Loading...
HomeMy WebLinkAbout2010 04 12 Consent 206 Requesting Approval of the City Commission March 22, 2010 Regular Meeting Minutes CITY OF WINTER SPRINGS FLORIDA ,.. oto ir .„ 71 S u Incorporated 4 1959 P*. • 0 MV CITY COMMISSION MINUTES REGULAR MEETING MONDAY, MARCH 22, 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 22, 2010 PAGE 2 OF 16 CALL TO ORDER The Regular Meeting of Monday, March 22, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present f : 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 asked that the Mayor and City Commission receive a brief update on 2n Annual Charity Flag Football Game to benefit Kids House of Seminole. Chief of Police Kevin Brunelle advised the Mayor and City Commission that the City of Winter Springs' Police Department won the 2n Annual Charity Flag Football Game against the City of Oviedo. 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. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 3 OF 16 CONSENT AGENDA CONSENT 200. Police Department REQUEST: Requests The City Commission To Review And Approve The Attached Department Of Highway Safety And Motor Vehicles (DHSMV) Data Exchange Memorandum Of Understanding (MOU) #HSMV 0649 -09 And Allow The City Manager To Execute This Agreement On Behalf Of The City. FISCAL IMPACT: None. COMMUNICATION EFFORTS: None Required. RECOMMENDATION: The City Commission Is Being Requested To Review The MOU (Memorandum Of Understanding) And Approve The City Manager To Execute The Agreement On Behalf Of The City. This Agenda Item was not discussed. DEMTi E CONSENT =. 201. Police Department �a REQUEST: Requesting The City Commission Adopt Resolution 2010 -09 Ratifying Various Local Law Enforcement Agreements Previously Executed And Currently In Effect ` =v FISCAL IMPACT: No Current General Fund Monies Are Required For The Adoption Of Resolution 2010 -09. COMMUNICATION EFFORTS: None Required. RECOMMENDATION: Staff Recommends The City Commission Approve Resolution 2010 -09 Ratifying The Above - Listed Agreements. No discussion. CONSENT 202. Police Department REQUEST: Requests The City Commission To Review And Approve The Attached Forfeiture Equitable Sharing Agreement And The Attached Addendum To That Agreement And Allow The City Manager To Execute These Agreements On Behalf Of The City. FISCAL IMPACT: None. COMMUNICATION EFFORTS: None Required. RECOMMENDATION: The Police Department Requests The City Commission To Review And Approve The Attached Forfeiture Equitable Sharing Agreement And The Attached Addendum To That Agreement And Allow The City Manager To Execute These Agreements On Behalf Of The City. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 4 OF 16 CONSENT 203. Police Department REQUEST: Requests The City Commission Review The Attached Interlocal Agreement For The Family Focus Monitoring Enforcement Action Plan And Authorize The City Manager Execute And Enter The City Into Said Agreement. FISCAL IMPACT: To Approve This New Agreement And Continue Our Participation In This Program Has No Financial Impact To The Budget. COMMUNICATION EFFORTS: None Required. RECOMMENDATION: The City Commission Is Being Requested To Review The Interlocal Agreement And Approve The City Manager To Execute The Agreement On Behalf Of The City. There was no discussion on this Agenda Item. z 4-41 CONSENT " ' x 204. Parks And Recreation Department - =k REQUEST: Requesting The City Commission To Approve The Execution Of The Day Camp Provider Agreement With Seminole County Community Services For Summer Camp Scholarships. FISCAL IMPACT: $64,616.00 Was Budgeted For Summer Day Camp Revenue. Up To $23,490.00 May Come From Seminole County Funded Scholarships. COMMUNICATION EFFORTS: Parks And Recreation Will Promote The Scholarship Program Through Direct e-Mail And Mailing To Prior Year Participants. Also Through eAlerts, City Website And All Promotion Of The Summer Day Camp Program. RECOMMENDATION: Staff Recommends That The City Commission Approve The Execution Of The Day Camp Provider Agreement Which May Provide Up To $23,490.00 For Summer Day Camp Scholarships And To Authorize The City Manager/Mayor And City Attorney To Prepare And Execute Any And All Applicable Documents. With discussion, Commissioner Sally McGinnis asked if there were additional scholarship funds should there be more than twenty -nine (29) families? Mr. Chuck Pula, Director, Parks and Recreation Department explained, "This particular Program is restricted to the twenty -nine (29), however, we do have additional scholarship money in that Budget, and also the Senior Center helps us." CONSENT 205. Office Of The City Clerk REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number 2010 -08 Offering Their Appreciation And Gratitude For The Service Of Mr. Justin Reviczky Who Recently Resigned From The Planning And Zoning Board/Local Planning Agency. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -08 Is Approved. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 5 OF 16 COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been Provided 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 Clerk Is Requesting That The City Commission Review And Approve Resolution Number 2010 -08. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr. Reviczky Regarding An Official Presentation By The Mayor And City Commission. No discussion. CONSENT et*.m.,5x. . 206. Community Development Department — Urban Beautification Services Division off REQUEST: Requesting Approval For The City To Enter Into Contract Agreements Totaling $41,591.92 po For Landscape Maintenance Services Pursuant To Public Bid ITB 004 /10 /SR For Tuskawilla Road, The , Oak Forest Wall And Beautification District, And Winter Springs Town Center Phase 1. ; FISCAL IMPACT: The Scope Of Work For Bid # ITB 004 /10 /SR Encompasses Three (3) Funding , z-) Sources: Urban Beautification Line Code (1525 - 54682) At $24,316.92, The Oak Forest Maintenance Fund Line Code (191 - 54682) At $11,579.00, And Urban Beautification Line Code (1525 - 54644- 60003) At $5,696.00, For A Total Of $41,591.92. The Above Cost Represents A Savings Of More Than $17,000.00 Over The Current Cost For The Same Services. All Funds Will Be Expended Over A Twelve -Month Contract Period Beginning On May 1, 2010. COMMUNICATION EFFORTS: Bid # ITB 004 /10 /SR Tuskawilla Road ROW, The Oak Forest Entrances, And Town Center Phase 1 Was Broadcast To More Than 300 Bidders Throughout Central Florida Through Advertisements In The Orlando Sentinel, Demand Star And The City's Website Bid System. Twenty (20) Bid Proposals Were Submitted To The City For The Public Bid Opening On March 4, 2010 At 3 pm, Which Was Held In The City Commission Chambers At City Hall. RECOMMENDATION: Staff Recommends The City Commission Review The Information Provided And Determine If Approval Should Be Given To Contract With D &A Building Services, Inc., For Landscape And Irrigation Services At A Cost Of $34,440.00, And Trugreen, L.P., For Chemical Services At A Cost Of $7151.92; Totaling $41,591.92 For One (1) Year. If Approval Is Granted Staff Recommends The Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Required For This Project. This Agenda Item was not discussed. CONSENT 207. Finance And Administrative Services Department REQUEST: Requesting The City Commissions Approval Of Resolution Number 2010 -10 Recognizing The Retirement Of Finance Department- Purchasing Coordinator Nancy Vobornik. FISCAL IMPACT: N/A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 6 OF 16 COMMUNICATION EFFORTS: N/A RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2010 -10 In Honor Of Finance Department Nancy Vobornik Retirement. There was no discussion on this Agenda Item. CONSENT 208. Office Of The Mayor REQUEST: Requests That The City Commission Review And Approve Resolution 2010 -11 Which If Approved, Would Offer Our Support For The City Of Oviedo's State Road 426 /County Road 419 4 -Lane Widening Project. FISCAL IMPACT: Approving Resolution Number 2010 -11 Does Not Have Any Fiscal Impact To The City Of Winter Springs. COMMUNICATION EFFORTS: The City Of Oviedo Is Aware That Mayor Bush Is Bringing This Resolution To The Winter Springs City Commission For Their Consideration. Additionally, Copies Or Access To This Agenda Item And Resolution Have Been Given 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. " - :, S ,1 RECOMMENDATION: Mayor John F. Bush Is Asking The City Commission To Approve Resolution ," Number 2010 -11. No discussion. tiZIV CONSENT 209. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The March 8, 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 March 8, 2010 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY DEPUTY MAYOR BROWN. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 7 OF 16 CITY CLERK ANDREA LORENZO - LUACES NOTED THAT CITY ATTORNEY ANTHONY A. GARGANESE ASKED THAT HIS COMMENTS ON THE AMICUS BRIEF BE EXPANDED SLIGHTLY AND ASKED IF A MODIFICATION COULD BE MADE TO THE MINUTES UNDER THE CONSENT AGENDA? COMMISSIONER McGINNIS, MAYOR BUSH, AND DEPUTY MAYOR BROWN STATED, "SURE." NO OBJECTIONS WERE VOICED. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS Ms. Mary Alice Wilder of the Krewe of Leaders, Inc. presented Mayor Bush on behalf of the City, a signed postei from the recent Mardi Gras Event. AWARDS AND PRESENTATIONS 300. Office Of The City Manager Presentation Of Resolution Number 2010 -10 Recognizing Nancy Vobornik For Her 24 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush presented Resolution Number 2010 -10 to Nancy Vobornik recognizing her retirement. AWARDS AND PRESENTATIONS 301. Office Of The Mayor Presentation Of A Proclamation Recognizing April 4 2010 As "Parents And Children's Day "; And April 11, 2010 To April 17, 2010 As Children's Week - "Celebrating Parents And Children" In The City Of Winter Springs As Requested By Ms. Jennifer Grant, Executive Director Of The Early Learning Coalition Of Seminole. Mayor Bush presented a Proclamation recognizing "Parents and Children's Day" and "Children's Week ". AWARDS AND PRESENTATIONS 302. Office Of The Mayor Presentation Of A Proclamation Recognizing May 1 2010 As "Loyalty Day" In The City Of Winter Springs As Requested By Mr. Bill Poe, Representing Pack/Troop 196 And VFW Post 5405, Winter Springs. Mayor Bush presented a Proclamation to Mr. Bill Poe on behalf of Pack/Troop 196 and VFW Post 5405, Winter Springs, in honor of "Loyalty Day ". CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 8 OF 16 REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Attorney Garganese commented that the City Manager and he had met with the Seminole County Manager and Attorney related to the Annexation of Enclaves and that he had provided information from that meeting to the Mayor and City Commission. Secondly, Attorney Garganese commented on the Appointments to the Districting Commission which were made in November and December 2009 and noted, "I am recommending that we adopt a Resolution which formally identifies the seven (7) individuals that have been Appointed to the Districting Commission as well as establishing a deadline for the Commission's Report." r ry Attorney Garganese added, "If the Commission would allow me to present this Resolution to you for approval R`' Y g � P Y PP tonight it would be very helpful from an administrative standpoint."1 Copies of the proposed Resolution (2010 -12) were distributed to the City Commission and then Attorney Garganese read the Resolution (2009 -12) to those in attendance. LfizA "MOTION TO APPROVE" (RESOLUTION 2010 -12). MOTION BY DEPUTY MAYOR BROWN. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs No Report. 1 � CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 9 OF 16 REPORTS 404. Office Of The Mayor — The Honorable John F. Bush Mayor Bush mentioned he will be in Tallahassee this week for Florida League of Cities Meetings and is hoping to meet with some of our Legislators while in Tallahassee. Mayor Bush then asked Attorney Garganese to email him the State Law related to how the One Cent Sales Tax monies are distributed. Attorney Garganese said, "I will do that." Mayor Bush then commented about attending last week's Winter Springs Ad Hoc Charter Review Committee Meeting and noted that many changes to the section of the Charter related to the City Manager were recommended by the Winter Springs Ad Hoc Charter Review Committee. Mayor Bush suggested that the City Commission re- review this information when it comes back from the Winter Springs Ad Hoc Charter Review Committee, as this is a very important part of the Charter. Also of interest and being considered by the Winter Springs Ad Hoc Charter Review Committee were the sections related to Elections and Districts. Much discussion. The Winter Springs Ad Hoc Charter Review Committee Members were complimented for their dedication and 1 ,' efforts. Mayor Bush also said he had attended a Mayors and Managers meeting and an Envision Seminole meeting, and t noted that the One Cent Sales Tax issue was discussed at both meetings. Further brief comments. REPORTS 405. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey remarked that she had recently been in Washington D.C. and noted that the City of Oviedo City Council and City Manager were also there at the same time. Secondly, Commissioner Hovey thanked Mr. Pula and Mr. Smith for their assistance with some parking for a PTA (Parent- Teachers Association) event. REPORTS 406. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Rick Brown mentioned he had been interviewed by the Orlando Business Journal on the Winter Springs Town Center and the article would be in Friday's issue. REPORTS 407. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Gary Bonner commented on a recent Homeowner's Association Meeting he attended at the Wedgewood Villas and thanked Manager Smith and Mr. Brian Fields, P.E., City Engineer, Public Works Department for also attending, and for their assistance. Commissioner Bonner added, "Again, my Compliments to Manager Smith as well as Engineer Fields." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 10 OF 16 Lastly, Commissioner Bonner mentioned the electronic version of the "Winter Springs Insider" going out and stated, "Well done ". Commissioner Bonner further commented on the articles about new Advisory Committees and added, "It is a good idea to look at that transportation service within our community, so I thank the Planning Staff for taking that initiative, as well as for you Manager Smith." REPORTS 408. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis commented on this weekend's Dog Park Grand Opening and noted the efforts that went into making this happen. Discussion. Next, Commissioner McGinnis asked about a Volunteer Appreciation Event and City Clerk Lorenzo - Luaces stated, "It will be on the April 12 (2010) Agenda." Further comments followed on the Dog Park Grand Opening, and who would be able to attend. Commissioner k Joanne M. Krebs said to Mr. Bob Rucci, "Congratulations for all the hard work that you and so many others have done, so that now we finally get a Dog Park." t T Deputy Mayor Brown noted, "Over the past couple of weeks, I have had comments from two (2) citizens and from the General Manager of the Tuscawilla Country Club praising Brian Fields on the interaction he has had with them and how he has resolved their issues and Brian (Fields) we really appreciate you out there! Thank you very much!" Commissioner Krebs agreed. Commissioner McGinnis added, "Every group he interacts with, every community..." Deputy Mayor Brown said, "...They love him..." Commissioner McGinnis continued, "...They react the same way. So we are blessed." ❖ ❖ AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. ❖ • PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Presents To The City Commission An Aesthetic Review Request For An Approximately 27,931 Square Foot (0.641 Acre) Amphitheater Site Within The Town Center Zoning District. FISCAL IMPACT: The Amphitheater Is Expected To Stimulate Business And The Associated Property And Sales Taxes Within The Town Center. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: STAFF RECOMMENDATION: Staff Recommends That The City Commission Approve The Aesthetic Review Plans. Mr. John Baker, AICP, Senior Planner, Community Development Department began the discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 22, 2010 PAGE 11 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. Commissioner McGinnis asked about the proposed translucent roof and related maintenance issues. Mr. Bill Starmer, Starmer Ranaldi Planning and Architecture, Inc., 820 West Broadway Street, Suite 3000, Oviedo, Florida: addressed the City Commission on the proposed roof and added, "You are going to want to pressure wash it periodically." Discussion followed on acoustics; speakers; and restroom facilities. Tape 1 /Side B ~" Further comments followed on seating, and maintenance issues related to possible graffiti. Regarding benches or seats, Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department suggested, "If it ' is a concern of the Commission, the best way would be an add - alternate where we bid it one way whether it be the ='i benches and then the alternate would be the seats. Then you have the two (2) options before you, for any issue - whether it be the seating or lighting, anything." Commissioner Krebs added, "Also, we need to know the maintenance costs." Because I think the recurring costs are more important at this point." Furthermore, Commissioner Krebs explained, "I don't think anybody up here wants to put a product out like that and then not be able to afford to upkeep it; and that is what I am concerned about." Commissioner Bonner noted that he would be looking forward to further information on maintenance and related issues. Mayor Bush mentioned that he thought that wood benches might be a better seating option. Graffiti issues and related products were discussed next. "MOTION TO APPROVE - KIP (LOCKCUFF) TO COME BACK WITH SOME OPTIONS FOR US TO DISCUSS - TO APPROVE THE GENERAL OVERALL PLAN." MOTION BY COMMISSIONER McGINNIS. FURTHER, COMMISSIONER McGINNIS ADDED, "APPROVE THE AESTHETIC REVIEW - AND WE UNDERSTAND THAT YOU WILL COME BACK WITH MORE INFORMATION ON SEATING." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 12 OF 16 ❖ ❖ AGENDA NOTE: PUBLIC INPUT WAS HEARD NEXT, FOLLOWED BY THE REGULAR AGENDA, AS DOCUMENTED. ❖ ❖ PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: commented on the Dog Park Grand Opening and noted, "Chuck (Pula) and Kevin (Smith) have done an outstanding job over there." Discussion followed on a Dog Contest and Mr. Rucci added that a magazine called "Pet Planet" was going to do a feature article on the Dog Park. Mr. Tony Savanstano, Papa Tony's, 541 East State Road 434, Winter Springs, Florida: commented on his business and issues with u -turns and traffic. Further discussion. REGULAR AGENDA REGULAR 600. Public Works Department REQUEST: Requesting The City Commission Review The Final Engineering And Landscape Plans For The Proposed Magnolia Park Amphitheater Located At The Intersection Of Tuskawilla Road And Blumberg Boulevard In The Winter Springs Town Center. FISCAL IMPACT: No Funding Is Requested With This Agenda Item. After The Trail Swap Progresses, The Project Will Be Advertised For Bidding And A Future Agenda Item Will Be Submitted For The City Commission's Approval To Award The Construction Contract. COMMUNICATION EFFORTS: No Extra Communication Efforts Are Necessary At This Time. RECOMMENDATION: Staff Recommends The City Commission Approve The Final Engineering And Landscape Plans For The Proposed Magnolia Park Amphitheater. Mr. Fields commented on this project. Discussion ensued on the Trail swap; outstanding issues; and delays in the project. "MOTION TO APPROVE." MAYOR BUSH NOTED, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 13 OF 16 REGULAR 601. Office Of The City Manager REQUEST: Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR) As Presented For The Fiscal Year Ended September 30, 2009. FISCAL IMPACT: None. COMMUNICATION EFFORTS: The 2009 CAFR (Comprehensive Annual Financial Report) Will Be Posted To The Website Within A Week Of Acceptance. RECOMMENDATION: It Is Recommended That The Commission Accept The Comprehensive Annual Financial Report (CAFR) As Presented For The Fiscal Year Ended September 30, 2009. Manager Smith briefly introduced this Agenda Item. Ms. Kelly Leary, McDirmit, Partner, Davis and Company, LLC, 605 East Robinson Street, Suite 635, Orlando, Florida: addressed the City Commission with a brief overview of the CAFR (Comprehensive Annual Financial Report). "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: ;r.. COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE ti DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 602. Public Works Department REQUEST: Requesting The City Commission's Review And Approval Of The Final Design For The Ranchlands Roadway Improvements — Phase H. FISCAL IMPACT: No Funding Is Requested At This Time. A Funding Request Will Be Made With The Request To Award The Construction Contract For Phase II, Currently Scheduled For May 2010. Phase II Is Estimated To Cost $1.0 Million, Based On The Phase I Bids Received. COMMUNICATION EFFORTS: • All Property Owners Abutting The Phase H Streets (Approximately 120) Were Mailed "Request For Input" Notices In October 2009. The "Request For Input" Notices Included A Preliminary Design Sketch Of Each Property's Street Frontage And A Request To Schedule An Onsite Appointment With City Staff To Meet And Discuss Items Such As The Pavement Width, Driveway Connections, Drainage Concerns, Tree Impacts, Pedestrian Accommodations, And Any Other Issues. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 14 OF 16 • Approximately 60% Of The Abutting Property Owners Contacted The City And Participated In Individual Onsite Design Review Meetings. The Onsite Meetings Were Highly Productive And They Provided Valuable Resident Input That Has Been Incorporated Into The Design. The Onsite Meetings Also Helped The Residents Better Understand The Project And Enabled Them To Ask Site - Specific Questions That Would Be Difficult To Address In An Offsite Group - Meeting Format. • When The Phase II Design Was Finalized In January 2010, All Phase H Abutting Property Owners Mailed An Informational Notice Consisting Of The Following Items: r , o Project Status Update o Final Drawing For Their Street Frontage r ' o Request For Final Review And Input o Frequently Asked Questions o Notice Of City Commission Approval Scheduled For March 22, 2010 h' PP � • Residents Will Continue To Be Advised Of The Project Status Prior To And During Construction, n Lkerr Through Mailings, City Website Updates, And Direct Communication With City Staff At The Field Level. RECOMMENDATION: Staff Recommends The City Commission Approve The Final Design For The Ranchlands Roadway Improvements — Phase H. Mr. Fields commented on this Agenda Item. Discussion. "MOTION TO APPROVE THE FINAL DESIGN FOR THE RANCHLANDS ROADWAY IMPROVEMENTS - PHASE II." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 603. Utility Department REQUEST: Requesting The City Commission Approve The Bulk Reclaimed Water Agreement With Tuscawilla Country Club. FISCAL IMPACT: The Proposed Initial Cost Of The Reclaimed Water At $0.18/1K Is Estimated To Cost The Golf Course $14,900.00 Annually Based The Last Three Years Average Usage Including The Well Credit. COMMUNICATION EFFORTS: Staff And The City Attorney Have Met Or Discussed The Terms Of The Agreement With The Golf Course Representatives On Numerous Occasions. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 22, 2010 PAGE 15 OF 16 RECOMMENDATION: It Is Recommended That The City Commission Authorize The City Manager And City Attorney To Prepare And Execute The Bulk Reclaimed Water Agreement With Winter Springs Golf, LLC (Tuscawilla Country Club) Fourth Addendum To The Effluent Disposal Agreement Which Extends The Terms Of The First Addendum For An Additional Six Months To April 1, 2010. Mr. Lockcuff began the discussion on this Agenda Item and explained that on the Agenda Item, under the "RECOMMENDATIONS: ", everything after `(Tuscawilla Country Club)' should be deleted." Discussion followed on costs; phasing; that the City gave Tuscawilla Country Club the Cell Tower; and well options. "MOTION TO APPROVE - RECLAIMED WATER AGREEMENT." MOTION BY COMMISSIONER MCGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE s MOTION CARRIED. ti REGULAR 604. Public Works Department REQUEST: Updating And Requesting The City Commission's Direction Regarding Options For Improving Access From S.R. (State Road) 434 To Sunoco And Papa Tony's. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. COMMUNICATION EFFORTS: Staff Discussed The Access Issue With Papa Tony, Mr. Vijay Patel From Sunoco, And Mrs. Cynthia Miller From Miller's School Supply In Preparation Of This Agenda Item. RECOMMENDATION: Staff Recommends That The Commission Review The Information Provided Herein And Provide Additional Direction As Needed. Mr. Fields introduced this Agenda Item for discussion. Brief comments related to parking spaces and the retention ponds filling up were addressed next. Tape 2 /Side A Discussion followed on Papa Tony's being a destination restaurant; access issues to /from Papa Tony's restaurant; funding; concerns about children running across the street; medians; suicide lanes; businesses experiencing downturn; and being fair to all businesses. Commissioner Krebs thanked Mr. Fields for all of the information he provided and asked if there was specific data from Papa Tony's? CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 22, 2010 PAGE 16 OF 16 Mr. Savanstano commented on business being down; problems with ingress and egress to his business; and other neighborhood restaurants. Discussion followed on the economy; access to area restaurants; and the proposed Hayes Road Plaza. Chief Brunelle spoke on safety and traffic issues related to access to Papa Tony's restaurant. Commissioner Bonner commented on the left hand turn and the existing median landscaping. Commissioner Bonner asked if we had the authority to trim it and Mr. Fields responded that we do have the authority and we would trim it back. Further discussion ensued on traffic issues; Options; funding; other projects; ownership of the Papa Tony's property; and cross access. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE `Option 3'." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: NAY COMMISSIONER HOVEY: AYE . :: MOTION CARRIED. c gs,: ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:27 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 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, MARCH 22, 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 22, 2010 PAGE 2 OF 16 CALL TO ORDER The Regular Meeting of Monday, March 22, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present 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 asked that the Mayor and City Commission receive a brief update on 2n Annual Charity Flag Football Game to benefit Kids House of Seminole. Chief of Police Kevin Brunelle advised the Mayor and City Commission that the City of Winter Springs' Police Department won the 2n Annual Charity Flag Football Game against the City of Oviedo. 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. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 3 OF 16 CONSENT AGENDA CONSENT 200. Police Department REQUEST: Requests The City Commission To Review And Approve The Attached Department Of Highway Safety And Motor Vehicles (DHSMV) Data Exchange Memorandum Of Understanding (MOU) #HSMV 0649 -09 And Allow The City Manager To Execute This Agreement On Behalf Of The City. FISCAL IMPACT: None. COMMUNICATION EFFORTS: None Required. RECOMMENDATION: The City Commission Is Being Requested To Review The MOU (Memorandum Of Understanding) And Approve The City Manager To Execute The Agreement On Behalf Of The City. This Agenda Item was not discussed. CONSENT 201. Police Department REQUEST: Requesting The City Commission Adopt Resolution 2010 -09 Ratifying Various Local Law Enforcement Agreements Previously Executed And Currently In Effect. FISCAL IMPACT: No Current General Fund Monies Are Required For The Adoption Of Resolution 2010 -09. COMMUNICATION EFFORTS: None Required. RECOMMENDATION: Staff Recommends The City Commission Approve Resolution 2010 -09 Ratifying The Above - Listed Agreements. No discussion. CONSENT 202. Police Department REQUEST: Requests The City Commission To Review And Approve The Attached Forfeiture Equitable Sharing Agreement And The Attached Addendum To That Agreement And Allow The City Manager To Execute These Agreements On Behalf Of The City. FISCAL IMPACT: None. COMMUNICATION EFFORTS: None Required. RECOMMENDATION: The Police Department Requests The City Commission To Review And Approve The Attached Forfeiture Equitable Sharing Agreement And The Attached Addendum To That Agreement And Allow The City Manager To Execute These Agreements On Behalf Of The City. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 4 OF 16 CONSENT 203. Police Department REQUEST: Requests The City Commission Review The Attached Interlocal Agreement For The Family Focus Monitoring Enforcement Action Plan And Authorize The City Manager Execute And Enter The City Into Said Agreement. FISCAL IMPACT: To Approve This New Agreement And Continue Our Participation In This Program Has No Financial Impact To The Budget. COMMUNICATION EFFORTS: None Required. RECOMMENDATION: The City Commission Is Being Requested To Review The Interlocal Agreement And Approve The City Manager To Execute The Agreement On Behalf Of The City. There was no discussion on this Agenda Item. CONSENT 204. Parks And Recreation Department REQUEST: Requesting The City Commission To Approve The Execution Of The Day Camp Provider Agreement With Seminole County Community Services For Summer Camp Scholarships. FISCAL IMPACT: $64,616.00 Was Budgeted For Summer Day Camp Revenue. Up To $23,490.00 May Come From Seminole County Funded Scholarships. COMMUNICATION EFFORTS: Parks And Recreation Will Promote The Scholarship Program Through Direct e-Mail And Mailing To Prior Year Participants. Also Through eAlerts, City Website And All Promotion Of The Summer Day Camp Program. RECOMMENDATION: Staff Recommends That The City Commission Approve The Execution Of The Day Camp Provider Agreement Which May Provide Up To $23,490.00 For Summer Day Camp Scholarships And To Authorize The City Manager/Mayor And City Attorney To Prepare And Execute Any And All Applicable Documents. With discussion, Commissioner Sally McGinnis asked if there were additional scholarship funds should there be more than twenty -nine (29) families? Mr. Chuck Pula, Director, Parks and Recreation Department explained, "This particular Program is restricted to the twenty -nine (29), however, we do have additional scholarship money in that Budget, and also the Senior Center helps us." CONSENT 205. Office Of The City Clerk REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number 2010 -08 Offering Their Appreciation And Gratitude For The Service Of Mr. Justin Reviczky Who Recently Resigned From The Planning And Zoning Board/Local Planning Agency. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -08 Is Approved. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 5 OF 16 COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been Provided 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 Clerk Is Requesting That The City Commission Review And Approve Resolution Number 2010 -08. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr. Reviczky Regarding An Official Presentation By The Mayor And City Commission. No discussion. CONSENT 206. Community Development Department — Urban Beautification Services Division REQUEST: Requesting Approval For The City To Enter Into Contract Agreements Totaling $41,591.92 For Landscape Maintenance Services Pursuant To Public Bid ITB 004 /10 /SR For Tuskawilla Road, The Oak Forest Wall And Beautification District, And Winter Springs Town Center Phase 1. FISCAL IMPACT: The Scope Of Work For Bid # ITB 004 /10 /SR Encompasses Three (3) Funding Sources: Urban Beautification Line Code (1525 - 54682) At $24,316.92, The Oak Forest Maintenance Fund Line Code (191 - 54682) At $11,579.00, And Urban Beautification Line Code (1525 - 54644 - 60003) At $5,696.00, For A Total Of $41,591.92. The Above Cost Represents A Savings Of More Than $17,000.00 Over The Current Cost For The Same Services. All Funds Will Be Expended Over A Twelve -Month Contract Period Beginning On May 1, 2010. COMMUNICATION EFFORTS: Bid # ITB 004 /10 /SR Tuskawilla Road ROW, The Oak Forest Entrances, And Town Center Phase 1 Was Broadcast To More Than 300 Bidders Throughout Central Florida Through Advertisements In The Orlando Sentinel, Demand Star And The City's Website Bid System. Twenty (20) Bid Proposals Were Submitted To The City For The Public Bid Opening On March 4, 2010 At 3 pm, Which Was Held In The City Commission Chambers At City Hall. RECOMMENDATION: Staff Recommends The City Commission Review The Information Provided And Determine If Approval Should Be Given To Contract With D &A Building Services, Inc., For Landscape And Irrigation Services At A Cost Of $34,440.00, And Trugreen, L.P., For Chemical Services At A Cost Of $7151.92; Totaling $41,591.92 For One (1) Year. If Approval Is Granted Staff Recommends The Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Required For This Project. This Agenda Item was not discussed. CONSENT 207. Finance And Administrative Services Department REQUEST: Requesting The City Commissions Approval Of Resolution Number 2010 -10 Recognizing The Retirement Of Finance Department - Purchasing Coordinator Nancy Vobornik. FISCAL IMPACT: N/A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 6 OF 16 COMMUNICATION EFFORTS: N/A RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2010 -10 In Honor Of Finance Department Nancy Vobornik Retirement. There was no discussion on this Agenda Item. CONSENT 208. Office Of The Mayor REQUEST: Requests That The City Commission Review And Approve Resolution 2010 -11 Which If Approved, Would Offer Our Support For The City Of Oviedo's State Road 426 /County Road 419 4 -Lane Widening Project. FISCAL IMPACT: Approving Resolution Number 2010 -11 Does Not Have Any Fiscal Impact To The City Of Winter Springs. COMMUNICATION EFFORTS: The City Of Oviedo Is Aware That Mayor Bush Is Bringing This Resolution To The Winter Springs City Commission For Their Consideration. Additionally, Copies Or Access To This Agenda Item And Resolution Have Been Given 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: Mayor John F. Bush Is Asking The City Commission To Approve Resolution Number 2010 -11. No discussion. CONSENT 209. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The March 8, 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 March 8, 2010 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY DEPUTY MAYOR BROWN. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 7 OF 16 CITY CLERK ANDREA LORENZO - LUACES NOTED THAT CITY ATTORNEY ANTHONY A. GARGANESE ASKED THAT HIS COMMENTS ON THE AMICUS BRIEF BE EXPANDED SLIGHTLY AND ASKED IF A MODIFICATION COULD BE MADE TO THE MINUTES UNDER THE CONSENT AGENDA? COMMISSIONER McGINNIS, MAYOR BUSH, AND DEPUTY MAYOR BROWN STATED, "SURE." NO OBJECTIONS WERE VOICED. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS Ms. Mary Alice Wilder of the Krewe of Leaders, Inc. presented Mayor Bush on behalf of the City, a signed poster from the recent Mardi Gras Event. AWARDS AND PRESENTATIONS 300. Office Of The City Manager Presentation Of Resolution Number 2010 -10 Recognizing Nancy Vobornik For Her 24 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush presented Resolution Number 2010 -10 to Nancy Vobornik recognizing her retirement. AWARDS AND PRESENTATIONS 301. Office Of The Mayor Presentation Of A Proclamation Recognizing April 4"', 2010 As "Parents And Children's Day"; And April 11, 2010 To April 17, 2010 As Children's Week - "Celebrating Parents And Children" In The City Of Winter Springs As Requested By Ms. Jennifer Grant, Executive Director Of The Early Learning Coalition Of Seminole. Mayor Bush presented a Proclamation recognizing "Parents and Children's Day" and "Children's Week ". AWARDS AND PRESENTATIONS 302. Office Of The Mayor Presentation Of A Proclamation Recognizing May 1 2010 As "Loyalty Day" In The City Of Winter Springs As Requested By Mr. Bill Poe, Representing Pack/Troop 196 And VFW Post 5405, Winter Springs. Mayor Bush presented a Proclamation to Mr. Bill Poe on behalf of Pack/Troop 196 and VFW Post 5405, Winter Springs, in honor of "Loyalty Day ". CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 8 OF 16 REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Attorney Garganese commented that the City Manager and he had met with the Seminole County Manager and Attorney related to the Annexation of Enclaves and that he had provided information from that meeting to the Mayor and City Commission. Secondly, Attorney Garganese commented on the Appointments to the Districting Commission which were made in November and December 2009 and noted, "I am recommending that we adopt a Resolution which formally identifies the seven (7) individuals that have been Appointed to the Districting Commission as well as establishing a deadline for the Commission's Report." Attorney Garganese added, "If the Commission would allow me to present this Resolution to you for approval tonight it would be very helpful from an administrative standpoint." Copies of the proposed Resolution (2010 -12) were distributed to the City Commission and then Attorney Garganese read the Resolution (2009 -12) to those in attendance. "MOTION TO APPROVE" (RESOLUTION 2010 -12). MOTION BY DEPUTY MAYOR BROWN. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 9 OF 16 REPORTS 404. Office Of The Mayor — The Honorable John F. Bush Mayor Bush mentioned he will be in Tallahassee this week for Florida League of Cities Meetings and is hoping to meet with some of our Legislators while in Tallahassee. Mayor Bush then asked Attorney Garganese to email him the State Law related to how the One Cent Sales Tax monies are distributed. Attorney Garganese said, "I will do that." Mayor Bush then commented about attending last week's Winter Springs Ad Hoc Charter Review Committee Meeting and noted that many changes to the section of the Charter related to the City Manager were recommended by the Winter Springs Ad Hoc Charter Review Committee. Mayor Bush suggested that the City Commission re- review this information when it comes back from the Winter Springs Ad Hoc Charter Review Committee, as this is a very important part of the Charter. Also of interest and being considered by the Winter Springs Ad Hoc Charter Review Committee were the sections related to Elections and Districts. Much discussion. The Winter Springs Ad Hoc Charter Review Committee Members were complimented for their dedication and efforts. Mayor Bush also said he had attended a Mayors and Managers meeting and an Envision Seminole meeting, and noted that the One Cent Sales Tax issue was discussed at both meetings. Further brief comments. REPORTS 405. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey remarked that she had recently been in Washington D.C. and noted that the City of Oviedo City Council and City Manager were also there at the same time. Secondly, Commissioner Hovey thanked Mr. Pula and Mr. Smith for their assistance with some parking for a PTA (Parent- Teachers Association) event. REPORTS 406. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Rick Brown mentioned he had been interviewed by the Orlando Business Journal on the Winter Springs Town Center and the article would be in Friday's issue. REPORTS 407. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Gary Bonner commented on a recent Homeowner's Association Meeting he attended at the Wedgewood Villas and thanked Manager Smith and Mr. Brian Fields, P.E., City Engineer, Public Works Department for also attending, and for their assistance. Commissioner Bonner added, "Again, my Compliments to Manager Smith as well as Engineer Fields." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 10 OF 16 Lastly, Commissioner Bonner mentioned the electronic version of the "Winter Springs Insider" going out and stated, "Well done ". Commissioner Bonner further commented on the articles about new Advisory Committees and added, "It is a good idea to look at that transportation service within our community, so I thank the Planning Staff for taking that initiative, as well as for you Manager Smith." REPORTS 408. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis commented on this weekend's Dog Park Grand Opening and noted the efforts that went into making this happen. Discussion. Next, Commissioner McGinnis asked about a Volunteer Appreciation Event and City Clerk Lorenzo - Luaces stated, "It will be on the April 12 (2010) Agenda." Further comments followed on the Dog Park Grand Opening, and who would be able to attend. Commissioner Joanne M. Krebs said to Mr. Bob Rucci, "Congratulations for all the hard work that you and so many others have done, so that now we finally get a Dog Park." Deputy Mayor Brown noted, "Over the past couple of weeks, I have had comments from two (2) citizens and from the General Manager of the Tuscawilla Country Club praising Brian Fields on the interaction he has had with them and how he has resolved their issues and Brian (Fields) we really appreciate you out there! Thank you very much!" Commissioner Krebs agreed. Commissioner McGinnis added, "Every group he interacts with, every community..." Deputy Mayor Brown said, "...They love him..." Commissioner McGinnis continued, "...They react the same way. So we are blessed." ❖ ❖ AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. •:•• PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Presents To The City Commission An Aesthetic Review Request For An Approximately 27,931 Square Foot (0.641 Acre) Amphitheater Site Within The Town Center Zoning District. FISCAL IMPACT: The Amphitheater Is Expected To Stimulate Business And The Associated Property And Sales Taxes Within The Town Center. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: STAFF RECOMMENDATION: Staff Recommends That The City Commission Approve The Aesthetic Review Plans. Mr. John Baker, AICP, Senior Planner, Community Development Department began the discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 22, 2010 PAGE 11 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. Commissioner McGinnis asked about the proposed translucent roof and related maintenance issues. Mr. Bill Starmer, Starmer Ranaldi Planning and Architecture, Inc., 820 West Broadway Street, Suite 3000, Oviedo, Florida: addressed the City Commission on the proposed roof and added, "You are going to want to pressure wash it periodically." Discussion followed on acoustics; speakers; and restroom facilities. Tape 1 /Side B Further comments followed on seating, and maintenance issues related to possible graffiti. Regarding benches or seats, Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department suggested, "If it is a concern of the Commission, the best way would be an add - alternate where we bid it one way whether it be the benches and then the alternate would be the seats. Then you have the two (2) options before you, for any issue - whether it be the seating or lighting, anything." Commissioner Krebs added, "Also, we need to know the maintenance costs." Because I think the recurring costs are more important at this point." Furthermore, Commissioner Krebs explained, "I don't think anybody up here wants to put a product out like that and then not be able to afford to upkeep it; and that is what I am concerned about." Commissioner Bonner noted that he would be looking forward to further information on maintenance and related issues. Mayor Bush mentioned that he thought that wood benches might be a better seating option. Graffiti issues and related products were discussed next. "MOTION TO APPROVE - KIP (LOCKCUFF) TO COME BACK WITH SOME OPTIONS FOR US TO DISCUSS - TO APPROVE THE GENERAL OVERALL PLAN." MOTION BY COMMISSIONER McGINNIS. FURTHER, COMMISSIONER McGINNIS ADDED, "APPROVE THE AESTHETIC REVIEW - AND WE UNDERSTAND THAT YOU WILL COME BACK WITH MORE INFORMATION ON SEATING." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 12 OF 16 4•• AGENDA NOTE: PUBLIC INPUT WAS HEARD NEXT, FOLLOWED BY THE REGULAR AGENDA, AS DOCUMENTED. • • PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: commented on the Dog Park Grand Opening and noted, "Chuck (Pula) and Kevin (Smith) have done an outstanding job over there." Discussion followed on a Dog Contest and Mr. Rucci added that a magazine called "Pet Planet" was going to do a feature article on the Dog Park. Mr. Tony Savanstano, Papa Tony's, 541 East State Road 434, Winter Springs, Florida: commented on his business and issues with u -turns and traffic. Further discussion. REGULAR AGENDA REGULAR 600. Public Works Department REQUEST: Requesting The City Commission Review The Final Engineering And Landscape Plans For The Proposed Magnolia Park Amphitheater Located At The Intersection Of Tuskawilla Road And Blumberg Boulevard In The Winter Springs Town Center. FISCAL IMPACT: No Funding Is Requested With This Agenda Item. After The Trail Swap Progresses, The Project Will Be Advertised For Bidding And A Future Agenda Item Will Be Submitted For The City Commission's Approval To Award The Construction Contract. COMMUNICATION EFFORTS: No Extra Communication Efforts Are Necessary At This Time. RECOMMENDATION: Staff Recommends The City Commission Approve The Final Engineering And Landscape Plans For The Proposed Magnolia Park Amphitheater. Mr. Fields commented on this project. Discussion ensued on the Trail swap; outstanding issues; and delays in the project. "MOTION TO APPROVE." MAYOR BUSH NOTED, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 13 OF 16 REGULAR 601. Office Of The City Manager REQUEST: Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR) As Presented For The Fiscal Year Ended September 30, 2009. FISCAL IMPACT: None. COMMUNICATION EFFORTS: The 2009 CAFR (Comprehensive Annual Financial Report) Will Be Posted To The Website Within A Week Of Acceptance. RECOMMENDATION: It Is Recommended That The Commission Accept The Comprehensive Annual Financial Report (CAFR) As Presented For The Fiscal Year Ended September 30, 2009. Manager Smith briefly introduced this Agenda Item. Ms. Kelly Leary, McDirmit, Partner, Davis and Company, LLC, 605 East Robinson Street, Suite 635, Orlando, Florida: addressed the City Commission with a brief overview of the CAFR (Comprehensive Annual Financial Report). "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 602. Public Works Department REQUEST: Requesting The City Commission's Review And Approval Of The Final Design For The Ranchlands Roadway Improvements — Phase H. FISCAL IMPACT: No Funding Is Requested At This Time. A Funding Request Will Be Made With The Request To Award The Construction Contract For Phase II, Currently Scheduled For May 2010. Phase II Is Estimated To Cost $1.0 Million, Based On The Phase I Bids Received. COMMUUNICATION EFFORTS: • All Property Owners Abutting The Phase H Streets (Approximately 120) Were Mailed "Request For Input" Notices In October 2009. The "Request For Input" Notices Included A Preliminary Design Sketch Of Each Property's Street Frontage And A Request To Schedule An Onsite Appointment With City Staff To Meet And Discuss Items Such As The Pavement Width, Driveway Connections, Drainage Concerns, Tree Impacts, Pedestrian Accommodations, And Any Other Issues. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 22, 2010 PAGE 14 OF 16 • Approximately 60% Of The Abutting Property Owners Contacted The City And Participated In Individual Onsite Design Review Meetings. The Onsite Meetings Were Highly Productive And They Provided Valuable Resident Input That Has Been Incorporated Into The Design. The Onsite Meetings Also Helped The Residents Better Understand The Project And Enabled Them To Ask Site - Specific Questions That Would Be Difficult To Address In An Offsite Group- Meeting Format. • When The Phase H Design Was Finalized In January 2010, All Phase H Abutting Property Owners Were Mailed An Informational Notice Consisting Of The Following Items: o Project Status Update o Final Drawing For Their Street Frontage o Request For Final Review And Input o Frequently Asked Questions o Notice Of City Commission Approval Scheduled For March 22, 2010 • Residents Will Continue To Be Advised Of The Project Status Prior To And During Construction, Through Mailings, City Website Updates, And Direct Communication With City Staff At The Field Level. RECOMMENDATION: Staff Recommends The City Commission Approve The Final Design For The Ranchlands Roadway Improvements — Phase H. Mr. Fields commented on this Agenda Item. Discussion. "MOTION TO APPROVE THE FINAL DESIGN FOR THE RANCHLANDS ROADWAY IMPROVEMENTS - PHASE H." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 603. Utility Department REQUEST: Requesting The City Commission Approve The Bulk Reclaimed Water Agreement With Tuscawilla Country Club. FISCAL IMPACT: The Proposed Initial Cost Of The Reclaimed Water At $0.18/1K Is Estimated To Cost The Golf Course $14,900.00 Annually Based The Last Three Years Average Usage Including The Well Credit. COMMUNICATION EFFORTS: Staff And The City Attorney Have Met Or Discussed The Terms Of The Agreement With The Golf Course Representatives On Numerous Occasions. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 22, 2010 PAGE 15 OF 16 RECOMMENDATION: It Is Recommended That The City Commission Authorize The City Manager And City Attorney To Prepare And Execute The Bulk Reclaimed Water Agreement With Winter Springs Golf, LLC ( Tuscawilla Country Club) Fourth Addendum To The Effluent Disposal Agreement Which Extends The Terms Of The First Addendum For An Additional Six Months To April 1, 2010. Mr. Lockcuff began the discussion on this Agenda Item and explained that on the Agenda Item, under the "RECOMMENDATIONS: ", everything after `( Tuscawilla Country Club)' should be deleted." Discussion followed on costs; phasing; that the City gave Tuscawilla Country Club the Cell Tower; and well options. "MOTION TO APPROVE - RECLAIMED WATER AGREEMENT." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REGULAR 604. Public Works Department REQUEST: Updating And Requesting The City Commission's Direction Regarding Options For Improving Access From S.R. (State Road) 434 To Sunoco And Papa Tony's. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. COMMUNICATION EFFORTS: Staff Discussed The Access Issue With Papa Tony, Mr. Vijay Patel From Sunoco, And Mrs. Cynthia Miller From Miller's School Supply In Preparation Of This Agenda Item. RECOMMENDATION: Staff Recommends That The Commission Review The Information Provided Herein And Provide Additional Direction As Needed. Mr. Fields introduced this Agenda Item for discussion. Brief comments related to parking spaces and the retention ponds filling up were addressed next. Tape 2 /Side A Discussion followed on Papa Tony's being a destination restaurant; access issues to /from Papa Tony's restaurant; funding; concerns about children running across the street; medians; suicide lanes; businesses experiencing downturn; and being fair to all businesses. Commissioner Krebs thanked Mr. Fields for all of the information he provided and asked if there was specific data from Papa Tony's? CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 22, 2010 PAGE 16 OF 16 Mr. Savanstano commented on business being down; problems with ingress and egress to his business; and other neighborhood restaurants. Discussion followed on the economy; access to area restaurants; and the proposed Hayes Road Plaza. Chief Brunelle spoke on safety and traffic issues related to access to Papa Tony's restaurant. Commissioner Bonner commented on the left hand turn and the existing median landscaping. Commissioner Bonner asked if we had the authority to trim it and Mr. Fields responded that we do have the authority and we would trim it back. Further discussion ensued on traffic issues; Options; funding; other projects; ownership of the Papa Tony's property; and cross access. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE `Option 3'." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: NAY COMMISSIONER HOVEY: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:27 p.m. RESPECTFULLY SUBMITTED: /.rAll i r LORENZO - LUACES, MMC CITY C ERK APPROVED: / 4 •RJOHNF.4VSH NOTE: These Minutes were approved at the April 12, 2010 City Commission Regular Meeting.