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HomeMy WebLinkAbout_2011 09 26 City Commission Regular Agenda CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION AGENDA REGULAR MEETING MONDAY, SEPTEMBER 26, 2011 – 5:15 P.M. CITY HALL – COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five NOTE: IT IS NOT UNCOMMON THAT THERE MAY BE CHANGES TO THIS AGENDA, INCLUDING ADDITIONAL INFORMATION TO BE PROVIDED TO THE MAYOR AND CITY COMMISSION.  PLEASE SILENCE CELLULAR TELEPHONES AND/OR PAGERS DURING THE MEETING CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 2 OF 18 CALL TO ORDER Roll Call Invocation Pledge Of Allegiance Agenda Changes INFORMATIONALAGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. INFORMATIONAL 101. Parks And Recreation Department REQUEST: Wishes To Inform The City Commission About The Planning Efforts Of The 2011 Hometown Harvest Special Event. FISCAL IMPACT: • In 2010 The Hometown Harvest Event Had Final Expenditures Totaling $7,508.00, And Final Revenues Totaling $4,700.00. • Staff Has Conducted A Thorough Evaluation Of The Budget And Is Proposing Expenses Of $5,055.00; This Does Not Include A Projected Cost Of $1,655.00 For Public Safety (Attachment #1). • Current Projection For Revenues From Sponsorship And Vendor Booths Total $5,800.00. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 3 OF 18 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Review RECOMMENDATION: Parks And Recreation Recommends That The City Commission Receive And The Information Presented. INFORMATIONAL 102. Information Services Department, Finance And Administrative Services Department, And Utility Department REQUEST: Wish To Inform Commission On A Strategic Initiative To Enhance Customer Service For Utility Customers. FISCAL IMPACT: There Is A Monthly Fee Of $39.99 For Cellular Service Which Is Currently Budgeted In Department 1360. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, And Is Available on the City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends That The City Commission Review And Accept The Information In This Agenda Item. CONSENT AGENDA CONSENT 200. Public Works Department REQUEST: Requesting Authorization To Renew Continuing Services Agreements For Civil Engineering Services With CPH Engineers, Inc., Camp Dresser & McKee, Inc., And Johnson, Mirmiran & Thompson, Inc. For Up To Three Years. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 4 OF 18 FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. Funding For Project Assignments To Be Performed Under These Agreements Will Follow The City’s Normal Budgeting And Approval Process. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends The City Commission Authorize The Renewal Of Continuing Services Agreements For Civil Engineering Services With CPH Engineers, Inc., Camp Dresser & McKee, Inc., And Johnson, Mirmiran & Thompson, Inc. For Up To Three Years, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. CONSENT 201. Public Works Department – Stormwater Division REQUEST: Requesting Authorization To Enter Into An Agreement With Clarke Aquatic Services, Inc. For Aquatic Weed Control And Maintenance Services Of City-Maintained Ponds. FISCAL IMPACT: The Funding Source For The $41,587.32 Annualized Cost To Maintain Stormwater Ponds Is Line Code 3800-54693 Of The Stormwater Utility Budget. The Annualized Cost Of $41,587.32 Is Within The Budget And Less Than The Current Annual Contract Amount Of $46,560.00. The Funds For This Project Will Be Expended Over The Twelve-Month Contract Period. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends The City Commission Provide Authorization To Enter Into A Contract Agreement With Clarke Aquatic Services, Inc. For Bid # ITB008/11/ZP, Aquatic Weed Control And Maintenance Of Certain Ponds At An Annual Cost Of $41,587.32 Payable From The Stormwater Utility Fund. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 5 OF 18 CONSENT 202. Office Of The City Manager AndFinance And Administrative Services Department REQUEST: Requesting The Commission Consider Adoption Of Resolution 2011-51, To Formalize The Establishment Of The Solid Waste Fund, Arbor Fund And Purposed Constraints Imposed Upon The Uses Of These Funds As Necessitated By New GASB-54 (Governmental Accounting Standards Board). FISCAL IMPACT: There Is No Impact On The City’s Financials If This Agenda Item Is Adopted. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: City Manager And Director Of Finance And Administrative Services Recommend The Commission Adopt Resolution 2011-51 Formally Establishing The Arbor And Solid Waste Fund. CONSENT 203. Office Of The City Clerk REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number 2011- 49 Offering Their Appreciation And Gratitude For The Service Of Ms. Leah Weisman As A Recent Member Of The Code Enforcement Board. FISCAL IMPACT: There Is No Fiscal Impact Related To Resolution Number 2011-49, If This Resolution Is Approved. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 6 OF 18 Upon Approval Of This Resolution, The City Clerk Will Contact Ms. Weisman On Behalf Of The Mayor And City Commission, In Keeping With What The City Commission Has Previously Requested. RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve Resolution Number 2011-49. Upon Approval Of This Resolution, The City Clerk Will Then Contact Ms. Weisman Regarding Scheduling An Official Presentation By The Mayor And City Commission At An Upcoming City Commission Regular Meeting. CONSENT 204. Office Of The City Clerk REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number 2011- 50 Offering Their Appreciation And Gratitude For The Service Of Mr. Terry Patten As A Recent Member Of The Oak Forest Wall And Beautification District Advisory Committee. FISCAL IMPACT: There Is No Fiscal Impact Related To Resolution Number 2011-50, If This Resolution Is Approved. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Upon Approval Of This Resolution, The City Clerk Will Contact Mr. Patten On Behalf Of The Mayor And City Commission, In Keeping With What The City Commission Has Previously Requested. RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve Resolution Number 2011-50. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr. Patten Regarding Scheduling An Official Presentation By The Mayor And City Commission At An Upcoming City Commission Regular Meeting. CONSENT 205. Public Works Department REQUEST: Requesting The City Commission Validate The Staff Recommendation Finding The Jesup’s Reserve Phase 2 Sitework To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Public Infrastructure For Ownership And Maintenance. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 7 OF 18 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends That The City Commission Validate The Staff Recommendation Finding The Jesup’s Reserve Phase 2 Sitework To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Public Infrastructure For Ownership And Maintenance. CONSENT 206. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The September 12, 2011 Attorney – Client Session/ 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, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve September 12, 2011 Attorney – Client Session/Special Meeting Minutes CONSENT 207. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The September 12, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 8 OF 18 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The September 12, 2011 City Commission Regular Meeting Minutes. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Parks And Recreation Department REQUEST: Presenting to the Mayor and City Commission The United States Water Fitness Association “The 2011 Top Aquatic Program In The State Of Florida” Awarded To The City Of Winter Springs Therapy Pool. AWARDS AND PRESENTATIONS 301. Parks And Recreation Department REQUEST: Presenting To The Mayor And City Commission The United States Water Fitness Association “2011 National Aquatic Award” Awarded To The City Of Winter Springs Therapy Pool As The Top Twenty Aquatic Program In The United States. RECESS REPORTS REPORTS 400. Office Of The City Attorney – Anthony A. Garganese, Esquire REPORTS 401. Office Of The City Manager – Kevin L. Smith REPORTS 402. Office Of The City Clerk – Andrea Lorenzo-Luaces, MMC CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 9 OF 18 REPORTS 403. Office Of Commissioner Seat Three – The Honorable Gary Bonner REPORTS 404. Office Of Commissioner Seat Four – The Honorable Cade Resnick REPORTS 405. Office Of Commissioner Seat Five – The Honorable Joanne M. Krebs REPORTS 406. Office Of The Mayor – The Honorable Charles Lacey REPORTS 407. Office Of Commissioner Seat One/Deputy Mayor – The Honorable Jean Hovey REPORTS 408. Office Of Commissioner Seat Two – The Honorable Rick Brown PUBLIC INPUT (Anyone Who Wishes To Speak During Public Input On Any Agenda Item Or Subject Matter Will Need To Fill Out A “Public Input” Form. You Will Be Given Three (3) Minutes To Speak; However, If You Are Speaking On Behalf Of A Group Or Homeowner’s Association, You Will Be Given Five (5) Minutes To Speak. It Is At The Discretion Of The City Commission To Allow A Speaker More Than The Allotted Time. If You Wish To Speak During Any Scheduled Public Hearings On The Agenda, You Will Also Need To Fill Out A “Public Input” Form And Will Be Given The Same Time Allotment As Mentioned Above. Please Address The Mayor Or Presiding Officer With All Comments.) PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager REQUEST: Is Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2011-41, Which Establishes The Final Operating Millage Rate And The Final Voted Debt Service Millage Rate For Fiscal Year 2011-2012 For The City Of Winter Springs. FISCAL IMPACT: The Decision To Levy An Operating Millage Rate Of 2.4500 Mills As Opposed To The Rolled-Back Rate Of 2.6133 Mills Results In Reduced Ad Valorem General Fund Revenues Of Approximately $250,000.00. The Decision To Maintain The Voted Debt Service Millage Rate At 0.1100 Mills Requires A Subsidy From The General Fund To The Central Winds Debt Service Fund In The Amount Of $55,500.00. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 10 OF 18 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Upon Approval And Adoption Of Resolution No. (Number) 2011-41, The Millage Rates For Fiscal Year 2011- 2012 Will Be Communicated To The Seminole County Property Appraiser And The Seminole County Tax Collector As The Millage Rates To Be Levied By The City Of Winter Springs For The 2011 Tax Year (Fiscal Year 2011-2012). RECOMMENDATION: It Is Recommended That The Commission Adopt Resolution No. (Number) 2011-41 Establishing The Final Operating Millage Rate At Whatever Rate The Commission Deems Necessary For Fiscal Year 2011-2012 (Not To Exceed 2.45 Mills), The Final Voted Debt Service Millage Rate At 0.1100 Mills For Fiscal Year 2011-2012 And Publicly Announce The Percentage By Which The Final Operating Millage Rate Is Less Than The Rolled-Back Rate. A ‘Sample’ Motion Follows Which Includes The Necessary Elements For Statutory Compliance: I Make The Motion That The City Of Winter Springs Adopt Resolution No. (Number)2011-41 Establishing The Final Operating Millage Rate At 2.4500 Mills, Establishing The Voted Debt Service Millage Rate At 0.1100 Mills And Publicly Announcing That The Final Operating Millage Rate Is 6.25% Less Than The Computed Rolled-Back Rate Of 2.6133 Mills. PUBLIC HEARINGS 501. Office Of The City Manager REQUEST: Proposing That The City Commission Hold A Public Hearing To Consider The Approval Of Resolution No. (Number) 2011-42, Establishing The Final Budget For Fiscal Year 2011-2012. FISCAL IMPACT: The Proposed Final City-Wide Budgets By Fund Type Currently Reflect The Following Appropriations To (From) Fund Balance: General Fund – ($607,373.00); Comprised Of $723.00 Of Positive Operating Coverage And ($608,096.00) In Capital/Non-Recurring Coverage Governmental Funds (Exclusive Of General Fund) – ($2,269,272.00) Enterprise Funds – $936,842.00 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 11 OF 18 This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Upon Approval And Adoption Of Resolution No. (Number) 2011-42, The Final Budget For Fiscal Year 2011– 2012 Will Be Implemented And Become Effective On October 1, 2011. Within One Week Of Adoption The Final Budget Will Be Placed On The City’s Website. RECOMMENDATION: Recommend That The Commission Approve The Final Budget For Fiscal Year 2011-2012  Recommend That The Commission Adopt Resolution No. (Number) 2011-42 Establishing The Final Budget  For Fiscal Year 2011-2012 PUBLIC HEARINGS 502. Community Development Department REQUEST: Presenting To The City Commission A Request From The Law Firm Of Lowndes Drosdick Doster Kantor & Reed That The City Commission Amend Section 20-418. Of The City’s Code Of Ordinances Relating To The Required Distances From Gasoline Stations And Other Properties Zoned Residential, Other Properties With Existing Gasoline Stations, And Properties On Which A School Or Playground Is Proposed Or Exists. FISCAL IMPACT: There Is No Immediately Measurable 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 All eAlert/eCitizen Recipients; And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. Staff Has Sent Two Separate E-Mail Notifications To The Affected Homeowners Associations (Winding Hollow, Stone Gable, And Parkstone). Staff Has Also Spoken To Several Concerned Residents Regarding This Request. RECOMMENDATION: Staff Recommends That The City Commission Consider The Request And The Information Provided In This Agenda Item And Provide Direction To Staff As They Deem Appropriate. The Commission Can Instruct Staff To Pursue A Text Amendment To The Code Of Ordinances Or Choose To Leave The Code As It Currently Reads Relative To The Location Of Gasoline Stations. PUBLIC HEARINGS 503. Community Development Department– Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2011- 08, Which Revises The Regulatory Language For Home Occupations And Home Offices, In The City’s Code Of Ordinances. (First Reading Of This Ordinance Was Previously Continued From The July 25, 2011 City Commission Meeting Due To Concerns Of Several Citizens.) CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 12 OF 18 FISCAL IMPACT: While There Is No Immediately Measurable Fiscal Impact Associated With This Ordinance, The Intent Is To Create A More Predictable And Defined Framework Within Which Home-Based Businesses Can Be Fostered And Become Viable Within The Residential Portions Of The City Without Becoming A Potential Nuisance To The Neighborhood. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Staff Has Consulted With Several Concerned Citizens Relative To The Final Draft Of The Ordinance And Believes Their Concerns Have Been Addressed In The Final Draft Attached To This Agenda Item. STAFF RECOMMENDATION: Staff And The Planning And Zoning Board(/Local Planning Agency) Recommend Approval Of The First Reading Of Ordinance 2011-08, And Moving Said Ordinance Forward To Second Reading. PUBLIC HEARINGS 504.1 Community Development Department – Planning Division REQUEST: Requests That The City Commission Consider Approval Of: 1) A Modification To The Tuscawilla Greens Preliminary/Final Engineering Plan To Permit The Construction Of 60 Townhome Units; And, 2) The Amended Development Agreement For Tuscawilla Greens, An 11.45 Acre Development Site Located On The South Side Of Winter Springs Boulevard, East Of The Tuscawilla Country Club Which Was Approved For The Construction Of 60 Condominium Units In 2008. FISCAL IMPACT: The Potential Tax Revenue Of The Proposed Project Is Estimated As Follows: Townhomes (60 units) Units (1,800 Square Foot Average) Assessed At $90.00/Square Foot: $9,720,000.00 Assessed Tax Value (1,800 x 90 = 162,000 x 60 Units = $9,720,000.00) $9,720,000.00/1000 = $9,720.00 $9,720.00 x (2.5814) = $25,091.21 $24,087.56 Tax Revenue $25,091.21 (Less The 4% Statutory Discount) = City Of Winter Springs Taxes Paid On Vacant Land Now (Data Obtained From Seminole County Property Appraiser): $3,097.68 $3,097.68 Tax Revenue Total Potential Tax Revenue: $27,185.24 CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 13 OF 18 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff And The Planning And Zoning Board(/Local Planning Agency) Recommend That The City Commission Act On The Requests For The Tuscawilla Greens Project As Follows: 1) Approve The Modified Preliminary/Final Engineering Plans To Accommodate The Proposed Townhome Development; And, 2) Approve The Amended Development Agreement And Authorize The City Manager And City Attorney To Finalize The Document For Execution And Recordation. PUBLIC HEARINGS 504.2 Community Development Department – Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing To Consider The Aesthetic Review For The Proposed Tuscawilla Greens Project, A 60-Unit Townhome Development. FISCAL IMPACT: The Potential Tax Revenue Of The Proposed Project Is Estimated As Follows: Townhomes (60 Units) Units (1,800 Square Foot Average) Assessed At $90.00/Square Foot: $9,720,000.00 Assessed Tax Value (1,800 x 90 = 162,000 x 60 Units = $9,720,000.00) $9,720,000.00/1000 = $9,720.00 $9,720.00 x (2.5814) = $25,091.21 $24,087.56 Tax Revenue $25,091.21 (Less The 4% Statutory Discount) = City Of Winter Springs Taxes Paid On Vacant Land Now (Data Obtained From Seminole County Property Appraiser): $3,097.68 $3,097.68 Tax Revenue Total Potential Tax Revenue: $27,185.24 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 14 OF 18 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 And Zoning Board(/Local Planning Agency) Recommend That The City Commission Approve The Aesthetic Review Package For The Tuscawilla Greens Townhome Development. PUBLIC HEARINGS 505. Public Works Department And Office Of The City Attorney REQUEST: Requesting Approval Of A Fifth Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Development Of A Portion Of Parcel 7 As Townhome Property By Morgran Greens, LLC. 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, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. In Addition To The Communications Efforts Listed Above, A Sign Has Been Installed At The Front Of The Development Property Notifying The Public That The Tuscawilla Greens Project Will Be On The September 26, 2011 City Commission Agenda. RECOMMENDATION : Staff Recommends The City Commission Approve The Fifth Amendment To The Settlement Agreement, Subject To Modification To Waive The Requirement For The Fourth Tennis Court Per The Tuscawilla Country Club’s And Morgran Greens’ Request, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. PUBLIC HEARINGS 506. Office Of The City Manager REQUEST: Requesting The City Commission Approve On Second Reading Ordinance # (Number) 2011-13 . Which Repeals The Public Building Impact Fee FISCAL IMPACT: The Repeal Of This Impact Fee Will Result In A Savings To New Development Or Redevelopment Of Up To $400.00 Per Dwelling Unit And Up To $925.00 Per 1,000 Square Feet For Commercial Development. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 15 OF 18 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. In Addition, Development Services Staff Is Advising Any Affected Applicants In The Permit Review Process Of The Potential Repeal Of This Impact Fee. The Notice Of Public Hearing For This Ordinance Was Advertised On September 15, 2011 In The Orlando Sentinel Classifieds. A Copy Of The Ad Is Attached. RECOMMENDATION: Staff Recommends The City Commission Hold A Public Hearing And Approve On Second Reading Ordinance 2011-13 Repealing The Public Building Impact Fee. PUBLIC HEARINGS 507. Office Of The City Manager And Community Development Department REQUEST: Request That The City Commission Hold A Public Hearing For The First Reading Of Ordinance 2011-14,Which Establishes The Jobs Growth Incentive (JGI) Program, An Economic Development Cash Incentive Program To Entice Relocating Or Expanding Businesses That Are Considered Targeted Industries That Create Qualifying Jobs Within The City. FISCAL IMPACT: There Is No Immediate Fiscal Impact Associated With This Agenda Item. However, The City Has Allocated Certain General Fund Revenues As A Mechanism To Fund The JGI Program. As Stated Above, The Commission Will Review And Decide On Funding On A Case-By-Case Basis. Part Of The Commission’s Consideration Of Each Application Will Be The Return On Investment Period. The Commission Will Consider The Anticipated Ad-Valorem Taxes To Be Generated By The Project And The Anticipated Time Period For Said Ad-Valorem Taxes To Equal And Exceed The Award Amount As Well As The Overall Economic Impact Of The Project Upon The Local Economy. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 16 OF 18 RECOMMENDATION: The City Manager And Community Development Department Recommend That The , City Commission Approve The First Reading Ordinance 2011-14Which Establishes The Jobs Growth Incentive (JGI) Program Which Will Allow The City To Utilize This Economic Development Program As A Business Recruitment Tool And Move The Ordinance Forward To Second Reading. REGULAR 600. Public Works Department REQUEST: Requesting Authorization To Enter Into A Stockpile Agreement With Mattamy Partnership To Permit The Conditional Stockpiling Of Soil On The Jesup’s Landing Townhome Site In Order To Advance Prepare A Portion Of The Site For Future Townhome Construction. 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, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. In Addition To The Communications Efforts Listed Above, Written Notices Regarding This Agenda Item Have Been Sent To All Residents Of Tuscawilla Trace, St. Johns Landing, And All Properties Abutting Orange Avenue. A Sign Has Also Been Posted At The Front Of The Jesup’s Landing Site Providing Public Notice For This Agenda Item. RECOMMENDATION: Staff Recommends The City Commission Provide Authorization To Enter Into A Stockpile Agreement With Mattamy Partnership To Permit The Conditional Stockpiling Of Soil On The Jesup’s Landing Townhome Site, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. REGULAR 601. Office Of The City Clerk REQUEST: Requests The City Commission Consider The Information In This Agenda Item As It Pertains To City Clerk’s Performance Review For The Period From September 28, 2010 – September 26, 2011. (The Actual Anniversary Date Is September 27 For The City Clerk). FISCAL IMPACT: As No Merit Raises Were Approved During The 2010-2011 Fiscal Year, No Additional Funding Is Requested As Part Of This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 17 OF 18 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The Mayor And City Commission Are Requested To Review This Agenda Item Including The Submitted “Performance Evaluation Form” And If Acceptable To The Mayor And City Commission, To Deem Completing The “Performance Evaluation Form” With Consideration Of Any Input Or Suggestions They May Have. REGULAR 602. Community Development Department - Arbor Division REQUEST: Requesting That The City Commission Consider The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. The Resident Is Concerned That Large Limbs Extending Over The Roof Of Her Home Pose A Safety Hazard And Could Cause Damage. FISCAL IMPACT: If This Request Is Approved, The Applicant Will Pay A $25.00 Arbor Permit Fee And There Will Be Mitigation Requirements In The Form Of Additional Tree Plantings Required As Per The City’s Arbor Code. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends That The City Commission Deny The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. The Tree Is Currently In Good Overall Health And Appears Structurally Sound. Additionally, The Tree Has Not Caused Any Visible Damage To The Driveway Or Surrounding Structures That Could Be Seen During A Normal Arbor Inspection. Staff Could Find No Existing Condition That Rose To The Level Of An Extraordinary Circumstance Or Hardship As Referenced In Section 5-8.(b) Of The Arbor Ordinance. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING – SEPTEMBER 26, 2011 PAGE 18 OF 18 PUBLIC INPUT (Anyone Who Wishes To Speak During Public Input On Any Agenda Item Or Subject Matter Will Need To Fill Out A “Public Input” Form. You Will Be Given Three (3) Minutes To Speak; However, If You Are Speaking On Behalf Of A Group Or Homeowner’s Association, You Will Be Given Five (5) Minutes To Speak. It Is At The Discretion Of The City Commission To Allow A Speaker More Than The Allotted Time. If You Wish To Speak During Any Scheduled Public Hearings On The Agenda, You Will Also Need To Fill Out A “Public Input” Form And Will Be Given The Same Time Allotment As Mentioned Above. Please Address The Mayor Or Presiding Officer With All Comments.) ADJOURNMENT  PUBLIC NOTICE  This is a Public Meeting, and the public is invited to attend. This Agenda is subject to change. Please be advised that one (1) or more Members of any of the City’s Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 “at least 48 hours prior to the meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority” - per Section 286.26 Florida Statutes. “If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based” - per Section 286.0105 Florida Statutes.  