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HomeMy WebLinkAbout2010 03 22 Consent 209 Requesting Approval of the City Commission Regular Meeting Minutes of March 8, 2010 CITY OF WINTER SPRINGS, FLORIDA Pga 0 to incorporated 1959 .4*1 R1D CITY COMMISSION MINUTES REGULAR MEETING MONDAY, MARCH 8, 2010 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 2 OF 16 CALL TO ORDER The Regular Meeting of Monday, March 8, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:22 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road Winter Springs, Florida 32708). raQ Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Caws Commissioner Jean Hovey, absent =, Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present �`a... City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Manager Kevin L. Smith introduced the City's new Finance and Administrative Services Department Director, Mr. Shawn Boyle. Brief discussion. INFORMATIONAL AGENDA 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: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. INFORMATIONAL 101. Utility Department REQUEST: Informing The City Commission On The Potable Water Usage For 2009. FISCAL IMPACT: The Usage For 2009 Was Consistent With The Potable Water Revenue Estimate. COMMUNICATION EFFORTS: Staff Is Investigating Providing Annual Individual Usage Information On The Water Bills To Assist Residents In Monitoring Their Water Usage. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 3 OF 16 RECOMMENDATION: For Informational Purposes Only. No discussion. INFORMATIONAL 102. Utility Department REQUEST: Informing The City Commission Of The Receipt Of A 20 Year Consumptive Use Permit (CUP) From The St. Johns River Water Management District. �•�•; FISCAL IMPACT: Approximately $35,000.00 Was Spent Acquiring This Permit Primarily For neezi Groundwater Modeling By Hydrogeologists And Wetlands Delineations. The Extensive Well And Wetland Monitoring Requirements Will Cost An Estimated $60,000.00 To $75,000.00 To Establish. The Annual Cost Is Being Reviewed To Determine How Much Can Be Performed With Staff. COMMUNICATION EFFORTS: Staff Is Investigating Providing Annual Individual Usage Information On The Water Bills To Assist Residents In Monitoring Their Water Usage. RECOMMENDATION: For Information Purposes Only. This Agenda Item was not specifically discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING DISCUSSION RELATED TO INFORMATIONAL AGENDA ITEM "100" WAS ADDRESSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • •S INFORMATIONAL AGENDA 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: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 4 OF 16 RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. Ms. Tracy Crowe, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: provided th City Commission with a copy of a PowerPoint presentation. Ms. Crowe advised the City Commission what the - have been working on Comments followed regarding Town Center tenants; the GreeneWay Interchange Distric i ,, the Community Redevelopment Agency; working with City Staff; branding and brochures; working with th Oviedo - Winter Springs Regional Chamber of Commerce; responses to the Business Survey that has been sent ou area meetings they have been attending; and leads they have been following. . Furthermore, Ms. Crowe noted that Confidentiality Agreements will need to be signed to keep potentia businesses from being approached by other entities. r Commissioner Gary Bonner asked about the "Staff generated lead list" and when Workshop feedback would come back to the City Commission. Brief discussion followed on the steps Staff and Land Design Innovations, Inc. will take, prior to a Report going to the City Commission. Further discussion. CONSENT AGENDA CONSENT 200. Utility Department REQUEST: Requesting Approval To Piggyback Off The Florida Sheriffs Association Bid Award 09 -0908, Spec 84, For The Purchase One (1) 60KW Generator. FISCAL IMPACT: $37,000.00 Was Budgeted And Is Available Under Utility Line Code #3600- 64000. COMMUNICATION EFFORTS: No Communication Efforts Are Required. RECOMMENDATION: It Is Recommended That Approval Be Granted To Piggyback Off Florida Sheriffs Association Bid #09 -0908 Specification #84 For The Purchase Of One (1) 60KW Generator From Tradewinds Power Corp. For A Total Cost Of $ 35,857.00 Payable From Utility Line Code 3600 - 64000. There was no discussion on this Agenda Item. CONSENT 201. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: $0. There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor Conducting The Auction Has Also Been Provided On The Website. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 5 OF 16 RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. No discussion. t CONSENT Cnimage 202. Office Of The City Clerk Canal REQUEST: Requesting The City Commission Approve The February 22, 2010 City Commission Regular Meeting Minutes. 71 FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The February 22, 2010 City Commission Regular Meeting Minutes. This Agenda Item was not specifically discussed. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Office Of The Police Chief REQUEST: In Coordination With The Mayor And City Commission, The Following Awards Of Appreciation From The Winter Springs Police Department Are Presented To Mr. And Mrs. David And Lori Birchell; Ms. Cassandra King; And Ms. Barbara Ware. Chief of Police Kevin Brunelle presented the following Awards and Commendations from the Winter Springs Police Department: Winter Springs Police Department's Award of Appreciation for reporting a crime in progress where an apprehension of a suspect was made - presented to Ms. Barbara Ware. Winter Springs Police Department's Award of Appreciation for reporting a crime in progress where apprehension of multiple suspects was made - presented to Ms. Cassandra King. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 6 OF 16 Winter Springs Police Department's Award of Appreciation for supporting the Winter Springs Police Department - presented to Mr. and Mrs. David and Lori Birchell. 1,7,, - vbeza cam' AWARDS AND PRESENTATIONS 4 "t, 301. Office Of The City Manager REQUEST: Requesting The City Commission Hear A Presentation From The Oviedo - Winter Sprin Regional Chamber Of Commerce. a® Ms. Cynthia Sucher, 908 Lingo Court, Oviedo, Florida: as the President of the Oviedo- Winter Springs RegionaF Chamber of Commerce, Ms. Sucher addressed the City Commission on benefits and what is involved with a Chamber Trustee membership. Ms. Sucher also noted that fiscal documents were included with documents that had just been distributed to the City Commission during her presentation. Ms. Sucher mentioned that they have a new Accounting firm and remarked that this company has, "The ability to produce timely specific Reports." Additionally, Ms. Sucher commented, "We have a new Integrated Marketing Committee that is looking at branding - and again, when we brand the Oviedo - Winter Springs Regional Chamber of Commerce, that reflects back on the cities and we will certainly be coordinating that with Tracy (Crowe) and LDI (Land Design Innovations, Inc.)." Further discussion followed on reaching out to new members. Mr. Cory Skeates, 2570 Wild Tamarind Boulevard, Orlando, Florida: as the Director of the Oviedo - Winter Springs Regional Chamber of Commerce, Mr. Skeates commented on contacting new members. "MOTION TO REMOVE FROM THE TABLE." MOTION BY DEPUTY MAYOR BROWN. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER BONNER." DISCUSSION. MANAGER SMITH NOTED, "THERE WAS ALSO A RECOMMENDATION FROM STAFF TO INCLUDE THE TERMS OF THAT TRUSTEE MEMBERSHIP THROUGH A WRITTEN AGREEMENT THAT WAS PROVIDED PREVIOUSLY. I WOULD ASK IF THAT MOTION WOULD INCLUDE THE EXECUTION OF THAT AGREEMENT." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE RENEW OUR TRUSTEE MEMBERSHIP FOR 2010 IN THE OVIEDO- WINTER SPRINGS REGIONAL CHAMBER OF COMMERCE TO INCLUDE THE LANGUAGE PREVIOUSLY PROVIDED TO THE COMMISSION OUTLINING THE TERMS OF THAT AGREEMENT." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 7 OF 16 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE s. e MOTION CARRIED. onertn REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese noted that he and the City Manager will be meeting with Seminole County on Thursday, March 11, 2010with regards to the (recently discussed) Annexation issue. Secondly, Attorney Garganese commented on a new Volunteer Policy that is currently being reviewed by Department Directors. After that review process has been completed, the new Volunteer Policy will then be brought to the City Commission for their consideration. Thirdly, Attorney Garganese spoke about the Bishop Code Enforcement Case and a possible inconsistency related to parking and the Business Tax Receipt Code. Attorney Garganese explained, "There was an inconsistency in the - local Business Tax Receipt provisions for that particular home occupation. It recited the old parking regulations and so when the Commission Approved the new parking regulations this year for commercial vehicles, that restriction in the local Business Tax Receipt was not updated to reflect the new Code. So that has been taken care of and I was told that was re- issued correctly. So that's now been rectified." Furthermore, Attorney Garganese noted that the other issues related to the Bishop's are going before the Code Enforcement Board for reconsideration; and Staff is working through other matters. Attorney Garganese then commented on a letter from Mr. Albert Ford, Esquire related to Red Light Camera Infractions and noted that "The City Manager and I have talked about it — we're inclined to provide Mr. Ford all the Public Records that he has requested while this issue works its way through the Legislature." Commissioner Bonner asked Attorney Garganese, "Does that mean in the interim, we will continue business as usual ?" Attorney Garganese responded, "Correct." Attorney Garganese added, "We are going to proceed and fill Mr. Ford's request. I will respond - on the City's behalf advising him that the Records will be forthcoming once they have been gathered in the reasonable course." Lastly, Attorney Garganese advised the City Commission about an Amicus Brief he was preparing for the United States Supreme Court related to an Adult Entertainment and First Amendment Case. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith commented on dealing with the Federal Emergency Management Agency (FEMA) and that this Agency had requested the City return one million seven hundred thousand dollars ($1,700,000.00). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 8, 2010 PAGE 8 OF 16 Additionally, Manager Smith noted that the City is Appealing this request and "We will come back at the ne Meeting with a little more information on this and some more details." VorantlE Next, Manager Smith mentioned that as discussed at the last City Commission Meeting, Staff was going forwar with some survey questions in the annual Solid Waste Survey related to 4 of July and reviewed recommende wording such as: "`Do you support the 4 of July celebration in the City of Winter Springs ?' Question numb 2: `Do you support the utilization of tax payer dollars to fund this Event ?' Does that sound something reasonab to the Commission ?" Deputy Mayor Rick Brown stated, "Sounds good to me." Commissioner Sally McGinnis added, "That was the intent." Commissioner Joanne M. Krebs thought that a "Not to exceed" amount should be included. Manager Smith then said, "Sounds like a great idea. Is everyone okay with that - `Do you support the utilization of tax payer dollars not to exceed..." Commissioner Krebs remarked, "...Exactly..." Manager Smith continued, "...Twenty-five thousand dollars ($25,000.00) for funding of this Event.' Be happy to." Further comments followed. Tape 1 /Side B Discussion ensued on a suggestion by Commissioner Bonner for additional questions to possibly also be added to the Solid Waste Survey; that more questions would cost additional funds; that Staff should work with the Police Department on traffic issues and consider their input. Manager Smith noted, "We will be bringing back those - questions to this Commission as soon as possible." Further comments followed on when this Survey would be sent out to residents, and when the Commission would receive the results. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat Four — The Honorable Sally McGinnis Commissioner McGinnis complimented Attorney Garganese on the Brief he will be writing. Secondly, Commissioner McGinnis commented on some breeds of dogs being considered dangerous and asked Attorney Garganese to keep abreast of this issue. Attorney Garganese remarked, "We're keeping an eye on that." REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 9 OF 16 REPORTS rtaQ 405. Office Of The Mayor — The Honorable John F. Bush Bush announced that he and Manager Smith would be attending the City of Oviedo's Council Meeting next Monday, March 15, 2010 regarding possible partnership opportunities with the City of Oviedo. Next, Mayor Bush mentioned a meeting he had arranged with representatives from the University of Central` Florida on possible opportunities related to getting Public Administration students Internships with the City ofr:a D Winter Springs. Concluding, Mayor Bush commented on a set of three (3) Road Races to be sponsored by the Winter Springs Rotary, to possibly be held during the weekend of Halloween. REPORTS 406. Office Of Commissioner Seat One — The Honorable Jean Hovey Absent. REPORTS 407. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Brown mentioned that the next Joint Meeting with the City of Oviedo has not been scheduled yet; to which Mayor Bush said he would bring it up next Monday evening when he and Manager Smith attend Oviedo' s City Council meeting. Furthermore, Manager Smith stated that he had already approached Oviedo's City Manager and added, "I will give him a call additionally." REPORTS 408. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner remarked about attending a Homeowner's Association meeting tomorrow evening, March 9, 2010 at the Wedgewood Tennis Villas with Manager Smith and Mr. Brian Fields, P.E., City Engineer, Public Works Department. Secondly, Commissioner Bonner offered another welcome to the City's new Finance and Administrative Services Department Director Mr. Boyle. Commissioner Bonner added, "I would also like to extend a very special thank you and appreciation to Kelly Balagia for - doing such a terrific job of wearing those many hats, including putting together a terrific Budget last year. So Kelly (Balagia), thank you for your service!" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 10 OF 16 PUBLIC INPUT 1 Ms. Janet Megow, 100 -17 Moree Loop, Winter Springs Florida: spoke on the Community Redevelopment Agency (CRA) proposal for the US Highway 17 -92 corridor and Shepard Road; the Highlands community; that there is a lack of lighting in this area; and that she hoped the City Commission would Approve the proposal on tonight's Agenda. A 4 ❖ ❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "600" WAS ADDRESSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .;..;. REGULAR AGENDA REGULAR 600. Community Development Department — Urban Beautification Services Division REQUEST: Requesting That The City Commission Consider Resolution 2010 -07, Authorizing The Submission Of A Request To The U.S. Highway 17 -92 Community Redevelopment Agency To Fund The Shepard Road Streetscape Project At An Estimated Cost Of $500,000.00. FISCAL IMPACT: If Approved, The Project Will Be Funded From The U.S. Hwy (Highway) 17 -92 Corridor Redevelopment Planning Agency Redevelopment Trust Fund, In The Estimated Amount Of $500,000.00 As Follows: Project Start 1/3 Of Project Cost Paid To The City 50% Completion 1/3 Of Project Cost Paid To The City Completion 1/3 Of Project Cost Paid To The City The City Will Be Required To Fund Design Costs In The Amount Of $10,896.00 Plus Reimbursable Expenses Of Up To $375.00 (See Attachment `A'), For The Background, Engineering And Concept Plans Submittal To The CRA (Community Redevelopment Agency). This Expense Would Be Funded Initially From The City's General Fund Reserves And Is Expected To Be Reimbursed By The CRA (Community Redevelopment Agency). As Part Of The Total Project Cost. The Estimated Total Of $500,000.00 Is Projected To Be The Maximum Cost Of The Project, However, The Actual Cost Is Unknown Until The Project Is Let For Public Bid And A Contract Awarded By The City Commission. COMMUNICATION EFFORTS: The Shepard Road Streetscape Project Has Been Shared With The Public Through Contact From City Staff With Stakeholder Groups That Will Be Directly Affected By Improvements Related To This Redevelopment Project. Staff Is Planning To Review Conceptual Designs With The Public And Seek Final Input Prior To Commencement Of The Project. Staff Has Sought Feedback Regarding This Project From Stakeholder Groups Including Dittmer Architectural Aluminum And With Representatives From The Highlands And Wildwood Subdivisions. All Have Received The Concept Well And Look Forward To The Economic Stimulus, Public Safety And Beautification Aspects That Will Come To The Subject Roadway Section As A Result Of This Project. Conceptual Plans Will Be Shared With Each Group For Input Prior To Finalization Of The Project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 11 OF 16 RECOMMENDATION: Staff Recommends The City Commission Consider The Proposed Project Fo The Shepard Road Streetscape Project And Resolution 2010 -07, Allowing For Staff To Move Forwar With The Conceptual Design Phase Of The Project And . For Submittal To The CRA (Communit Agency) For Funding Approval. The Initial Cost Of $10,896.00, Plus Reimbursable C=4 Expenses Of Up To $375.00, For The Background Work, Engineering And Concept Plans Submittal Would Be Paid From The City's General Fund Reserves To Continuing Landscape And Architectural Services Vendor Bellomo - Herbert & Company (RFQ (Request For Quote) # 011 /09/KL). It Is Anticipate That Reimbursement Of This Expense In Full Will Be Part Of The Total Project Cost And Provided To The City At Project Start. S Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and explained, "This effort does dovetail in with part of our Strategic Plan in terms of its impact on Economic Development. Manager Smith thanked Mr. Metsopoulos for his assistance with getting this project activated as a result of Winter Springs' contributions to the Community Redevelopment Agency (CRA). Mr. John G. Metsopoulos, US Highway 17 - 92 CRA Program Manager, Seminole County, 1101 East First Street, Sanford, Florida :: commented briefly on funding. Mr. Steve Richart, Urban Beautification Services Division Manager, Community Development Department showed photographs of similar projects to the City Commission. Discussion followed on the aspects of the Shepard Road project; sidewalks; street lighting; signage; stormwater; and landscaping. Regarding the approval of this proposed project, Mayor Bush asked Mr. Richart, "The General Fund will be reimbursed ?" Mr. Richart responded, "Yes, that's what we are expecting." Further discussion ensued on moving forward with this project and possible involvement by the City of Longwood. Commissioner McGinnis asked if Diane's Park and a skate park could also be considered as part of this project. Mr. Richart explained, "It could be if the Commission decided to go that direction; or it could be a project for later." Mr. Metsopoulos stated, "We like to see the projects be somewhat more defined in their scope, like Shepard Road is a streetscape project." Mr. Metsopoulos pointed out that "If the RPA (Redevelopment Planning Agency) members don't like Diane's Park but love the Shepard Road, you then jeopardize both projects." Commissioner McGinnis asked if there was an estimate to do Diane's Park? Mr. Richart said, "No." Commissioner McGinnis suggested this be considered in the future. Next, Commissioner Bonner asked Mr. Metsopoulos, "Would you say - this upgrade to the streetscape is going to aid our ability to attract business or commercial enterprise to come into that bit of corridor we have there, to do some development and some growth and some expansion ?" Mr. Metsopoulos said, "Absolutely." With further comments, Commissioner Bonner asked to see the "Taxable value of the undeveloped land in that area, were it to be realized to its potential." Mr. Metsopoulos mentioned, "The CRA (Community Redevelopment Agency) will also fund for two (2) years, the maintenance upkeep of your mediums, so you won't have that impact initially." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 12 OF 16 "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. is VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER IQ2EBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - PART I PUBLIC HEARINGS 500. Community Development Department And Office Of The City Attorney REQUEST: Request That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -04, Amending The City's Tree Code To Address Energy Devices Based On Renewable Resources. FISCAL IMPACT: Given Section 163.04, Florida Statutes, The Draft Ordinance May Have A Negative Impact On Future Tree Bank Contributions. COMMUNICATION EFFORTS: Jan. (January) 24, 2010 - Public Noticing In The Orlando Sentinel Of Local Planning Agency Public Hearing P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Agenda Item Posted In City Hall And On The City's Website Feb. (February) 3, 2010 - Public Hearing Before The Planning & Zoning Board/Local Planning Agency Feb. (February) 22, 2010 -1 Reading & Public Hearing Before The City Commission Feb. (February) 25, 2010 - Public Noticing In The Orlando Sentinel 10 Days Before Adoption Public Hearing Mar. (March) 8, 2010 - 2 Reading /Adoption Public Hearing Before The City Commission Commission Agenda Item Are Posted At City Hall And Posted On City's Website RECOMMENDATION: P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010 -04 And After Much Discussion, Voted Unanimously (5-0) To Recommend Adoption Of The Draft Ordinance With The Language Amended, Removing The Term "Clothesline' Staff Recommendation - The Community Development Department And City Attorney Recommend That The City Commission Hold A Public Hearing For Second Reading Of The Ordinance, Consider The Recommendation Of The Planning & Zoning Board, And Make Any Changes To The Draft Ordinance Deemed Appropriate Before Adopting The Ordinance. Attorney Garganese read Ordinance 2010 -04 by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 13 OF 16 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE SECOND READING (ORDINANCE 2010 -04)." MOTION BY DEP MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. sman VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -02, Amending Section 20 -211. Front, Rear And Side Yard Regulations Of The City Code Regarding Zero Lot Line Properties In The R -3 Zoning District. FISCAL IMPACT: Improvements That Are Installed On Existing Residential Properties Typically Result In An Increase To The Taxable Value Of The Property And Of The Neighborhood. In This Case, The Value Lies Primarily In The Property Owner Upgrading Investment. COMMUNICATION EFFORTS: Jan. (January) 24, 2010 - Public Noticing In The Orlando Sentinel Of P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Public Hearing P &Z/Lpa Agenda Item Posted On City's Website Feb. (February) 3, 2010 - Public Hearing Before The P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Feb. (February) 22, 2010 - 1 Reading & Public Hearing Before The City Commission Feb. (February) 25, 2010 - Public Noticing In The Orlando Sentinel 10 Days Before Adoption Public Hearing Mar. (March 8, 2010 - 2 Reading/Adoption Public Hearing Before The City Commission Commission Agenda Item Posted On City's Website RECOMMENDATION: P &Z/LPA Planning And Zoning Board/Local Planning Agency Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010 -02 And Voted Unanimously (5 -0) To Recommend Adoption To The City Commission. Staff Recommendation - Staff Recommends That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -02, Amending Section 20 -211. Front, Rear And Side Yard Regulations Of The City Code Regarding Zero Lot Line Properties In The R -3 Zoning District. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 14 OF 16 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. st- Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE `501 ' (SECOND READING AND APPROVAL OF ORDINANCE 2010-02p..0 MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNI DISCUSSION. VOTE: peamffazo COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - PART II PUBLIC HEARINGS 502. Community Development Department - Planning Division REQUEST: Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -01, Which Changes The Zoning Designation For The State Road 419 Frontage Within The Deersong Subdivision Between Moss Road And Sherry Ave. (Avenue), Equaling 3.5 Acres More Or Less From "C -1 (Neighborhood Commercial)" To (Winter Springs) "R -3 (Multiple Family Dwelling Zoning District) ". FISCAL IMPACT: These Area Was Developed As Zero Lot Line As Single Family Residential Units In The 1990's And Current Property Taxes Reflect That Use. Therefore, The Zoning Change Is Expected To Result In NO Fiscal Impact To The City. COMMUNICATION EFFORTS: Jan. (January) 15, 2010 - Letters Sent To Property Owners Noticing P &Z (Planning And Zoning Board/Local Planning Agency) Public Hearing. Jan. (January) 15, 2010 - Letters Sent To Property Owners Within 150' Of The Subject Property. Jan. (January) 22, 2010 - Letters Sent To Property Owners Noticing ALL Public Hearings. Jan. (January) 18, 2010 - Signage Placed On Subject Property Under Consideration For Rezoning Jan. (January) 24, 2010 - Public Noticing In The Orlando Sentinel Of P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Public Hearing P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Agenda Item Posted On City's Website Feb. (February) 3, 2010 - Public Hearing Before The P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Feb. (February) 22, 2010 -1 Reading & Public Hearing Before The City Commission Mar. (March) 8, 2010 - 2° Reading/Adoption Public Hearing Before The City Commission Commission Agenda Item Posted In City Hall And Posted On City's Website CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 15 OF 16 RECOMMENDATION: P &Z/LPA (Planning And Zoning Board/Local Planning Agency Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010-1 And Voted Unanimously (5 -0) To Recommend Adoption To The City Commission. Staff Recommendation - Staff Recommends That The City Commission Hold A Public Hearing For Second Reading And Adopti Of Ordinance 2010 -01, Which Changes The Zoning Designation For The State Road 419 Frontage Withi The Deersong Subdivision Between Moss Road And Sherry Ave. (Avenue), Equaling 3.5 Acres More Less From "C -1 (Neighborhood Commercial)" To (Winter Springs) "R -3 (Multiple Family Dwel ' Zoning District) ". Attorney Garganese read Ordinance 2010 -01 by "Title" only and stated, "This is an Administrative Re- Zoning Ordinance and your package does include a written notice that was sent to affected Property Owners who will have their property administratively Re -Zoned if passed." Mayor Bush opened the "Public Input" portion of the Agenda Rem. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2010 -01)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. • ❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL "REPORT" WAS DISCUSSED NEXT, AS DOCUMENTED. • • REPORTS REPORTS 405. Office Of The Mayor — The Honorable John F. Bush Mayor Bush mentioned a street light that is continually on across from his residence. Manager Smith said to Mayor Bush, "We will contact Progress Energy." Deputy Mayor Brown mentioned there was a light near his home that has not been on for a few months. Mayor Bush added, "Check on his too." In other City business, Manager Smith remarked, "At Commissioner Krebs' direction and the Commission's request, we have now posted all the Posted Public Hearings, the signs that you see about these type of Re- Zonings, on our Website." Further brief comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 8, 2010 PAGE 16 OF 16 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 6:44 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO - LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2010 City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA `14‘14TER S,o O �� >. Z cn Incorporated 1959 • L ORI* CITY COMMISSION OFFICIAL MINUTES REGULAR MEETING MONDAY, MARCH 8, 2010 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 2 OF 16 CALL TO ORDER The Regular Meeting of Monday, March 8, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:22 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, absent Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Manager Kevin L. Smith introduced the City's new Finance and Administrative Services Department Director, Mr. Shawn Boyle. Brief discussion. INFORMATIONAL AGENDA 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: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. INFORMATIONAL 101. Utility Department REQUEST: Informing The City Commission On The Potable Water Usage For 2009. FISCAL IMPACT: The Usage For 2009 Was Consistent With The Potable Water Revenue Estimate. COMMUNICATION EFFORTS: Staff Is Investigating Providing Annual Individual Usage Information On The Water Bills To Assist Residents In Monitoring Their Water Usage. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 3 OF 16 RECOMMENDATION: For Informational Purposes Only. No discussion. INFORMATIONAL 102. Utility Department REQUEST: Informing The City Commission Of The Receipt Of A 20 Year Consumptive Use Permit (CUP) From The St. Johns River Water Management District. FISCAL IMPACT: Approximately $35,000.00 Was Spent Acquiring This Permit Primarily For Groundwater Modeling By Hydrogeologists And Wetlands Delineations. The Extensive Well And Wetland Monitoring Requirements Will Cost An Estimated $60,000.00 To $75,000.00 To Establish. The Annual Cost Is Being Reviewed To Determine How Much Can Be Performed With Staff. COMMUNICATION EFFORTS: Staff Is Investigating Providing Annual Individual Usage Information On The Water Bills To Assist Residents In Monitoring Their Water Usage. RECOMMENDATION: For Information Purposes Only. This Agenda Item was not specifically discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING DISCUSSION RELATED TO INFORMATIONAL AGENDA ITEM "100" WAS ADDRESSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • • INFORMATIONAL AGENDA 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: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 4 OF 16 RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. Ms. Tracy Crowe, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: provided the City Commission with a copy of a PowerPoint presentation. Ms. Crowe advised the City Commission what they have been working on. Comments followed regarding Town Center tenants; the GreeneWay Interchange District; the Community Redevelopment Agency; working with City Staff; branding and brochures; working with the Oviedo - Winter Springs Regional Chamber of Commerce; responses to the Business Survey that has been sent out; area meetings they have been attending; and leads they have been following. Furthermore, Ms. Crowe noted that Confidentiality Agreements will need to be signed to keep potential businesses from being approached by other entities. Commissioner Gary Bonner asked about the "Staff generated lead list" and when Workshop feedback would come back to the City Commission. Brief discussion followed on the steps Staff and Land Design Innovations, Inc. will take, prior to a Report going to the City Commission. Further discussion. CONSENT AGENDA CONSENT 200. Utility Department REQUEST: Requesting Approval To Piggyback Off The Florida Sheriffs Association Bid Award 09 -0908, Spec 84, For The Purchase One (1) 60KW Generator. FISCAL IMPACT: $37,000.00 Was Budgeted And Is Available Under Utility Line Code #3600- 64000. COMMUNICATION EFFORTS: No Communication Efforts Are Required. RECOMMENDATION: It Is Recommended That Approval Be Granted To Piggyback Off Florida Sheriff's Association Bid #09 -0908 Specification #84 For The Purchase Of One (1) 60KW Generator From Tradewinds Power Corp. For A Total Cost Of $ 35,857.00 Payable From Utility Line Code 3600 - 64000. There was no discussion on this Agenda Item. CONSENT 201. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: $0. There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor Conducting The Auction Has Also Been Provided On The Website. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 5 OF 16 RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. No discussion. CONSENT 202. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The February 22, 2010 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The February 22, 2010 City Commission Regular Meeting Minutes. This Agenda Item was not specifically discussed. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Office Of The Police Chief REQUEST: In Coordination With The Mayor And City Commission, The Following Awards Of Appreciation From The Winter Springs Police Department Are Presented To Mr. And Mrs. David And Lori Birchell; Ms. Cassandra King; And Ms. Barbara Ware. Chief of Police Kevin Brunelle presented the following Awards and Commendations from the Winter Springs Police Department: Winter Springs Police Department's Award of Appreciation for reporting a crime in progress where an apprehension of a suspect was made - presented to Ms. Barbara Ware. Winter Springs Police Department's Award of Appreciation for reporting a crime in progress where apprehension of multiple suspects was made - presented to Ms. Cassandra King. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 6 OF 16 Winter Springs Police Department's Award of Appreciation for supporting the Winter Springs Police Department - presented to Mr. and Mrs. David and Lori Birchell. AWARDS AND PRESENTATIONS 301. Office Of The City Manager REQUEST: Requesting The City Commission Hear A Presentation From The Oviedo - Winter Springs Regional Chamber Of Commerce. Ms. Cynthia Sucher, 908 Lingo Court, Oviedo, Florida.: as the President of the Oviedo - Winter Springs Regional Chamber of Commerce, Ms. Sucher addressed the City Commission on benefits and what is involved with a Chamber Trustee membership. Ms. Sucher also noted that fiscal documents were included with documents that had just been distributed to the City Commission during her presentation. Ms. Sucher mentioned that they have a new Accounting firm and remarked that this company has, "The ability to produce timely specific Reports." Additionally, Ms. Sucher commented, "We have a new Integrated Marketing Committee that is looking at branding - and again, when we brand the Oviedo - Winter Springs Regional Chamber of Commerce, that reflects back on the cities and we will certainly be coordinating that with Tracy (Crowe) and LDI (Land Design Innovations, Inc.)." Further discussion followed on reaching out to new members. Mr. Cory Skeates, 2570 Wild Tamarind Boulevard, Orlando, Florida: as the Director of the Oviedo - Winter Springs Regional Chamber of Commerce, Mr. Skeates commented on contacting new members. "MOTION TO REMOVE FROM THE TABLE." MOTION BY DEPUTY MAYOR BROWN. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER BONNER." DISCUSSION. MANAGER SMITH NOTED, "THERE WAS ALSO A RECOMMENDATION FROM STAFF TO INCLUDE THE TERMS OF THAT TRUSTEE MEMBERSHIP THROUGH A WRITTEN AGREEMENT THAT WAS PROVIDED PREVIOUSLY. I WOULD ASK IF THAT MOTION WOULD INCLUDE THE EXECUTION OF THAT AGREEMENT." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE RENEW OUR TRUSTEE MEMBERSHIP FOR 2010 IN THE OVIEDO -WINTER SPRINGS REGIONAL CHAMBER OF COMMERCE TO INCLUDE THE LANGUAGE PREVIOUSLY PROVIDED TO THE COMMISSION OUTLINING THE TERMS OF THAT AGREEMENT." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 7 OF 16 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese noted that he and the City Manager will be meeting with Seminole County on Thursday, March 11, 2010with regards to the (recently discussed) Annexation issue. Secondly, Attorney Garganese commented on a new Volunteer Policy that is currently being reviewed by Department Directors. After that review process has been completed, the new Volunteer Policy will then be brought to the City Commission for their consideration. Thirdly, Attorney Garganese spoke about the Bishop Code Enforcement Case and a possible inconsistency related to parking and the Business Tax Receipt Code. Attorney Garganese explained, "There was an inconsistency in the - local Business Tax Receipt provisions for that particular home occupation. It recited the old parking regulations and so when the Commission Approved the new parking regulations this year for commercial vehicles, that restriction in the local Business Tax Receipt was not updated to reflect the new Code. So that has been taken care of and I was told that was re- issued correctly. So that's now been rectified." Furthermore, Attorney Garganese noted that the other issues related to the Bishop's are going before the Code Enforcement Board for reconsideration; and Staff is working through other matters. Attorney Garganese then commented on a letter from Mr. Albert Ford, Esquire related to Red Light Camera Infractions and noted that "The City Manager and I have talked about it — we're inclined to provide Mr. Ford all the Public Records that he has requested while this issue works its way through the Legislature." Commissioner Bonner asked Attorney Garganese, "Does that mean in the interim, we will continue business as usual ?" Attorney Garganese responded, "Correct." Attorney Garganese added, "We are going to proceed and fill Mr. Ford's request. I will respond - on the City's behalf advising him that the Records will be forthcoming once they have been gathered in the reasonable course." Lastly, Attorney Garganese advised the City Commission about an Amicus Brief he was preparing on behalf of the International Municipal Lawyer's Association for the United States Supreme Court, related to an Adult Entertainment and First Amendment Case. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith commented on dealing with the Federal Emergency Management Agency (FEMA) and that this Agency had requested the City return one million seven hundred thousand dollars ($1,700,000.00). CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING — MARCH 8, 2010 PAGE 8 OF 16 Additionally, Manager Smith noted that the City is Appealing this request and "We will come back at the next Meeting with a little more information on this and some more details." Next, Manager Smith mentioned that as discussed at the last City Commission Meeting, Staff was going forward with some survey questions in the annual Solid Waste Survey related to 4 of July and reviewed recommended wording such as: "`Do you support the 4 of July celebration in the City of Winter Springs ?' Question number 2: `Do you support the utilization of tax payer dollars to fund this Event ?' Does that sound something reasonable to the Commission ?" Deputy Mayor Rick Brown stated, "Sounds good to me." Commissioner Sally McGinnis added, "That was the intent." Commissioner Joanne M. Krebs thought that a "Not to exceed" amount should be included. Manager Smith then said, "Sounds like a great idea. Is everyone okay with that - `Do you support the utilization of tax payer dollars not to exceed... "' Commissioner Krebs remarked, "...Exactly..." Manager Smith continued, "` ...Twenty -five thousand dollars ($25,000.00) for funding of this Event.' Be happy to." Further comments followed. Tape 1 /Side B Discussion ensued on a suggestion by Commissioner Bonner for additional questions to possibly also be added to the Solid Waste Survey; that more questions would cost additional funds; that Staff should work with the Police Department on traffic issues and consider their input. Manager Smith noted, "We will be bringing back those - questions to this Commission as soon as possible." Further comments followed on when this Survey would be sent out to residents, and when the Commission would receive the results. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat Four — The Honorable Sally McGinnis Commissioner McGinnis complimented Attorney Garganese on the Brief he will be writing. Secondly, Commissioner McGinnis commented on some breeds of dogs being considered dangerous and asked Attorney Garganese to keep abreast of this issue. Attorney Garganese remarked, "We're keeping an eye on that." REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs No Report. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 9 OF 16 REPORTS 405. Office Of The Mayor — The Honorable John F. Bush Mayor Bush announced that he and Manager Smith would be attending the City of Oviedo's Council Meeting next Monday, March 15, 2010 regarding possible partnership opportunities with the City of Oviedo. Next, Mayor Bush mentioned a meeting he had arranged with representatives from the University of Central Florida on possible opportunities related to getting Public Administration students Internships with the City of Winter Springs. Concluding, Mayor Bush commented on a set of three (3) Road Races to be sponsored by the Winter Springs Rotary, to possibly be held during the weekend of Halloween. REPORTS 406. Office Of Commissioner Seat One — The Honorable Jean Hovey Absent. REPORTS 407. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Brown mentioned that the next Joint Meeting with the City of Oviedo has not been scheduled yet; to which Mayor Bush said he would bring it up next Monday evening when he and Manager Smith attend Oviedo's City Council meeting. Furthermore, Manager Smith stated that he had already approached Oviedo's City Manager and added, "I will give him a call additionally." REPORTS 408. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner remarked about attending a Homeowner's Association meeting tomorrow evening, March 9, 2010 at the Wedgewood Tennis Villas with Manager Smith and Mr. Brian Fields, P.E., City Engineer, Public Works Department. Secondly, Commissioner Bonner offered another welcome to the City's new Finance and Administrative Services Department Director Mr. Boyle. Commissioner Bonner added, "I would also like to extend a very special thank you and appreciation to Kelly Balagia for - doing such a terrific job of wearing those many hats, including putting together a terrific Budget last year. So Kelly (Balagia), thank you for your service!" CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 10 OF 16 PUBLIC INPUT Ms. Janet Megow, 100 -17 Moree Loop, Winter Springs Florida: spoke on the Community Redevelopment Agency (CRA) proposal for the US Highway 17 -92 corridor and Shepard Road; the Highlands community; that there is a lack of lighting in this area; and that she hoped the City Commission would Approve the proposal on tonight's Agenda. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "600" WAS ADDRESSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. REGULAR AGENDA REGULAR 600. Community Development Department — Urban Beautification Services Division REQUEST: Requesting That The City Commission Consider Resolution 2010 -07, Authorizing The Submission Of A Request To The U.S. Highway 17 -92 Community Redevelopment Agency To Fund The Shepard Road Streetscape Project At An Estimated Cost Of $500,000.00. FISCAL IMPACT: If Approved, The Project Will Be Funded From The U.S. Hwy (Highway) 17 -92 Corridor Redevelopment Planning Agency Redevelopment Trust Fund, In The Estimated Amount Of $500,000.00 As Follows: Project Start 1/3 Of Project Cost Paid To The City 50% Completion 1/3 Of Project Cost Paid To The City Completion 1/3 Of Project Cost Paid To The City The City Will Be Required To Fund Design Costs In The Amount Of $10,896.00 Plus Reimbursable Expenses Of Up To $375.00 (See Attachment `A'), For The Background, Engineering And Concept Plans Submittal To The CRA (Community Redevelopment Agency). This Expense Would Be Funded Initially From The City's General Fund Reserves And Is Expected To Be Reimbursed By The CRA (Community Redevelopment Agency). As Part Of The Total Project Cost. The Estimated Total Of $500,000.00 Is Projected To Be The Maximum Cost Of The Project, However, The Actual Cost Is Unknown Until The Project Is Let For Public Bid And A Contract Awarded By The City Commission. COMMUNICATION EFFORTS: The Shepard Road Streetscape Project Has Been Shared With The Public Through Contact From City Staff With Stakeholder Groups That Will Be Directly Affected By Improvements Related To This Redevelopment Project. Staff Is Planning To Review Conceptual Designs With The Public And Seek Final Input Prior To Commencement Of The Project. Staff Has Sought Feedback Regarding This Project From Stakeholder Groups Including Dittmer Architectural Aluminum And With Representatives From The Highlands And Wildwood Subdivisions. All Have Received The Concept Well And Look Forward To The Economic Stimulus, Public Safety And Beautification Aspects That Will Come To The Subject Roadway Section As A Result Of This Project. Conceptual Plans Will Be Shared With Each Group For Input Prior To Finalization Of The Project. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 11 OF 16 RECOMMENDATION: Staff Recommends The City Commission Consider The Proposed Project For The Shepard Road Streetscape Project And Resolution 2010 -07, Allowing For Staff To Move Forward With The Conceptual Design Phase Of The Project And For Submittal To The CRA (Community Redevelopment Agency) For Funding Approval. The Initial Cost Of $10,896.00, Plus Reimbursable Expenses Of Up To $375.00, For The Background Work, Engineering And Concept Plans Submittal, Would Be Paid From The City's General Fund Reserves To Continuing Landscape And Architectural Services Vendor Bellomo- Herbert & Company (RFQ (Request For Quote) # 011 /09/KL). It Is Anticipated That Reimbursement Of This Expense In Full Will Be Part Of The Total Project Cost And Provided To The City At Project Start. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and explained, "This effort does dovetail in with part of our Strategic Plan in terms of its impact on Economic Development. Manager Smith thanked Mr. Metsopoulos for his assistance with getting this project activated as a result of Winter Springs' contributions to the Community Redevelopment Agency (CRA). Mr. John G. Metsopoulos, US Highway 17 -92 CRA Program Manager, Seminole County, 1101 East First Street, Sanford, Florida: commented briefly on funding. Mr. Steve Richart, Urban Beautification Services Division Manager, Community Development Department showed photographs of similar projects to the City Commission. Discussion followed on the aspects of the Shepard Road project; sidewalks; street lighting; signage; stormwater; and landscaping. Regarding the approval of this proposed project, Mayor Bush asked Mr. Richart, "The General Fund will be reimbursed ?" Mr. Richart responded, "Yes, that's what we are expecting." Further discussion ensued on moving forward with this project and possible involvement by the City of Longwood. Commissioner McGinnis asked if Diane's Park and a skate park could also be considered as part of this project. Mr. Richart explained, "It could be if the Commission decided to go that direction; or it could be a project for later." Mr. Metsopoulos stated, "We like to see the projects be somewhat more defined in their scope, like Shepard Road is a streetscape project." Mr. Metsopoulos pointed out that "If the RPA (Redevelopment Planning Agency) members don't like Diane's Park but love the Shepard Road, you then jeopardize both projects." Commissioner McGinnis asked if there was an estimate to do Diane's Park? Mr. Richart said, "No." Commissioner McGinnis suggested this be considered in the future. Next, Commissioner Bonner asked Mr. Metsopoulos, "Would you say - this upgrade to the streetscape is going to aid our ability to attract business or commercial enterprise to come into that bit of corridor we have there, to do some development and some growth and some expansion ?" Mr. Metsopoulos said, "Absolutely." With further comments, Commissioner Bonner asked to see the "Taxable value of the undeveloped land in that area, were it to be realized to its potential." Mr. Metsopoulos mentioned, "The CRA (Community Redevelopment Agency) will also fund for two (2) years, the maintenance upkeep of your mediums, so you won't have that impact initially." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 12 OF 16 "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - PART I PUBLIC HEARINGS 500. Community Development Department And Office Of The City Attorney REQUEST: Request That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -04, Amending The City's Tree Code To Address Energy Devices Based On Renewable Resources. FISCAL IMPACT: Given Section 163.04, Florida Statutes, The Draft Ordinance May Have A Negative Impact On Future Tree Bank Contributions. COMMUNICATION EFFORTS: Jan. (January) 24, 2010 - Public Noticing In The Orlando Sentinel Of Local Planning Agency Public Hearing P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Agenda Item Posted In City Hall And On The City's Website Feb. (February) 3, 2010 - Public Hearing Before The Planning & Zoning Board/Local Planning Agency Feb. (February) 22, 2010 - 1 Reading & Public Hearing Before The City Commission Feb. (February) 25, 2010 - Public Noticing In The Orlando Sentinel 10 Days Before Adoption Public Hearing Mar. (March) 8, 2010 - 2 Reading /Adoption Public Hearing Before The City Commission Commission Agenda Item Are Posted At City Hall And Posted On City's Website RECOMMENDATION: P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010 -04 And After Much Discussion, Voted Unanimously (5 -0) To Recommend Adoption Of The Draft Ordinance With The Language Amended, Removing The Term "Clothesline ". Staff Recommendation - The Community Development Department And City Attorney Recommend That The City Commission Hold A Public Hearing For Second Reading Of The Ordinance, Consider The Recommendation Of The Planning & Zoning Board, And Make Any Changes To The Draft Ordinance Deemed Appropriate Before Adopting The Ordinance. Attorney Garganese read Ordinance 2010 -04 by "Title" only. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 13 OF 16 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE SECOND READING (ORDINANCE 2010 -04)." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -02, Amending Section 20 -211. Front, Rear And Side Yard Regulations Of The City Code Regarding Zero Lot Line Properties In The R -3 Zoning District. FISCAL IMPACT: Improvements That Are Installed On Existing Residential Properties Typically Result In An Increase To The Taxable Value Of The Property And Of The Neighborhood. In This Case, The Value Lies Primarily In The Property Owner Upgrading Investment. COMMUNICATION EFFORTS: Jan. (January) 24, 2010 - Public Noticing In The Orlando Sentinel Of P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Public Hearing P &Z/Lpa Agenda Item Posted On City's Website Feb. (February) 3, 2010 - Public Hearing Before The P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Feb. (February) 22, 2010 - 1 Reading & Public Hearing Before The City Commission Feb. (February) 25, 2010 - Public Noticing In The Orlando Sentinel 10 Days Before Adoption Public Hearing Mar. (March 8, 2010 - 2 Reading/Adoption Public Hearing Before The City Commission Commission Agenda Item Posted On City's Website RECOMMENDATION: P &Z/LPA Planning And Zoning Board/Local Planning Agency Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010 -02 And Voted Unanimously (5 -0) To Recommend Adoption To The City Commission. Staff Recommendation - Staff Recommends That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -02, Amending Section 20 -211. Front, Rear And Side Yard Regulations Of The City Code Regarding Zero Lot Line Properties In The R -3 Zoning District. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 14 OF 16 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE `501" (SECOND READING AND APPROVAL OF ORDINANCE 2010 -02). MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - PART II PUBLIC HEARINGS 502. Community Development Department — Planning Division REQUEST: Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -01, Which Changes The Zoning Designation For The State Road 419 Frontage Within The Deersong Subdivision Between Moss Road And Sherry Ave. (Avenue), Equaling 3.5 Acres More Or Less From "C -1 (Neighborhood Commercial)" To (Winter Springs) "R -3 (Multiple Family Dwelling Zoning District) ". FISCAL IMPACT: These Area Was Developed As Zero Lot Line As Single Family Residential Units In The 1990's And Current Property Taxes Reflect That Use. Therefore, The Zoning Change Is Expected To Result In NO Fiscal Impact To The City. COMMUNICATION EFFORTS: Jan. (January) 15, 2010 - Letters Sent To Property Owners Noticing P &Z (Planning And Zoning Board/Local Planning Agency) Public Hearing. Jan. (January) 15, 2010 - Letters Sent To Property Owners Within 150' Of The Subject Property. Jan. (January) 22, 2010 - Letters Sent To Property Owners Noticing ALL Public Hearings. Jan. (January) 18, 2010 - Signage Placed On Subject Property Under Consideration For Rezoning Jan. (January) 24, 2010 - Public Noticing In The Orlando Sentinel Of P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Public Hearing P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Agenda Item Posted On City's Website Feb. (February) 3, 2010 - Public Hearing Before The P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Feb. (February) 22, 2010 - 1 Reading & Public Hearing Before The City Commission Mar. (March) 8, 2010 - 2" Reading /Adoption Public Hearing Before The City Commission Commission Agenda Item Posted In City Hall And Posted On City's Website CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 2010 PAGE 15 OF 16 RECOMMENDATION: P &Z/LPA (Planning And Zoning Board/Local Planning Agency Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010 -01 And Voted Unanimously (5 -0) To Recommend Adoption To The City Commission. Staff Recommendation - Staff Recommends That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -01, Which Changes The Zoning Designation For The State Road 419 Frontage Within The Deersong Subdivision Between Moss Road And Sherry Ave. (Avenue), Equaling 3.5 Acres More Or Less From "C -1 (Neighborhood Commercial)" To (Winter Springs) "R -3 (Multiple Family Dwelling Zoning District) ". Attorney Garganese read Ordinance 2010 -01 by "Title" only and stated, "This is an Administrative Re- Zoning Ordinance and your package does include a written notice that was sent to affected Property Owners who will have their property administratively Re -Zoned if passed." Mayor Bush opened the "Public Input " portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2010 -01)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. •:••:* AGENDA NOTE: THE FOLLOWING ADDITIONAL "REPORT" WAS DISCUSSED NEXT, AS DOCUMENTED. ❖ • REPORTS REPORTS 405. Office Of The Mayor — The Honorable John F. Bush Mayor Bush mentioned a street light that is continually on across from his residence. Manager Smith said to Mayor Bush, "We will contact Progress Energy." Deputy Mayor Brown mentioned there was a light near his home that has not been on for a few months. Mayor Bush added, "Check on his too." In other City business, Manager Smith remarked, "At Commissioner Krebs' direction and the Commission's request, we have now posted all the Posted Public Hearings, the signs that you see about these type of Re- Zonings, on our Website." Further brief comments. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING — MARCH 8, 2010 PAGE 16 OF 16 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 6:44 p.m. RESPECTFULLY SUBMITTED: At • rfi A LORENZO - LUACES, MMC CI Y CLERK APPROVED: YOR JOHN F. BUSH NOTE: These Minutes were approved at the March 22, 2010 City Commission Regular Meeting.