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HomeMy WebLinkAbout2010 07 26 Consent 207 Approval of the City Commission Regular Meeting Minutes of July 12, 2010 CITY OF WINTER SPRINGS FLORIDA • oS U co Incorporated • 1959 0Rit CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JULY 12, 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 - JULY 12, 2010 PAGE 2 OF 16 CALL TO ORDER The Regular Meeting of Monday, July 12, 2010 of the City Commission was called to Order by Deputy Mayor Rick Brown 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, absent Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present ,�� Commissioner Gary Bonner, present Commissioner Sally McGinnis, arrived at 5:33 p.m. Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Under Agenda Changes, City Manager Kevin L. Smith remarked, "I would like to recommend that we pull Informational Agenda Items `101' and `102' to the Regular Agenda, not for action, but just for the purposes of allowing both LDI (Land Design Innovations, Inc.), and City Engineer Brian Fields (P.E., Public Works Department) just to make some additional presentations on those items which I think may be beneficial to the Commission." Deputy Mayor Brown asked if there were any objections. Commissioner Jean Hovey stated, "No." No objections were noted. ❖ ❖ AGENDA NOTE: INFORMATIONAL AGENDA ITEMS "101" AND "102" WERE FURTHER ADDRESSED ON PAGES 14 -16. ❖ ❖ 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. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 3 OF 16 INFORMATIONAL 101. Land Design Innovations, Inc. (City Consultant) REQUEST: Land Design Innovations, Inc. (City Consultant) Is Presenting The Summary Report For Economic Development Activities From May 17, 2010 Through June 18, 2010. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. Cs_ COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission �--- Agenda Are Necessary In Conjunction With This Agenda Item. c -- 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 at this time. - INFORMATIONAL 102. Public Works Department — Stormwater Division REQUEST: Providing Information To The City Commission Concerning The Present Condition Of The Lakes Within The Winter Springs Golf Course Property. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. The Activities Performed By Staff To Date, Consisting Of Clearing And Debris Removal Around The Lakes' Inlet And Outlet Structures, Are Part Of The Stormwater Division's Normal Maintenance Activities. COMMUNICATION EFFORTS: Staff Sent Informational Letters To The Highlands HOA (Homeowner's Association) And The Greenspointe HOA (Homeowner's Association) On June 28, 2010. RECOMMENDATION: Staff Recommends The Commission Review The Enclosed Information Regarding The Current Condition Of The Winter Springs Golf Course Lakes. No discussion at this time. INFORMATIONAL 103. Community Development Department And Public Works Department REQUEST: Wish To Inform The City Commission Of The Status Of Implementation Of Senate Bill 360 (Now Known As Chapter Law No. (Number) 2009 -96) Regarding Mobility Planning And The Designation Of The City As A Transportation Concurrency Exception Area (TCEA). FISCAL IMPACT: Developments Will Be Required To Implement, Or Provide A Funding Contribution To Directly Implement Mobility Strategies (Identified By The City), Based On A Proposed Development's Anticipated Net, New Trip Generation. Subsequent To The Comprehensive Plan Amendment, The City Will Further Examine Other Implementation Strategies (Which May Include Mobility Fees, Proportionate Share Mitigation, Fees In -Lieu, And /Or Combination) To Support And Fund Mobility And Will Amend Its Land Development Code As Needed. The City Still Maintains The Ability To Collect Transportation Impact Fees To Ensure That New Development Pays For Its Fair Share Towards The Building Or Redevelopment Of Road Capacity. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 4 OF 16 COMMUNICATION EFFORTS: Commission Agenda Items Are Posted In City Hall And Posted On City's Website July 4, 2010 - Public Noticing In Orlando Sentinel Of LPA (Local Planning Agency) Public Hearing July 12, 2010 - Information To The City Commission Cz Tentative Implementation Schedule: July 14, 2010 — LPA (Local Planning Agency) Public Hearing To Consider The Amendment And Make c Recommendation To The City Commission July 15, 2010 - Public Noticing In Orlando Sentinel Of City Commission Public Hearing _e _ July 26, 2010 - First Reading Of Ordinance Transmitting The Proposed Comprehensive Plan Amendments July 29, 2010 - Transmittal To Dept Of Community Affairs And Other Agencies Sept. (September) 29, 2010 - Receipt Of ORC (Objectives, Recommendations And Comments) Report From The State Dept. (Department) Of Community Affairs :--_- Oct. (October) 25, 2010 - Anticipated Adoption Hearing For Ordinance 2010 -18 RECOMMENDATION: Staff Requests That The City Commission Familiarize Themselves With This Brief Introduction To The Comprehensive Plan Amendments That Will Come Before The City Commission On July 26` This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA) AS AMENDED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Attorney REQUEST: Presents Resolution 2010 -42 To The City Commission, Amending The Commission's Rules And Procedures To Permit Public Input At Special And Workshop Meetings In Addition To Regular Meetings. FISCAL IMPACT: None. COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 5 OF 16 RECOMMENDATION: Approve Resolution 2010 -42 Amending The Commission's Rules And Procedures To Permit Public Input At Special And Workshop Meetings In Addition To Regular Meetings, And Restating The Remaining Rules And Procedures. There was no discussion on this Agenda Item. = CONSENT 201. Office Of The City Manager And Finance (And Administrative Services) Department And ow Information Services Department REQUEST: Requests The City Commission Consider The Expansion Of Master Card And Visa For Development Service And Utility Billing As An Acceptable Payment Method For City Services. The City Manager And City Attorney Request Authorization To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: Option 1 - City Passes The Customer Convenience Fee ($2.70) Onto The Public Both For Development Services And Utility Billing. There Would Be No Cost For Equipment Or Transaction Fees To The City. Point And Pay Is The Preferred Vendor. Option 2 - City Absorbs The Convenience Fees For Both Development Services And Utility Billing. The Total Cost For Year One Would Be Approximately $675.00 (450 Transactions @ $1.50) For Development Services And $27,000.00 (18,000 Transactions @1.50) For Utility Billing. Option 3 - Absorb The Fee For Development Services And Charge A Convenience Fee For Utility Billing Customers. Total Cost In The First Year Would Be Only $675.00 For Development Service Customers. COMMUNICATION EFFORTS: Master Card And Visa Stickers Would Be Placed On The Doors Of City Hall Along With Counter Top Advertising Tents. The City Would Advertise On Its Website The Ability To Pay With Master Card And Visa. The New Payment Method Will Be Advertised On The City Hall Sign. RECOMMENDATION: City Manager And Finance (And Administrative Services) Department Recommend The Commission Consider Option 1 For A Period Of 12 -18 Months At Which Time A Full Cost Benefit Analysis Can Be Performed On Data Collected. This Analysis Will Dive Any Price Structure Changes. In Addition, City Manager And City Attorney Request Authorization To Prepare And Execute Any And All Applicable Documents In Conjunction With This Effort. Manager Smith stated, Agenda Item '201' addresses the - Point and Pay issue that we spoke about at the last Commission Meeting. At that Meeting, the Commission approved Option 1. Through an oversight, we neglected to ask in the Recommendation - for authority for the City Manager and City Attorney to execute any and all documents. The purpose of `201' this week is just housekeeping, to clarify that and just to seek that permission." CONSENT 202. Police Department REQUEST: Requests That The City Commission Review And Approve The Attached City - County Investigative Bureau (CCIB) And Florida Department Of Law Enforcement (FDLE) 2010 Mutual Aid Agreement Renewal And Allow The City Manager To Execute This Agreement On Behalf Of The City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 6 OF 16 FISCAL IMPACT: None. COMMUNICATION EFFORTS: Posting Of The Agenda Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The City Commission Is Being Requested To Review The Agreement And Approve The City Manager To Execute Same On Behalf Of The City. This Agenda Item was not discussed. CONSENT 203. Office Of The City Manager And Finance (And Administrative Services) Department REQUEST: Requests Commission To Approve Renewal Of The Advanced Xerographics Imaging System (AXIS), Inc. For Utility Billing Printing Services And To Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: Funding Would Be Payable From The Utility Billing Division Of The Finance Department Contractual Services Line Code 1360 -53188 (In The General Fund) At A Cost Of $.191 Per Bill Printed Including A PDF Image Of Each Bill. The General Fund Will Be Reimbursed By The Water And Sewer Utility Fund For 100% Of The Fees Charged. The Contract Will Be For Approximately $30,000.00 Per Year, Based On Our Estimated Customer Base. Funding Is Available For This Service In The FY (Fiscal Year) 2010 And The FY (Fiscal Year) 2011 Final Budget Document That Will Be Presented In September 2010 Will Need To Reflect This Contract. COMMUNICATION EFFORTS: Contract Will Be Signed And Mailed To AXIS, Inc. RECOMMENDATION: It Is Recommended That Authorization Be Granted To Piggyback Off Of The City Of Melbourne, Florida's Contract #12- 136 -0 -2007 With Advanced Xerographics Imaging Systems (AXIS), Inc, For Utility Bill Printing Services At A Cost Of $0.191 Per Utility Bill Through May 31, 2013 And That The City Manager And City Attorney Be Authorized To Prepare And Execute All Required Documents. There was no discussion on this Agenda Item. CONSENT 204. Community Development Department — Urban Beautification Services Division REQUEST: Requesting Authorization For A Revision Of The Existing Neighborhood Street Sign And Light Improvement Agreement With The Highlands Homeowner's Association, Inc., To Include Two (2) Additional Decorative Street Lights. FISCAL IMPACT: Funding For This Project Will Be Provided By The Highlands Homeowner's Association, Inc. With No Additional Cost To The City As The Two (2) Upgraded Street Lights Will Be Direct Replacements For Existing Street Lights Within The City's Inventory. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 7 OF 16 COMMUNICATION EFFORTS: The HHA (Highlands Homeowner's Association) Board Of Directors Has Requested That A Revision Of The NSSLIA Be Endorsed By City Staff And Presented To The Commission For Approval. This Agenda Item Has 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 Is Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The Community Development Department, Urban Beautification Division, Recommends A Revision Of The Existing Neighborhood Street Sign And Light Improvement Agreement BHA (Highlands Homeowner's Association), Which Was Approved By The City Commission On C=0 January 11, 2010 (Agenda Item C -200), To Include Two (2) Additional Street Lights Making A New Total = Of Sixty -Four (64) Decorative Street Lights In The Program. It Is Also Recommended That The City Ci„,„y Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Related To This Issue. No discussion. CONSENT 205. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The June 21, 2010 City Commission Workshop 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 June 21, 2010 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 206. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The June 28, 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 June 28, 2010 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 8 OF 16 "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE C=0 COMMISSIONER HOVEY: AYE C•0 MOTION CARRIED. Q•� AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese commented on the Reserve at Tuscawilla Homeowner's Association Meeting scheduled for Tuesday, July 13, 2010 and mentioned to the City Commission that the latest information on the Atlantic Housing project was in tonight's Agenda packet. Continuing, Attorney Garganese noted, "I would be cautious about the City Commissioner's participation in that meeting because the Commission's final decision will be made at a Commission Meeting, so hopefully your constituents would appreciate the position that you're in - one, being responsive to them and listening to what they have to say at their Homeowner's Association meeting; balancing that with your role as a Commissioner; having to make all final decisions at an open Commission Meeting, so you have to balance those two (2) issues." Furthermore, Attorney Garganese stated, "As you know, the Commissioner's are governed by one (1), the Sunshine Law; and two (2), on the Land Development process on quasi-judicial rules; you have to make decisions at an advertised public meeting at a formal Commission Meeting, so there's no problem with you attending; no problem with you listening to what the constituents have to say." REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 9 OF 16 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces mentioned that in previous Election years, the City Commission asked that I show them the Qualifying documents prior to Qualifying and asked if this City Commission wanted to continue seeing Qualifying documents. City Clerk Lorenzo - Luaces stated, "I have no problem doing it." Commissioner Joanne M. Krebs remarked, "Provide it like you did the last time." Deputy Mayor Brown said, "Yes." Commissioner Gary Bonner added, "I agree, yes." No objections were voiced. Continuing, City Clerk Lorenzo - Luaces also mentioned that she had previously been requested to include in Qualifying packets, whatever the Seminole County Supervisor of Elections had included in their County Q Qualifying packets. City Clerk Lorenzo - Luaces explained, "Some of the information isn't really applicable to a Municipal Election, so I will always include as much as I can to help the Candidates but I just wanted to make sure that it is okay that I only include the information that's really helpful." Deputy Mayor Brown agreed to this. Commissioner Krebs stated, "Right." Other Commissioners nodded in agreement. REPORTS 403. Office Of The Mayor — The Honorable John F. Bush Absent. REPORTS 404. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey commented on the Fireworks at the City's 4 of July event, and noted, "Good job." REPORTS 405. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown No Report. REPORTS 406. Office Of Commissioner Seat Three — The Honorable Gary Bonner • No Report. REPORTS 407. Office Of Commissioner Seat Four— The Honorable Sally McGinnis No Report at this time. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 10 OF 16 REPORTS 408. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs also spoke on the Fireworks and the City's talent contest at the City's 4` of July Event; and said, "Good job." Commissioner Krebs also mentioned she would have liked to have known in advance that she was to do introductions. Next, Commissioner Krebs asked why the Sand Cordgrass had been dug out of medians. g=1 Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department explained that it was removed due to a site distance issue and noted, "That's all I have so far. I'll follow up more in detail for you a little bit later." Q•4 PUBLIC INPUT Mr. Edward Riordan, 1793 Seneca Boulevard, Winter Springs, Florida: spoke on Immigration Reform, illegal immigrants, and asked if the City uses "E- Verify" for hiring Employees and Contractors. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Requests The Commission Hold A Public Hearing To Consider The Special Exception For A Building With At Least A 25,000 SF (Square Foot) Building Footprint. FISCAL IMPACT: The Undeveloped Site Currently Pays Approximately $20,000.00 In Property Taxes ($5,551.65 Of This Amount Is City Taxes). Staff Estimates Of 76 Townhomes Averaging 1,200 SF (Square Foot) Each Would Yield Approximately $20,000.00 Additional To The Total Tax Bill From The Site (As Would A Commercial 0.20 Floor Area Ratio). The City Receives Only A Portion Of This Total Property Tax Bill. The Applicant States That The School Had A 2009 -2010 Operating Budget Of $3.6 Million, Payroll (And Associated Taxes) For 45 Employees Of $2.0 Million, Revenue For Procured Services Of $1.6 Million, Finished Its 2009-2010 Year At Least $450,000.00 In The Black, $1,350,000.00 In The Bank (On 04/30/10), And No Debt. They Project An Operating Budget Of $5.1 Million, A Payroll For 60 Employees (15 New Jobs) Of $2.46 Million, And Debt Payment On The New Facility Of $700,000.00. Planning Literature States, As A General Rule, That A Small, High Quality Elementary School Boosts Residential Property Values At The Neighborhood And Often Community Level. COMMUNICATION EFFORTS: A Substantial And Conspicuous Sign Has Been Erected At The Site To Notice The Public Hearing And Property Owners Within 150 Feet Of The Site Have Been Notified By Mail In Addition To The Postings By The City Clerk's Office. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 11 OF 16 RECOMMENDATION: Staff Recommends That The City Commission Approve The Special Exception For This Building With Footprint Larger Than 20,000 Square Feet, Subject To The Applicant Closing On The Site And Executing A Binding Development Agreement With The City. Mr. Stevenson opened this Agenda Item for discussion. Commissioner Sally McGinnis arrived at 5:33 p.m. Deputy Mayor Brown opened the "Public Input" portion of the Agenda Item. No one spoke. Qe Deputy Mayor Brown closed the "Public Input" portion of the Agenda Item. Commissioner Bonner inquired about forthcoming reviews and what will come back before the City Commission. Mr. Stevenson remarked, "Normally, that would come back to you as a package. We would have Final Engineering which would be a Regular Agenda Item; Aesthetic Review which would be a Public Hearing; and a Development Agreement which would be another Regular Agenda Item, at this point in time." With further comments, Commissioner Bonner asked if any remaining aspects of this project would go before the Planning and Zoning Board/Local Planning Agency. Mr. Stevenson explained, "I believe at this point, since this is in the Town Center, it would be before the Commission." Commissioner Hovey asked about the Traffic Study. Mr. Stevenson responded, "They are working on the Traffic Study now. It would be part of the Final Engineering submittal." Attorney Garganese asked Mr. Stevenson when the Development Agreement will be presented to the City Commission. Mr. Stevenson stated, "1 would imagine that might come before — we're shooting for the 26 if we're finished, but I would imagine it would come before the Final Engineering." Continuing, Attorney Garganese noted, "I just wanted to make sure we were still on target for bringing the Development Agreement to the Commission next, to address all of the issues that have been raised to date, because this Agenda Item cannot be considered without considering the context of all the previous Meetings and those other issues that the Commission brought up that need to be addressed in the Development Agreement in support of this Application for a Special Exception." Commissioner Hovey inquired, "Those things in the Development Agreement, will those include the questions that we have asked the Applicant before ?" Mr. Stevenson responded, "It may be part of their Traffic Study but it would not be included as an item to be bound up in a Development Agreement as I understand it." Manager Smith said to Mr. Stevenson, "I don't see any reason why we couldn't have that information available next time we consider that." Mr. Stevenson said, "That's true." With further comments on the "Neighborhood School" representation and traffic issues, Mr. Stevenson pointed out, "I know the amount of drop -off traffic if you will, is going to be part of the Traffic Study. What I will talk with them about is very succinctly getting those numbers out before you, so you don't have to go through the study to pick all those numbers out." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 12 OF 16 Attorney Garganese then explained, "This Special Exception is related to the building size only and this Approval is like the previous Approvals, is subject to a Development Agreement being negotiated and agreed to by the parties. So, if the Commission Approves this Special Exception tonight, the Commission still needs to approve the Development Agreement in order for this Approval to be effective. The same type of decision was made for the Civic Site designation. In addition, there was a Conceptual Approval granted by the Commission with the full understanding that all of this is going to be subject to a Development Agreement that still needs to be negotiated and agreed to by the Commission." Further, Attorney Garganese noted, "This Approval has to be in context with all the other previous discussions that the Commission has had with the Applicant, and all of that is part of this Record for this specific item." „�„ Discussion continued. =„e Mr. Matt Breen, President, Breen Construction Services, 205 West State Road 434, Suite D, Winter Springs, Florida: commented on this as a Permitted Use. Further discussion. "MOTION TO APPROVE ITEM `500'.” MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, FOLLOWED BY THE REGULAR AGENDA, AS DOCUMENTED. • • REPORTS REPORTS 407. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis asked about the status of the Compassionate Friends' benches. Mr. Chuck Pula, Director, Parks and Recreation Department advised the City Commission, "I will be meeting tomorrow with a gentleman from Winter Springs that's involved in that program to look at expanding to other sites and getting the specifics together, so we can get that information to the Attorney; so, that we can do a Resolution and have something that is part of the permanent Record of the City." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 13 OF 16 REGULAR AGENDA REGULAR 600. Office Of The City Clerk �� REQUEST: Requests That Deputy Mayor Rick Brown Make An Appointment/Reappointment Related To �� The Terms Of Office Which Will Be Expiring In July 2010 — Specifically Regarding A Member Of The �� Code Enforcement Board; And That Commissioner Gary Bonner Make An Appointment Related To The Terms Of Office Which Will Be Expiring In August 2010 — Specifically Regarding A Member Of The Oak Forest Wall And Beautification District Advisory Committee. FISCAL IMPACT: There Is No Fiscal Impact To This Agenda Item. Additionally, As A Courtesy Reminder, With The Adoption Of Ordinance 2010 -14, Twenty -Five Dollar ($25.00) Payments To Board Members Have Been Repealed. COMMUNICATION EFFORTS: The Board And Committee Members Referenced In This Agenda Item Have Been Notified. Additionally, Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, City Attorney, Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATIONS: Deputy Mayor Rick Brown and Commissioner Gary Bonner are requested to make their respective Appointments/Reappointments regarding the Board and Committee Members that are noted in this Agenda Item - with consideration that Board and Committee Members will be needed for quorums for Meetings in July and onwards. Individuals being Appointed would begin no earlier than July 2010, depending on the Board or Committee. The City Commission is respectfully requested to make individual Motions for each Seat, on each Board /Committee. Appointment To Be Made By Deputy Mayor Rick Brown: • Seat Currently Held By Jim Pitts — Code Enforcement Board Appointment To Be Made By Commissioner Gary Bonner: • Vacant Seat — Oak Forest Wall and Beautification District Advisory Committee "TONY INGRIA" NOMINATED TO SERVE ON THE CODE ENFORCEMENT BOARD. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. 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 - JULY 12, 2010 PAGE 14 OF 16 Note: The following was also handled during the discussion of this Agenda Item. Appointment To Be Made By Commissioner Gary Bonner: • Seat Currently Held By Luci Coker — Tuscawilla Lighting And Beautification District Advisory Committee "LUCI COKER" NOMINATED TO CONTINUE SERVING ON THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE 4..x.0 COMMISSIONER McGINNIS: AYE at= COMMISSIONER HOVEY: AYE Q! COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Commissioner Bonner noted he would have an Oak Forest Wall and Beautification District Advisory Committee Nomination at a later time. ❖ ❖ AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE ADDRESSED NEXT, IN ADDITION TO WHAT IS SHOWN ON PAGES 2 — 4, AS DOCUMENTED. ❖ ❖ INFORMATIONAL AGENDA INFORMATIONAL 101. Land Design Innovations, Inc. (City Consultant) REQUEST: Land Design Innovations, Inc. (City Consultant) Is Presenting The Summary Report For Economic Development Activities From May 17, 2010 Through June 18, 2010. 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. Ms. Tracy Crowe, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland Florida: commented on draft documents that were just distributed to the City Commission for their consideration. Commissioner Bonner said to Ms. Crowe, "I want to compliment you and Staff, because this is the information that I need in order to advise my constituents about what is going on in the space of Economic Development." Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JULY 12, 2010 PAGE 15 OF 16 Commissioner Bonner asked what the next steps were. Discussion followed on documents that would be addressed during upcoming City Commission Meetings; and Ms. Crowe mentioned that the City Attorney needed time to review the proposed Ordinance. Next, Commissioner Bonner asked if the latest could be addressed in a public session. Manager Smith suggested, "We could touch base - kind of give an overview on Monday night, if you would like, to show that we have earmarked reserves for Economic Development purposes; that we are prepared with LDI's (Land Design Innovations, Inc.) help, which you see in front of you." Commissioner Bonner stated, "Okay." No objections g=1 were voiced. Commissioner McGinnis asked about the status of a slogan. Further comments followed with Ms. Crowe. �i...) Tape 1 /Side B 1=1.4 Further discussion followed on an Economic Development logo; to which Land Design Innovations, Inc. noted they would appreciate feedback regarding the logo shown on the lower left of the document provided to the City Commission tonight. INFORMATIONAL 102. Public Works Department — Stormwater Division REQUEST: Providing Information To The City Commission Concerning The Present Condition Of The Lakes Within The Winter Springs Golf Course Property. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. The Activities Performed By Staff To Date, Consisting Of Clearing And Debris Removal Around The Lakes' Inlet And Outlet Structures, Are Part Of The Stormwater Division's Normal Maintenance Activities. COMMUNICATION EFFORTS: Staff Sent Informational Letters To The Highlands HOA (Homeowner's Association) And The Greenspointe HOA (Homeowner's Association) On June 28, 2010. RECOMMENDATION: Staff Recommends The Commission Review The Enclosed Information Regarding The Current Condition Of The Winter Springs Golf Course Lakes. Mr. Fields gave an update on the problems with overgrown vegetation along shorelines. Discussion. Commissioner McGinnis commented on all the work Staff has done on this effort and noted, "I commend you. I think you have done a great job. Your analyses, and your reports, and the time you and Zynka (Perez, Stormwater Utility Manager, Public Works Department) have spent on this is really commendable. Just keep us informed." Further discussion followed on the potential for flooding; cost - effective solutions; who the Attorney for the Winter Springs Golf Course is; and what action might be best; and what costs could potentially be. Attorney Garganese remarked, "Unless we can pinpoint a specific Violation or something, whether it is a Permit requirement or a Code requirement, this is left to this current situation where you're dealing with a private property owner that wants to leave the lakes the way they are. If the City continues to take action or if the Commission wants to take additional action, we're going to have to look at whether or not the City has the right to take additional action under that Conservation Easement." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JULY 12, 2010 PAGE 16 OF 16 Further comments followed on Code Enforcement, and the property owner. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department briefly addressed the City Commission. ADJOURNMENT Deputy Mayor Brown adjourned the Regular Meeting at 6:23 p.m. C, 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, JULY 12, 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 - JULY 12, 2010 PAGE 2 OF 16 CALL TO ORDER The Regular Meeting of Monday, July 12, 2010 of the City Commission was called to Order by Deputy Mayor Rick Brown 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, absent Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, arrived at 5:33 p.m. Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Under Agenda Changes, City Manager Kevin L. Smith remarked, "I would like to recommend that we pull Informational Agenda Items `101' and `102' to the Regular Agenda, not for action, but just for the purposes of allowing both LD1 (Land Design Innovations, Inc.), and City Engineer Brian Fields (P.E., Public Works Department) just to make some additional presentations on those items which I think may be beneficial to the Commission." Deputy Mayor Brown asked if there were any objections. Commissioner Jean Hovey stated, "No." No objections were noted. ❖❖ AGENDA NOTE: INFORMATIONAL AGENDA ITEMS "101" AND "102" WERE FURTHER ADDRESSED ON PAGES 14 - 16. ❖ ❖ 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. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 3 OF 16 INFORMATIONAL 101. Land Design Innovations, Inc. (City Consultant) REQUEST: Land Design Innovations, Inc. (City Consultant) Is Presenting The Summary Report For Economic Development Activities From May 17, 2010 Through June 18, 2010. 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 at this time. INFORMATIONAL 102. Public Works Department — Stormwater Division REQUEST: Providing Information To The City Commission Concerning The Present Condition Of The Lakes Within The Winter Springs Golf Course Property. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. The Activities Performed By Staff To Date, Consisting Of Clearing And Debris Removal Around The Lakes' Inlet And Outlet Structures, Are Part Of The Stormwater Division's Normal Maintenance Activities. COMMUNICATION EFFORTS: Staff Sent Informational Letters To The Highlands HOA (Homeowner's Association) And The Greenspointe HOA (Homeowner's Association) On June 28, 2010. RECOMMENDATION: Staff Recommends The Commission Review The Enclosed Information Regarding The Current Condition Of The Winter Springs Golf Course Lakes. No discussion at this time. INFORMATIONAL 103. Community Development Department And Public Works Department REQUEST: Wish To Inform The City Commission Of The Status Of Implementation Of Senate Bill 360 (Now Known As Chapter Law No. (Number) 2009 -96) Regarding Mobility Planning And The Designation Of The City As A Transportation Concurrency Exception Area (TCEA). FISCAL IMPACT: Developments Will Be Required To Implement, Or Provide A Funding Contribution To Directly Implement Mobility Strategies (Identified By The City), Based On A Proposed Development's Anticipated Net, New Trip Generation. Subsequent To The Comprehensive Plan Amendment, The City Will Further Examine Other Implementation Strategies (Which May Include Mobility Fees, Proportionate Share Mitigation, Fees In -Lieu, And /Or Combination) To Support And Fund Mobility And Will Amend Its Land Development Code As Needed. The City Still Maintains The Ability To Collect Transportation Impact Fees To Ensure That New Development Pays For Its Fair Share Towards The Building Or Redevelopment Of Road Capacity. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 4 OF 16 COMMUNICATION EFFORTS: Commission Agenda Items Are Posted In City Hall And Posted On City's Website July 4, 2010 - Public Noticing In Orlando Sentinel Of LPA (Local Planning Agency) Public Hearing July 12, 2010 - Information To The City Commission Tentative Implementation Schedule: July 14, 2010 — LPA (Local Planning Agency) Public Hearing To Consider The Amendment And Make Recommendation To The City Commission July 15, 2010 - Public Noticing In Orlando Sentinel Of City Commission Public Hearing July 26, 2010 - First Reading Of Ordinance Transmitting The Proposed Comprehensive Plan Amendments July 29, 2010 - Transmittal To Dept Of Community Affairs And Other Agencies Sept. (September) 29, 2010 - Receipt Of ORC (Objectives, Recommendations And Comments) Report From The State Dept. (Department) Of Community Affairs Oct. (October) 25, 2010 - Anticipated Adoption Hearing For Ordinance 2010 -18 RECOMMENDATION: Staff Requests That The City Commission Familiarize Themselves With This Brief Introduction To The Comprehensive Plan Amendments That Will Come Before The City Commission On July 26 th . This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA) AS AMENDED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Attorney REQUEST: Presents Resolution 2010 -42 To The City Commission, Amending The Commission's Rules And Procedures To Permit Public Input At Special And Workshop Meetings In Addition To Regular Meetings. FISCAL IMPACT: None. COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 5 OF 16 RECOMMENDATION: Approve Resolution 2010 -42 Amending The Commission's Rules And Procedures To Permit Public Input At Special And Workshop Meetings In Addition To Regular Meetings, And Restating The Remaining Rules And Procedures. There was no discussion on this Agenda Item. CONSENT 201. Office Of The City Manager And Finance (And Administrative Services) Department And Information Services Department REQUEST: Requests The City Commission Consider The Expansion Of Master Card And Visa For Development Service And Utility Billing As An Acceptable Payment Method For City Services. The City Manager And City Attorney Request Authorization To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: Option 1 - City Passes The Customer Convenience Fee ($2.70) Onto The Public Both For Development Services And Utility Billing. There Would Be No Cost For Equipment Or Transaction Fees To The City. Point And Pay Is The Preferred Vendor. Option 2 - City Absorbs The Convenience Fees For Both Development Services And Utility Billing. The Total Cost For Year One Would Be Approximately $675.00 (450 Transactions @ $1.50) For Development Services And $27,000.00 (18,000 Transactions @1.50) For Utility Billing. Option 3 - Absorb The Fee For Development Services And Charge A Convenience Fee For Utility Billing Customers. Total Cost In The First Year Would Be Only $675.00 For Development Service Customers. COMMUNICATION EFFORTS: Master Card And Visa Stickers Would Be Placed On The Doors Of City Hall Along With Counter Top Advertising Tents. The City Would Advertise On Its Website The Ability To Pay With Master Card And Visa. The New Payment Method Will Be Advertised On The City Hall Sign. RECOMMENDATION: City Manager And Finance (And Administrative Services) Department Recommend The Commission Consider Option 1 For A Period Of 12 -18 Months At Which Time A Full Cost Benefit Analysis Can Be Performed On Data Collected. This Analysis Will Dive Any Price Structure Changes. In Addition, City Manager And City Attorney Request Authorization To Prepare And Execute Any And All Applicable Documents In Conjunction With This Effort. Manager Smith stated, Agenda Item '201' addresses the - Point and Pay issue that we spoke about at the last Commission Meeting. At that Meeting, the Commission approved Option 1. Through an oversight, we neglected to ask in the Recommendation - for authority for the City Manager and City Attorney to execute any and all documents. The purpose of `201' this week is just housekeeping, to clarify that and just to seek that permission." CONSENT 202. Police Department REQUEST: Requests That The City Commission Review And Approve The Attached City-County Investigative Bureau (CCIB) And Florida Department Of Law Enforcement (FDLE) 2010 Mutual Aid Agreement Renewal And Allow The City Manager To Execute This Agreement On Behalf Of The City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 6 OF 16 FISCAL IMPACT: None. COMMUNICATION EFFORTS: Posting Of The Agenda Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The City Commission Is Being Requested To Review The Agreement And Approve The City Manager To Execute Same On Behalf Of The City. This Agenda Item was not discussed. CONSENT 203. Office Of The City Manager And Finance (And Administrative Services) Department REQUEST: Requests Commission To Approve Renewal Of The Advanced Xerographics Imaging System (AXIS), Inc. For Utility Billing Printing Services And To Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: Funding Would Be Payable From The Utility Billing Division Of The Finance Department Contractual Services Line Code 1360 -53188 (In The General Fund) At A Cost Of $.191 Per Bill Printed Including A PDF Image Of Each Bill. The General Fund Will Be Reimbursed By The Water And Sewer Utility Fund For 100% Of The Fees Charged. The Contract Will Be For Approximately $30,000.00 Per Year, Based On Our Estimated Customer Base. Funding Is Available For This Service In The FY (Fiscal Year) 2010 And The FY (Fiscal Year) 2011 Final Budget Document That Will Be Presented In September 2010 Will Need To Reflect This Contract. COMMUNICATION EFFORTS: Contract Will Be Signed And Mailed To AXIS, Inc. RECOMMENDATION: It Is Recommended That Authorization Be Granted To Piggyback Off Of The City Of Melbourne, Florida's Contract #12- 136 -0 -2007 With Advanced Xerographics Imaging Systems (AXIS), Inc, For Utility Bill Printing Services At A Cost Of $0.191 Per Utility Bill Through May 31, 2013 And That The City Manager And City Attorney Be Authorized To Prepare And Execute All Required Documents. There was no discussion on this Agenda Item. CONSENT 204. Community Development Department — Urban Beautification Services Division REQUEST: Requesting Authorization For A Revision Of The Existing Neighborhood Street Sign And Light Improvement Agreement With The Highlands Homeowner's Association, Inc., To Include Two (2) Additional Decorative Street Lights. FISCAL IMPACT: Funding For This Project Will Be Provided By The Highlands Homeowner's Association, Inc. With No Additional Cost To The City As The Two (2) Upgraded Street Lights Will Be Direct Replacements For Existing Street Lights Within The City's Inventory. CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 7 OF 16 COMMUNICATION EFFORTS: The HHA (Highlands Homeowner's Association) Board Of Directors Has Requested That A Revision Of The NSSLIA Be Endorsed By City Staff And Presented To The Commission For Approval. This Agenda Item Has 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 Is Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The Community Development Department, Urban Beautification Division, Recommends A Revision Of The Existing Neighborhood Street Sign And Light Improvement Agreement For LIRA (Highlands Homeowner's Association), Which Was Approved By The City Commission On January 11, 2010 (Agenda Item C -200), To Include Two (2) Additional Street Lights Making A New Total Of Sixty -Four (64) Decorative Street Lights In The Program. It Is Also Recommended That The City Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Related To This Issue. No discussion. CONSENT 205. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The June 21, 2010 City Commission Workshop 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 June 21, 2010 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 206. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The June 28, 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 June 28, 2010 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 8 OF 16 "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese commented on the Reserve at Tuscawilla Homeowner's Association Meeting scheduled for Tuesday, July 13, 2010 and mentioned to the City Commission that the latest information on the Atlantic Housing project was in tonight's Agenda packet. Continuing, Attorney Garganese noted, "I would be cautious about the City Commissioner's participation in that meeting because the Commission's final decision will be made at a Commission Meeting, so hopefully your constituents would appreciate the position that you're in - one, being responsive to them and listening to what they have to say at their Homeowner's Association meeting; balancing that with your role as a Commissioner; having to make all final decisions at an open Commission Meeting, so you have to balance those two (2) issues." Furthermore, Attorney Garganese stated, "As you know, the Commissioner's are governed by one (1), the Sunshine Law; and two (2), on the Land Development process on quasi-judicial rules; you have to make decisions at an advertised public meeting at a formal Commission Meeting, so there's no problem with you attending; no problem with you listening to what the constituents have to say." REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 9 OF 16 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces mentioned that in previous Election years, the City Commission asked that I show them the Qualifying documents prior to Qualifying and asked if this City Commission wanted to continue seeing Qualifying documents. City Clerk Lorenzo - Luaces stated, "I have no problem doing it." Commissioner Joanne M. Krebs remarked, "Provide it like you did the last time." Deputy Mayor Brown said, "Yes." Commissioner Gary Bonner added, "I agree, yes." No objections were voiced. Continuing, City Clerk Lorenzo - Luaces also mentioned that she had previously been requested to include in Qualifying packets, whatever the Seminole County Supervisor of Elections had included in their County Qualifying packets. City Clerk Lorenzo - Luaces explained, "Some of the information isn't really applicable to a Municipal Election, so I will always include as much as I can to help the Candidates but I just wanted to make sure that it is okay that I only include the information that's really helpful." Deputy Mayor Brown agreed to this. Commissioner Krebs stated, "Right." Other Commissioners nodded in agreement. REPORTS 403. Office Of The Mayor — The Honorable John F. Bush Absent. REPORTS 404. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey commented on the Fireworks at the City's 4` of July event, and noted, "Good job." REPORTS 405. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown No Report. REPORTS 406. Office Of Commissioner Seat Three — The Honorable Gary Bonner No Report. REPORTS 407. Office Of Commissioner Seat Four— The Honorable Sally McGinnis No Report at this time. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 10 OF 16 REPORTS 408. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs also spoke on the Fireworks and the City's talent contest at the City's 4 of July Event; and said, "Good job." Commissioner Krebs also mentioned she would have liked to have known in advance that she was to do introductions. Next, Commissioner Krebs asked why the Sand Cordgrass had been dug out of medians. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department explained that it was removed due to a site distance issue and noted, "That's all I have so far. I'll follow up more in detail for you a little bit later." PUBLIC INPUT Mr. Edward Riordan, 1793 Seneca Boulevard, Winter Springs, Florida: spoke on Immigration Reform, illegal immigrants, and asked if the City uses "E- Verify" for hiring Employees and Contractors. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Requests The Commission Hold A Public Hearing To Consider The Special Exception For A Building With At Least A 25,000 SF (Square Foot) Building Footprint. FISCAL IMPACT: The Undeveloped Site Currently Pays Approximately $20,000.00 In Property Taxes ($5,551.65 Of This Amount Is City Taxes). Staff Estimates Of 76 Townhomes Averaging 1,200 SF (Square Foot) Each Would Yield Approximately $20,000.00 Additional To The Total Tax Bill From The Site (As Would A Commercial 0.20 Floor Area Ratio). The City Receives Only A Portion Of This Total Property Tax Bill. The Applicant States That The School Had A 2009 -2010 Operating Budget Of $3.6 Million, Payroll (And Associated Taxes) For 45 Employees Of $2.0 Million, Revenue For Procured Services Of $1.6 Million, Finished Its 2009 -2010 Year At Least $450,000.00 In The Black, $1,350,000.00 In The Bank (On 04/30/10), And No Debt. They Project An Operating Budget Of $5.1 Million, A Payroll For 60 Employees (15 New Jobs) Of $2.46 Million, And Debt Payment On The New Facility Of $700,000.00. Planning Literature States, As A General Rule, That A Small, High Quality Elementary School Boosts Residential Property Values At The Neighborhood And Often Community Level. COMMUNICATION EFFORTS: A Substantial And Conspicuous Sign Has Been Erected At The Site To Notice The Public Hearing And Property Owners Within 150 Feet Of The Site Have Been Notified By Mail In Addition To The Postings By The City Clerk's Office. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 11 OF 16 RECOMMENDATION: Staff Recommends That The City Commission Approve The Special Exception For This Building With Footprint Larger Than 20,000 Square Feet, Subject To The Applicant Closing On The Site And Executing A Binding Development Agreement With The City. Mr. Stevenson opened this Agenda Item for discussion. Commissioner Sally McGinnis arrived at 5:33 p.m. Deputy Mayor Brown opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Brown closed the "Public Input" portion of the Agenda Item. Commissioner Bonner inquired about forthcoming reviews and what will come back before the City Commission. Mr. Stevenson remarked, "Normally, that would come back to you as a package. We would have Final Engineering which would be a Regular Agenda Item; Aesthetic Review which would be a Public Hearing; and a Development Agreement which would be another Regular Agenda Item, at this point in time." With further comments, Commissioner Bonner asked if any remaining aspects of this project would go before the Planning and Zoning Board /Local Planning Agency. Mr. Stevenson explained, "I believe at this point, since this is in the Town Center, it would be before the Commission." Commissioner Hovey asked about the Traffic Study. Mr. Stevenson responded, "They are working on the Traffic Study now. It would be part of the Final Engineering submittal." Attorney Garganese asked Mr. Stevenson when the Development Agreement will be presented to the City Commission. Mr. Stevenson stated, "I would imagine that might come before — we're shooting for the 26` if we're finished, but I would imagine it would come before the Final Engineering." Continuing, Attorney Garganese noted, "I just wanted to make sure we were still on target for bringing the Development Agreement to the Commission next, to address all of the issues that have been raised to date, because this Agenda Item cannot be considered without considering the context of all the previous Meetings and those other issues that the Commission brought up that need to be addressed in the Development Agreement in support of this Application for a Special Exception." Commissioner Hovey inquired, "Those things in the Development Agreement, will those include the questions that we have asked the Applicant before ?" Mr. Stevenson responded, "It may be part of their Traffic Study but it would not be included as an item to be bound up in a Development Agreement as I understand it." Manager Smith said to Mr. Stevenson, "I don't see any reason why we couldn't have that information available next time we consider that." Mr. Stevenson said, "That's true." With further comments on the "Neighborhood School" representation and traffic issues, Mr. Stevenson pointed out, "I know the amount of drop -off traffic if you will, is going to be part of the Traffic Study. What I will talk with them about is very succinctly getting those numbers out before you, so you don't have to go through the study to pick all those numbers out." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 12 OF 16 Attorney Garganese then explained, "This Special Exception is related to the building size only and this Approval is like the previous Approvals, is subject to a Development Agreement being negotiated and agreed to by the parties. So, if the Commission Approves this Special Exception tonight, the Commission still needs to approve the Development Agreement in order for this Approval to be effective. The same type of decision was made for the Civic Site designation. In addition, there was a Conceptual Approval granted by the Commission with the full understanding that all of this is going to be subject to a Development Agreement that still needs to be negotiated and agreed to by the Commission." Further, Attorney Garganese noted, "This Approval has to be in context with all the other previous discussions that the Commission has had with the Applicant, and all of that is part of this Record for this specific item." Discussion continued. Mr. Matt Breen, President, Breen Construction Services, 205 West State Road 434, Suite D, Winter Springs, Florida: commented on this as a Permitted Use. Further discussion. "MOTION TO APPROVE ITEM `500'." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, FOLLOWED BY THE REGULAR AGENDA, AS DOCUMENTED. • • REPORTS REPORTS 407. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis asked about the status of the Compassionate Friends' benches. Mr. Chuck Pula, Director, Parks and Recreation Department advised the City Commission, "I will be meeting tomorrow with a gentleman from Winter Springs that's involved in that program to look at expanding to other sites and getting the specifics together, so we can get that information to the Attorney; so, that we can do a Resolution and have something that is part of the permanent Record of the City." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2010 PAGE 13 OF 16 REGULAR AGENDA REGULAR 600. Office Of The City Clerk REQUEST: Requests That Deputy Mayor Rick Brown Make An Appointment/Reappointment Related To The Terms Of Office Which Will Be Expiring In July 2010 — Specifically Regarding A Member Of The Code Enforcement Board; And That Commissioner Gary Bonner Make An Appointment Related To The Terms Of Office Which Will Be Expiring In August 2010 — Specifically Regarding A Member Of The Oak Forest Wall And Beautification District Advisory Committee. FISCAL IMPACT: There Is No Fiscal Impact To This Agenda Item. Additionally, As A Courtesy Reminder, With The Adoption Of Ordinance 2010 -14, Twenty -Five Dollar ($25.00) Payments To Board Members Have Been Repealed. COMMUNICATION EFFORTS: The Board And Committee Members Referenced In This Agenda Item Have Been Notified. Additionally, Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, City Attorney, Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATIONS: Deputy Mayor Rick Brown and Commissioner Gary Bonner are requested to make their respective Appointments/Reappointments regarding the Board and Committee Members that are noted in this Agenda Item - with consideration that Board and Committee Members will be needed for quorums for Meetings in July and onwards. Individuals being Appointed would begin no earlier than July 2010, depending on the Board or Committee. The City Commission is respectfully requested to make individual Motions for each Seat, on each Board /Committee. Appointment To Be Made By Deputy Mayor Rick Brown: • Seat Currently Held By Jim Pitts — Code Enforcement Board Appointment To Be Made By Commissioner Gary Bonner: • Vacant Seat — Oak Forest Wall and Beautification District Advisory Committee "TONY INGRIA" NOMINATED TO SERVE ON THE CODE ENFORCEMENT BOARD. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. 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 - JULY 12, 2010 PAGE 14 OF 16 Note: The following was also handled during the discussion of this Agenda Item. Appointment To Be Made By Commissioner Gary Bonner: • Seat Currently Held By Luci Coker — Tuscawilla Lighting And Beautification District Advisory Committee "LUCI COKER" NOMINATED TO CONTINUE SERVING ON THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Commissioner Bonner noted he would have an Oak Forest Wall and Beautification District Advisory Committee Nomination at a later time. ❖ ❖ AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE ADDRESSED NEXT, IN ADDITION TO WHAT IS SHOWN ON PAGES 2 — 4, AS DOCUMENTED. ❖ ❖ INFORMATIONAL AGENDA INFORMATIONAL 101. Land Design Innovations, Inc. (City Consultant) REQUEST: Land Design Innovations, Inc. (City Consultant) Is Presenting The Summary Report For Economic Development Activities From May 17, 2010 Through June 18, 2010. 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. Ms. Tracy Crowe, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: commented on draft documents that were just distributed to the City Commission for their consideration. Commissioner Bonner said to Ms. Crowe, "I want to compliment you and Staff, because this is the information that I need in order to advise my constituents about what is going on in the space of Economic Development." Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JULY 12, 2010 PAGE 15 OF 16 Commissioner Bonner asked what the next steps were. Discussion followed on documents that would be addressed during upcoming City Commission Meetings; and Ms. Crowe mentioned that the City Attorney needed time to review the proposed Ordinance. Next, Commissioner Bonner asked if the latest could be addressed in a public session. Manager Smith suggested, "We could touch base - kind of give an overview on Monday night, if you would like, to show that we have earmarked reserves for Economic Development purposes; that we are prepared with LDI's (Land Design Innovations, Inc.) help, which you see in front of you." Commissioner Bonner stated, "Okay." No objections were voiced. Commissioner McGinnis asked about the status of a slogan. Further comments followed with Ms. Crowe. Tape 1 /Side B Further discussion followed on an Economic Development logo; to which Land Design Innovations, Inc. noted they would appreciate feedback regarding the logo shown on the lower left of the document provided to the City Commission tonight. INFORMATIONAL 102. Public Works Department — Stormwater Division REQUEST: Providing Information To The City Commission Concerning The Present Condition Of The Lakes Within The Winter Springs Golf Course Property. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. The Activities Performed By Staff To Date, Consisting Of Clearing And Debris Removal Around The Lakes' Inlet And Outlet Structures, Are Part Of The Stormwater Division's Normal Maintenance Activities. COMMUNICATION EFFORTS: Staff Sent Informational Letters To The Highlands HOA (Homeowner's Association) And The Greenspointe HOA (Homeowner's Association) On June 28, 2010. RECOMMENDATION: Staff Recommends The Commission Review The Enclosed Information Regarding The Current Condition Of The Winter Springs Golf Course Lakes. Mr. Fields gave an update on the problems with overgrown vegetation along shorelines. Discussion. Commissioner McGinnis commented on all the work Staff has done on this effort and noted, "I commend you. I think you have done a great job. Your analyses, and your reports, and the time you and Zynka (Perez, Stormwater Utility Manager, Public Works Department) have spent on this is really commendable. Just keep us informed." Further discussion followed on the potential for flooding; cost - effective solutions; who the Attorney for the Winter Springs Golf Course is; and what action might be best; and what costs could potentially be. Attorney Garganese remarked, "Unless we can pinpoint a specific Violation or something, whether it is a Permit requirement or a Code requirement, this is left to this current situation where you're dealing with a private property owner that wants to leave the lakes the way they are. If the City continues to take action or if the Commission wants to take additional action, we're going to have to look at whether or not the City has the right to take additional action under that Conservation Easement." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JULY 12, 2010 PAGE 16 OF 16 Further comments followed on Code Enforcement, and the property owner. Mr. Kip Lockcuff, P.E., Director, Public Works /Utility Department briefly addressed the City Commission. ADJOURNMENT Deputy Mayor Brown adjourned the Regular Meeting at 6:23 p.m. RESPECTFULLY SUBMITTED: r^� l / A L► ' ZO- LUACES, MMC CITY; LERK APPROVED: YOR JOHN F. BUSH NOTE: These Minutes were approved at the July 26, 2010 City Commission Regular Meeting.