposes a Commercial Use and let's say it is a shopping center, we look to make sure that there is adequate parking addressed." Discussion followed on the number of commercial businesses related to parking for this facility; to which Mr. Howell noted that parking ratios are outlined in Chapter 9 of the City Code. Deputy Mayor Bonner commented on a note on the Plans, "Possibly remove ten(10)additional spaces depending - it seems to me that if there is a concern about the viability of the retail space commercially, based on parking, that we might be well served to really pay a lot of attention to taking ten(10) spaces out of play." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department explained, "This was a proposal that again had been considered by the Applicant, and speaking with them, as we get into Final Engineering on this project, obviously it behooves them to not rent space to someone who doesn't have parking; so, for those reasons, they will take a close look at any medical offices, any restaurants, things of that nature because it's as important to them, maybe even more so, that the tenants have adequate parking; not only for the residential but also for the commercial. Again understanding that the Commercial Uses right now are `C-1'. What we're considering tonight is the addition of the residential in that `C-1' so we would apply it to this particular commercial parcel. Any of the parameters that we would normally apply to commercial development in this area, making sure that the adequate parking is adequate and again,this is something we're going to be going through in the Final Engineering stage of this project." Deputy Mayor Bonner suggested that the Applicant is advised that he be looking at a "Successful formula there that guaranteed success; so, the parking is key to that success, and parking ratio is key to that success. I will be paying close attention to that on a go forward basis." Deputy Mayor Bonner added, "We want the commercial space as well as the residential space to be successful,or at least I do." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 20 OF 34 Commissioner Krebs spoke of the business and residential and noted, "For instance, I don't think that we would want to see a smoke shop below because then the residents would never be able to open their windows during the good weather." Continuing, Commissioner Krebs mentioned, "What would be helpful is when we have these types of things come before us is to have—a list of`C-1' allowable uses so that we could see if we wanted to ask you to do any exceptions." Commissioner Krebs added, "I think if we had the `C-1' list right here, we would be able to look at that." Furthermore, Commissioner Krebs then said that Mr. Stevenson had told her, "Where there are restaurants, sometimes you have to have a lot more parking- and the business use during the day or night. If it is going to be an evening and it might not be allowable, simply because they have too much traffic. So, we need to take that into consideration when we Vote on this project." Mr. Stevenson noted, "You're right Commissioner; and again, I was speaking as recently as tonight with the Applicant and they understand that. Their concern obviously is whoever this space is leased to, that that - business has adequate parking as I think you all have voiced tonight. So,that is a major concern of theirs as well. So we'll be looking into that once we get to the Final Engineering; and they will probably be discussing some types of Uses— if you have 6,000 square feet, and 3,000 feet of it is a restaurant, I think we have some concerns there." Additionally, Commissioner Krebs stated, "Any kind of chemical based..." Mr. Stevenson mentioned, "...`C-1' is our-most neighborhood friendly commercial district." Commissioner Hovey suggested, "Maybe the Applicant can put in some sort of reserve spaces for the residential because I can see us having a problem like we have in a couple of our neighborhoods where people are complaining there is no parking, and they have come to us for relief from parking—and if they have businesses that are open at night, a resident could maybe come home 9:00 or 10 o'clock at night and there are no parking spaces. So,where are they going to park?" Commissioner Hovey added, "That could be an issue and I think that needs to be addressed too,before they move forward." Commissioner Resnick stated, "This is a family friendly environment. We talk of restaurants possibly and we have approved homes to go behind there. Some recent businesses opened up and we have had residents complain that they can hear noise from those." Commissioner Resnick suggested this be considered. Next, Commissioner Brown remarked, "I am kind of hesitant to move this forward unless we have a really good idea of the parking situation." Mr. Marc Gautier, Atlantic Housing Partners, LLP, 700 West Morse Boulevard, Suite 220, Winter Park, Florida: addressed the City Commission and stated, "We have spoken with Staff about parking on a number of occasions. I think it's important to note that we're also developing the Moss Park Apartments and the Moss Park Apartments as of today, has almost twice the number of spaces that City Code requires for apartment communities. We have told Staff that we are completely willing to do a Cross-Parking Agreement between the two (2) uses and provide adequate parking within the apartment community for the residential units, so that that allows the entire parking lot in the front to be open for the commercial uses. I also wanted to explain a little bit about the reduction of the parking spaces. We agreed that in order to have a viable commercial component, you have to unfortunately have a lot of parking; but that's just the way the business works. We're attempting to attract into one of the halves of the building, we're trying to attract a Day Care." Mr. Gautier added, "We feel that if we can get a Day Care in half of the property, we don't need the excess parking. What we would need is the ability to have some open space on the outside for the children to play, and that was the reason for the ten(10) spaces." Further comments followed on parking numbers and ratios. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING—MAY 29,2012 PAGE 21 OF 34 Commissioner Brown stated, "I think that would probably be the only way I would be comfortable with it is all the residential parking was behind,and the front was open for retail." Discussion followed on pedestrian access, and shared parking, and a previous condominium project. Mr. Gautier added, "I think it makes sense for the residential users to be able to park behind the gates. I don't think it makes any sense for anybody who is going to the commercial area to be parking behind a gate; and I don't think it makes any sense for any residential user to take up a valuable commercial space in the front..." Commissioner Krebs inquired of Mr. Gautier "...So where do you show that on here? Where do I see the parking for the residential component?" Mr. Gautier then said, "It's not shown on our Site Plan." Furthermore,Mr. Gautier stated, "What's in front of you today is the Conditional Use to allow the residential component. The Site Plan is not in front of you tonight. When we do bring the Site Plan in front of you,we are happy to include drafts of the Cross Parking Agreement." Commissioner Krebs stated, "This is where we have our problem and we have had in the past where we see part of something, not all of something, then you want us to make a decision. We don't want to make a decision because we don't see the whole picture and that is what we want to see." Mr. Gautier then said, "I am certainly happy to commit to when this Site Plan does come back to the City, to include that component." Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed a former project and parking with the City Commission. Commissioner Hovey added, "This Plan and the apartments are totally different than the Plan that was there and then plus the Atlantic Housing, so you can't compare them. It's like comparing apples and oranges. You can't do that. And if I am a resident renting an apartment or whatever those are above the commercial property, I am not going to want to come home after a long day of work, maybe stopped at the grocery store and pull in to find there is no parking; and now I have to go out and around. And it could be over a block that somebody is needing to park and walk to their apartment. I wouldn't Approve that because I wouldn't be happy doing that and I don't think any of our residents would. I need to see more than what we have up there. I like the idea. I like it for my side of Winter Springs because it will help the development on the west side of Winter Springs but the parking situation, I can't agree to it." Commissioner Resnick commented, "I would like to see something more concrete. Are the people that are going to be residents above the commercial, people who are also going to be residents of Moss Park? What are their restrictions? What are their rules because we're approving this with just an apartment setting? What are the restrictions?" Tape 2/Side A Commissioner Krebs spoke of a scenario of climbing stairs with groceries and noted, "You are going to have to climb possibly two(2)flights of stairs,because there is no elevator,just so you know- so I do have concerns with that. But here we are with a big parking in the front and we actually were talking about parking, but then we are told, well, we are not really talking about parking, because it is `Concept' and yes I understand all of that - we already said that we like having commercial and residential on the top. We talked about in the Town Center, we talked about it up and down here. So,that concept is great. We want to see more. And that is not what I want to Vote on either." Deputy Mayor Bonner asked "Should there be a Conceptual Plan discussion prior to a Conditional Use discussion? Maybe that is not the way it flows today or it is designed to flow today, but that might have been the opportunity for these questions to have been brought forward." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 22 OF 34 Manager Smith said, "Commissioner, you bring up a good point. My first response is there's always room to improve the process." Further comments. Attorney Garganese explained, "This is more of a binding Application for a Conditional Use as the Manager indicated. You have the ability to impose reasonable conditions upon this particular application if you want to approve it at this point; but it's the Applicant's burden for a Conditional Use to present sufficient information for you to make a decision on the issue that is being presented. The issue that is being presented is whether or not there should be a Multi-Family Mixed-Use component to this `C-1' property because Multi-Family is not currently allowed in the `C-1' Zoning District. So, you need to have sufficient information presented to you, so you're comfortable with making a decision to authorize the Multi- Family Use." Attorney Garganese added, "They are saying we want the authority to have a Multi-Family Use component to this project; so, as a condition, it appears to me the condition is that there's a Multi-Family Use component and a Commercial Use component. And when you look at the two (2), they impact the parking issue. And one of the conditions in the code, you approve a Conditional Use, is to look at site constraints, site configuration, the Uses that are being proposed for this particular property. So, if you all aren't comfortable in you have enough information to approve the two (2) components, Multi-Family and commercial, you ought to postpone the application,until you get the information presented to you." Further comments. Deputy Mayor Bonner stated, "I would say, were this a Concept discussion, which it is not— I like the concept. But since we're not talking about concept, we're talking about Conditional Use, I am also going to say, I don't have enough information on the Conditional Uses for commercial and for residential to make a comfortable decision." Deputy Mayor Bonner added, "I would like to ask the Applicant or the Staff to address some of the comments that we have presented tonight and not place us in a position of having to render a decision that may not be favorable if we did have the benefit of that additional information." "MAKE A MOTION TO POSTPONE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION FOLLOWED ON THE ADVERTISING. MAYOR LACEY ASKED MR. STEVENSON, "WOULD YOU BE READY IN THIRTEEN (13) DAYS TIME?" MR. STEVENSON SAID,"I AM HEARING FROM THE APPLICANT THAT WE CAN." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. MAYOR LACEY REFERENCED THE CURRENT MOTION TO POSTPONE AND ASKED, "IS THERE AN OBJECTION FROM THE COMMISSION TO MODIFY THE MOTION TO MAKE THAT POSTPONEMENT TO A DATE CERTAIN OF JUNE 11TH, (2012)? HEARING NONE, THE MOTION IS MODIFIED. SO THE MOTION BEFORE US IS TO POSTPONE ITEM `503' TO THE DATE CERTAIN OF JUNE 11TH,2012." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 23 OF 34 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Public Works and Community Development Departments REQUEST: The Public Works and Community Development Departments are requesting that the City Commission: (1) Affirm Staffs conclusion that the Tuscawilla Units 12/12A wall is in various states of disrepair and should be demolished and removed,replaced,or placed on a rehabilitation program for the ongoing repair, maintenance, and periodic upgrade of the wall; and (2) Review several options related to addressing the potential safety hazard concerns of the Tuscawilla Units 12/12A wall and provide final direction regarding the City's handling of those concerns. FISCAL IMPACT: This agenda item is requesting the City Commission to review all available information and provide final direction related to addressing the potential safety hazard concerns of the Tuscawilla Units 12/12A wall. The financial impact on the City will depend on the final direction given by the City Commission. Estimated financial impacts for the various options are stated above. 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 meeting notice has been mailed to all 90 Tuscawilla Units 12/12A property owners which included a link for downloading or viewing the complete agenda item in advance of the meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 24 OF 34 RECOMMENDATION: Staff recommends that the City Commission: Affirm Staffs conclusion that the Tuscawilla Units 12/12A wall is in disrepair and should be demolished and removed, replaced, or placed on a rehabilitation program for the ongoing repair, maintenance,and periodic upgrade of the wall. Review the options for the Tuscawilla Units 12/12A wall as outlined herein in order to provide final direction related to addressing the potential safety hazard concerns of the Tuscawilla Units 12/12A wall. Discussion began with comments on fencing requirements for pools with Captain Chris Deisler, Police Department. Deputy Mayor Bonner then spoke on the "Ownership of the asset, the wall"to which Attorney Garganese noted, "Everything that's been presented to the Commission to date, does not reveal that the City technically owns the wall. That the City built the wall. That the City took ownership of the wall, etc. etc. However, the wall sits on property that is controlled by the City, the right-of-way. So, to that extent, the problem is yours in which to resolve." Discussion followed on whether the Tuscawilla Lighting and Beautification District could assist with this effort; special benefits; and the Assessment District process. Deputy Mayor Bonner then stated, "I haven't heard any advocacy for any position other than `Option 2', or version thereof. I have heard advocacy— I would say the advocacy in the majority of what I have heard is for `Option 2', for those that have spoken before the body or taken the time to write to us. There are various versions of`Option 2' on the table as proposed and certainly `Option 2' seems to have met with some favor." Continuing, Deputy Mayor Bonner then spoke of knowing that the Glen Eagle subdivision and the Tuscawilla Homeowners Association were in favor of keeping the wall. Further,Deputy Mayor Bonner and Staff addressed issues such as the structural integrity of the wall; failure;wind load; and how to solve the 150 feet damaged wall issue. Deputy Mayor Bonner then mentioned the type of wall going up at the Greens at Tuscawilla as another possible consideration, along with materials and costs were discussed. In terms of this type of wall, Deputy Mayor Bonner added that he has seen this type of wall in many communities,with foliage and built at a lower cost while also providing security. Discussion followed with Mr. Fields. Deputy Mayor Bonner then said, "We need to take care of this matter, we need to do it right. We have an immediate issue of concern of the 150 feet that is at risk of collapse. Some of it is adjacent to school bus stops where children are present. We need to take care of that. I don't think yellow tape is doing that right away." Continuing, Deputy Mayor Bonner then remarked about property values, options and added, "I have consistently heard we want to have a beautiful place and I have heard a very strong set of voices also say we need to be fiscally conservative in our approach to this which at least in my time of service here, and to the credit of the City Manager and the Staff,we have a track record of doing so." Commissioner Krebs thanked the City Attorney and the City Manager for their time discussing this issue with her, and commented on how to best resolve this matter. Continuing, discussion followed on costs associated with the possible options. Commissioner Krebs clarified, "Somehow we have to get that wall in my opinion,where it belongs,number one(1). Number two(2), it needs to be a safe wall and the way it is now, it may be safe for a while but when does it fail and then what happens? Who pays for it then? It is going to come back and I have asked some numbers to be put together as to what it might look like if we actually did a Tuscawilla Greens wall." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING—MAY 29,2012 PAGE 25 OF 34 Commissioner Krebs then remarked, "If we did it, I want to know what the cost would be if we did a `[Option] 2A' or an [Option] 2B' which is what some of the suggestions are, regarding Assessments. Where that Assessment would end up; at what point — there would be a crossing point as far as the cost to maintain the current wall as it is now. It can't get better. It can only get worse. But when is that going to happen. And yes, and it could stay the same; -and that is probably a good guess. And, so I don't know what your thoughts are, but Kevin (Smith), did you come up with - I think I would like to see that as an option as well. If we did this—if we did a real analysis; if we look at it this way—it may not be the correct analysis, but it is an analysis. I would like to see something like that. I don't know if you have that information or if you want to look at it tonight?" Further, Commissioner Krebs stated, "I think we have to have an option if it is saying, if`Take down the wall and do nothing' is an option; but then one of the things that we talked about too, was when this happens, when we present this community with their options,that we hold an additional meeting with the community, maybe even in Tuscawilla— because it will go more than likely to a Straw Ballot, we have done that before. That they should know what they are Voting on and have every reason to understand what exactly each one means." Discussion followed on the current wall that needs to be replaced and that another section could also be in need of repairs at another time, and that we are not yet in Hurricane season, yet there have been two (2) storms already; that Tuscawilla Lighting and Beautification District dollars could not be used to repair this wall; and whether this same issue had happened anywhere else in the City, which has not been the case. Tape 2/Side B Commissioner Resnick commented on proposed costs, and representing all of Winter Springs residents, and that other residents wondered if the City would also fix other walls around the community as well. Commissioner Resnick then said, "For me, the best option as shared with everybody up here is [Option] 2B' or as you presented, come back with a `2C' option, inevitably a different type of a wall, in which case, we can do things properly and move it into the Easement and start a full development in the Easement — that might be another option." Commissioner Brown also said he had received similar responses from other Winter Springs residents and concern with funding one wall with Winter Springs tax dollars. Continuing, Commissioner Brown stated, "The Attorney has pointed out to us, we don't technically own that wall. I completely agree with you - we either have to go with [Option] 2B' so that the City does not absorb the cost or there has to be a `2C'; and I think Commissioner Bonner was probably on the right track, along with Commissioner Krebs where the wall has to come down and then the community gets to decide what needs to go in its place." Much discussion ensued on the proposed costs for Legal and Financial Consultants and whether Attorney Garganese's firm might be able to do the same job as to what was proposed. Mr. Steve Richart, Urban Beautification Division Services, Community Development Department addressed the suggested costs,and potential replacement and maintenance costs. Discussion followed on some of the proposed costs related to the proposed Assessment costs along with needed repairs to the wall, and a five (5)year refurbishment plan and regarding the five (5)year refurbishment plan, Mr. Richart explained, "That five (5) year plan would be to come in and do that in phases, worst areas first, to bring the wall up to something that-would be acceptable." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 26 OF 34 Deputy Mayor Bonner then said to Mr. Richart, "We are not replacing the wall, we're maintaining the wall that is still sound—is that what I am hearing? You have got a five(5)year maintenance plan of maintaining the existing wall." Mr. Richart noted, "Bringing it up to cosmetic - appearance. Getting the appearance up to where it looks sound as well as repairing grout joints. There are bricks missing." Mr. Fields explained that "Option 2" is "Essentially making a down payment on a wall rehabilitation program. That thirty-two thousand [dollars] ($32,000.00) down payment completely replaces 150 feet of the wall with 150 feet that meets Code. The remainder of the wall is cosmetically repaired,the appearance of it. You could save up and replace certain sections of it but the remainder of the wall, the 2,850 feet still would not meet Code as far as meeting wind load. The only way it can do that really is if it's replaced and that's because the wall footing is inadequate. It didn't have adequate reinforcement, horizontally or vertically. It can't really be repaired at least at the level to meet Code,without substantial reconstruction which is essentially replacement." Discussion followed on insurance; potential issues; a proposed five (5) year maintenance plan; an Assessment District; associated risks; and Benefit Units. With further comments on an Assessment District, Commissioner Resnick said to Mr. Richart, "Continuing my logic of five (5) years, is your thought process to then come back to this body, whoever is sitting up here in five (5)years and say we need to continue this project, this maintenance plan—or are you thinking after five (5)years the City has met its responsibility,the wall is now sound and we can move on." Mr. Richart responded, "I think it would be an ongoing program. Obviously, we would continuously update the Commission on our progress; but, it would have to be ongoing - because one of the issues with this wall is that there's nobody to take care of it; so, the Assessment area would then be the - entity that would continue the maintenance from now on. So,I see it being an on-going thing. There's two(2)components in it though—there's a capital component and a maintenance component. The capital component would drop off at some point when the loan is satisfied. So, that's either five (5), ten (10) years, depending on the scenario that we take. If it's five (5) years, then the capital cost drops off in five (5) years. We're done. Unless something else happens or comes up that—needs to be done. The maintenance component would continue on, from now on." Mayor Lacey inquired of Mr. Richart, "If the Assessment District were set up, according to `Option 2', who would own the wall when that was done?" Attorney Garganese noted,"It would be an affirmative act on the City to take on the obligation of the wall." Discussion followed on an Assessment; maintenance; what would happen if costs change; reserves; a possible other option; and costs associated with the Oak Forest Wall and Beautification Assessment District. Commissioner Brown suggested, "We could actually do a Bond—of some kind to cover the costs of tearing down the existing wall and putting up a new one and rolling that into the Assessment District with all costs over a twenty year (20) amortization to pay it off..." Mr. Richart stated, "...Yes, you could do that..." Commissioner Brown continued, "...Similar to what we did in Oak Forest." Mr. Richart added, "And if it were a small enough amount— I mean we financed, I think it was the Oak Forest capital recently..." Commissioner Krebs said, "...Yes, actually the City then came back and said—the City can benefit and Oak Forest can benefit if we do it this way." Commissioner Brown remarked, "If the rest of the Commission agrees, I would like to see some numbers brought back on that." Commissioner Krebs agreed. No objections were voiced. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING—MAY 29,2012 PAGE 27 OF 34 Manager Smith asked the City Commission, "Before we complete that conversation, I would ask for some thoughts on what type of capital costs are we looking at— what kind of wall? A four hundred and seventy-five thousand dollar wall($475,000.00)or a one hundred and thirty-five thousand dollar($135,000.00)wall?" Commissioner Krebs said, "Both." Manager Smith stated, "Can we do both? Certainly. Of course." Commissioner Brown added, "I am certainly thinking for cost factors, we do the Tuscawilla Greens wall." Commissioner Krebs then remarked, "Agreed." Mr. Richart mentioned he had those numbers, to which Mayor Lacey asked if that included the amortizing the cost of the wall? Mr. Richart explained that he had Assessment information, but did not have an amortization schedule, and suggested that over "Twenty (20) years, your capital assessment is sixty-seven dollars ($67.00) a year." Clarifying what type of wall style, Mr. Richart said, "Actually, you'd want to do the Howell Creek Reserve, because it is brick. The Tuscawilla Greens has that stucco." Mayor Lacey asked, "Even across ninety (90) units?" Manager Smith added, "Recurring costs to include the Assessment Attorneys and the financial folks." Mr. Richart pointed out, "Right. So,you'd have about fifty-seven hundred dollars ($5,700.00) in on-going costs. You'd still have your Assessment costs. I put seven hundred and fifty dollars ($750.00) a year in maintenance and that may be high. It was just a starting number. I mean that is powder coated aluminum and then you have your brick. You'd probably want to clean it and — if there's any maintenance to do, so you'd want to put a number to start from for that." Further comments. Discussion followed next on Advisory Committees to which Deputy Mayor Bonner inquired, "Could we create the Special Assessment District and the Advisory Board and wait until we had their advisement, input as far as determining maintenance, replace, brick..." Manager Smith responded, "...You can create any body..." Deputy Mayor Bonner then inquired if we could get an Advisory Board"Constituted and allow those peer representatives of the ninety (90) affected citizens to actually weigh in on this by representing and providing the advice of their immediate constituents as far as what direction they want to go or do we have to set it up and get it rolling with some numbers?" Manager Smith stated, "This Board could set up any Advisory Board for pretty much any purpose they see fit. So, if you all wanted to set a Unit 12 for lack of a better title, Advisory Board and seek their input on this or any matter,you certainly could do that. Staff would be available to provide support,numbers, so on and so forth." Discussion continued. Attorney Garganese stated, "In order to establish an Assessment — yes, there will be various Public Hearings, legal documents. Resolutions would have to be prepared and Voted on by the Commission. However, if you all, before you even set up an Assessment District wanted to constitute a local Unit 12 Board to give you a recommendation, as an Advisory Board, you could do that without having to go through the whole Assessment Resolution and process." Attorney Garganese added, that such Advisory Committees could "Start off Ad Hoc— hypothetically, they make a recommendation to go ahead and create an Assessment District. The Commission creates the Assessment District and permanently puts in place that board as a Special Assessment Advisory Board." Discussion followed on safety concerns, insurance matters, "The Greens at Tuscawilla" type of wall and related costs; and what potential assessments could be. Tape 3/Side A CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 28 OF 34 Further comments followed on potential landscaping costs to augment the suggested new version of proposed fencing and providing a buffer. Commissioner Resnick then asked Mr. Richart who would be responsible for the landscaping? Mr. Richart said the homeowner would be. Potential Code Enforcement concerns related to fences, and polls was addressed next followed by having a possible Straw Ballot. Deputy Mayor Bonner stated, "What I have heard in the majority for the affected property owners thus far, whether it's email correspondence or public comment is to go down the path of creating a Special Assessment District. Obviously there is a desire for that to be the lowest possible cost. I like the idea of the affected citizens having as much input into the process as possible. Whether we conduct a Straw Ballot and ask ninety(90)—homeowners to give us their opinion about I don't know how many versions of discussion we have had up here, or we go ahead and create a temporary, which may become permanent,Advisory Board for Unit 12 and 12A to advise us. At the end of the day I think, I personally would like the residents to have some say in their destiny." Deputy Mayor Bonner added, "I think the direction is to go down the path of creating a Special Assessment District. What I am trying to get my hands around is the funding of its creation and what the ultimate cost would be." With further comments, Deputy Mayor Bonner asked about whether the City contributed any monies to the Oak Forest Wall and Beautification District. Commissioner Brown remarked, "Not withstanding any of the emergency actions, I think the City Attorney and the Manager deemed that we need to make to protect our own liability,with parts of the fence that may need some immediate action by us. I think the order that I have in mind is create your Citizen Advisory Board; get them on board and start soliciting input; create the Assessment District with some up front funding from the City that will get paid back; decide on the type of wall that they ultimately want to see and would be willing to pay for; go out for the Bond that will fund the demolition and the reconstruction and then do so - do the tear down, the re-build and then manage it like any other Assessment District." Commissioner Krebs noted, "Because I heard you say the tear down and rebuild-that, in fact before having or at least when you have this,we have this Board-that we need to let that Board know exactly what the City's will is. In other words, what we are willing to do because they could come back with totally something that they suggest —and we did not want that..."Commissioner Brown added, "...It is an Advisory Board..." Commissioner Krebs then suggested,"...I know and I understand that but they need to know, like is the City going to throw money into it — do you know what I am saying — that part they need to know; so, that they can come up with their recommendations." Discussion followed on this type of Advisory Board/Committee or Ad Hoc Committee and how long it might need to last. Commissioner Brown added, "In response to a comment by Commissioner Krebs, I think as I sit here today, that all costs should be rolled into the Bond or the funding source. I think that maintains our integrity with the rest of the City and with the large number of citizens who have asked us not to proceed with City funding to make the project happen. I think this is a good compromise. It lowers the out of pocket for the residents involved; it gives them what they want. It preserves the integrity of the beautification of Winter Springs Boulevard and Tuscawilla as a whole and I think it keeps us whole in regard to representing the 35,000 that we represent." Commissioner Krebs said, "And you realize I agree with you." Commissioner Brown stated,"Absolutely." Discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 29 OF 34 Mayor Lacey remarked, "Commissioner Brown, would it be correct to summarize your position as saying you want to create an Ad Hoc Advisory Board, and give them the direction that the Commission is amenable to the `Option 2B' is the approach they should be pursuing but we would be welcome to whatever recommendation that they come back to us, but that is the advice we are giving us so they don't go down the wrong track?" Commissioner Brown added, "...I think `Option 2B' to the extent that the City does no long-term or not paid back out-of-pocket but I don't know that [Option] 2B' fell back on pulling a Bond and funding the source. I think this is the `2C' we have been kind of considering." Mayor Lacey added, "So the key point is that there is no contribution from the City to the Assessment District..." Commissioner Brown said, "...Correct. And by doing a longer term amortization that — actually reduces the economic burden that we have been talking about along on the affected citizens." "I WILL MAKE A MOTION THAT WE PROCEED AS FOLLOWS: WE PROCEED WITH THE CREATION OF A CITIZEN'S ADVISORY BOARD OUT OF UNIT 12 AND 12A; FOLLOWING ON WITH THAT WE INVESTIGATE THE CREATION OF AN ASSESSMENT DISTRICT FUNDED UP FRONT BY THE CITY TO BE PAID BACK THROUGH WHATEVER FUNDING SOURCE IS DECIDED UPON. WE LOOK FOR THAT ADVISORY BOARD TO MAKE A DETERMINATION ON THE TYPE OR TYPES OF WALL THEY WOULD LIKE TO PURSUE. WE DECIDE ON THE APPROPRIATE BONDING/FUNDING SOURCE AND THEN PROCEED WITH A PLAN TO TEAR DOWN THE EXISTING WALL AND REBUILD." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. CITY CLERK ANDREA LORENZO-LUACES SAID, "JUST A CLARIFICATION - THIS IS AN ADVISORY BOARD; SO, IF SOMEBODY IS SITTING ON AN ADVISORY BOARD NOW - THEY WOULD NOT BE ABLE TO SERVE ON THIS?" ATTORNEY GARGANESE NOTED, "IT IS AN AD HOC COMMITTEE." COMMISSIONER KREBS,OTHER COMMISSIONERS,AND MAYOR LACEY NOTED THEIR AGREEMENT. COMMISSIONER HOVEY INQUIRED, "AND ALONG WITH THAT COMMITTEE,ARE WE GOING TO ASK FOR PEOPLE TO FILL OUT THE FORM AND SEND IT IN AND DO ALL THAT OR IS IT JUST GOING TO BE PEOPLE WE KNOW OR HOW ARE WE GOING TO DO THAT?" MAYOR LACEY STATED, "STANDARD OPERATING PROCEDURE — I THINK OUR COMMISSIONERS ARE FREE TO DO IT ANY WAY THEY WISH." VOTE: DEPUTY MAYOR BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR 601. Public Works Department REQUEST: The Public Works Department requesting the City Commission adopt Resolution 2012-15 establishing speed limits on City streets and adopting a related speed limit map pursuant to ordinance 2012-04. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 30 OF 34 FISCAL IMPACT: Resolution 2012-15 has no fiscal impact,with the exception of changing the speed limit signs on Shore Road and South Edgemon Avenue which will be completed using in-house resources. COMMUNICATIONS 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 adopt Resolution 2012-15 establishing speed limits on City streets. "MOTION TO APPROVE (RESOLUTION 2012-15)." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC INPUT Mr. Mark Walters, 1605 Little Sparrow Court, Winter Springs, Florida: complimented the City Commission on their deliberations and noted that there seemed to be an urgency by the City Commission to fix the 150 feet, and asked if a temporary Insurance Rider could be obtained so the whole wall could be handled in a long-term manner. Deputy Mayor Bonner stated, "Mr. Manager, can we ask you to research that or Mr. Attorney and see if we have got some sort of a way to protect the City from its liability in the interim, while we allow this entity to constitute itself. I don't know what steps that might be but perhaps there is something we can do?" Manager Smith agreed. Mr. Tim Jones, 1600 White Cloud Court, Winter Springs, Florida.: remarked about the decision related to Regular Agenda Item"600"and said he was not sure where the wall would be re-built and asked who would own the wall if re-built? CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 31 OF 34 Attorney Garganese noted, "Hypothetically, assume the wall or fence or whatever is rebuilt, I would think that it would be located in the fenced Easement that has been dedicated to the public, pursuant to the Plat; and if an Assessment District is created, I'm assuming it would just be maintained by the City and the cost assessed to the property owners,just like all of the other Assessment Districts that the City currently has in place." Mr.Jones then followed up with"And does that follow with your earlier statement that once the City has taken on that role in the Assessment District, that the City actually owns the wall?" Attorney Garganese stated, "The City would be obligated to take on the obligation to maintain that structure." Further comments followed on the wall and liability. Mr. Jones added for the Record that he lives along the wall and he has paid for repairs to sections of the wall near his home,and further asked about acknowledging liability. Deputy Mayor Bonner remarked, "The comments are historically accurate, that historically, and the records that we have available to us, proves the historical accuracy of those comments, that for whatever reason the wall was built, where it was built. We don't have any record of it being inspected. All we know is a Permit was pulled. I have the comment of one resident, the Brooks', who actually lived here before the wall was built and lived here after the wall was built. They received some comments from the builder representative that were shared tonight, the sales representative,that it was knowingly constructed in the City right-of-way." Continuing, Deputy Mayor Bonner remarked, "But the point is, the situation needs to be corrected. The current City Commission, or at least on behalf of my own Vote tonight,the response, the recognition of the responsibility is manifested in taking action to correct the deficiency now that it has been discovered and brought to light; so, I feel that for myself, in conducting and participating and voting - in deliberating and voting to bring forward this solution is to represent the City's obligation to correct this historical error that has come to light. So, I don't know if that satisfies your comments. I can't go back and change history, but- I can certainly participate in correcting the mistake and providing a solution going forward, that in my opinion is the most fair on behalf of the entire electorate of the City of Winter Springs. But thank you for your comments." Commissioner Brown remarked, "Mr. Jones, you are absolutely correct. The City did, or at least as far as our records show,we allowed the wall to be built. We didn't allow it to be built in the right place,we didn't inspect it properly. Our way of rectifying that at this point is to take it down. That's how we rectify our liability. People have told us we own the wall,we should fix it. Only way we can fix it,and fix our liability is to tear it down. But,we have also heard from you,you being in the plural,that the wall is desirable, it adds to the community, it is something you want in place, and actually you want it enhanced. What we decided tonight accomplishes those things in my opinion, which is why I made the Motion." Commissioner Brown added, "But, that's not what everybody wanted to hear. We go the next step and make it what the community is asking us to do, I think by doing what I moved, and what was Voted on." Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, Florida: commented on not being pleased with the decision regarding Regular Agenda Item "600"; remarked about what was just said by two (2) Commissioners regarding the City's liability but did not think this should be put back on the citizens; that if the brick wall was going to be taken down, he would probably put up a chain link fence; and commented further on landscaping and back yards;thought the Bond was a good idea; and that the City should pay a part of the liability. Continuing, Mr. Greenberg asked how one would serve on the proposed Ad Hoc Committee. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-MAY 29,2012 PAGE 32 OF 34 Mayor Lacey answered, "Staff will be bringing back to us a Resolution that establishes the Ad Hoc Board within the next meeting or two(2)." Deputy Mayor Bonner said, "It will be my pleasure to Appoint someone to the Board. The process is that each Commissioner will make an appointment to the Board." Deputy Mayor Bonner offered his business card to Mr. Greenberg and added, "I'll need to make an Appointment and Mr. Greenburg and any of the other residents in the affected area, if you have an interest in participating as a representative on behalf of your community, I encourage you to come forward." Additionally, Deputy Mayor Bonner noted, "Feel free to correspond with me, but we're going to want Volunteers, obviously." Mr. Greenburg then said that the wall does not need to come down; to which Deputy Mayor Bonner pointed out, "One of the proposals we heard tonight from Staff was a maintenance program for the 2,850 feet,without it being removed." Further, Deputy Mayor Bonner noted, "The discussions that will take place within this board to bring forward a recommendation on behalf of the community are likely to be even broader than the discussions you heard tonight, because there will be a lot of ideas. There will be Staff support provided to you is the way the process works. There will be legal support provided to you is the way the process works; and the deliberations will be afforded the opportunity to take as long as necessary to bring forward,basically the recommendation for your community." Manager Smith mentioned, "Would the Commission like to give us any further direction on what they'd like the Board makeup to look like or are you all comfortable with us bringing back you all a recommendation? For example, the numbers of members, things like that?" Commissioner Brown stated, "Sure." Manager Smith then asked, "Do I have a Consensus Mayor?" Hearing no objections, Mayor Lacey remarked, "Yes." Deputy Mayor Bonner added, "Yes." Commissioner Resnick commented further on the Motion that had been Voted on and with additional comments related to tearing down, and rebuilding, Commissioner Hovey stated, "Tear it down and rebuild it." Commissioner Resnick reiterated, "Tear down and rebuild. Are we giving different direction at this point?" Commissioner Brown stated, "No." Various Commissioners mentioned the proposed Ad Hoc Committee and Mayor Lacey summarized, "The Advisory Board is the key part of it." Mr. Joseph Lenart, 1695 Wingspan Way, Winter Springs, Florida: as the President of the Glen Eagle Housing Association, Mr. Lenart hoped that "We can maintain the continuity along Winter Springs Boulevard because it's not just one wall"and hoped the wall will be maintained. Mr. David Boldt, 1632 Wood Duck Drive, Winter Springs, Florida:: said that in regards to Regular Agenda Item "600"that as an Architect,he feels the wall does not need to be replaced,that part of it just needs some repair and commented on the high maintenance costs for a steel fence and he did not want to pay for that. Mr. Boldt further remarked about wind load; the hurricanes that have come through this area; and that he also would like to serve on this proposed Ad Hoc Committee. Members of the City Commission and Mayor Lacey suggested ways he could contact them. Ms. Joyce Sundman, 991 Sleeping Rock Court, Winter Springs, Florida: mentioned they had a car damage their part of the wall; did not understand the numbers provided during the discussion of this Agenda Item; and that the wall does not need to be taken down. Ms. Sundman said she was in agreement with `[Option] 2A' but thought the City needed to have some liability; that she has kept her part of the wall maintained, and did not think an iron walls would protect any pools that were along the fence line. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING—MAY 29,2012 PAGE 33 OF 34 Mr. Jack Rutherford, 1634 Winter Springs Boulevard, Winter Springs, Florida: commented on Regular Agenda Item"600" and noted he was disappointed with the change in direction and that something new had been brought up. Mr. Rutherford thought the City should have some liability with this; and spoke of insurance related instances and thought it unfair for the City to not pay part of the related cost. Ms. Virginia Cassady, 1629 Wood Duck Drive, Winter Springs, Florida:: in terms of Regular Agenda Item "600", Ms. Cassady did not think there was a lot of money to possibly be paid by the City and was not sure if the City would contribute to tearing the wall down? Mayor Lacey stated that"We did not address that question." Ms. Cassidy then remarked if the administrative costs for a Special Assessment was still on the table for a tear down and re-build. Manager Smith remarked, "They would." Lastly, Ms. Cassidy commented on the abilities of Attorney Garganese and his firm and that she thought that Attorney Garganese's firm could handle a Special Assessment for much less than what has been proposed. Mayor Lacey mentioned, "We don't take the first estimate, we press them; and Staff is very diligent about getting the lowest bottom dollar." Mr. Mark Galvin 1604 Northwind Court, Winter Springs, Florida: also in terms of Regular Agenda Item"600", Mr. Galvin inquired about the Motion and what the Ad Hoc Committee would be entrusted to do. Deputy Mayor Bonner further explained, "I believe that once this Advisory Board is constituted; has the opportunity for Staff and legal review and to the deliberations that the community will conduct in that Advisory Board;the answer to that question will come forward to us from the Advisory Board. So, if the deliberations take place and bring forward a recommendation to this body from the Advisory Board that says we can keep the 2,850 feet and therefore we don't have to enact the worst case scenario,then I think, at least for me, I think that would be a wonderful outcome. But, I don't know yet, not until there is an opportunity for those deliberations to take place, for Staff and for Legal Counsel to provide their input into that process, because we have had discussions about liability and Code and wind load, and all sorts of things that really have to be probed deeper than we could get to here at this meeting tonight." Tape 3/Side B Further discussion followed on the Motion, to which Commissioner Brown reiterated his Motion and said, "Let me clarify- my Motion was to one (1), form the advisory group;two (2), front load with City funding the Special Assessment District; three(3)that advisory council advises us on what type of wall they want, depending on what the cost of that wall was going to be; figure out what funding vehicle was necessary to do that; and then tear down and rebuild that wall. Now we have heard from our Engineers; we have heard from our Attorney. We can't tear down any portion of that wall and fix it unless we bring it up to Code. Right? We have also heard that we can repair that 150 feet. The fact that it has lasted twenty-seven(27)years, another 150 feet could fall next week if we get another tropical storm. There is no way of telling." Commissioner Brown added, "Now with that said, it is not locked in stone until we sign the order to do it..." Mayor Lacey stated, "...I think that is the most important point is that the only concrete action that is really going to happen is that we are going to create the Advisory Board. All the rest is guidance as to where we think that they should head and we hope that that is hopeful to them. But in the end, this Commission will look at it again and then,the final decisions on what happens." f CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING—MAY 29,2012 PAGE 34 OF 34 Mr. Galvin commented further on a couple of constraints he thought were mentioned. Commissioner Brown added,"We can always look at recommendations a second time." Mr. Lee Lindsay, 1601 White Cloud Court, Winter Springs, Florida: again spoke on the decision related to Regular Agenda Item "600" and mentioned his part of the fence and landscaping that he installed and commented on liability. ADJOURNMENT Mayor Lacey adjourned the Special Meeting at 9:12 p.m. RESPECTFULLY SUBMITTED: ti A LORENZO-LUACES, MMC IT CLERK APPROVED: NOTE: These Minutes were Approved at the June 11,2012 City Commission Regular Meeting.