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HomeMy WebLinkAbout_2009 06 08 City Commission Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 8, 2009 CALL TO ORDER The Regular Meeting of Monday, June 8, 2009 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 Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Parks And Recreation Department Wishes To Inform The City Commission Regarding The July 4th Celebration Of Freedom/50th Anniversary. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 2 OF 29 "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER BROWN. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Public Works Department Requesting Authorization To Execute Supplemental Amendment #1 To The Joint Participation Agreement With The Florida Department Of Transportation (FDOT) To Install A Turn Lane On State Road 419 At Sherrv Avenue. There was no discussion on this Agenda Item. CONSENT 201. Public Works Department Requesting Authorization To Execute Amendment #1 To The Contractual Agreement With Pegasus Engineering For Professional Engineering Services For Roadway Improvements On S.R. (State Road) 419 And Wade Street. No discussion. CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. This Agenda Item was not discussed. CONSENT 203. Office Of The City Clerk Requesting Approval Of The May 18, 2009 City Commission Special Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 3 OF 29 CONSENT 204. Office Of The City Clerk Requesting Approval Of The May 26, Minutes. 2009 City Commission Special Meeting No discussion. CONSENT 205. Office Of The City Clerk Requesting Approval Of The May 27, 2009 City Commission Workshop Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" [CONSENT AGENDA]. COMMISSIONER BROWN. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. MOTION BY Although not listed on the Agenda, Mayor Bush presented Resolution 2009-30 to former Code Enforcement Board Member Mathew Matisak for his contributions to the Code Enforcement Board. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese spoke of working on a unified statement related to the proposed Town Parke Apartments project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 8, 2009 PAGE 4 OF 29 Next, Attorney Garganese spoke about Jesup's Reserve and stated, "Relative to the Maintenance Bond dispute, we received notice from the Attorney resenting the Maintenance Bond Surety Company that they would like to mediate the Maintenance Bond claims, so we're in the process of scheduling a Mediation and informal Mediation with the Maintenance Bond Surety Company; so, I will keep you apprised of the status of that." Continuing, Attorney Garganese commented, "Anderson's v. Winter Springs, as you know the City Commission gave me direction regarding the retaining of an Expert. I just wanted to let you know that that Expert has opined regarding the status of that building. I will provide you a copy of the Expert's Report." Further brief comments about Jesup's Reserve were made. Lastly, Attorney Garganese mentioned a recent Attorney General Opinion related to Facebook and noted that he had provided the City Commission with this and some related information. REPORTS 401. Office Of The City Manager - Kevin L. Smith City Manager Kevin L. Smith informed the City Commission that he was working on finalizing the City's Summer Newsletter and noted, "If it's agreeable to the Commission I will be sending you a draft of that document, probably tomorrow afternoon. If you have any comments, please send them back to me. I'd appreciate you doing that - next day or so." REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Commission Seat Five/Deputy Mayor - Joanne M. Krebs Deputy Mayor Joanne M. Krebs asked when the City Commission would be getting the statement about the proposed Town Parke Apartments project? Attorney Garganese said, "We can get it out tomorrow." Next, Deputy Mayor Krebs commented on the Banner in the lobby and stated, "It looks really nice." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 8, 2009 PAGE 5 OF 29 REPORTS 404. Office Of The Mayor - John F. Bush Mayor Bush mentioned some information he had received from Seminole County Property Appraiser David Johnson. Brief discussion. Secondly, Mayor Bush commented on Commuter Rail. REPORTS 405. Commission Seat One - Jean Commissioner Jean Hovey asked Mr. Brian Fields, P.E., City Engineer, Public Works Department about a barricade and bump on Shore Road. Mr. Fields stated, "We will address it." Commissioner Hovey added, "Within thirty (30) days?" Mr. Fields responded, "Hopefully sooner." REPORTS 406. Commission Seat Two - Rick Brown Commissioner Rick Brown spoke briefly about his schedule for next week. REPORTS 407. Commission Seat Three - Gary Bonner Commissioner Gary Bonner commented on his schedule; and all the input he has received lately. Next, Commissioner Bonner asked that if someone was to attend this week's Senior Luncheon, that they could mention to the Senior Center Board about the upcoming addition of handicapped parking. REPORTS 408. Commission Seat Four - Sally McGinnis Commissioner Sally McGinnis mentioned tomorrow night's Business Visioning Workshop and suggested that Mayor Bush asked the attendees if they would be interested in donating or sponsorship opportunities for the City's 4 h of July celebration. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 6 OF 29 ? ? AGENDA NOTE: THE FOLLOWING ADDITIONAL "REPORTS" WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. ? ? REPORTS REPORTS 404. Office Of The Mavor - John F. Bush Mayor Bush mentioned that on Winter Springs Boulevard, going towards Oviedo, that there is a lot of heavy equipment sitting there. Discussion. Next, Mayor Bush commented on the borrow pit area and asked if a sign could be placed to explain that it is a retention pond and not a Townhome development. Mr. Fields suggested they could "Have the Contractor post the sign communicating what it is." REPORTS 403. Commission Seat Five/Deputy Mayor - Joanne M. Krebs Deputy Mayor Krebs spoke of a trailer that was on State Road 434 near State Road 419. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department mentioned it was a landscaping business on one of the County's Enclaves. Continuing, Deputy Mayor Krebs added, "How are we doing on the Annexing of those Enclaves?" Discussion. "I MOVE THAT - WE ENTER INTO AN INTERLOCAL AGREEMENT WITH THE STIPULATION THAT WHEN ENCLAVES CHANGE HANDS, WE WILL BUY THEM, AND THIS WILL BE WITH THE COUNTY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. ATTORNEY GARGANESE SAID, "THERE ARE PROVISIONS IN STATE LAW THAT ALLOW THE CITY AND THE COUNTY TO AGREE TO ANNEX ENCLAVES BY AGREEMENT; IT DOESN'T EVEN REQUIRE THE PROPERTY OWNER'S CONSENT. AS YOU KNOW, WE APPROACHED THE COUNTY ON TWO (2) OCCASIONS NOW, REQUESTING TO UTILIZE THOSE PROVISIONS OF FLORIDA LAW TO TAKE INTO THE CITY NUMEROUS ENCLAVES THAT EXIST. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 7 OF 29 THE COUNTY'S RESPONSE BACK TO THE CITY IS WE WON'T AGREE TO ALLOW YOU TO TAKE IN THESE ENCLAVES AUTOMATICALLY; HOWEVER, LIKE THE COUNTY HAS DONE WITH LONGWOOD, THEY HAVE ENTERED INTO AN AGREEMENT THAT WHEN THE PROPERTY CHANGES HANDS, WHEN THERE IS A NEW OWNER, THEN ANNEXATION WOULD OCCUR, BY AGREEMENT BETWEEN THE CITY AND THE COUNTY." ATTORNEY GARGANESE THEN SUGGESTED, "I WOULD ADD A CAVEAT TO THAT, IF THE CITY WAS TO ENTER INTO THIS AGREEMENT WITH THE COUNTY, WE NEED TO MAKE SURE THAT NOTHING IN THAT AGREEMENT WOULD PROHIBIT THE CITY FROM PURSUING ANNEXATION BY ANY OTHER LAWFUL MEANS." FURTHER DISCUSSION. "I WOULD AMEND THE MOTION TO INCLUDE WHAT ANTHONY (GARGANESE) HAD PREVIOUSLY MENTIONED." AMENDMENT TO THE MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. DEPUTY MAYOR KREBS ADDED, "THE CAVEAT." VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. DISCUSSION FOLLOWED ON WHICH ENCLAVES ARE SERVICED BY WINTER SPRINGS AND WHICH ARE NOT. ATTORNEY GARGANESE STATED, "WHEN YOU ENTER INTO THESE ANNEXATION AGREEMENTS, ONE OF THE PROVISIONS THAT WE NEED TO ADDRESS IS UTILITIES. SO, WHEN WE COME BACK TO YOU WITH A DRAFT AGREEMENT, WE ARE GOING TO BE WORKING WITH KIP (LOCKCUFF) TO ADDRESS THOSE CONCERNS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 8 OF 29 COMMISSIONER BONNER THEN ASKED, "THE MOTION AS IT STANDS, WOULD THAT AUTOMATICALLY ENCUMBER THE CITY OR WOULD THAT GIVE THE CITY THE OPPORTUNITY TO ENTERTAIN SUCH AN INVESTMENT OR SUCH A DECISION TO ANNEX AT THE TIME? DOES IT NEED TO BE AMENDED OR IS THE MOTION OKAY TO PROTECT THE CITIZENS FROM AN UNDUE EXPENSE?" ATTORNEY GARGANESE EXPLAINED, "I THINK THE MOTION IS FINE BECAUSE WE'RE GOING TO DO THAT ANALYSIS AND THAT AGREEMENT IS GOING TO COME BACK TO THE COMMISSION FOR `AYE' OR `NAY', AND WE'LL ADDRESS YOUR UTILITY ISSUE CONCERN OF COURSE IN THE AGREEMENT." VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Discussion. PUBLIC INPUT Ms. Kim Sannella, 905 Cypresswood Court, Winter Springs, Florida: spoke of issues at the Winter Springs Town Center, and Workforce Housing. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: commented that his grown children, two (2) who will be Teachers will probably be needing Workforce Housing as residential choices. Mr. David Thompson, 1226 Stone Harbor Road, Winter Springs, Florida: spoke in favor of Workforce Housing and a diversified community. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 9 OF 29 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Requests The City Commission Hold A Public Hearing To Review And Make A Determination Regarding The Altomare Estates Variance Request From (1) Section 9-10. (Average Lot Size Within 1,000 Feet) And (2) Section 9-152. (Maximum Cul- De-Sac Length) Of The City Code, Pursuant To Section 9-5. Of The City Code. The Request Is In Conjunction With Subdivision Plans For The 17.28 Acre Site Located Between Seville Chase And Dunmar. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item and showed related maps. Deputy Mayor Krebs noted, "I received a letter and it talks about I believe an access, an emergency exit required to Dunmar Estates? Okay? Isn't Dunmar [Estates] privately owned?" Mr. Fields explained, "We met with the Applicant, and they need a secondary means of emergency access, not public access, and - what was acceptable to the Fire Marshal was, you've got basically two (2) entrance roads here that are separate; the emergency access secondary would be through here - so this is the primary access." Deputy Mayor Krebs asked, "What does `Here' mean? Who does it belong to?" Mr. Fields responded, "On Dunmar Circle, the Fire Department, as they understand it, has legal access to that road in the event of an emergency, they could use that front part of Dunmar Circle to access this proposed subdivision. That's [Seminole County Fire Marshal] Bob Beck's determination." Furthermore, Mr. Fields remarked, "That is an item that needs to be detailed out in Final Engineering, so it is something that would have to be confirmed that there is legal secondary access. That is a requirement of the project, that was what was agreed to; does need to be finalized." Deputy Mayor Krebs said to Attorney Garganese, "That is a private road, isn't it? I mean, how is that possible? You have people in Dunmar [Estates] paying for that, and then someone else can just come in and use it?" Attorney Garganese answered, "I haven't looked at this issue, Commissioner. Seems like it's a significant issue that would probably warrant being worked out before you consider granting a Variance on the maximum cul-de-sac length." Deputy Mayor Krebs noted, "Yes, that is where I'm going." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 10 OF 29 Continuing, Attorney Garganese said, "Because I have read the same letter that you've forwarded to everybody and I had it underlined as an issue to bring up tonight, a legitimate issue." Commissioner McGinnis stated, "One other item that was mentioned in that letter was worries about water run-off. Could you address that?" Dr. John Altomare, 3710 Aloma Avenue, Winter Park, Florida: remarked, "As far as the fire access, I think the only determination you need to make is who owns that very first section of road; all the other property is not Dunmar Estates, it's owned by Dr. Moseley, or Dr. Moseley and myself. It's a very small section, I mean it's maybe fifty feet (50') long. I think the Fire Marshal's determination was that emergency vehicles have access to all the roadways in Winter Springs, and that, that's why it was acceptable to him, because once they're off there, they're on either my property or Dr. Moseley's. We can address it further, but his determination was that emergency vehicles have that ability to access that; they have access to Dunmar's [Estates] roads to service their houses; so, his assumption was that they would have access to pull onto that road and then turn off of it." Attorney Garganese said, "I can appreciate that comment, but I think that's something we really need to look at very carefully - having litigated for two (2) years, whether or not the City could put in a water pipe on that road. I think we need to take a very careful look at that." Commissioner McGinnis continued, "The issue was raised about water run-off. There were concerns surrounding properties. Is that something you can address Brian (Fields)?" Mr. Fields said, "That would also be addressed in Final Engineering. The Engineer for the Developer is here, could briefly explain how that would work. It hasn't been detailed yet, though." Mr. Sam Sebaali, Engineer of Record, Florida Engineering Group, 5127 South Orange Avenue, Suite 200, Orlando: stated, "As it relates to the stormwater, we have a couple of issues on this site. Part of the site is in a flood plain, and any work we're doing to impact the flood plain is being mitigated; so, we already have looked at these issues. The other aspect of this is any development we do, we have to treat our stormwater and we have to attenuate it to make sure it does not increase the existing levels; and, we have also looked at that. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE I I OF 29 As a matter of fact, a portion of the site currently drains to the east, or Dunmar Estates; and as part of our design we are collecting that water and directing it into our drainage system; so, we expect to have a little bit better condition after development, in terms of the existing drainage conditions, where we are capturing what goes off-site, bringing it into a controlled situation, and then discharging that stormwater run-off into the wetlands system, where it goes eventually; so, we are dealing with that. As it relates to the roadway, if I can address it a little bit. We are talking about specifically an emergency access. The Code has one requirement, which says, you cannot have a cul-de-sac more than 800 feet. This site has a peculiar condition, and that the property itself is more than 800 feet off of a public roadway. So, there is no way for this Applicant to meet that condition. Physically, he cannot do that; so, without some Variance to the Code, he cannot develop the site where there is two (2) lots subdivision, three (3) lots subdivision; it cannot be developed and meet the subdivision requirements. The concern which the Fire Marshal has, is they need to have a secondary access in the event of an emergency, and currently they do access Dunmar Estates through that private roadway, and the likelihood of the Fire Marshal having to access our subdivision would be in the event there is an accident at the intersection to the subdivision and they are called to an emergency inside the subdivision; so, it's going to be on a very rare occasion where you have those two (2) conditions happening at the same time. In that event, all they need to do, and they have currently the ability, and I know that's a legal issue, but they have the ability to access in an emergency on Dunmar Estates, and all they need to do is be able to make a left on the property which is under the control of Dr. Moseley, so, that's the situation. I know the City Attorney has to look into that, but in terms of practical aspects, it's not going to be something which is going to happen frequently." Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Stuart Auerbach, 590 Dunmar Circle, Winter Springs, Florida: explained, "I was at the Board of Adjustment Meeting, and there were a number of issues that came up which I'll bring to your attention. The original plat plan as you see it now, this is not the original plat plan. The original plat plan, if you do have it, showed me waking up and having two (2) to three (3) new neighbors in my back yard. I addressed this problem with Dr. Altomare and his Engineer, and that problem was solved. This is the new layout." Continuing, Mr. Auerbach remarked, "I was picking up - one (1), two (2), possibly three (3), my next door neighbor was picking up one (1). At that Meeting, the Board stressed the fact that they said would favor Approval, if there could be some adjustment to the lots. I'm here to tell you there's an adjustment to the lots. So, [Dr.] Altomare and his Engineer certainly lived up - to that. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 12 OF 29 At the same particular time, it's a unique piece of property that I have. It's a unique piece of property that Dr. Altomare has. I prefer not to see anything developed, but I'm a practical businessman. The man's got an investment in there; someone's going to develop it." Additionally, Mr. Auerbach remarked, we have four (4) homesteads that back up to the Altomare property. In the discussion, I wanted, if at all possible, one (1) neighbor behind me. Now it's happened. Secondly, I was looking for buffers. I think buffers should be something in between properties. Originally I don't believe that there were any provisions - for buffers. Thirdly, since I look out over some pristine territories, I had a concern with telephone poles. When I built my house I made sure that everything - was underground. I did not want to look out upon telephone poles, nor telephone wires. Dr. Altomare said no problem; he told his Engineer, `Let's put it underground'. Water retention, water problems, we've always had water problems simply because the slope of the land is directly down, coming from Seville Chase onto Dr. Moseley's property, and we've had road washouts galore. It doesn't really matter, we can do anything we want, we have it. I believe good engineering can solve that problem." With further comments, Mr. Auerbach said, "My main problem is any agreement that has been negotiated with Dr. Altomare and his Engineer, I'd like that to be put on the Record as part of whatever you do; for the simple reason, I don't know what might happen in the future. Dr. Altomare may decide he doesn't want to develop it, and he sells it to a Developer. Then I really have problems. Mayor Bush pointed out, "All of this will be, it will be part of the Agreement." Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Bonner mentioned the four (4) items that were referenced, "The one neighbor, the underground utilities, the water retention management - and the fourth was a buffer area." Tape 1/Side B Continuing, Commissioner Bonner asked, "The utilities will be underground, is that what I hear? Is that correct?" Mr. Sebaali answered, "Yes, we have met with the neighbors and there were four (4) items discussed as you mentioned. One of them is the tree buffer; the other one was underground utilities; the third one was we would work with the City to provide potable water services to the lots which abut our subdivision; and the fourth one was to deal with the drainage issues; and Dr. Altomare is in agreement with all four (4) items. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 13 OF 29 The only item which we really need to resolve is the potable water service, since it includes approvals by the City, and the neighbors understand that if it's not within our control, we could not do it; but if we can find ways to do it with the City, we will do it." Commissioner Bonner then asked, "Within the water category, that there are now two (2) items. One was drainage, and - the new item I am hearing is the delivery of potable water to neighbors." Mr. Fields commented, "The stormwater like Sam (Sebaali) says will be engineered and required to meet our standards; no adverse impact to adjacent property. That can be worked out as he has described. The second request was to have potable water service to the abutting properties in Dunmar Estates. What we've looked at and what we can at least agree to would be or as recommended, Dunmar Estates residents who abut could have a meter in Altomare Estates along the public route where our meter readers would go, and a service line extending back to Dunmar Estates; private service line that would be only maintained by the Dunmar Estates property owners, extending back. It wouldn't be water service from new mains in Dunmar Estates. We don't want to go there. But, they would have the opportunity to connect to the new water main being installed as a part of this project, just those three (3) lots." Commissioner Bonner said, "We're going to pull City water into this property from where?" Mr. Fields answered, "It's out here on Fisher Road; so, it's going to be a main coming in here serving them." Commissioner Bonner continued, "The impact cost of delivering all that, 1000 plus feet of potable water piping, who's paying for that?" Mr. Fields explained, "They pay the cost to connect; to install; they pay the Impact Fees for the connections; and then if the - I'm not sure if it's three (3) or four (4) residences in Dunmar Estates wanted to connect, they would have to pay connection fees, or they'd have to work something out with these folks on who's paying." Commissioner Bonner noted, "So, there's going to be a design in the potable water delivery plan that if the three (3) residents of Dunmar Estates that have access would like to connect, they'd be able to do so, at their cost... Mr. Fields said, "...Yes..." Commissioner Bonner added, "...And then delivery, what effectively will be between two (2) subdivisions." Mr. Fields commented, "There would have to have an Easement running between the lots in Altomare Estates to have that service line go to Dunmar Estates." Commissioner Bonner remarked, "That Easement doesn't exist today?" Mr. Fields responded by saying, "That's correct. They would have to plat that with their development." Commissioner Bonner then inquired, "Would that Easement be structured along the length of the property line thus creating the buffer that was discussed, or is it only where the pipe would cross?" Mr. Fields explained, "The Easement would go between on the side lot line. It really wouldn't be part of a buffer area. A buffer area I think they're looking for along the back of the lots, that'd be a different type of Easement." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 14 OF 29 Next, Commissioner Bonner summarized, "What I hear is no cost to the citizens to deliver this water; an opportunity for service for - at least three (3) households in Dunmar [Estates]; so, I want to go back to the fourth item - back to the buffer question. Is there a buffer solution in the proposal, or has that been addressed?" Mr. Sebaali answered, "The buffer which was discussed was to have twelve (12) to fourteen foot (14) high oak trees along the east side of the property. We did not discuss the spacing, but we could do something like forty feet (40') on center or something which is reasonable. Dr. Altomare is in agreement with that." Commissioner Bonner said, "So the proposal is to plant some beautiful oak trees." Mr. Sebaali responded, "Yes. May I add one more item? Part of the reason we're asking for the lot Waiver is the fact that we are expanding a pretty lengthy roadway. We have to provide water and fire service for this subdivision; we have to provide curbs along the roadway; collect the water; and do a lot of infrastructure improvement, and without that Waiver to the lot sizes, it really would be very difficult to develop this property and meet City standards; so, that's the reason why we've asked for the Waiver. And as it relates to the secondary access; at this point, we're asking for a Waiver from the length of the cul-de-sac and the lot sizes. The secondary access is a secondary issue which we could deal with, with the Fire Marshal, and there is a possibility with this being seven (7) lots, the Fire Marshal may be able to waive it, if we cannot come to an agreement in terms of being able to access from that roadway; so, we hope you take that into consideration." Mr. Bonner asked, "That is, or is not a component of tonight's approval, this secondary access - I understand it to be a component, I just want to be clear if we are approving this, we're approving it contingent upon being able to work that out as well." Mr. Baker answered, "We're just looking at two (2) Variances tonight. The one is the cul-de-sac length, being contingent upon some sort of emergency access; and then the other is the Variance to the average lot size. And our thoughts with the lot size is to make that transition from Seville Chase to the west to the larger lots at Dunmar [Estates], and we've thought that by doing that, because this is a unique location; when you look at these big lots, and then the very small lots on either side; we felt that if we can make that transition then we've done the best we can." "I WILL GO AHEAD A MAKE A MOTION TO APPROVE THIS VARIANCE WITH THE ADDITIONAL LANGUAGE IN THERE THAT THE CONCESSIONS WHICH THE PROPERTY OWNER HAS ALREADY PLACED ON TO PUBLIC RECORD, WILL BE INCORPORATED INTO A CONTINGENCIES FOR APPROVAL OF THE VARIANCE." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 15 OF 29 DEPUTY MAYOR KREBS SAID, "WHILE I SUPPORT THE ONE VARIANCE, I AM NOT SURE THAT UNTIL THIS - OBVIOUSLY IT'S CLEAR THAT MR. BECK FEELS THAT AN EMERGENCY ACCESS IS NEEDED - SO, PERSONALLY I WOULD WANT TO SEE ALL OF THAT CLEARED UP BEFORE I WOULD VOTE ON THAT; SO, I AM NOT GOING TO SUPPORT THIS." COMMISSIONER BROWN SAID, "I WILL CONCUR WITH COMMISSIONER KREBS." ATTORNEY GARGANESE SAID, "COMMISSIONER BONNER'S MOTION THAT'S BEEN SECONDED, WHICH CALLS FOR APPROVAL OF BOTH WITH THE CONDITION THAT ALL OF THE REPRESENTATIONS BEING INCORPORATED INTO THE MOTION THAT YOU MENTIONED; ONE OTHER THING, THE WAY I UNDERSTAND THE ISSUE - THE VARIANCE TO THE MAXIMUM CUL-DE-SAC LENGTH REALLY IS CONTINGENT UPON THEM GETTING THE EMERGENCY ACCESS. SO, IF YOU WANTED TO PURSUE YOUR MOTION, I WOULD RECOMMEND - THAT YOU ADD `CONDITIONED UPON THAT EMERGENCY ACCESS BEING GRANTED'; OTHERWISE - THE VARIANCE FOR THE CUL-DE-SAC LENGTH SHOULD BE DENIED BASED ON WHAT WE'VE HEARD TONIGHT. THE ALTERNATIVE IS WHAT I THINK COMMISSIONER KREBS AND BROWN ARE INDICATING, IS TO MAYBE WAIT AND SEE IF THAT ACCESS GETS WORKED OUT FIRST AND THEN BROUGHT BACK TO THE COMMISSION FOR A FINAL VOTE." COMMISSIONER BONNER SAID, "SO, WE COULD HAVE AN AMENDMENT TO THE MOTION THAT WOULD REQUIRE THAT TO OCCUR FIRST IN ORDER FOR THIS VARIANCE APPROVAL TO TAKE PLACE." ATTORNEY GARGANESE ADDED, "WITH YOUR MOTION - THE CUL-DE- SAC VARIANCE NEEDS TO BE CONDITIONED UPON THE EMERGENCY ACCESS BEING PROVIDED, BASED ON WHAT WAS REPRESENTED TO YOU. SO, THAT NEEDS TO BE IN YOUR MOTION, OR ALTERNATIVELY, THIS GETS POSTPONED, UNTIL THAT GETS WORKED OUT." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 16 OF 29 VOTE: COMMISSIONER BONNER: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER HOVEY: ABSTAINED DEPUTY MAYOR KREBS: NAY COMMISSIONER BROWN: NAY MOTION DID NOT CARRY. "MOTION TO APPROVE BOTH VARIANCE REQUESTS WITH THE CUL-DE- SAC LENGTH VARIANCE APPROVAL CONTINGENT UPON SUCCESSFUL RESOLUTION WITH THE OWNERS OF DUNMAR ESTATES FOR A SECONDARY EMERGENCY ACCESS ROAD TO BE PROVIDED FOR ACCESS BY COUNTY FIRE AND TO INCORPORATE ALL CONCESSIONS REPRESENTED BY THE APPLICANT TONIGHT." MOTION BY COMMISSIONER BONNER. MOTION DIED FOR LACK OF A SECOND. Further brief comments. "I WOULD RATHER POSTPONE THIS UNTIL THERE IS AN AGREEMENT OR NOT, OR SOME OTHER WAY FOR AN EMERGENCY EXIT - THAT IS MY MOTION." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. RESTATING HER MOTION, DEPUTY MAYOR KREBS STATED, "MY MOTION IS TO POSTPONE THIS UNTIL AN AGREEMENT CAN BE MADE REGARDING THE EMERGENCY EXIT - I MADE A MOTION TO POSTPONE IT." ATTORNEY GARGANESE NOTED, "YOU CAN CONDITION UPON - THE EMERGENCY ACCESS ISSUE BEING - WORKED OUT..." DEPUTY MAYOR KREBS ADDED, "...THAT IS WHAT I WANT TO DO..." ATTORNEY GARGANESE CONTINUED, "...THEN THAT INFORMATION BEING BROUGHT TO YOU FOR CONSIDERATION." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: ABSTAINED COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 17 OF 29 Mayor Bush said, "John (Altomare), you just need to get with the other John (Baker) and with the Attorney to work this out. That is what it amounts to." Dr. Altomare commented, "We have an agreement with the Fire Marshal, we have an Agreement in place. All we need to determine is whether or not the emergency vehicles have access to that road." Mayor Bush remarked, "I don't think the Commission has that Agreement. We don't have it - maybe you have got it, but I don't believe the City has it." Dr. Altomare said, "We said that we had talked about - we met with the Fire Marshal out there; he was in agreement. That's why we're presenting the plan." Attorney Garganese added, "We still need to look at the legal access issue." Deputy Mayor Krebs explained further, "Just because someone else has an Agreement with- in this instance the County, or believes they have an Agreement with County, doesn't mean that we have that agreement, and I think that's probably the conflict with us. PUBLIC HEARINGS 501. Community Development Department Recommends The City Commission Hear A Request For A Conditional Use Within The City Of Winter Springs PUD (Planned Unit Development) Zoning District (Residential Rural FLU [Future Land Use] Designation), To Allow An Approximately 1,600 Square Foot Detached Accessory Structure (Private Garage) On Approximately 1.7 Acres At 805 Dyson Drive. Mr. Baker spoke first on this Agenda Item. 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." MOTION BY COMMISSIONER BROWN. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 18 OF 29 PUBLIC HEARINGS 502. Community Development Department Recommends The City Commission Hear A Request For A Conditional Use Within The City Of Winter Springs RC-I Zoning District (Residential Rural FLU [Future Land Use] Designation), To Allow Expansion (Doubling The Area) Of An Existing Approximately 530 Square Foot Detached Accessory Structure (Private Garage) On Approximately 1.14 Acres At 115 West Tradewinds Road. Mr. Baker introduced this Agenda Item for discussion. Manager Smith left the dais at 6:27 p.m. Discussion. 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." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager Smith returned to the dais at 6:29 p.m. PUBLIC HEARINGS 503. Community Development Department Recommends The City Commission Hear The Request For A Waiver From The 20 Foot Side Yard And 35 Foot Rear Yard Setback Set Forth In Section 20-146. Of The City Code For Accessory Structures Exceeding 240 Square Feet (Section 6-84.), Pursuant To The Waiver Criteria And Procedure Detailed In Section 20-34. To Allow The Expansion Of An Existing 530 Square Foot Garage At 115 West Tradewinds Road, Within Approximately 15 Feet Of The Side Lot Line And The Existing Portion Of The Building To Remain Within Approximately 14 Feet Of The Rear Property Line. Mr. Baker commented briefly on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 19 OF 29 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." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing To Consider Recommendations From The Local Planning Agency On Amendments To The Adopted Future Land Use Map And To The Text Of The Comprehensive Plan Based On The City's Adopted Evaluation And Appraisal Report And To Forward The Proposed Amendments To The Florida Department Of Community Affairs As Included In Ordinance 2009-08. Attorney Garganese remarked, "As you know once the EAR (Evaluation and Appraisal Report)-Based Amendments get sent up to Tallahassee and DCA (Department of Community Affairs), they will submit objections, recommendations and comments regarding the proposed Amendments to the City's Comprehensive Plan - therefore, as you know we've got to get State input on any plans, and most of the time they come back with those objections, recommendations and comments which require some tweaking before the Commission actually adopts the proposed Amendments. One of the major items that was discussed at the last Meeting had to do with an existing Policy in the Comprehensive Plan regarding Affordable Housing. And, under the existing Comprehensive Plan, there are some criteria, that we went back and we looked at it in its true context, would require that the City come back and adopt an Ordinance using that criteria for a guideline, and one of the criteria was to discourage the concentration of Affordable Housing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 20 OF 29 So, going back and looking at it in its true context, our view was - our recommendation to the Commission is not to Amend the Comprehensive Plan regarding that definition of concentration; but you all have that Comp[rehensive] Plan Policy in place today, you can simply adopt a Land Development Regulation to put more meat onto what that Policy should be. So, rather than Amend it and let DCA (Department of Community Affairs) - you just reserve the right to adopt Land Development Regulations to implement that issue. So, you didn't see any recommended changes to that specific issue." Attorney Garganese explained, "Also, when we went back and we met, we reviewed - the Housing Element and the Future Land Use Element and there were a few other changes that we wanted to recommend to you, and that is in your Agenda Item `504', it's just some minor wordsmithing." Furthermore, Attorney Garganese noted, "If you look at your Agenda Item on page 3, Policy 1.3.10: about encouraging certain Workforce Housing units, an issue that we didn't address at the staff level, but I just want to make sure the Commission is comfortable with, is the minimum of twenty percent (20%) that's set forth in that Policy. Are you alright with that minimum, or alternatively do you want to just kind of leave that open ended to like a certain number at the appropriate time?" Commissioner Brown stated, "I would like to leave it open." Commissioner Bonner said, "I agree we should open that so that we have flexibility within Economic Development zones, potentially." Commissioner McGinnis added, "I agree." Attorney Garganese remarked, "So, rather than have the language to include a minimum of twenty percent (20%), it will read `To include a certain number of residential units with accessory dwellings', so, it would be a certain number. And, we added the language `Where appropriate'; so it reserves the discretion to the Commission, what that number is would be determined on a case by case basis, if necessary." Commissioner Bonner said, "You just might want to give - a future Commission flexibility to say a certain number and/or certain percent..." Attorney Garganese stated, "...Okay..." Commissioner Bonner continued, "...Therefore, we don't have to count lots and dwellings and granny units and so on, and so forth..." Attorney Garganese added, "...Okay, we will make that change; and then lastly, just one correction. On the bottom of that page, Policy 1.3.18: in the EAR (Evaluation and Appraisal Report)-Based transmittal to DCA (Department of Community Affairs), the City did clearly represent that they were going to add that Policy; and rather than strike it, would recommend that you leave it in as proposed. It talks about providing for education on Affordable Housing topics." CITY OF WINTER SPRINGS, FLORIDA MINUTES CrrY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 21 OF 29 Next, Attorney Garganese pointed out, "The more substantive language that we're going to propose to you that I want to run by you - the proposal would be to add two (2) new Objectives in related policies to the Future Land Use Element. One objective would be related to the Town Center, and that is currently up on the screen. And, the objective is as stated, it would be to plan and promote..." Manager Smith said to Attorney Garganese, "...If you could just remind the Commission that this came from the conversations - that they had at the previous Meeting, some concerns that were addressed." Attorney Garganese noted, "Right." Attorney Garganese then stated, "There was a lot of discussion at the last Commission Meeting about - the economic viability of the Town Center, and the GreeneWAY Interchange and its relation to SeminoleWAY, and about economic planning. There was some discussion about that. So, that's what these two (2) objectives would address. For the Town Center, the proposal is to create an objective that says that the City would plan and promote for sufficient economic growth and development that provides for an appropriate balance of high quality land uses, development, and activities that will provide for a sound financial future for the City of Winter Springs. This objective focuses in on the economic component for the Town Center; and then there are related Policies that are being proposed. Policy 2.3.1: makes it clear that the City recognizes the Town Center as the central economic development core of the City. It is centrally located; it is the City's - urban business district; centrally located, with the potential for high quality new development and revitalization, providing for needed services, employment opportunities, high quality residential living opportunities, while becoming a community activity center for the City of Winter Springs. It kind of memorializes - what the Town Center is in the process of becoming, and what hopefully it will become. Policy 2.3.2: introduces a little bit of a new concept, formalizes a concept, where the City would conduct periodic economic development studies of the Town Center, that are designed to compile economic data and analysis for a couple of reasons. One is to obviously educate and inform the City about trends for economic performance of the Town Center, because everybody needs a health check-up every now and then. The last time the City did some - formal economic evaluation of the Town Center, was in its infancy, that was the Gibbs Study that was referenced at the last Meeting. The second component would be to assist the City in developing and implementing Economic Development strategies for the Town Center. As you know, the City Commission has already directed Staff to come up with economic incentives city-wide. (2) is basically that. What kind of Economic Development strategies, including incentives should be applied within the Town Center to make it successful? CITY OF WINTER SPRINGS, FLORIDA MINUTES CrrY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 22 OF 29 And the third critical component would be that this Economic Study would serve as a significant factor in making development and other decisions related to the Town Center. That goes to Commissioner Bonner's comments, `Is there anything that we could do to establish a Policy that we can do a Study later on, and have that Study then be incorporated into the decision-making process'. This Policy, if approved, would do that, and that study, then, would be given significant legal weight in your decision-making process, because the Comprehensive Plan would require that it be given that weight." Commissioner Bonner asked about Policy 2.3.1: and stated, "The way it is written currently, where it says `Recognize the Town Center as the central economic development core'; as of right now, our City actually has three (3) Seminole Economic Enhancement Districts (SEED'S); and so, this is at least one of three (3) SEED'S (Seminole Economic Enhancement Districts) that are defined; so - I don't recommend - I am not comfortable with us saying that the Town Center is the..." Attorney Garganese noted, "...Centrally located?" Manager Smith then explained, "Anthony (Garganese) and I had that conversation that you're talking about, and Anthony (Garganese) explained to me - that it was not intended to use the word `Central' as the major or the number one, but more of a geographic descriptor." Commissioner Bonner said, "I understand what your intent was, as opposed to saying that this took precedent over other Economic Development zones." Attorney Garganese suggested, "You can add that language, `Centrally located..." Commissioner Bonner said, "I would be more comfortable with that, since I misinterpreted that." Attorney Garganese remarked, "When we get into the next Objective, regarding the GreeneWAY - that articulates that that's also a major economic catalyst for the City. Policy 2.3.3: is just optimization of the tax base - the Commission has discussed this for years; about how, being the last vacant land - the GreeneWAY and the Town Center as one of the last true chances the City has to remake its tax base and diversify it a little bit more with commercial. And that's what 2.3.3: recognizes, is to insure compatible land uses and development projects within the Town Center that optimally increases and diversifies the City's tax base and economic well-being, while complimenting and protecting established surrounding neighborhoods. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 23 OF 29 Policy 2.3.4:, that introduces a new concept to the City, which I have seen with other cities that I represent, especially on major important development projects. What this Policy would indicate, is that it ensures the City policies and regulations and decision- making processes; not only consider Town Center design planning impacts, but also consider whether proposed new development will have a positive and acceptable economic impact on the City; and further - on that Policy, and here's the new concept, which the Commission can demand, the City Commission may require, as a condition of considering the approval or denial of a development project, that Developers provide a written Economic Fiscal Impact Report, prepared by a duly qualified expert; that details the associated fiscal impacts of any proposed new development project on the City, and on the School District. What that is, is a significant project - you put the burden on the Developer to hire a qualified expert, like a local Economist that will identify, these are the proposed land uses, and this is going to be the fiscal impact on the City, financially, in terms of Ad Valorem taxes, any other taxes, any associated - related uses that may come from the development project and also take a look at the projected - which has a fiscal impact on the schools. They would put that in writing, so you can see what kind of impact, economic impact, that this proposed development will have on the City, whether it's positive or negative - and this Policy is not written as mandatory, but it just says the Commission may require it in certain instances, so you can see. You can make them put the pencil to paper." Commissioner Bonner asked, "While I absolutely support having this capability, the question in my mind, is this written in such a way, so that it would not - become enforced arbitrarily or have the potential to be enforced arbitrarily, because certainly conducting an Economic Impact Report would incur additional costs to an Applicant. I don't want to create anything that would necessarily become an impediment to accomplishing what we're trying to accomplish by saying - you may end up having to have an unreasonable investment in an economic analysis, and we can just arbitrarily impose that on you, therefore you may decide to take your project elsewhere. So, I fundamentally like the idea, but perhaps we need to, if we're going to make such a requirement, maybe we need some design around that, or just put language in place at this point that says they would be subject to being able to answer a certain number of Staff questions or whatever; so, it becomes sort of a standard process, rather than an arbitrary process." Commissioner Brown suggested, "If I heard Anthony (Garganese) right, he had addressed that by saying that the Commission had the latitude to ask for this or not ask for this. And I think that's the appropriate thing to do." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 24 OF 29 Attorney Garganese noted, "It says `May require'. Do you want to put more detail in this Policy in the Comp[rehensive] Plan, or you take this `May require" and come up with..." Mr. Bonner remarked, "...No, we wouldn't want it in the Comp[rehensive] Plan. I just want to make sure we don't end up with some arbitrary - something that exists that becomes arbitrarily applied." Regarding conducting the analysis, Manager Smith suggested, "It must be a duly qualified expert, so we can't have a situation where a Developer would come up and say that they've done their analysis and we feel this, we feel that. It needs to be a duly qualified expert." Commissioner McGinnis asked, "Would there be criteria on who you would make those demands on?" Attorney Garganese answered, "There has to be reason to this - I can give you a real good example. A Developer comes into the City and they're requesting certain concessions from the City, where the City may have to make some capital and infrastructure investments. Well, aren't you going to want to know - what the financial impact is coming back to the City? In those types of situations you could demand that they - give you the data, rather than just shooting blind and just -projecting it internally. It could be more complicated. We've had issues where we've dealt with - the impacts on schools." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department said, "From the Staff, I just want to make sure, that again, while I totally support this; as Staff, we need to know when to and when not to, because it would be a significant economic impact. We know when we need to request it; is it requested as part of the Final Engineering, perhaps after they get concept, or when do we do that in the process? I think those are certainly terms that we can work out in the process of writing the Code to match these Comp[rehensive] Plan Objectives, but I just wanted to get that on the Record, that we would need to know when and how we would apply it..." Commissioner McGinnis noted, "...I agree..." Mr. Stevenson continued, "So, it doesn't become arbitrary that we have to - Staff feels compelled to ask for it on every development, and that's not the case here." Manager Smith added, "In the Comp[rehensive] Plan, we wouldn't want to detail out those type things. This just gives us the flexibility to develop such a Policy and mechanisms, and we'll certainly do that, provide objective criteria." Commissioner Brown recommended, "I was just going to suggest that Staff develop those and bring it back to us when they think it would fit best in the process." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NNE 8, 2009 PAGE 25 OF 29 Attorney Garganese continued, "Policy 2.3.5: talks about Targeted Business Program. That kind of goes hand in glove with economic analysis that's done. I'm sure you'll identify certain target businesses, so like how SeminoleWAY has identified target industries; well, your economic data may indicate that - we need to be focusing in on bringing these types of businesses within the Town Center. This sets up a Policy for that, as well as - residential units appropriate to create all an economically successful Town Center, which is the goal. Policy 2.3.6: talks about insuring high quality building and development that enhances the image and economic well-being of the City and Town Center. We've all been through those Hearings already regarding the Town Center, and the desires of the Commission and the citizens, and 2.3.7: memorializes quality life policy, that we're striving to improve the quality of life for Winter Springs residents, by encouraging an increased number of and variety of thriving commercial businesses that are supported and complimented by high-end residential projects, located in the Town Center." With further discussion, Commissioner Bonner brought up, "What do you want from a business mix, but also, what do you want from a resident mix within the Town Center PUD (Planned Unit Development), which goes all the way back to the issue we started with this evening." Commissioner Bonner added, "That step number three (3) never took place - the City never created this target market analysis for residential mix; so, I don't know if we need to incorporate that here as an addition to your 2.3.5: or as a separate item that would be in here that goes back to this original planning study from March 23rd, 1998?" Attorney Garganese remarked, "We could simply modify 2.3.5: to address residential..." Commissioner Bonner added, "...Could say targeted business and residential program." Attorney Garganese then suggested, "We can do targeted development program." Furthermore, Attorney Garganese explained, "It's in cooperation with residents, local businesses and the development community to attract, expand, and retain businesses and..." Commissioner Bonner stated, "...Residential units. I think that handles it without that confusion." Tape 2/Side A Commissioner Bonner suggested that the City Commission get a copy of the Study from Staff. It was then suggested that Staff provide a disc of the information. Related to 3.5.1:, Attorney Garganese noted, "There are also other new Objectives and Policies that are being proposed, related to SeminoleWAY, so those are not restated here, but they are still in the proposed draft." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 26 OF 29 Commissioner Bonner asked if the Seminole Economic Enhancement Districts (SEED). were referenced? Mr. Stevenson stated, "I can't recall whether it was in the narrative or the Policy." Attorney Garganese added, "We can certainly go back and double-check that - if there just needs to be a Policy to - maintain and implement the three (3) SEED (Seminole Economic Enhancement District) programs that the City has adopted for the Village Walk, Town Center, and the GreeneWAY." Commissioner Bonner remarked, "I think that is fine. Just that we have it in there for future Commissions." Attorney Garganese added, "If it is not already in there, we could add a simple Policy like that in the Future Land Use Element." Commissioner Bonner then said, "I am good with that if my peer Commissioners are?" No objections were voiced. Attorney Garganese then summarized, "What you have before you is the Transmittal Ordinance and EAR (Evaluation and Appraisal Report)-Based Amendments with a few changes that were identified in the Agenda Item `504'; plus the two (2) changes that I indicted regarding Policy 1.3.10: and Policy 1.3.18:. In addition, adding the Objectives - Objective 2.3: regarding the Town Center and related policies; and Objective 3.5: for the GreeneWAY and related policies." Manager Smith asked Attorney Garganese, "Do we need any clarification on the central economic development core?" Attorney Garganese stated, "Right, as amended. You have 2.3.1:, we will add the words located after the word `Central' and then Policy 2.3.5:, instead of targeted business program, it would be `Targeted development program'. And then of course, we'll go back and double-check to make sure we have a clear Policy of maintaining and implementing the three (3) SEED (Seminole Economic Enhancement Districts) programs that have been previously approved." Discussion. 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. Ms. Sahlstrom remarked, "I just need to make notice that there is a Citizen Courtesy Information list out front, if anyone wishes to put their name on that list; it will be transmitted to DCA (Department of Community Affairs); so, they'll receive the updates from DCA (Department of Community Affairs)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 27 OF 29 "MOTION TO APPROVE - WITH THE CHANGES." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BROWN ADDED, "THAT IS INCORPORATING ALL THE CHANGES." COMMISSIONER HOVEY NOTED, "RIGHT." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department Requests That The City Commission Consider A Request To Modify Its Previous Directive To Allow Enclosure Of Two (2) Covered Porch Areas At The Existing Tuscany's Restaurant Without Modifying The Building To Match The Key West Theme Of The Rest Of Tuscawilla Square. Mr. Baker introduced this Agenda Item for discussion. Mr. Alec String, Bryce Foster Corporation, 215 Rollingwood Trail, Altamonte Springs, Florida: addressed the City on this project. Deputy Mayor Krebs asked Mr. String, "Didn't you say that you - when your project, part of your project was to include that Tuscany's would be changed, that it would be a key west building style?" Mr. String stated, "We were going to re-build the whole building." Deputy Mayor Krebs asked, "What happened? Mr. String explained, "He wouldn't allow us to close down." Furthermore, Mr. String added, "He was not willing to shut down his business for four (4) months while we did a major - basically leveling of the existing building and building a new building." Deputy Mayor Krebs then noted, "Because that is what you presented to us when you came here with your whole plan?" Mr. String stated, "Right." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 28 OF 29 Commissioner McGinnis said to Mr. String, "It may never be any different?" Mr. String stated, "I am not going to say that, I think at some point it will, but I think it's going to have to come with the end of Tuscany's and something new - I don't have any provisions in my lease to require him to shut down." Further discussion. Commissioner Brown suggested, "Maybe there needs to be a part of a - mini Development Agreement that says when Tuscany's changes hands, that this is done, period; end of story - before anybody else can occupy that building." With further comments, Commissioner Brown added, "I think maybe the solution is to do a Development Agreement with Mr. String that says we can do this under the understanding that when this business changes hands or when there is a major remodel that needs to be done, it needs to come into Compliance..." Deputy Mayor Krebs and Commissioner McGinnis agreed and also said, "It has to have major remodel." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THIS UNDER THE CONDITION THAT MR. STRING NEGOTIATE A DEVELOPER'S AGREEMENT THAT IS AGREEABALE TO THE COMMISSION AND TO STAFF AND TO HIMSELF, THAT AT THE TIME OF THIS OWNERSHIP OR THIS TENANT CHANGING HANDS OR THE NEED TO DO A MAJOR REMODEL ON THIS BUILDING, THAT IT COME INTO COMPLIANCE WITH THE ORIGINAL TERMS OF THE ORIGINAL AGREEMENT THAT WAS ESTABLISHED BACK IN 2005." MOTION BY COMMISSIONER BROWN. DEPUTY MAYOR KREBS REMARKED, "CAN YOU SAY AND/OR..." DEPUTY MAYOR KREBS ADDED, "...MAYBE THIS PARTICULAR TENANT MAY DECIDE TO STAY." COMMISSIONER BROWN THEN SAID, "PLEASE LET THAT STAND AS AN AND/OR." SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MAYOR BUSH ASKED MR. STRING, "ARE YOU OKAY WITH THE WAY THAT IS WORDED?" MR. STRING STATED, "YES." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 8, 2009 PAGE 29 OF 29 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:22 p.m. RESPECTFULLY SUBMITTED: LORENZO-LUACES, MMC CLERK APPROVED: ?Ir OR JOHN, r? BUSH NOTE: These Minutes were approved at the June 22, 2009 Regular City Commission Meeting. FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST -FI T A -MI AME NAME OF BOARD, COUN IL, COMMISSION, AUTHORITY, OR CO ITTEE MAILI S ' t THE BOARD, COUNCIL, COMMISSION, THORITY OR OMMITTEE ON , V - `- ICH I SERVE IS A UNIT OF: CITY C TY ITY L3 COUNTY ? OTHER LOCAL AGENCY NAME OF LITIE L SUBDIVISIO DATE ON WHICH VOTE OC URR MY POSITION IS: PPOINTIVE ? l ELE IVE A N WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. lr? INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. )p DISCLOSURE OF LOCAL OFFICER'S INTEREST 1 hereby disclose that on `-? ,2009. (a) A measure came or will come befo my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ; - inured to the special gain or loss whom I am retained; or - inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: -9-- 0 q Date Filed by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2