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HomeMy WebLinkAbout2011 02 28 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAV, FEBRUARV 28, 2011 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 2 OF 18 CALL TO ORDER The Regular Meeting of Monday, February 28, 2011 of the City Commission was called to Order by Mayor Charles Lacey 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 Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. AWARDS AND PRESENTATIONS - PART I AWARDS AND PRESENTATIONS 300. Office Of The City Manager Requesting The Mayor And City Commission Receive A Presentation From Mr. John Lewis, Chief Executive Officer And Mr. J. Marsh, Chief Of Government Affairs With LYNX (The Central Florida Regional Transportation Authority). Mr. John M. Lewis, Jr., Chief Executive Officer, LYNX, 455 North Garland Avenue, Orlando, Florida: addressed the City Commission regarding transportation services, long-range plans, new vehicles, and a Partnership with the University of Central Florida. With further comments on ridership along State Road 434, Mr. Lewis stated, " I wanted to announce that we will be adding eleven (11) new shelters to that route." AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presenting Employee Recognition Awards To City Of Winter Springs Employees. With the assistance of the Mayor and City Commission, City Manager Kevin L. Smith presented Employee Recognition Awards to the following City of Winter Springs Employees who were in attendance at this meeting, in the order as noted below: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 3 OF 18 5 Years Of Service: Mr. AJ Wilkins, Parks and Recreation Department; Corporal Brad Heath, Police Department; Mr. Brian Dunigan, Parks and Recreation Department; Mr. Brian Fields, Public Works Department; Ms. Donna Bruno- Borelli, Finance and Administrative Services Department; Ms. Eileen Garner, Finance and Administrative Services Department; Mr. Joe Alcala, Information Services Department; Mr. Kevin Monser, Utility Department; Ms. Kim Trench, Community Development Department; Corporal Kristin Herwick, Police Department; Corporal Matt Scovel, Police Department; Mr. Rafael Diaz, Utility Department; Mr. Randy Stevenson, Community Development Department; Mr. Ron Kandzer, Information Services Department; Lance Corporal Scott Murray, Police Department; Ms. Shelly Brana, Police Department; Ms. Theresa Rodriguez, Police Department; and Mr. Seth Clayton, Parks and Recreation Department. 10 Years Of Service: Mr. Clifton Mullis, Utility Department; Corporal Daniel Accomando, Police Department; Corporal John Maxwell, Police Department; Corporal Keith Whitmore, Police Department; Lieutenant Matt Tracht, Police Department; Mr. Richard Domenech, Utility Department; and Ms. Roseann Prick -el, Finance and Administrative Services Department. 15 Years Of Service: Mr. David Kerr, Utility Department; Ms. Terri Guerra, Police Department; Detective Tracy Fugate, Police Department; and Ms. Zynka Perez, Public Works Department. 20 Years Of Service: Mr. Miguel Sanchez, Utility Department; and Mr. Stephen Baggs, Utility Department. 25 Years Of Service: Mr. Don Cheney, Utility Department; Ms. Ellen Simpson, Police Department; Captain Mike Noland, Police Department; and Mr. Richard Brook -over, Utility Department. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 4 OF 18 COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. INFORMATIONAL 101. Public Works Department REQUEST: Providing Information To The City County To Provide A List Of Transportation Needs. Commission Regarding A Request From Seminole FISCAL IMPACT: The City Was Only Requested To Provide A Transportation Project List And There Is No Fiscal Impact Associated With This Activity. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Recommends That The City Commission Review And Accept The Information In This Agenda Item. Brief discussion followed with Mr. Fields on funding. INFORMATIONAL 102. Public Works Department REQUEST: Providing Information To The City Commission Regarding The Status Of The Solary Canal Regional Stormwater Treatment Area. FISCAL IMPACT: The Project Construction Is Funded 100% By The St. Johns River Water Management District. In Accordance With The Terms Of The Construction Funding Agreement Between The City And The District, The City Invoices The District Monthly During The Construction Period And The District Reimburses The City Within 45 Days Of Receipt Of An Approved Invoice. The District Has Fully Reimbursed The City For All Construction Expenditures To Date, And The District Will Be Responsible For Reimbursing The City For The Final Invoice From Wal-Rose When It Is Received By The City And Submitted To The District For Payment. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 5 OF 18 COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: Staff Recommends That The City Commission Review And Accept The Information In This Agenda Item. No discussion INFORMATIONAL 103. Community Development Department — Planning Division And Public Works Department — Engineering Division REQUEST: In Conjunction With The Bicycle And Pedestrian Advisory Committee (BAPAC) Wish To Inform The City Commission Of Their Intention To Apply For A 2011-2012 Community Development Block Grant (CDBG) For $300,000.00 For Sidewalk Funding Within The Area Between Sheoah Blvd (Boulevard)/ MacGregor Rd (Road) (On The West), S.R. (State Road) 419 (On The North), Sherry Av (Avenue) (On The East), And S.R. (State Road) 434 (On The South). FISCAL IMPACT: The 2011-2012 CDBG Request Is For $300,000.00 In Federal Funding To Provide Approximately 1.6 Linear Miles Of 5' Sidewalk. In Kind Funding For Project Design, Management, Administration, And Construction Inspection Will Be Provided By Staff. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. Tentative Implementation Schedule: March 4, 2011 - CDBG Application Due October 2011 - Selected Projects Receive CDBG Funding (Subject To Federal Funding). RECOMMENDATION: Staff Along With The BAPAC Wishes To Inform The City Commission Of Their Pursuit Of CDBG Funding For Sidewalks. This Agenda Item was not discussed. Mayor Lacey stated, "Motion to Approve Informational (Agenda)?" "SO MOVED." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 6 OF 18 ❖ ❖ AGENDA NOTE: THE CONSENT AGENDA WAS DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER THAT IS DOCUMENTED. ❖❖ CONSENT AGENDA CONSENT 200. Community Development Department REQUEST: Requesting Authorization To Have Progress Energy Install Eight (8) Street Lights In The City Right -Of -Way Bordering The Choices In Learning Charter School At A Capital Cost Of $5,176.69 And An Estimated Annual Expenditure Of $4,680.00 To Operate The Street Lights. FISCAL IMPACT: Since This Expenditure Was Not Funded In The FY '11 Budget, Capital Costs For The Project In The Amount Of $5,176.69 Will Be Transferred From Winter Springs Town Center R&M Line Code (1525-54644-60003) To Streetlighting Fund Infrastructure Line Code (1526-63100). Funding For This Expenditure Is Available For Transfer From Line Code (1525-54644-60003) As A Result Of A Reduction In Cost Of The Landscape Maintenance For Blumberg Boulevard, After The Contract Was Competitively Bid In The Fourth Quarter Of FY '10. Funding For Operational Costs In The Amount Of $2,000.00 For May 1 Through Sept 30, 2011 Is Currently Available In The FY '11 Streetlighting Line Code (1526-54312), As A Result Of A Progress Energy Price Reduction That Took Effect January 1, 2011 (See City Commission Agenda Item 204, February 14, 2011). The Re -Occurring Operations Cost For This Project Is Estimated At $4,680.00 Annually And Will Be Included In The Upcoming FY'12 Budget. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Further, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: The Community Development Department Recommends That The City Commission Approve Progress Energy Lighting Proposal WR #3529300 To Install Eight (8) Street Lights In The City Right -Of -Way Bordering The Choices In Learning Charter School At A Capital Cost Of $5,176.69, With An Estimated Re -Occurring Cost Of $4,680.00 Per Year To Operate The Street Lights As Defined In Attachment `A'. If Approval Is Granted, Staff Recommends The City Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Required For This Project. This Agenda Item was not discussed. CONSENT 201. Finance And Administrative Services Department REQUEST: Requests Commission To Approve The Rebalancing Of The City's Core Cash Portfolio And To Authorize The City Manager To Execute Any And All Applicable Documents. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 7 OF 18 FISCAL IMPACT: This Rebalancing Will Produce A Portfolio With An Average Duration Of Z .79 Years/288 Days And An Average Return Of .53% And An Annual Increase Of Approximately $50K-$75K In Investment Income. The New Portfolio Will Maintain The Appropriate Liquidity Without Reducing The Credit Quality. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. Furthermore, The Following Has Also Been Completed To Further Communicate The Information In This Agenda Item: 1) Copies Of This Agenda Will Be Sent To PFM For Investment Action. RECOMMENDATION: It Is Recommended That Authorization Be Granted To Rebalance The City's Investable Funds And Increase The Average Duration To Approximately .79 Years. Additionally, Authorize The City Manager And Finance And Administrative Services Director To Prepare And Execute The Necessary Documents. Brief discussion CONSENT 202. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The February 7, 2011 Attorney -Client Session Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The February 7, 2011 Attorney -Client Session Minutes. No discussion CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 8 OF 18 CONSENT 203. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The February 14, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The February 14, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. Mayor Lacey asked for a "Motion to Approve Consent Agenda?" "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS - PART II AWARDS AND PRESENTATIONS 302. Not Used. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese stated, "We filed a Motion to dismiss on behalf of the City in the Atlantic (Housing Partners, LLP) Case on Friday — we'll circulate to you all and the Manager." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 9 OF 18 REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith commented on an annual customer satisfaction survey related to garbage collection services and asked if the Mayor and City Commission had any additional questions they would like added to the next Survey. Commissioner Gary Bonner suggested the question, "Is your container damaged?" Manager Smith stated, "Will do." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Jean Hovey commented on a 2011 Citizen's Issue Survey from Representative Chris Dorworth. Discussion. Commissioner Joanne M. Krebs said that she would get in touch with Representative Chris Dorworth and noted, "I will bring back some information." REPORTS 404. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Rick Brown commented briefly on citizen surveys. REPORTS 405. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner commented on interacting with other Elected Officials and how he tries to clarify if he is speaking on behalf of the City or as an individual. REPORTS 406. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Cade Resnick stated, "I attended the Babe Ruth event this past weekend and it was a very good event." Commissioner Resnick then thanked the City and the Babe Ruth organization for holding this event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 28, 2011 PAGE 10 OF 18 REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Brief comments. REPORTS 408. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey commented that the proposed 3rd generation Sales Tax was discussed at a recent Mayors and Managers meeting. Secondly, Mayor Lacey mentioned that the City of Oviedo and the "oviedo marketplace" have agreed to do a 4tn of July event at the "oviedo marketplace" this year, and have asked if we would like to participate. Commissioner Krebs, Deputy Mayor Hovey, and Commissioner Resnick said they would not be in favor of participating. Commissioner Brown noted he had no preference. Next, Mayor Lacey mentioned that the first meeting of the Joint Economic Development Task Force was just held and that he was impressed with the Task Force Members. Mayor Lacey then stated, "There was some concern, more than some, about how the Sunshine Law would apply to them in doing their jobs, working on the (Joint Economic Development) Task Force, because we have got people who talk on a daily basis about Economic Development activities." Mayor Lacey added, "Anthony (Garganese) took away some actions on how to address those issues so there may be some more of those concerns coming back that we need to address as their own Attorney's evaluate their role on the (Joint Economic Development) Task Force." Tape 1/Side B Mayor Lacey updated the City Commission on processing of documents related to CSX Corporation. Lastly, Mayor Lacey explained that "UCF (University of Central Florida) and SEMATECH have rechristened the group that is handling that project, so you are going to start to see some re -branding of that — the actual company that is going to be receiving the Award, we hope, is called PVMC (Photovoltaic Manufacturing Consortium); so, in public comments, we should be using that acronym, PVMC (Photovoltaic Manufacturing Consortium) instead of SEMATECH." Further comments. ❖❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. ❖ ❖ REPORTS REPORTS 404. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown stated, "I just wanted to commend and to thank both Kevin (Smith) and Chris Caldwell (Interim Director, Parks and Recreation Department) and their teams for the excellent event on Saturday — it was just extremely well received." Commissioner Brown added, "It went flawlessly, so another fine job by our Staff." Mr. Caldwell briefly addressed the Mayor and City Commission CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 11 OF 18 PUBLIC INPUT Ms. Brenda Hayes Brown, 211 Nandina Terrace, Winter Springs, Florida: spoke about incorrect City information being relayed by a resident from a neighboring City related to local Winter Springs businesses, including her own business; residents asking Developers to derail projects; changes in a Seminole County High School Culinary program; and letters from residents. Mr. Paul Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: commented on promoting the Town Center and original Town Center Master Plan documents; and mentioned a survey that the Hidden Harbor restaurant had done. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney REQUEST: Requests That The City Commission Approve And Adopt On Second Reading Ordinance 2011-05, Which Establishes A Uniform Time For The Adjournment Of All City Board And Committee Meetings. FISCAL IMPACT: There May Be Nominal Fiscal Impact Associated With This Item In Connection With The Administrative/Personnel Costs Of Staffing Board And Committee Meetings. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Further, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. RECOMMENDATION: The City Attorney Requests That The City Commission Approve And Adopt Ordinance 2011-05 On Second Reading. Attorney Garganese read the Ordinance by "Title" only. Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE (SECOND READING AND APPROVAL OF ORDINANCE 2011-05)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 12 OF 18 VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Requests The City Commission Consider The Concept Plan For A Proposed 4,000 Square Foot (SF) One -Story Retail Building For A Pool Supply Store And A Detached 800 SF One -Story Drive- Thru Ice Cream Shop On A 0.73 Acre Crescent Shaped Site Within The Town Center. FISCAL IMPACT: • The Undeveloped Property Currently Pays $4,623.00 In Total Property Taxes. The City Receives Approximately 14% Of This Total, Or $647.00. • Staff Has Estimated The Taxable Value Of Both Buildings As $432,000.00. This Would Generate Ad -Valorem Taxes In The Amount Of Approximately $1,116.00. • On January 24, 2011, The City Commission Directed Staff To Process This Concept Review And Waived The $500.00 Fee. • The Special P & Z Board Meeting Was Scheduled Solely For The Applicant's Proposed Concept Plan. COMMUNICATION EFFORTS: This Agenda Item Has Been Placed In The City Hall (Lobby) Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, 1. A Substantial And Conspicuous Sign Was Erected At The Site To Notice The Planning & Zoning Board Special Meeting. RECOMMENDATION: The Planning And Zoning Board And Staff Recommend Denial Of The Concept Plan, Since It Is Inconsistent With Both The Comprehensive Plan And City Code. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. Mr. Roy Pugsley, 306 Windcliffe Court, Oviedo, Florida: as the owner of the Pinch A Penny store, Mr. Pugsley commented on his Visa ending in three (3) years and the investment related to this project. Mr. Paul Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: as a colleague of Mr. Pugsley, Mr. Partyka spoke on Concept review and the Winter Springs Town Center. Commissioner Krebs asked Mr. Partyka about some comments he had made at a recent Planning and Zoning Board/Local Planning Agency meeting. While showing the City Commission documents related to the Winter Springs Town Center, Mr. Partyka then spoke on the Winter Springs Town Center, the vision, and walkability. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 28, 2011 PAGE 13 OF 18 While commenting on Pro Forma rates, Mr. Partyka stated, "I give credit to Randy Stevenson, (Director, Community Development Department), the City Manager in terms of doing a study on what we call less than one (1) acre parcels or irregular shaped parcels." Further comments followed. Mr. Partyka then commented on irregular shaped parcels, economic models, waiving Town Center rules and suggested changing the boundaries. Discussion. Mr. Stevenson addressed the City Commission. Commissioner Krebs asked Mr. Stevenson, "Do you agree that that is just totally not feasible for that piece of property to have a two story?" Mr. Stevenson stated, "I don't think I have enough information to base an opinion, at this point." Commissioner Krebs then asked Mr. Stevenson if he could get some information on this. Mr. Stevenson responded, "Certainly, I believe we could." Tape 2/Side A Discussion. Attorney Garganese remarked generally, "There are several issues — one of the primary issues that they're wrestling with is their financial ability to do a two (2) story building on this property. Under the Comprehensive Plan designation for the Urban Business District, all properties within the Urban Business District must have a minimum two (2) story building. Well, right now, the Urban Business District Boundary is the same as the Town Center boundary. The Town Center Comprehensive Plan provision doesn't mention anything about a minimum two (2) story building, so the minimum two (2) story building has to do with the boundary of the Urban Central Business District, and one of the points Mr. Partyka is making is perhaps making that boundary of the Urban Central Business District smaller and more centralized; and if that was the case, and it excluded this property, then they would no longer have to worry about the Comp [rehensive] Plan policy, minimum two (2) story building. But, then, there are other issues about complying with the Town Center on all of the design guidelines which is a totally separate issue." Attorney Garganese then added, "The other whole issue as Commissioner Krebs indicated is — the pool store authorized as a matter of right? Right now, it is not. They would have to come in and get a Special Exception and then they would have to have that whole Public Hearing process, and whether or not, that Use would be acceptable for this specific property." Regarding the different issues, Attorney Garganese noted, "The fundamental one that keeps coming up is the minimum two (2) story building in the Urban Central Business District." Continuing, Attorney Garganese remarked, "Just as a point of history, the Urban Central Business District boundary was a proposal from James Doran Company when they were thinking about doing Phase II of the Town Center, near McDonalds and one of the reasons why the Commission and I felt the Urban Central Business District boundary was important. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 14 OF 18 And the reason why it was Adopted is because — if you establish an Urban Central Business District, you get to increase the intensity and densities at a higher level which would allow more intense development without having to go through the DRI (Developments of Regional Impact) process. You get a fifty percent (50%) or a hundred percent (100%) increase in the DRI (Developments of Regional Impact) thresholds, if you had an Urban Central Business District established in your Comprehensive Plan." Mayor Lacey inquired, "If it is deemed that this is a one (1) story building, and the Urban Central Business District requires a two (2) story building by Comp[rehensive] Plan, does this Commission have the authority anywhere to make an exception to that?" Attorney Garganese explained, "The way the Comp[rehensive] Plan is written today, the answer is in my opinion, `No. You need to have a minimum two (2) story on the principal structure; accessory buildings can be one (1) story'." Discussion followed on other parcels of land; Heritage Park; Mr. Pugsley's interest in developing his land; whether this proposed business would be a suitable Use next to the new Charter School; and supporting businesses. Commissioner Brown spoke for the Record on his interest in having Mr. Pugsley's business in Winter Springs. "MOTION TO DENY - DUE TO THE FACT THAT YOU CAN'T APPROVE IT, CURRENTLY AS IT STANDS." MOTION BY COMMISSIONER KREBS. MOTION DIED FOR LACK OF A SECOND. "I WILL MAKE A MOTION THAT WE ASK STAFF TO WORK WITH MR. PUGSLEY AND HIS REPRESENTATIVE, MR. PARTYKA AND WITH THE ATTORNEY AS NECESSARY, TO COME BACK WITH A WAY THAT WE CAN LOOK AT MOVING THIS FORWARD AND MAKING THIS HAPPEN; IN LIGHT OF THE FACT THAT WE CAN'T VOTE IN OPPOSITION TO OUR COMP(REHENSIVE) PLAN. WE CAN CERTAINLY VOTE TO HAVE A SERIOUS LOOK AT THIS AND HOW WE CAN WORK WITHIN THE BOUNDARIES THAT WE ARE CURRENTLY IN; WHAT IT WILL TAKE TO CHANGE THOSE THINGS AND MAYBE IN CONCERT WITH LOOKING AT THE OVERALL TOWN CENTER AND WHAT WE DO WITH THOSE SMALL IRREGULAR LOTS." MOTION BY COMMISSIONER BROWN. MOTION DIED FOR LACK OF A SECOND. Discussion. "I WOULD LIKE TO MOTION THAT WE POSTPONE ITEM `600' PENDING STAFF AND COUNSEL REVIEW OF CONCEPTS, WITH THEMSELVES AS WELL AS WITH THE APPLICANT." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MANAGER SMITH SAID, "FOR CLARITY, IS THE DIRECTION OF THIS COMMISSION THAT WE WORK WITH MR. PARTYKA AND MR. PUGSLEY TO A) TRY TO FIND A WAY TO MAKE THIS PROJECT VIABLE WITHIN OUR CURRENT COMP(REHENSIVE) PLAN AND CODES OR B) LOOK FOR OPPORTUNITIES TO TWEAK OUR CURRENT COMP(REHENSIVE) PLAN AND CODE FOR RECOMMENDATION TO THIS BODY, FOR POTENTIAL ACTION TO ALLOW THE PROJECT TO BE VIABLE." FURTHER DISCUSSION. "I WOULD LIKE TO MOTION TO AMEND MY MOTION TO POSTPONE THIS AGENDA ITEM UNTIL A FUTURE DATE UNCERTAIN." MOTION BY COMMISSIONER BONNER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 15 OF 18 MANAGER SMITH ELABORATED ON HIS MOST RECENT COMMENT AND SAID, "I WOULD STRONGLY RECOMMEND TO THIS COMMISSION THAT IF THE OPTION IS B), TO LOOK FOR OPPORTUNITIES TO AMEND OR TWEAK THE TOWN CENTER CODE; THAT IT BE NOT SPECIFIC TO THIS PROJECT, BUT BE IN THE GLOBAL SENSE OF THE OVERALL GOOD FOR THE TOWN CENTER; AND STAFF WOULD BE HAPPY TO DO THAT. IF WE DO THAT ROUTE, I WOULD RECOMMEND THAT WE COME BACK AND HAVE THAT DISCUSSION IN A WORKSHOP TYPE FORMAT." MAYOR LACEY RESTATED THE MOTION, "THE MOTION AS AMENDED WITHOUT OBJECTION IS TO POSTPONE ITEM `600' INDEFINITELY AND I WOULD SUGGEST THEN IF WE PASS THIS MOTION, THEN WE ENGAGE IN A LITTLE FURTHER DISCUSSION TO GIVE THE CITY MANAGER THE CLARITY HE WAS ASKING FOR ON HOW TO PROCEED." SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE STATED, "SINCE YOU DO HAVE AN APPLICATION THAT'S PENDING BEFORE YOU, THE MOTION IS TO POSTPONE INDEFINITELY. THAT DOESN'T GIVE ANY CERTAINTY TO THE APPLICANT; SO, I WOULD ASK THE APPLICANT — DO YOU HAVE ANY ISSUES WITH THE COMMISSION POSTPONING YOUR APPLICATION INDEFINITELY OR ALTERNATIVELY — OR WOULD YOU PREFER AN UP OR DOWN VOTE ON THE APPLICATION THAT'S PENDING BEFORE THE COMMISSION THIS EVENING?" MR. PARTYKA RESPONDED, "I THINK WE'VE TALKED THIS ONE THROUGH. INDEFINITELY, WE ASSUME THAT'S GOING TO BE TAKING A PRACTICAL POSITION AND BE WORKED ON AS QUICKLY AS POSSIBLE; SO, WE WOULD TAKE THAT POSITION TO POSTPONE IT RATHER THAN REJECT." ATTORNEY GARGANESE REMARKED, "SO, YOU HAVE NO OBJECTIONS THEN." NO OBJECTIONS WERE VOICED. MAYOR LACEY SAID, "YOU HAVE NO OBJECTIONS TO US PROCEEDING ON THIS VOTE THEN?" ATTORNEY GARGANESE RESPONDED, "BASED ON THE APPLICANT'S REPRESENTATION TO YOU THAT THEY HAVE NO OBJECTION..." MAYOR LACEY ADDED, "...SO, IT IS IN THE RECORD..." ATTORNEY GARGANESE ADDED, "...YOU'RE OKAY. IT'S IN THE RECORD." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Discussion. "A MOTION TO DIRECT STAFF — WITH THE ASSISTANCE OF COUNSEL, TO LOOK AT THE CURRENT BOUNDARY OF THE CENTRAL URBAN BUSINESS DISTRICT FOR THE TOWN CENTER AND BRING BACK TO THIS BODY ANY RECOMMENDATIONS THAT THEY MAY CHOOSE TO BRING FORWARD." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2011 PAGE 16 OF 18 DISCUSSION. MAYOR LACEY SAID TO COMMISSIONER BONNER, "IT MIGHT BE EASIER TO VOTE ON THIS, IF WE HAD THE COMPREHENSIVE PICTURE PUT IN FRONT OF US. IF THERE IS MORE TO WHAT YOU WANT TO ADD AFTER THIS, I WOULD LIKE TO HEAR IT BEFORE WE VOTE ON IT." CONTINUING, MAYOR LACEY NOTED, "I THINK IT IS APPROPRIATE UNDER THE DISCUSSION OF THIS MOTION BECAUSE IT MAY BE THAT WE WANT TO AMEND THE PRIMARY MOTION - TO ADD IN THE OTHER FACTORS IF THEY ARE RELATED." COMMISSIONER BONNER ADDED, "THE OTHER ISSUE THAT IS BEFORE US IS THE MATTER OF IRREGULAR SHAPED LOTS AND ANY CONSIDERATION OR EXCEPTION THAT MAY BE APPLIED TO IRREGULAR SHAPED AND SIZE LOTS." COMMISSIONER BONNER ADDED THAT A DEFINITION WOULD BE NEEDED, AND "TO GO THROUGH THE PARCEL REVIEW WHICH I UNDERSTAND IS TAKING PLACE IN ORDER TO SAY THE FOLLOWING PARCELS AS RECOMMENDED BY STAFF, ARE GOING TO FALL INTO THAT CATEGORY AND THEREFORE, THOSE PARCELS ARE GOING TO BE SUBJECTED TO THE FOLLOWING RECOMMENDED CHANGES TO CODE AND ORDINANCE." MAYOR LACEY SAID, "WE ARE PROBABLY HEADED TOWARD THE CULMINATION OF THIS BEING A WORKSHOP WHERE WE HASH ALL THIS OUT AND I THINK BOTH THOSE TOPICS WOULD BE UNDER THAT SAME WORKSHOP; SO MY VIEW IS THAT WE ARE ASKING STAFF TO DO BOTH OF THOSE TWO (2) THINGS. IT IS ALL REALLY ONE (1) PROJECT FROM THEIR POINT OF VIEW, CULMINATING IN A SINGLE WORKSHOP." MANAGER SMITH COMMENTED, "I WOULD STRONGLY RECOMMEND THAT WE DO ADDRESS THIS IN A WORKSHOP TYPE FORMAT. AS COMMISSIONER BONNER ARTICULATED, WHAT IS A SMALL AND IRREGULAR SHAPED LOT? WHAT ARE THE BOUNDARIES OF THE UCBD (URBAN CENTRAL BUSINESS DISTRICT)? AND THEN MORE IMPORTANTLY - IF A SMALL AND IRREGULAR SHAPED LOT IS EXEMPT, TO USE THAT TERM LOOSELY - TO THE TOWN CENTER GUIDELINES, WHAT GUIDELINES ARE APPLIED ONTO IT? WHAT ZONING IS THERE?" FURTHER DISCUSSION. COMMISSIONER BONNER STATED, "I WITHDRAW MY MOTION." WITH NO OBJECTIONS. THE MOTION WAS WITHDRAWN. "I WOULD LIKE TO MAKE A MOTION TO DIRECT THE MANAGER AND STAFF AND COUNSEL TO CONVENE A WORKSHOP; AND THIS WORKSHOP IS TO ADDRESS THE TOWN CENTER URBAN BUSINESS DISTRICT BOUNDARY AS WELL AS IRREGULAR AND ODD SIZED AND SHAPED LOTS, AND ALL CORRESPONDING CODES AND ORDINANCES; HOPEFULLY RESULTING IN SOME NEW DIRECTION ON THE GOVERNANCE OF SAME." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 28, 2011 PAGE 17 OF 18 VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Further brief comments. REGULAR 601. Office Of The City Manager REQUEST: Requesting That The City Commission Set Two FY (Fiscal Year) 2012 Budget Workshop Dates, For Consideration Of 1) City's Pension Plan And 2) The Overall FY (Fiscal Year) 2012 Budget. FISCAL IMPACT: Early Implementation Of Pension Plan Changes For FY (Fiscal Year) 2011 Would Impact FY (Fiscal Year) 2011 Pension Costs. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. Furthermore, The Following Will Be Completed To Further Communicate The Information In This Agenda Item: • The 2012 Budget Calendar Which Is On The Website Will Be Updated To Reflect The Two Workshops • The City Calendar Will Be Updated To Reflect The Two Workshops RECOMMENDATION: City Manager Recommends That The City Commission Establish The Above - Mentioned Workshop Dates. Tape 2/Side B Manager Smith opened the discussion on this Agenda Item Discussion ensued. As to a Workshop on the Budget, Mayor Lacey suggested, this be held before a City Commission Regular Meeting and asked, "Can we start at 4:30 p.m., to make sure we have enough time on (Monday) April 25tn (2011)." Commissioner Krebs stated, "Fine." Commissioner Bonner also agreed. There were no objections voiced. Regarding a Workshop on the Pension Plan, Mayor Lacey suggested, "(Tuesday) April 12'h (2011), five o'clock?" Hearing no objections, this date and time was confirmed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 28, 2011 PAGE 18 OF 18 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:37 p.m. RESPECTFULLY SUBMITTED: LEA LORENZO-LUACES, MMC CLERK APPROVED: NOTE: These Minutes were approved at the March 14, 2011 City Commission Regular Meeting.