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HomeMy WebLinkAbout2011 07 25 Consent 200 Requesting Approval of the City Commission Regular Meeting Minutes of July 11, 2011CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JULY 11, 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- JULY 11, 2011 PAGE 2 OF 18 CALL TO ORDER The Regular Meeting of Monday, July 11, 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, absent Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance was followed by a moment of silence. No Agenda Changes were noted. 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: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. 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 11, 2011 PAGE 3 OF 18 INFORMATIONAL 101. Land Design Innovations, Inc. — City Consultant REQUEST: Presenting The Summary Report For Economic Development Activities From May 29, 2011 Through June 25, 2011. The Information In This Agenda Item Will Be Verbally Presented Under Item 300 At The July 11, 2011 City Commission Meeting. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 102. Utility Department REQUEST: Providing The City Commission With Information On The Efforts Of The Water Conservation Program. FISCAL IMPACT: Since February 2010, $4,911.50 Has Been Spent From The Water Conservation Budget To Purchase Water Savings Devices. $10,000.00 Is Budgeted In FY (Fiscal Year) 2012. The Cost To Redesign Landscaping And Irrigation Within City Properties Has Yet To Be Determined. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends The City Commission Accept This Information. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 4 OF 18 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BONNER. BRIEF COMMENTS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. In other City business, Mayor Lacey noted, "There was nothing on the Informational Agenda Item concerning the RaceTrac station because there is nothing that has been put before the City Commission concerning the RaceTrac." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department elaborated, "We had a Pre - Application with the Engineers for this potential project on October the 19 2010. At that point in time - we made them aware of the distance requirement for gas stations and we have not met with them since." Continuing, Mr. Stevenson remarked, "I want to stress that we have not seen a Plan. We don't have an Application." City Attorney Anthony A. Garganese explained, "The Commission wears a couple of hats and one is a Legislative hat in which if anybody needs an Ordinance change, a law change, the Commission acts as a Legislative body of course; and then there's the other hat that you wear that's the Quasi - Judicial hat and that is when the Commission has to handle Land Use Applications, and which require the Commission to apply the City Code and certain criteria in the City Code to an Application. Then the City Commission serves as a Quasi - Judicial body and in that capacity, you serve like a Quasi- Judge; your role is to hear all of the facts presented at a Hearing, apply the criteria and then ultimately make a decision on that criteria." CONSENT AGENDA CONSENT 200. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The June 27, 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 Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 5 OF 18 RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The June 27, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 201. Community Development Department — Urban Beautification Services Division REQUEST: Requesting That The City Commission Approve An Agreement With Eastwood Tuff Turf, Inc. In The Amount Of $64,440.00 Pursuant To Bid# ITB 004 /11 /SR For Landscape Maintenance Of The Tuscawilla Lighting And Beautification District (TLBD). FISCAL IMPACT: Approval Of The Agreement (Attachment "A ") With Eastwood Tuff Turf, Inc., At A Cost Of $64,440.00 For The TLBD (Tuscawilla Lighting And Beautification District) Landscape Maintenance Program (ITB 004 /11 /SR), Will Result In A Savings Of $21,792.00 In TLBD (Tuscawilla Lighting And Beautification District) R &M Line Code (184- 54686), As Compared To The Current Cost Of $86,232.00. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals. RECOMMENDATION: TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY BOARD: At A Special Meeting On June 22, 2011 The Advisory Board Voted Unanimously To Recommend Eastwood Tuff Turf, Inc. For Contract Award Of Bid# ITB 004 /11 /SR At A Cost Of $64,440.00. The Advisory Board Is Requesting Approval From The City Commission For The City To Contract With Eastwood Tuff Turf, Inc. For Service As Detailed In Attachment `A' To This Agenda Item. STAFF: Staff Recommends That The City Commission Approve Eastwood Tuff Turf, Inc., For Contract Award Of Bid# ITB 004 /11 /SR At A Cost Of $64,440.00, Resulting In A Savings Of $21,792.00 As Compared To The Previous Contract Cost. No discussion. CONSENT 202. Police Department REQUEST: Requests The Commission To Approve The Expenditure Of $22,752.00 Of 2011 Edward Byrne Justice Assistance Grant Funds For Law Enforcement Programs As Outlined Below. FISCAL IMPACT: The City's Portion Of This Grant Equates To $22,752.00. Our Requested Expenditure Is Equal To That Amount, Therefore, There Is No Fiscal Impact Associated With Approval Of This Item On The City Budget. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 6 OF 18 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Approve The Expenditure Of $22,752.00 From The 2011 Edward Byrne Justice Assistance Grant And Allow The Mayor To Execute Any And All Documents Related To This Agenda. This Agenda Item was not discussed. CONSENT 203. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. No discussion. CONSENT 204. Public Works Department — Stormwater Division REQUEST: Requests City Commission Authorization To Piggyback Off Orange County Florida Contract Number Y8- 1108 -J2 With Reynolds Inliner, LLC To Perform Stormwater Piping Repairs At The Fairway Oaks Pond Outfall. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 7 OF 18 FISCAL IMPACT: The Project Cost Is $38,711.20 Plus A 5% Contingency. The Funding Source Is The Stormwater Operating Fund, Line Code #3800 - 65000- 30140. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. In Addition, Residents In The Vicinity Of The Project Work Area Will Be Notified Prior To The Start Of Work. RECOMMENDATION: Staff Recommends That Authorization Be Given To The Public Works Department/ Stormwater Division To Piggyback Off Orange County Florida Contract Number Y8- 1108 -J2 With Reynolds Inliner, LLC To Perform Stormwater Piping Repairs At The Fairway Oaks Pond Outfall In The Amount Of $38,711.20 Plus A 5% Contingency Funded By The Stormwater Operating Fund, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. There was no discussion on this Agenda Item. CONSENT 205. Utility Department REQUEST: Requesting Approval To Terminate Participation In The SR (State Road) 46 Alternative Water Supply Project. FISCAL IMPACT: Authorizing Termination In The Partnership Agreement Will Reduce Future Costs To The Utility Enterprise Fund By At Least $250,000.00. The First $75,000.00 Budgeted In FY (Fiscal Year) 2012 And Phase II Future Costs Of $175,000.00 Will Be Removed From The Budget And CIP (Capital Improvement Program) Documents. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 8 OF 18 RECOMMENDATION: Staff Recommends That The Commission Authorize The Termination Of The City's Participation In The Memorandum Of Agreement With The Cities Of Casselberry, Deltona, Maitland, Oviedo, Sanford, Orange County, And The SJRWMD (St. Johns River Water Management District) For The Alternative Water Supply Project Near SR (State Road) 46 The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents Necessary To Complete The Termination. No discussion. CONSENT 206. Utility Department REQUEST: Requesting Approval To Enter Into A Contract For Construction Of The Lake Jesup Reclaimed Water Augmentation Project. FISCAL IMPACT: The Cost For Contract B — Lake Jesup Reclaimed Water Augmentation Project Is $2,325,293.30 Plus Contingency. The Final Cost For Contract A — Oak Forest Pumping And Storage Is Projected At $1,617,258.04. With The Addition Of Other Miscellaneous Costs For Engineering Support, Construction Costs For Power, And Permit Fees, And The Reduction From The 30% SJRWMD (St. Johns River Water Management District) Grant, The Final Cost To The City Is Projected To Be Approximately $3,000,000.00 As Shown Below. PROJECT BASE BID CONTINGENCY TOTAL GRANT NET COST Contract A - Oak Forest $1,562,000.00 $55,258.04 $1,617,258.04 ($485,177.41) $1,132,080.63 Contract B - Lake Jesup $2,325,293.30 $116,264.67 $2,441,557.97 ($732,467.39) $1,709,090.58 Misc, (Engineering, Fees, Power, etc.) $207,850.67 $0 $207,850.67 ($62,355.20) $145,495.47 Total $4,095,143.97 $171,522.71 $4,266,666.68 ($1,280,000) $2,986,666.680 The State Revolving Fund Loan Application Is Complete And We Expect To Receive Official Notification After The Board's August Meeting With Commission Action Occurring In September. In The Mean Time, We Have Requested A Letter To Incur Costs Which They Have Agree To Provide. All Costs Are To Be Borne By The Utility Enterprise Fund. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 9 OF 18 COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends That The Commission Authorize An Agreement With Killebrew, Inc. Of Lakeland, To Construct The Lake Jesup Reclaimed Water Augmentation Project At A Cost Of $2,325,293.30 Plus A 5% Contingency Payable From The Utility Enterprise Fund And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not discussed. CONSENT 207. Parks And Recreation Department REQUEST: Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Youth Sports Organization. The Term Of Agreement Shall Commence On August 1, 2011, And End On July 31, 2013. FISCAL IMPACT: This Agreement Will Provide To The City Of Winter Springs $11,500.00 Plus $3,000.00 In Upgrades To Central Winds Park For A Total Of $14,500.00 Per Year In FY (Fiscal Year) [20']11/[20']12 And [20']12/[20']13. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Is Recommending The Commission Authorize The City Manager To Execute The City Of Winter Springs Recreational Program Agreement With The Winter Springs Youth Sports Organization. The Term Of Agreement Shall Commence On August 1, 2011, And End On July 31, 2013. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 10 OF 18 CONSENT 208. Parks And Recreation Department REQUEST: Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Basketball League. The Term Of Agreement Shall Commence On August 1, 2011, And End On July 31, 2013. FISCAL IMPACT: This Agreement Will Provide To The City Of Winter Springs $14,000.00 In FY (Fiscal Year) [20] 11/[20']12 And [20']12/[20']13. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Is Recommending Approval To Authorize The City Manager To Execute The City Of Winter Springs Recreational Program Agreement With The Winter Springs Basketball League, Inc. The Term Of Agreement Shall Commence On August 1, 2011, And End On July 31, 2013. There was no discussion on this Agenda Item. CONSENT 209. Parks And Recreation Department REQUEST: Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Grizzlies, Inc. (Football). The Term Of Agreement Shall Commence On August 1, 2011, And End On July 31, 2013. FISCAL IMPACT: This Agreement Will Provide To The City Of Winter Springs $8,000.00 In FY (Fiscal Year) [20']11/[20']12 And [20']12/[20']13. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 11 OF 18 RECOMMENDATION: Staff Is Recommending Approval To Authorize The City Manager To Execute The City Of Winter Springs Recreational Program Agreement With The Winter Springs Grizzlies, Inc. The Term Of Agreement Shall Commence On August 1, 2011, And End On July 31, 2013. No discussion. CONSENT 210. Parks And Recreation Department REQUEST: Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Central Florida Kraze /Krush Soccer Club (CFK). The Term Of Agreement Shall Commence On August 1, 2011, And End On July 31, 2021. FISCAL IMPACT: This Agreement Will Provide To The City Of Winter Springs $33,000.00 From FY (Fiscal Year) [20']11/[20']12 Through FY (Fiscal Year) [20']21/[20']22. The Agreement Calls For The Fees To Be Reviewed For Any Needed Adjustment After Each Year. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Is Recommending Approval To Authorize The City Manager To Execute The City Of Winter Springs Recreational Program Agreement With The Central Florida Kraze /Krush Soccer Club (CFK). The Term Of Agreement Shall Commence On August 1, 2011, And End On July 31, 2021. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 12 OF 18 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Land Design Innovations, Inc. — City Consultant REQUEST: Presentation From Land Design Innovations, Inc. Updating The City Commission On Economic Development Efforts. (Follow Up Presentation From Informational Agenda Item "101 ".) Mr. John M. Jones, AICP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: asked the City Commission if there were any questions. Brief comments followed. AWARDS AND PRESENTATIONS 301. Office Of The City Manager REQUEST: The City Commission To Receive A Report From The Oviedo - Winter Springs Regional Chamber Of Commerce On Their Financial Condition; A Report On The Services They Provide To The Business Community Of Winter Springs; And A Report On What Activities Have Been Implemented That Contribute To Economic Development In Winter Springs Since Their Last Presentation In 2010 (As Required By Their Current Funding Agreement With The City). Mr. Cory Skeates, Executive Director, Oviedo - Winter Springs Regional Chamber of Commerce, 1511 East State Road 434, Winter Springs, Florida: reviewed financial information as shown on documents provided to the City Commission. With further comments on financial information, Mr. Skeates stated, "We'll continue providing those to you." Mr. Skeates then reviewed upcoming events; mentioned the Oviedo - Winter Springs Regional Chamber of Commerce's new Website that will be launched soon and will include a community calendar; and commented on Economic Development efforts. Furthermore, Mr. Skeates remarked about the Chamber's new community calendar which "Is going to allow whoever does the calendar at the City to have a `Username' and `Password' to our Website, to post any and all City events on our community calendar." Continuing, Mr. Skeates noted, "We've also invested five thousand dollars ($5,000.00) this year of our budget to hiring an outside PR (Public Relations) and Marketing firm, specifically for the promotion of the `Winter Springs Festival of the Arts'. It's going to be doing nothing but trying to drive traffic to the event this year to make it a success. Further discussion followed on signage for the Oviedo - Winter Springs Regional Chamber of Commerce location in Winter Springs. Commissioner Gary Bonner stated, "Relative to your point about the community calendar posting, I just wanted to address to the Manager - do we have our IT (Information Technology [Services]) folks working towards being able to take advantage of that posting opportunity over there at the Chamber site as well ?" Manager Smith responded, "Certainly we would take advantage of that and all opportunities to better communicate." Mr. Skeates added, "Staff has always been great. So, we're looking forward to — once we launch this new Website, being able to get with the IT (Information Technology [Services]) people and hopefully facilitate that which will take a burden off of our staff, but also be sure that the City gets exactly the events and the way they want to post it on our community calendar." Commissioner Bonner then asked about a possible date when the community calendar would be accessible, to which Mr. Skeates stated, "Probably by the 15'h." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 13 OF 18 Discussion followed on the Oviedo - Winter Springs Regional Chamber of Commerce lease and their Trustees. Mayor Lacey then mentioned that the Chamber was providing support to the Business Advocacy Group. Mr. Skeates added, "Anything that they need, if they need office space, meeting space - we're going to provide it for that group." REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Attorney Garganese advised the Commission that "Seminole County Adopted a responding Resolution to the City's initiating Resolution regarding the Annexation of Enclaves so we will go ahead and coordinate with Seminole County now and discuss the Enclave issue through negotiations and we'll keep you apprised as things develop." Secondly, Attorney Garganese noted, "The Fifth District Court of Appeal affirmed the Trial Court's decision in the City's favor regarding the Case, `Gump v. City of Winter Springs'. That's a Law Enforcement matter." REPORTS 401. Office Of The City Manager — Kevin L. Smith City Manager Kevin L. Smith said, "Just to publicly acknowledge and thank Chris Caldwell (Director, Parks and Recreation Department) and his team, the rest of the Staff, Department Heads - for the 4 th of July event this past week. I thought they did an outstanding job and I was appreciative of their hard work." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat Four — The Honorable Cade Resnick Absent. REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs stated, "I too wanted to thank the Parks and Recreation group as well as all City Staff that was there helping. It was a great 4 "' of July." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 14 OF 18 Next, Commissioner Krebs thanked Steve Richart (Urban Beautification Division Services, Community Development Department) and commented, "I have seen in the past - few months, where trees have come down in the median and the next day they are up; so, it is always really looking nice in Winter Springs. So, he is doing a great job." Commissioner Krebs inquired if Papa Tony's Italian Restaurant was moving out of Winter Springs. With brief comments, this was confirmed. Discussion followed on Public Input. "I WOULD MAKE A MOTION THAT IN LIGHT OF OUR EARLY MEETINGS WHICH IS GREAT — IT IS SOMETIMES DIFFICULT FOR PEOPLE TO MAKE IT HERE RIGHT FROM WORK AND BE HERE FOR PUBLIC INPUT; SO, I WAS WONDERING HOW THE COMMISSION FELT ABOUT A POLICY WHERE WE WOULD AT THE END OF THE MEETING, ASK IF THERE IS ANY ADDITIONAL PUBLIC INPUT, AND OPEN IT UP FOR PUBLIC INPUT." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR LACEY SUMMARIZED THE MOTION AS "TO ADD A SECOND ROUND OF PUBLIC INPUT JUST PRIOR TO ADJOURNMENT AFTER WE FINISH WITH - THE REGULAR AGENDA." MANAGER SMITH THEN STATED, "IF THAT WOULD BE THE DESIRE OF THE COMMISSION, I WOULD RECOMMEND THAT STAFF COME BACK WITH THE APPROPRIATE RESOLUTION TO AMEND OUR CURRENT RESOLUTION TO THAT EFFECT." COMMISSIONER KREBS POINTED OUT, "WE COULD MAKE THE MOTION, THAT IT IS FOR A RESOLUTION." COMMISSIONER BONNER NOTED HIS AGREEMENT WITH THIS. MAYOR LACEY ADDED, THE MOTION WAS "TO PROVIDE DIRECTION TO THE STAFF TO COME BACK WITH SPECIFIC IMPLEMENTATION LANGUAGE." VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 405. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey spoke of a recent discussion he had with the City of Oviedo's Mayor Dominic Persampiere who has asked if Winter Springs would partner with the City of Oviedo on a "Joint Holiday Parade around Christmas time." Further comments ensued on heritage and traditions, concerns of Winter Springs residents, and possible increased costs. With discussion, Mayor Lacey commented that "I will take what I heard as the Consensus of the Commission." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 15 OF 18 REPORTS 406. Office Of Commissioner Seat One /Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Jean Hovey reported, "Chris (Caldwell), great job last week! Please tell everyone in Parks and Rec[reation] they did a great job!" Deputy Mayor Hovey also commented on being a Judge at the City's recent "Winter Springs Got Talent" event. REPORTS 407. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Rick Brown thanked the Mayor and Commission and Executive Staff for their kindness while he was recuperating. REPORTS 408. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner remarked, "I too, want to echo the performance of Parks and Recreation for the July 4tn event ", and mentioned he also attended a couple of other local July 4 events. Secondly, Commissioner Bonner then spoke of economic incentive dollars available via the U.S. Highway 17/92 Community Redevelopment Agency /Redevelopment Planning Agency. PUBLIC INPUT Ms. Joyce Zabala, 1121 Arbor Glen Circle, Winter Springs, Florida: asked for the City's support for her Water Polo team's trip to a competition in California. Ms. Victoria Goldie, 100 Brookshire Court, Winter Springs, Florida: thanked the Commission for responding to her email about a possible RaceTrac gas station; noted that her home would be one of the residences closest to the potential site of a new RaceTrac gas station; mentioned her concerns with traffic, safety, crime, environmental issues; and asked that the residents be kept informed. Mr. Stevenson showed the City Commission a map with the location of the proposed project. Commissioner Brown said to Mr. Stevenson, "In that location, if they do that, that actually puts them closer than our Code to two (2) communities, is that correct? Mr. Stevenson stated, "Three (3). Actually, they're too close to Parkstone, Stone Gable, and Winding Hollow." Commissioner Brown added, "So, they would end up needing a Variance for all three (3)." Mr. Stevenson added, "A Variance on that from Section, I believe it's 20 -418 of the Code." Manager Smith then noted, "They would need this body's Approval." Ms. Patty D'Angelo, 436 Woodcrest Street, Winter Springs, Florida: remarked about some communications related a possible RaceTrac gas station, and that she did not think the suggested location was an appropriate location for such a business, and that such a venture should be in a more industrial location; and asked the City Commission to deny any Variance for this proposed project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— JULY 11, 2011 PAGE 16 OF 18 Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: addressed the City Commission on the possible RaceTrac gas station as the recent President of the Winding Hollow Homeowner's Association, provided a Petition to the City related to this issue; and noted that it was mentioned that a Code change is needed for such a gas station. Ms. Lesley Rodic, 1000 Winding Waters Circle, Winter Springs, Florida: spoke about safety concerns with a possible gas station near their subdivision; and noted her concerns with potential danger for children, people using the crosswalk, risks, and the negative impact on property values. Ms. Whitney Jackson, 1015 Winding Waters Circle, Winter Springs, Florida: supported the previous comments related to a possible new gas station; and explained she had contacted surrounding gas stations and mentioned that other area gas stations did not seem to be aware of the proposed gas station. Tape 1 /Side B Ms. Jackson continued with her comments. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney REQUEST: Requests That The City Commission Consider On Second Reading And Adopt Ordinance 2011 -09. (Oak Forest Wall And Beautification District Advisory Committee) FISCAL IMPACT: There Will Be Some Cost Savings To The City Since The City Clerk's Office And Community Development Department Be Required To Staff Such Meetings Less Frequently. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Attorney's Office Recommends That The City Commission Consider And Adopt On Second Reading Ordinance 2011 -09. Attorney Garganese read Ordinance 2011 -09 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 11, 2011 PAGE 17 OF 18 "MOTION TO APPROVE (ORDINANCE 2011 -09)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The Police Chief And Office Of The City Attorney REQUEST: Request That The City Commission Consider Ordinance 2011 -10 On First Reading. (Preemption Of Firearms Ordinance Inconsistent With Florida Statutes 790.33) FISCAL IMPACT: Effective October 1, 2011, Florida Law Will Impose Penalties On Individual Officers And Employees And Local Government Agencies Who Violate The State's Preemption. If The Ordinance Is Adopted, It Will Mitigate Against Such Penalties Being Imposed On The City And Its Officers And Employees. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The Police Chief And City Attorney Recommend The City Commission Consider And Approve Ordinance 2011 -10 On First Reading. Upon Passage On First Reading, The Ordinance Will Be Advertised For Second Reading And Final Adoption At A Subsequent City Commission Meeting. Mayor Lacey stated, "Motion to read by `Title' only ?" "MOTION TO READ BY `TITLE' ONLY." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011 -10 by "Title" only and noted, "The reason why this Ordinance is coming to you is because this past Legislative session, Florida Legislature Adopted House Bill 45." Continuing, Attorney Garganese added, "House Bill 45 effective October 1, will now impose personal liability on City Officials and employees who willfully and knowingly violate this pre - emption." Furthermore, Attorney Garganese remarked, "This Ordinance proposes several Amendments to the City Code regarding firearms in order to eliminate them from the Code." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— JULY 11, 2011 PAGE 18 OF 18 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 MOVE (ORDINANCE 2011 -10) TO SECOND READING." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used. In other City business, Mayor Lacey spoke of the upcoming Budget Workshops and noted the first scheduled Workshop is set for Thursday, July 21, 2011. Manager Smith added, "The Budget is on line." ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:08 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 1 2011 City Commission Regular Meeting.