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HomeMy WebLinkAbout2013 01 14 Consent 207 Requesting Approval of the December 10, 2012 Regular Meeting Minutes COMMISSION AGENDA Informational Consent X ITEM 207 public Hearings g Regular January 14, 2013 ALLL Regular Meeting City Manager Department REQUEST: Requesting the City Commission Review and Approve the Monday, December 10, 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 Monday, December 10, 2012 City Commission Regular 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 Consent 207 PAGE 1 OF 2-January 14,2013 for the Approval by the City Commission. FISCAL IMPACT: There is no fiscal impact to the approval of this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the Monday, December 10, 2012 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, December 10, 2012 City Commission Regular Meeting Minutes - 38 pages Consent 207 PAGE 2 OF 2-January 14,2013 Attachment"A" CITY OF WINTER SPRINGS, FLORIDA ENTER C a � i ✓Ft * � Incorporated • 1959 ' �,LCOt7 WE�¢J�� CITY COMMISSION MINUTES REGULAR MEETING MONDAY, DECEMBER 10, 2012 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Cade Resnick - Seat Four Commissioner Jean Hovey - Seat One Commissioner Rick Brown- Seat Two Commissioner Pam Carroll - Seat Three Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 2 OF 38 CALL TO ORDER The Regular Meeting of Monday, December 10, 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 Joanne M.Krebs,present Commissioner Jean Hovey,present Commissioner Rick Brown,present Commissioner Pam Carroll, present Commissioner Cade Resnick,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. ❖❖ AGENDA NOTE: INFORMATIONAL AGENDA ITEM "102" WAS DISCUSSED DURING THE INFORMATIONAL AGENDA, AS SHOWN ON PAGES 3-4 AND THEN LATER ON PAGES 5-6 OF THESE MINUTES. ❖❖ INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: None COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 3 OF 38 INFORMATIONAL 101. Office of the City Clerk REQUEST: The City Clerk is requesting that the City Commission review the information in this Agenda Item related to a change in the official Regular Meeting day of the month for the Code Enforcement Board. FISCAL IMPACT: No funding is requested as part of this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The Code Enforcement Board has of course been informed of this request and kindly agreed to it. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 102. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to provide the City Commission with our 2013 Winter Springs Community Events Calendar. FISCAL IMPACT: Funds are budgeted in account 7260-51214 for public safety. Other costs are funded via program promotional accounts as sponsorships/donations/vendor fees are collected. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 4 OF 38 RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. INFORMATIONAL 103. Finance and Administrative Services Department REQUEST: The City Manager and the Finance and Administrative Services Department providing the Investment Report for the fourth quarter of fiscal year 2012 (quarter ending September 30, 2012) as prepared by PFM Asset Management LLC. FISCAL IMPACT: The weighted average yield at September 30, 2012 is .33%. The weighted average yield at June 30, 2012 was .41%. This portfolio has an average duration of.95(just short of one year). 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. Additionally, the investment report will be placed on the City's website within one week of acceptance in the section titled Budgets and Financial Documents. RECOMMENDATION: Staff requests that the City Commission review and accept the information provided in this agenda item. No discussion. INFORMATIONAL 104. Finance and Administrative Services Department REQUEST: The Finance and Administrative Services Department are transmitting the City's fourth quarter financial report for the 2012 fiscal year. FISCAL IMPACT: As presented in the dashboard report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 5 OF 38 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 tnzzl information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MAYOR LACEY STATED, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY." DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. ❖❖ AGENDA NOTE: INFORMATIONAL AGENDA ITEM 11102" WAS REFERENCED AGAIN, AS PREVIOUSLY NOTED ON PAGES 3-4 OF THESE MINUTES. ❖❖ INFORMATIONAL AGENDA INFORMATIONAL 102. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to provide the City Commission with our 2013 Winter Springs Community Events Calendar. FISCAL IMPACT: Funds are budgeted in account 7260-51214 for public safety. Other costs are funded via program promotional accounts as sponsorships/donations/vendor fees are collected. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 6 OF 38 RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. Mayor Lacey noted, "There was a last minute change on the Babe Ruth date—that I don't think was corrected on the on-line but it is correct in what you have in front of you. That will be on February 23`d, (2013). You may have seen it as February 16'', (2013)previously." CONSENT AGENDA CONSENT 200. Finance and Administrative Services Department REQUEST: The City Manager,Finance and Administrative Services Department and Board of Trustees requests that the City Commission: consider a change in the management approach for the Domestic Equity Portfolio of the City's Pension Plan; approve a contract with Capital Institutional Services, Inc. to facilitate the transition to the new investment style; modify the pension investment policy to allow for the change in the investment approach; and authorize the City Manager and City Attorney to coordinate and execute any and all documents needed to facilitate these transactions. FISCAL IMPACT: The change to a blend of passive and active managers for the Domestic Equities' portion of the Employee Pension Fund will significantly reduce the cost of administering this portion of the portfolio, potentially increase the portfolio's yield and consequently decrease the City's required funding requirements to the employee pension plan. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the Commission approve the recommendation of the Board of Trustees to: 1. Move the domestic equity portfolio from "active" management (hiring private money managers) to "passive"management(Vanguard Total Market Index Fund), 2. Enter into a contract with Capital Institutional Services, Inc. to handle the transition from current individual stock holdings to Vanguard Total Market Index Fund, 3. Approve the changes to the investment policy as presented in this agenda item, and 4. Authorize the City Manager and City Attorney to coordinate and execute any and all documents needed to facilitate these transactions. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 7 OF 38 CONSENT 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs and Annan Landscaping Company,LLC totaling$24,000 for landscape maintenance at Central Winds Park. s FISCAL IMPACT: Funding for Central Winds Park Landscape Maintenance services is currently budgeted in the Parks and Recreation—Parks and Grounds Budget Line Code(7230-53188)in the amount of$24,000. `; 1 .4 vy 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 requesting the City Commission authorize the City Manager to execute the attached agreement, as prepared by the City Attorney,between the City of Winter Springs and Annan Landscaping Company,LLC totaling$24,000 for landscape maintenance at Central Winds Park. There was no discussion on this Agenda Item. CONSENT 202. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission to authorize the City Attorney to prepare a one-year extension agreement and the City Manager to execute the agreement between the City of Winter Springs and Dawnalee Corporation for neighborhood parks landscape maintenance services as stated in section 2.1 of the 2011 agreement. FISCAL IMPACT: Funding for Landscaping Maintenance of Central Winds park is currently budgeted in the Parks and Recreation—Parks and Grounds Budget Line Code(7230-53188)in the amount of$56,388.00. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 8 OF 38 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 requesting the City Commission to authorize the City Attorney to prepare the one year extension agreement and the City Manager to execute the agreement between the City of Winter Springs and Dawnalee Corporation for neighborhood parks landscape maintenance service. No discussion. CONSENT 203. Not Used CONSENT 204. Finance and Administrative Services Department REQUEST: The Finance and Administrative Services Department requests The City Commission to consider the Sale of the property at Lori Anne Lane for $42,500 and authorize the City Manager to execute all necessary contracts. FISCAL IMPACT: If the City accepts the contract with a sale price of$42,500 the net proceeds will be placed in the Revolving Rehabilitation Fund for future economic development projects.The net proceed will be approximately: Sale Price $42,500 Commission$-2,000 Closing Cost$-1,000 $39,500 In addition the City will discontinue maintenance,insurance and utilities for this property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 9 OF 38 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 haste also been electronically forwarded to the individuals noted above, and which is also available on the City's MIF 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: Recommend the Commission authorize the City Manager and City Attorney to prepare and execute all contracts and documents necessary to facilitate the selling of 154 Lori Anne Lane for price$42,500. This Agenda Item was not discussed. CONSENT 205. Office of the City Manager REQUEST: City Manager requesting the Commission approve Resolution 2012-44, designating Monday,December 24, 2012 as a City Holiday. FISCAL IMPACT: A decision to designate December 24, 2012 as a City Holiday would have no additional personnel budget impact on the City for the majority of employees. However, there would be a resultant personnel incremental cost impact relative to "shift" employees, due mainly to minimum-manning scheduling and associated necessary coverage for Public Safety personnel. Estimated additional incremental costs for all Departments for this purpose are approximately $10,000 and would be proactively absorbed by the Departments within current FY 2013 budget allocations. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 10 OF 38 RECOMMENDATION: The City Manager recommends the City Commission approve Resolution 2012-44, designating Monday, December 24,2012 as a City Holiday. No discussion. CONSENT 206. Public Works Department REQUEST: The Public Works Department requests the City Commission approve the Amberly plat and authorize the plat to be recorded. 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 recommends the City Commission approve the Amberly plat, subject to provision of the required bond, letter of credit, or cash deposit,and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. There was no discussion on this Agenda Item. CONSENT 207. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the Monday, October 22, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact to the approval of this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 11 OF 38 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press ' Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The draft version was sent to the Mayor and City Commission for their reference, prior to the November 19, 2012 City Commission Special Meeting, just in case they wanted to refer to the Minutes of their last meeting. RECOMMENDATION: The City Commission is respectfully requested to Approve the Monday, October 22,2012 City Commission Regular Meeting Minutes. No discussion. CONSENT 208. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the November 19, 2012 City Commission Special Meeting Minutes. FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the November 19, 2012 City Commission Special Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 12 OF 38 "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE _«.� COMMISSIONER HOVEY: AYE 7 COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. The Office of the City Manager and Finance and Administrative Services Department REQUEST: The City Manager and the Finance and Administrative Services Department request the City Commission receive the Investment Report for the fourth quarter of fiscal year 2012 (quarter ending September 30, 2012) as prepared and presented by PFM Asset Management LLC. Mr. Steven Alexander, Managing Director, CTP, CGFO, The PFM Group, 300 South Orange Avenue, Suite 1170, Orlando, Florida: addressed the City Commission and reviewed highlights of the City's Investment Report, and mentioned Bonds and the Bond Market, the Fed's "QE3" (Quantitative Easing), Fannie Mae and Freddie Mac agencies, to which Mr. Alexander noted, "These are three (3) events that are all happening in 2013 that will put additional pressure on the short term interest rates. Of course what that means to us is that we'll have less potential to earn interest income." Continuing, Mr. Alexander stated, "We're in a good position because your portfolio is invested and we have increased the duration a little bit so that if the interest rates do go down, the value of your current portfolio is going to go up." Mr. Alexander then explained, "The portfolio is diversified among a variety of different instruments and that is important. I think diversification as well as maturity selection serves really, as the hallmark of the overall portfolio. We produced about two hundred and six thousand [dollars] ($206,000) worth of interest earnings this year, close to twenty thousand [dollars] ($20,000)worth in realized gains for the portfolio. The portfolio is in full compliance with the Investment Policy." Additionally, Mr. Alexander noted, "As far as the benchmarks are concerned, the portfolio outperformed the benchmarks. You will notice that unfortunately the returns are lower than previous years simply because interest rates have been underchallenged, but we are outperforming the benchmark." Furthermore Mr. Alexander added, "We're in compliance with the Investment Policy, and we're producing a rate of return." Asset allocation, and maturity distribution were mentioned next,to which Mr. Alexander commented, "For 2013, we want to maintain a little bit longer duration as possible, so we can lock in the current yields that we're enjoying right now." Mr. Alexander then mentioned, "I do want to point out - all of your Investment Policy requirements are actually loaded up on our trading platform so that a portfolio manager or trader cannot buy something from the beginning if it's not in compliance with your Investment Policy." Lastly, Mr. Alexander remarked, "So going forward, 2013, needs a closer look at, if we can, pushing durations and the maturities out a little bit. If we're able to do that,that will put us in a better position to protect ourselves from declining interest rates again." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 13 OF 38 AWARDS AND PRESENTATIONS 301. The Office of the City Manager and Finance and Administrative Services Department REQUEST: The City Manager and the Finance and Administrative Services Department request the City Commission receive the City's fourth quarter financial report for the 2012 fiscal year. Mr. Shawn Boyle,Director,Finance and Administrative Services Department presented an overview of the City's Financial Report for the fourth quarter and noted that property taxes have been decreased two (2) years now in a row and what the net earnings for the year are. Mr. Boyle added,"One bright spot in the whole financial picture essentially at your direction again, is Community Development (Department) did quite well. They had a gain this year." Continuing, Mr. Boyle added, "We have an executive dashboard out there—all the major statistics are out there. If you want to take a look at any detail, cash position is doing very well right now, all the lights across the board are still green." Concluding his report, Mr. Boyle noted that the upcoming year would be a very challenging one and added, "We will be giving you periodic updates every quarter or so." Mayor Lacey stated,"Thank you Shawn(Boyle)and to the entire Staff who has delivered that performance." AWARDS AND PRESENTATIONS 302. Oviedo-Winter Springs Regional Chamber of Commerce REQUEST: The Oviedo-Winter Springs Chamber of Commerce request the City Commission receive a presentation of the "Honorary Artist Recognition" of the Art Festival Poster to the Mayor And City Commission from the 2012 Winter Springs Festival of the Arts. Mr. Cory Skeates, Executive Director, Oviedo-Winter Springs Regional Chamber of Commerce, 1511 East State Road 434, Winter Springs, Florida: presented the 5h Annual Festival of the Arts poster to the City and remarked, "I want to say personally to all of you, thank you for your support of this event." Further comments followed on the 5d'Annual Festival of the Arts; and Mr. Skeates noted his thanks to Mr. Chris Caldwell,Director,Parks and Recreation Department and his staff for their support. Mr. Skeates added,"They've been great throughout all this." A signed framed print from the 2012 Winter Springs Festival of the Arts was presented to the City of Winter Springs. AWARDS AND PRESENTATIONS 303. Office of the Mayor and City Commission REQUEST: Presentation of a Resolution of Appreciation to Mr. Larry Chmura, recognizing his outstanding service and dedication to the City of Winter Springs and its' residents, as a recent Member of the Beautification of Winter Springs Board—with our heartfelt gratitude for his sincere contributions. Mayor Lacey and the City Commission presented a Resolution of Appreciation to Mr. Larry Chmura with their gratitude for his service to the City of Winter Springs as a recent Member of the Beautification of Winter Springs Board. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 14 OF 38 AWARDS AND PRESENTATIONS 304.Public Works Department REQUEST: Update on the Status of the Cross Seminole Trail Missing Link by Mr. Antoine Khoury, PE Assistant Director, Seminole County Public Works. ,. Vwn MON Mr. Antoine Khoury, P.E., Assistant Director, Seminole County Public Works addressed the Mayor and City Commission and reviewed the planned stages and dates related to the Cross Seminole Trail Missing Link. With further comments, Mr. Khoury noted,"In a nutshell, we are shooting for Fall of 2013 to start construction on the Trail itself. The construction should not take us too long." Discussion followed with Mr.Khoury and Mr.Kip Lockcuff,P.E.,Director,Public Works/Utility Departments on the process, the parties involved, critical events, dates of planned action, due diligence, the legislative session schedule, and that it is approximately a four (4) month long time to agendaize State business. Deputy Mayor Joanne M. Krebs suggested the State of Florida's schedule timeline in comparison with the short time line that Winter Springs requires be noted in our Lobby. Commissioner Cade Resnick asked if there anything that Winter Springs, Mayor Lacey, our Staff, and Seminole County could do to speed up this matter. Mr. Khoury then stated, "The minute we get their approval from the Cabinet, and like Kip (Lockcuff) said, he can advertise, we can advertise too. I mean, we'll have everything in order to go to construction now. CSX (Corporation) might be delayed a little bit and that's where the City — you guys had some luck with the CSX (Corporation) so if we can get CSX(Corporation), if they're delayed,we can get them to move a little bit ahead of time; but within that window, CSX(Corporation) should be able to do the crossings, no problem." Brief comments followed. Mayor Lacey then said to Mr. Khoury, "I would appreciate it if you would stay in touch with our Staff and keep them apprised of the process." Mr. Khoury commented briefly on the banner matter and stated, "The Agreement we brought to you—we asked you to re-sign - the Agreement was actually modified for the City of Winter Springs' overpass. The reason is I was using it and I saw that it needs pressure washing There is some mildew build-up on some of the undersides of the overpass; so we went back and said to Seminole County — part of the maintenance on this bridge, the maintenance of the structure, we want to be able to pressure wash it and what the Agreement that you had in front of you gives us is everything else you had before, in addition to that, we would be able to pressure wash the overpass. So we'd like to move this forward so we can pressure wash your overpass." REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report was given. REPORTS 401. Office Of The City Manager—Kevin L. Smith No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—DECEMBER 10,2012 PAGE 15 OF 38 REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC City Clerk Andrea Lorenzo-Luaces presented official Certificates of Election from the Seminole County ' Supervisor of Elections to Commissioner Jean Hovey, Commissioner Pam Carroll, and Deputy Mayor Krebs. zm 1 M ' REPORTS �srr::,rs,•.r� 403. Office of the Mayor- The Honorable Charles Lacey No Report was given. REPORTS 404. Office of Commissioner Seat One-The Honorable Jean Hovey Commissioner Hovey commented on the "Shop with a Cop" event and said it was a great event and noted how happy the children seemed. Secondly, Commissioner Hovey asked about the status of the pending sound Report related to the Kee Wee Entertainment District. City Manager Kevin L. Smith noted this matter was being reviewed by City Attorney Anthony A. Garganese, Chief of Police Kevin Brunelle, Police Department, Captain Chris Deisler, Police Department, and himself and that they will also work with the Sound Specialist and then, "Once we work it at the Staff level, we'll be bringing it back to you all for recommendations. But we are working through that process." Commissioner Hovey then stated, "I want to personally thank all of the employees of the City. I know you have all worked hard this year, and we did approve giving them the Monday before Christmas as a holiday. What are your thoughts about giving them the Monday before January 1St, (2013)as a holiday?" Mayor Lacey said to Manager Smith, "You had to do some significant legal research to make sure that all the is were dotted on this one. Does that apply equally as well to this idea or would it present new challenges?" Manager Smith remarked, "The same approach, the same thought process would apply equally to this issue. Not to be presumptuous, but if the Commission were of the mindset to entertain this,it would need to be memorialized in a Resolution per our Personnel Policy and that would have to be done tonight, as we don't meet again before the holiday." Discussion ensued on a suggested Motion, which was then withdrawn. Attorney Garganese remarked, "One procedural suggestion for you all is to have a Motion to reconsider Resolution 2012-44, bring that up, and add to that Resolution, the additional day which would be December 31, (2012) as a City Holiday and then have a Motion to approve the Resolution as Amended." "I WILL MAKE THE MOTION TO RECONSIDER." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 16 OF 38 MAYOR LACEY SUMMARIZED, "MOTION IS TO RECONSIDER RESOLUTION 2012-44. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE V COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. — Mayor Lacey noted,"So Resolution 2012-44 is before us now." "I WOULD LIKE TO MAKE THE MOTION TO APPROVE THE AMENDED RESOLUTION (2012- 44)." MOTION BY COMMISSIONER HOVEY. SECONDED. DISCUSSION. MAYOR LACEY SUMMARIZED, "THE MOTION IS TO APPROVE MODIFYING RESOLUTION 2012-44 TO INCLUDE DECEMBER 31sT, (2012) AS AN ADDITIONAL HOLIDAY." COMMISSIONER HOVEY AGREED AND SAID, "CORRECT — FOR THIS YEAR ONLY." MAYOR LACEY ADDED, "FOR DECEMBER 31sT,20122" VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE COMIYIISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Closing out this discussion,Mayor Lacey stated,Resolution 2012-44 as Amended,is passed." Lastly, Commissioner Hovey commented, "Merry Christmas to our City Employees." REPORTS 405. Office of Commissioner Seat Two-The Honorable Rick Brown Commissioner Rick Brown thanked Chief Brunelle and the Police Department for their assistance with the Boys Town Annual Tree Lighting held this past Sunday. Commissioner Brown spoke of the largest amount of attendees ever, and thanked the Police Department for the traffic control and everything else that they helped with. REPORTS 406. Office of Commissioner Seat Three-The Honorable Pam Carroll Commissioner Carroll complimented Staff on the "Winter Wonderland" event and also the "Shop with a Cop" event. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 17 OF 38 Next, Commissioner Carroll noted she recently attended the East Phase Redistricting Meeting held at Winter Springs High School "Which encompasses schools that serve Winter Springs at the Elementary level, Lawton, Keeth and Rainbow; however, I suddenly discovered that Layer, Highlands and Winter Springs Elementary, are included in the north phase; so I do think we need to keep an eye on it. Middle Schools and High Schools are not �w going to be redistricted in this phase." "I WOULD LUCE TO MAKE AN APPOINTMENT TO PARKS AND RECREATION (ADVISORY COMMITTEE) TO FILL MY PRIOR SEAT, AND I WOULD LIIE TO APPOINT, EDITH WALSH." MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER HOVEY. "`$"V1 DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REPORTS 407. Office of Commissioner Seat Four-The Honorable Cade Resnick Commissioner Resnick stated, "I would like to thank everybody involved with the `Winter Wonderland', winter festival event that went on. Chris (Caldwell), your team did a great job." Commissioner Resnick then commented on the logistics for such an event and said that he and his family enjoyed it. Secondly, Commissioner Resnick thanked Chief Brunelle and the Police Department for the "Shop with a Cop" event. Commissioner Resnick then offered his thanks to City Staff, the community, the Department Directors and everyone else in Winter Springs for the great year; and also added, "Happy Holidays". REPORTS 408. Office of Commissioner Seat Five/Deputy Mayor-The Honorable Joanne M. Krebs Deputy Mayor Krebs noted that at the last City Commission meeting, she meant to extend her appreciation to the Seminole County Supervisor of Elections for the fine job he did "In keeping everything above board and transparent with the close races that he had to deal with"and offered her thanks. Next, Deputy Mayor Krebs thanked the Police Department and everyone involved, including the Rotary Club for the recent"Shop with a Cop"event as they made a wonderful Christmas event for some needy children. Deputy Mayor Krebs also commented on the great Holiday parade and other events and also offered a Merry Christmas and Happy Hannakah. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—DECEMBER 10,2012 PAGE 18 OF 38 PUBLIC INPUT Mr. Ken Spalthoff, 1106 Shadowbrook Trail, Winter Springs, Florida: representing the Homeowner's Association of Winding Hollow and commented about some discussions he had with Mr. Paul Partyka on the property in question in Regular Agenda Item"600". Tape 1/Side B Further comments followed on the proposed project noted under Regular Agenda Item"600". Mr. Don Purcell, 431 Woodcrest Street, Winter Springs, Florida: also commented on the project related to Regular Agenda Item"600" and his concern with clear cutting trees and hoped that the City Commission would not let any trees be cut that were more than nine inches (9") in diameter. Ms. Victoria Goldie, 100 Brookshire Court, Winter Springs, Florida: thanked the City Commission for their support in the past and mentioned that her property is the first one when one enters the Winding Hollow subdivision and that her same concerns from last year were applicable this time around, such as traffic, animals, and safety. Mr. Paul Partyka, 231 Solaris Wharf Street, Winter Springs, Florida: remarked about the proposed project related to Regular Agenda Item"600"and the different points that everyone had talked about. Ms. Sharon Testerman, 1101 Shadowbrook Trail, Winter Springs, Florida: addressed the Mayor and City Commission and thanked them for everything, and thought that with the empty buildings in Winter Springs, that perhaps Regular Agenda Item"600"could be reconsidered when the economy is better. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: The Community Development Department - Planning Division requests that City Commission hold a Public Hearing for the Second Reading and Adoption of Ordinance 2012-14,amending the Comprehensive Plan related to the Capital Improvements Element(Expedited State Review, CPA-2012-02-ESR). FISCAL IMPACT: The amendment is not expected to have any negative fiscal impact. The administrative land use amendment updates the Capital Improvements Element by incorporating the currently adopted legislation. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 19 OF 38 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 R, 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. August 30,2012- Noticing in Orlando Sentinel September 11,2012-Local Planning Agency Public Hearing September 24,2012-First Reading of Ordinance 2012-14-Transmittal Public Hearing November 29,2012-Noticing in Orlando Sentinel December 10,2012-Second Reading of Ordinance 2012-14-Adoption Public Hearing RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2012-14. In addition, staff recommends that the Ordinance be submitted to the Florida Department of Economic Opportunity as required by Florida Statute 163.3184(3) Expedited State Review Amendment Process. Attorney Garganese read the Ordinance by"Title"only. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department briefly spoke on this Agenda Item. Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2012-14)." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 20 OF 38 PUBLIC HEARINGS 501. Community Development Department-Planning Division """"" REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing to consider first reading of Ordinance 2012-19, a Small-Scale Future Land Use Map Amendment which proposes to change the Future Land Use Map designation for an 8.29 acre parcel, h located on the north side of State Road 434, approximately 582-feet west of the intersection of DeLeon ' Street and State Road 434 from "Commercial", Conservation and Conservation Overlay to Low Density Residential","Conservation" and"Conservation Overlay". = FISCAL IMPACT: The proposed Small-Scale future land use amendment which re-designates the property from "Commercial", "Conservation" and "Conservation Overlay" to "Low Density Residential", "Conservation" and "Conservation Overlay" represents a small loss of potential commercial taxable value for the City. However,the commercially zoned property is not conducive to commercial development as a majority of this property is comprised of wetlands or Conservation Easements. The development of the property into a single-family residential subdivision will provide approximately $16,500 in additional taxable value to the City. A detailed fiscal analysis will be performed once the design is more formalized and will be presented to the Commission as part of conceptual site plan agenda item. At present, the proposed residential would seem to represent a viable and fiscally responsible use for the small portion of this property that is able to be developed. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on October 28, 2012. The applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. On November 26, 2012, city staff spoke with Mr. Andy Wasson, the president of the Barrington Estates homeowners association. Mr. Wasson indicated the homeowner's association board has no issues with the proposal, but there may be individual residents that have concerns regarding the proposal. The City has posted the property with the standard large yellow sign advertising the dates of all hearings. This sign has been on the property for approximately 2 months. To date, staff has not received any phone calls either in favor or in opposition to the proposal. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 21 OF 38 RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve First Reading of Ordinance 2012-19, a Small-Scale Future Land Use Map Amendment which changes the Future Land Use Map designation for an 8.29 acre parcel located on the north side of State Road 434, approximately 582- feet west of the intersection of DeLeon Street and State Road 434 from"Commercial","Conservation"and "Conservation Overlay" to "Low Density Residential", "Conservation" and "Conservation Overlay", and CZZJ move said Ordinance forward to second reading and adoption. M19 1 !,-b, Mr. Bobby Howell, AICP, Planner, Community Development Department began the discussion on this Agenda Item and stated for background information, "Items '501'—'504' are all regarding one(1)proposed project,that's going to be developed in both the City of Winter Springs and the City of Oviedo." Continuing his presentation,Mr. Howell commented on outreach efforts they have made in terms of this proposed project. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read the Ordinance by"Title"only and noted,"This is a legislative matter." Mayor Lacey opened the "Public Input"portion of the Agenda Item. Mr. Donald Peterson, 3585 Canal Street, Oviedo, Florida: addressed the City Commission on behalf of the East Seminole County Rural Coalition, and the Black Hammock Association in regards to Public Hearings Agenda Items "501"through"504"and hoped the City Commission could postpone their Votes so that all issues could be further checked before any decision is made. Further comments followed on the rural boundary. Mr. Dwight Saathoff, First Mover Finance and Development LLC, 5535 Osprey Isle Lane, Orlando, Florida: spoke as the Applicant on the process, the people and groups he has met with on this project, and various aspects related to Surveys and Zoning. Mayor Lacy closed the "Public Input"portion of the Agenda Item. Brief comments. "I WOULD MAKE A MOTION TO APPROVE." MAYOR LACEY STATED, "MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER HOVEY TO APPROVE ON FIRST READING ORDINANCE 2012-19." DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 22 OF 38 PUBLIC HEARINGS 502. Community Development Department-Planning Division REQUEST: �'FEE.0m The Community Development Department—Planning Division requests that the City Commission hold a public hearing for the first reading of Ordinance 2012-20, which proposes to rezone a 8.29 acre parcel located on the north side of State Road 434, approximately 582-feet west of the intersection of DeLeon Street and State Road 434 from C-1 (Neighborhood Commercial)to R-1A(One-family dwelling district). Z=, FISCAL IMPACT: The proposed Small-Scale future land use amendment which re-designates the property from r„Z�,R „ "Commercial", "Conservation" and "Conservation Overlay” to "Low Density Residential", °' "Conservation" and "Conservation Overlay" represents a small loss of potential commercial taxable value for the City. However,the commercially zoned property is not conducive to commercial development as a majority of this property is comprised of wetlands or Conservation Easements. The development of the property into a single-family residential subdivision will provide approximately $16,500 in additional taxable value to the City. A detailed fiscal analysis will be performed once the design is more formalized and will be presented to the Commission as part of conceptual site plan agenda item. At present, the proposed residential would seem to represent a viable and fiscally responsible use for the small portion of this property that is able to be developed. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on October 28, 2012. The applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. On November 26, 2012, city staff spoke with Mr. Andy Wasson, the president of the Barrington Estates homeowners association. Mr. Wasson indicated the homeowner's association board has no issues with the proposal, but there may be individual residents that have concerns regarding the proposal. The City has posted the property with the standard large yellow sign advertising the dates of all hearings. This sign has been on the property for approximately 2 months. To date, staff has not received any phone calls either in favor or in opposition to the proposal. RECOMMENDATION: Staff and the Planning & Zoning Board recommend that the City Commission approve on first reading Ordinance 2012-20, which proposes to rezone an 8.29 acre parcel located on the north side of State Road 434, approximately 582-feet west of the intersection of DeLeon Street and State Road 434 from C-1 (Neighborhood Commercial) to R-1A (One-family dwelling district), and move said ordinance forward to second reading. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 23 OF 38 Attorney Garganese read the Ordinance by "Title" and added, "This one is quasi-judicial in nature and if it helps any, then with respect to public comment and the Applicants' continents, we can incorporate their previous comments into this Agenda Item as well as the two (2) Agenda Items for the Weaver property. If they have anything in addition to say, regarding the Application, certainly they're entitled to do so, but by incorporating it in by reference- it's in the Record." Mr. Howell noted, "This is just a companion rezoning to the Small Scale Comprehensive Plan Amendment that trxnll you just approved." � - 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 MOVE (ORDINANCE 2012-20) TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing for transmittal of Ordinance 2012-21, a Large-Scale Future Land Use Map Amendment, Expedited State Review(ESR 13-1),which proposes to change the Future Land Use Map designation from "Rural Residential" and "Conservation Overlay" to "Low Density Residential" and "Conservation Overlay"for approximately 19.1 acres,located on the north side of State Road 434,west of the intersection of DeLeon Street and Cress Run. FISCAL IMPACT: The proposed Large-Scale future land use amendment which re-designates the property from "Rural Residential' and "Conservation Overlay" to "Low Density Residential" and "Conservation Overlay" allows the subject property to be developed into a single-family residential subdivision.Development of the subject property is anticipated to provide an increase to the City's taxable value. The development of the property into a single-family residential subdivision will provide approximately $16,500 in additional taxable value to the City. A detailed fiscal analysis will be performed once the design is more formalized and will be presented to the Commission as part of conceptual site plan agenda item. At present, the proposed residential would seem to represent a viable and fiscally responsible use for this property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 24 OF 38 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press '- .. Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with ... additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on October 28, 2012. The applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. On November 26, 2012, city staff spoke with Mr. Andy Wasson, the president of the Barrington Estates homeowners association. Mr. Wasson indicated the homeowner's association board has no issues with the proposal,but there may be individual residents that have concerns regarding the proposal. The City has posted the property with the standard large yellow sign advertising the dates of all hearings. This sign has been on the property for approximately 2 months. To date, staff has not received any phone calls either in favor or in opposition to the proposal. RECOMMENDATION: Staff and the Local Planning Agency recommend the City Commission hold a public hearing for First Reading and Transmittal of Ordinance 2012-21, a Large-Scale Future Land Use Map Amendment, Expedited State Review (13-1 ESR) to the Florida Department of Economic Opportunity as required by Florida Statute 163.3184(3) Expedited State Review Process, which proposes to change the Future Land Use Map designation from "Rural Residential" and "Conservation Overlay" to "Low Density Residential" and "Conservation Overlay" for approximately 19.1 acres, located on the north side of State Road 434, west of the intersection of DeLeon Street and Cress Run. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MOTION CARzEED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read the Ordinance by"Title"only and added, "It is also legislative in nature." Mr. Howell introduced this Agenda Item and stated, "If First Reading is approved, this item will then be transmitted to the State of Florida Department of Economic Opportunity for review and comment. Following their review and comment it will be brought back to this Board at a later date." Further comments. Mayor Lacey opened the "Public Input"portion of the Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 25 OF 38 Mr. Donald Peterson, 3585 Canal Street, Oviedo, Florida: stated, "We're not against the development over there. It's just about how it's done and how everything comes together." With further comments, Mr. Peterson stated, "We're not against these people using our property for what they want to do and I just want to go on Record saying that." "Lit Mayor Lacey closed the "Public Input"portion of the Agenda Item. Mr. Dwight Saathoff, First Mover Finance and Development LLC, 5535 Osprey Isle Lane, Orlando, Florida: t cG stated, "I have no problem reaching out and working with him on any aspect of this—I just want you to be aware ;a of that. We're certainly not trying to hide anything and if there is something that he can recommend that would make this better for anybody and everybody, I'm all ears." Mr. Randy Stevenson,ASLA,AICP, Director, Community Development Department mentioned they had been in talks with various entities and the meeting would continue and stated, "I assume we're going to have numerous additional meetings as we work our way through the final layout and the Final Engineering." Mayor Lacey asked if"You would forward an opportunity for people in the Black Hammock to participate and have their voice heard?" Mr. Stevenson responded, "Absolutely." Commissioner Brown asked, "And others..." Mr. Stevenson remarked, "...Yes." Commissioner Carroll then asked about Mr. Peterson being involved in the process. Mr. Stevenson commented, "Any meetings that we hear of or that we host or that Oviedo hosts, we'll make sure that the—invitations go out to the Black Hammock as well as anybody in Barrington Estates and around there and any of the residential aspects of Oviedo as well." Commissioner Brown added, "Can I ask that if we are going to a meeting whether we are hosting it or not, that Don (Peterson) and those folks are invited and understand that they are welcome to come." Mr. Stevenson replied, "Absolutely." "MOTION TO APPROVE." MOTION. SECONDED. DISCUSSION. MAYOR LACEY STATED, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER CARROLL TO APPROVE ON FIRST READING(ORDINANCE) 2012-21,MOVE IT TO SECOND READING." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a public hearing to consider Ordinance 2012-22, which proposes to rezone a 19.1 acre parcel located on the north side of State Road 434, west of the intersection of DeLeon Street and Cress Run from R-C1 (Single- family dwelling district)to R-1A(One-family dwelling district). CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—DECEMBER 10,2012 PAGE 26 OF 38 FISCAL IMPACT: The proposed rezoning of the property from R-Cl (Single-family dwelling district) to R-lA (One-family dwelling district) allows the subject property to be developed into a single-family residential subdivision. The development of the property into a single-family residential subdivision will provide approximately $16,500 in additional taxable value to the City. A detailed fiscal analysis will be performed once the design ��. em .WA is more formalized and will be presented to the Commission as part of conceptual site plan agenda item. At present, the proposed residential would seem to represent a viable and fiscally responsible use for this Property. :. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on October 28, 2012. The applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. On November 26, 2012, city staff spoke with Mr. Andy Wasson, the president of the Barrington Estates homeowners association. Mr. Wasson indicated the homeowner's association board has no issues with the proposal, but there may be individual residents that have concerns regarding the proposal. The City has posted the property with the standard large yellow sign advertising the dates of all hearings. This sign has been on the property for approximately 2 months. To date, staff has not received any phone calls either in favor or in opposition to the proposal. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve first reading of Ordinance 2012-22, which proposes to rezone a 19.1 acre parcel located on the north side of State Road 434, west of the intersection of DeLeon Street and State Road 434 from R-CI (Single-family dwelling district)to R-1A(One-family dwelling district),and move said ordinance forward to second reading. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read the Ordinance by"Title" only and stated, "This is First Reading of this Ordinance also quasi-judicial in nature." Brief comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 27 OF 38 Mayor Lacey opened the "Public Input"portion of the Agenda Item. ,ate No one spoke. '" "e Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO MOVE (ORDINANCE 2012-22) TO SECOND READING." MOTION BY P.',".7 m'`:1 COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK." DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department REVISED REQUEST: The Community Development Department - Planning Division requests that the City Commission hold a Public Hearing to consider the Final Engineering Plans and Aesthetic Review package for Moss Park Commercial/ Apartments, a mixed use project consisting of 15 apartment units and 6,000 square feet of retail/office space located on the north side of State Road 434, east of the intersection of Moss Road and State Road 434. FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Apartments(15 units) Income approach: $601,330 assessed tax value $601,330/1000=601.33 601.33(2.5400)=$1,527.37 $1,539.40 (less the 4% statutory discount)_ $1,465.80 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 2.54=0.25 $0.25 tax revenue Total Potential Tax Revenue: $1,466.05 (1465.80+0.254= 1466.05) 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(2.5400)=$1371.60 $1,371.60 (less the 4% statutory discount)_ $1316.74 tax revenue CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—DECEMBER 10,2012 PAGE 28 OF 38 Taxes paid on vacant land now(data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel moo $100 assessed tax value 100/1000=0.1 0.1 x 2.54=0.25 $0.25 tax revenue Total Potential Tax Revenue: $1,316.99 -w (1316.74+0.254= 1316.99) �W' Total taxable value for entire site: $2,782.79 total n-=_ 1 (1465.80+ 1316.99=2805.17) 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 and the Planning&Zoning Board recommend that the City Commission: • Approve the Final Engineering Plans for the Moss Park Mixed Use Development, subject to the execution of a binding development agreement which addresses conditions of approval placed on the Conditional Use by the City Commission at their July23, 2012 meeting. • Approve the Aesthetic Review package for Moss Park Mixed Use Development Tape 2/Side A Mr. Woodruff began the discussion on this Agenda Item and mentioned that the Planning and Zoning Board discussed the Final Engineering Plans for this project at a meeting last week and a copy of their Draft/Unapproved Minutes were placed on the dais for the Mayor and City Commission to review. Further comments. Additionally, Mr. Woodruff stated, "The Engineer recently Amended the November 19''Final Engineering Plans that are depicted in Attachment `A' in your Staff Report. Basically, the Amendment was in order to address all open comments which mainly concerned the rounding of the proposed water main and the location of the services." Comments followed on the project, the various criteria including parking spaces, and that City Staff has met with the Applicant and the Applicant agreed to the terms of a binding Development Agreement. 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 29 OF 38 Discussion followed on the minimum commercial retail space and was there a maximum. Mr. Woodruff stated, "There was none." With further comments,Mr. Woodruff noted, "It's limited based upon the site constraints." Attorney Garganese pointed out, "The purpose of tonight's Meeting is to approve Final Engineering Plans which , has an exact amount of commercial and an exact number of units; so perhaps you can just re-emphasize what the Commission is exactly approving this evening because there are no minimum/maximum, after they approve these Plans." Mr. Stevenson noted, "The plans in front of you again, include 6,000 square feet of commercial and as I recall,they reason it was set as a minimum was because we wanted to make sure it was a true Mixed Use building because it does front on (State Road) 434." Further, Mr. Stevenson stated, "What you see in front of you tonight is fifteen (15)new residential units,that's 6,000 square feet of commercial." Further comments. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY STATED THAT THE MOTION WAS "TO APPROVE STAFF'S RECOMMENDATION FOR THE FINAL ENGINEERING PLANS AND AESTHETIC REVIEW." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 506. Community Development Department-Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Services Division, is requesting that the City Commission approve Resolution 2012-42 for the potential levy of Non-Ad Valorem Special Assessments over certain areas of the City commencing in November 2013. FISCAL IMPACT: The fiscal impact of potential assessments related to Resolution 2012-42 are as follows: Tuscawilla Units 12/12A Wall (Special Revenue Fund) • Combined, the Capital and Maintenance Assessments may total between $16,500 to $19,300 annually (less statutory discount and tag collector costs), depending upon outcomes of the establishment study, costs and rate approval by the City Commission. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 30 OF 38 Tuscawilla Lighting and Beautification District(Special Revenue Fund 184) °^ • Greens at Tuscawilla - At the current maintenance assessment rate of$120/ERU, 60 parcels would add$7,200 annually(less statutory discount and tax collector costs)in maintenance revenue. • At the current maintenance assessment rate of $120/ERU, 56 Various parcels (assuming all are valid for inclusion)would add $6,576 annually (less statutory discount and tax collector costs)in maintenance revenue. • It is not likely that a Capital Assessment can be collected for the additional parcels. All assessments and final rates will be presented to the City Commission for approval at the August 12, 2013 City Commission Meeting. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The required Non-binding Notice of Intent was advertised in the Orlando Sentinel on November 12th, 19th,26th, and December 3rd,2012. RECOMMENDATION: The Community Development Department, Urban Beautification Services Division, is recommending that the City Commission approve Resolution 2012-42 for the potential levy of Non-Ad Valorem Special Assessments over certain areas of the City commencing in November 2013. Mayor Lacey remarked that"This is more than just Unit 12/12A,and we are under a time deadline to approve this if we are going to do it." Mr. Steve Richart, Urban Beautification Division Services, Community Development Department presented this Agenda Item. Continuing, Mr. Richart stated, "This would be brought back to you in August of next year. If approved,it would appear on the Tax Bills starting November of next year." 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. Next, Mayor Lacey inquired, "Is there a Motion to Approve Resolution 2012-427 "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—DECEMBER 10,2012 PAGE 31 OF 38 VOTE: COMMISSIONER CARROLL: AYE "®°°° 4 DEPUTY MAYOR KREBS: AYE ,,, COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE +1 COMMISSIONER RESNICK: AYE rPtIZ MOTION CARRIED. s vx�msr�' REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Community Development Department-Planning Division requests that the City Commission consider approval of Resolution 2012-43, which would divide a parcel of real property, located on the southwest corner of S.R.434 and Winding Hollow Boulevard,into two separate lots. FISCAL IMPACT: There is no immediate fiscal impact directly 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 recommends that if the City Commission approves the Lot Split Resolution, the approval should be subject to the following conditions be memorialized in a binding development agreement which will be recorded against the Interior Lot simultaneously with the recording of the Lot Split Resolution: 1) The Applicant shall be required to submit permit applications to permit and develop an office park on the Interior Lot; 2) The Applicant shall consent to the City administratively rezoning the Interior Lot to C-1 (Neighborhood Commercial); 3) The Applicant shall consent the Interior Lot being subject to the S.R. 434 General Design Standards for New Development Area; and 4) The Lot Split Resolution shall not be finalized and recorded until such time the binding development agreement is finalized and executed. Mr. Woodruff introduced this Agenda Item and reviewed data related to the proposed lot split, and additional communication efforts that Staff had made, as requested by the City Commission, and conditions to be memorialized in the proposed Development Agreement. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 32 OF 38 "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS." DISCUSSION. DEPUTY MAYOR KREBS ADDED, "I JUST WANT TO THANK STAFF FOR REALLY SITTING > r DOWN AND PUTTING TOGETHER A D.A. (DEVELOPMENT AGREEMENT) THAT REALLY ° PROTECTS THE CITIZENS OF WINDING HOLLOW AND I JUST WANT YOU TO KNOW THAT I APPRECIATE IT." OTHER COMMISSIONERS NOTED THAT THEY WERE IN AGREEMENT WITH WHAT DEPUTY MAYOR KREBS SAID. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. REGULAR 601. Community Development Department REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Fannie Mae Finance Corporation for reduction of a Code Enforcement Lien on property located at 708 Lakeside Drive. FISCAL IMPACT: The request represents a $57,698.36 reduction in the amount to be collected and credited to the City's General Fund. However, the current assessed value of the property is $41,755. The original lien amount could actually exceed the fair market value of the property, thereby rendering said property unsellable. Because staff s recommendation is for a partial release of the lien, the balance of the lien ($57,698.36)will remain an encumbrance on any and all real or personal property owned by the original violator, Mr. Kenneth Disch. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 33 OF 38 RECOMMENDATION: The Community Development Department,the Code Enforcement Division of the Police Department, and the Code Enforcement Board recommend that the City Commission approve a partial release of lien, releasing the property at 708 Lakeside Drive from all but $1,061.92 of the lien. The balance of the lien ($57,698.36) will remain an encumbrance on any and all real or personal property owned by the original violator,Mr. Kenneth Disch. ac.;�e 4tTT1 1 Mr. Stevenson reviewed some of the key points in this Agenda Item for discussion. Discussion followed on the Y p g Lien, and the property owner's situation. Attorney Garganese clarified, "The recommendation is that one thousand sixty-one dollars and ninety-two cents ($1,061.92) be paid by Fannie Mae and then the property will be released." Attorney Garganese mentioned the Code provides a timeline of thirty (30) days to do this, "So we need to make sure that they are advised of that; otherwise then the whole amount of Lien remains on the property per Code." With comments on the Lien, Attorney Garganese noted, "The remaining balance of the Lien will remain an encumbrance against the Violators; any other real property or personal property that they own; and in the future, you may collect additional monies, depending on the circumstances of that individual Violator. But this Partial Release would only release the property, so the property can be sold free and clear of all encumbrances." Discussion followed on the property owner, their situation, and Chief Brunelle commented on some Code Enforcement related information. Commissioner Resnick asked if we could determine the personal status of the property owner. Chief Brunelle stated, "Absolutely. We will do that. We'll consult with the City Attorney to find out what our options there are." Further discussion followed on what was before the City Commission related to the property owner's situation. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. REGULAR 602. Community Development Department REQUEST: Community Development Department is requesting that the Mayor and Members of the City Commission make appointments to the seven (7) members Districting Commission, pursuant to Section 4.02 of the Charter of the City of Winter Springs. Pursuant to the above referenced section of the City's Charter, these appointments must be made by the first day of February 2013. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—DECEMBER 10,2012 PAGE 34 OF 38 ama FISCAL IMPACT: There is no immediate fiscal impact directly associated with this agenda item. P s COMMUNICATION EFFORTS: " This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has ` also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the Mayor and City Commission appoint the seven ( ) members Districting Commission, as set forth in the provisions of Section 4.0.2 of the City Charter. MOTION TO APPOINT DAN FINLEY TO THE DISTRICTING COMMISSION. MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Lacey suggested Mr. Maurice Kaprow for the Districting Commission. "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey suggested Mr.Mark Sardo for the Districting Commission. "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 35 OF 38 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE 'rf MOTION CARRIED. Mµl. . Mayor Lacey said to City Clerk Lorenzo-Luaces, that regarding the remaining Appointments, "You will keep the ..., Commissioners informed?" City Clerk Lorenzo-Luaces responded,"I'd be glad to" REGULAR 603. Office of the City Clerk REQUEST: The City Clerk requests that an Appointment be made for the Parks and Recreation Advisory Committee to fill a current open Seat,due to the recent resignation of Advisory Committee Member Pam Carroll. FISCAL IMPACT: There is no specific fiscal impact to this proposed Appointment. 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. Mayor Lacey and the current City Commission are aware of this "At Large" open seat as this was mentioned by the City Clerk at the November 19,2012 City Commission Special Meeting. RECOMMENDATION: The City Clerk requests that an Appointment be made to fill the currently open "At Large" seat on the Parks and Recreation Advisory Committee. Please see Commissioner Carroll's Report for action related to this Agenda Item. REGULAR 604. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission consider nominating the next Deputy Mayor as stipulated in the Charter of the City of Winter Springs,consistent with actions in the past. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 36 OF 38 FISCAL IMPACT: °m°° �a There is no specific fiscal impact to this Appointment. COMMUNICATION EFFORTS: -y This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, ,: sa City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionall y,P ortions 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. Mayor Lacey and the current City Commission are aware of this vacancy as this was mentioned by the City Clerk at the November 19,2012 City Commission Special Meeting. RECOMMENDATION: The City Commission is being requested to appoint a Member of the City Commission to serve as the next Deputy Mayor. "I WOULD NOMINATE COMMISISONER RESNICK." MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 605. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission to authorize the City Attorney to prepare a one year agreement with options for renewals and the City Manager to execute the agreement between the City of Winter Springs and Lynx for senior transportation services, and provide direction on the potential charging of a new passenger fee. FISCAL IMPACT: Option 1 Under this option, the City would pay the $25,086 contractual amount to Lynx annually to provide senior transportation, with no passenger fee. This amount represents a $4,588 cost savings over the prior year amount. Funds for this purpose are budgeted in FY 2012,Parks &Rec Account 7250-53188. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 10,2012 PAGE 37 OF 38 Option 2 = This option includes passing on a portion of the transportation costs to passengers. Under this option,the City pays the above annual cost, reduced by funds generated by a one way passenger fee established to use senior transportation,with the resultant City cost as follows. 4 $1 fee=$22,534 p av $2 fee=$19,982 $3 fee=$17,430s M~. $4 fee=$14,878 Lynx would handle all fee collections. If the Passenger Fee (Option 2) is chosen, staff will bring back a Resolution to moralize this fee. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Parks and Recreation Department is requesting the City Commission to authorize the City Attorney to prepare a one year agreement and the City Manager to execute the agreement between the City of Winter Springs and Lynx for senior transportation services selecting either Option 1 or Option 2, as follows: Option 1 City pays the$25,086 annually to provide senior transportation with no passenger fee. Option 2 City pays the above annual cost, reduced by the one way passenger fee established to use senior transportation with the resultant City cost as follows: $1 fee=$22,534 $2 fee=$19,982 $3 fee=$17,430 $4 fee=$14,878 If the Passenger fee is chosen, staff will bring back a Resolution to moralize this fee. Mr. Caldwell presented this Agenda Item to the Mayor and City Commission. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—DECEMBER 10,2012 PAGE 38 OF 38 Discussion. "MOTION TO APPROVE `Option F WITH NO RIDER FEE." MOTION BY COMMISSIONER c BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: � , -j COMMISSIONER HOVEY: AYE ,'.x COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE � .,.`4 COMMISSIONER CARROLL: AYE -• MOTION CARRIED. Mayor Lacey said,"Tell LYNX thank you." PUBLIC INPUT No one addressed the Mayor and City Commission at this time. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:31 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES,MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were Approved at the 12013 City Commission Regular Meeting.