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HomeMy WebLinkAbout2011 04 25 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAV, APRIL 25, 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 - APRIL 25, 2011 PAGE 2 OF 19 CALL TO ORDER The Regular Meeting of Monday, April 25, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:16 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 held, followed by the Pledge of Allegiance. 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. There was no discussion on this Agenda Item. INFORMATIONAL 101. Police Department REQUEST: Informing The Commission It Has Applied For Grant Assistance Through The Florida Department Of Transportation Totaling $51,592.00. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 3 OF 19 FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. These Grants Are Designed To Be Self Sustaining Without The City Having To Supply Any Funds. 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. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion INFORMATIONAL 102. Police Department REQUEST: Wishes To Provide The Commission With A Review And The Results Of Closing The Citizens On Patrol Grant 2010-JAGD-SEMI-3-4Y-066 In The Amount Of $5,198.63. 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. Mayor Lacey stated, "Motion to Approve Informational (Agenda)?" "MOTION TO APPROVE (INFORMATIONAL AGENDA)." 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 - APRIL 25, 2011 PAGE 4 OF 19 CONSENT AGENDA CONSENT 200. Public Works Department REQUEST: Requesting Authorization To Purchase One (1) Elgin Pelican Used Street Sweeper. FISCAL IMPACT: The Combined Cost Of Contracted Street Sweeping And Supplemental Sweeping With City Equipment Will Be Less Than The Cost Of Purchasing A Replacement Sweeper And Using City Staff For Street Sweeping. The Equipment Purchase Of $9,500.00 Would Come From A Supplemental Appropriation From The Stormwater Utility Fund Reserves Which Has Adequate Reserves. The Replacement Street Sweeper At $150,000.00 Would Be Removed From The Stormwater Capital Improvement Program. 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 That Authorization Be Granted For A Supplemental Appropriation From Stormwater Utility Fund Reserves To Purchase An Elgin Pelican YR 2004 P-Series Used Street Sweeper From Pat's Pump & Blower At A Cost Of $9,500.00 Payable From The Stormwater Fund - Line Code 3800-64000. Commissioner Gary Bonner stated, "I just wanted to give compliments to Staff on what I think is an outstanding effort of trying to balance the goals and the resources and the service. The item was well written." Commissioner Bonner added that he appreciated the different decisions made and remarked, "I don't know who on your Staff Kip (Lockcuff, P.E., Director, Public Works/Utility Departments) did the homework, but it was an excellent, excellentjob!" Further comments. Commissioner Bonner added, "I just wanted to pay my compliments to Staff for what I think is a really, really good recommendation. Thank you." Mr. Lockcuff said, "Thank you and Zynka Perez (Stormwater Utility Manager, Public Works Department) did the research on this." Commissioner Bonner added, "Please tell Zynka (Perez) thank you from us. CONSENT 201. Community Development Department REQUEST: Requests The City Commission Approve A 6 Month Extension For A Conditional Use Approval And Setback Waiver Which Permitted The Expansion Of A 530 Square Foot Detached Garage On A 1.14 Acre Property Located At 115 West Tradewinds Road. These Requests Were Approved By The City Commission On June 8, 2009 As Items 502 And 503. FISCAL IMPACT: No Funding Required. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 5 OF 19 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 Approve A Six Month Extension For The Conditional Use And Setback Waiver For 115 West Tradewinds Road. This Agenda Item was not discussed. CONSENT 202. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The April 11, 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. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The April 11, 2011 City Commission Regular Meeting Minutes. No discussion. CONSENT 203. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The April 12, 2011 City Commission Workshop Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 6 OF 19 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: The City Commission Is Respectfully Requested To Approve The April 12, 2011 City Commission Workshop Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager Presentation Of Resolution Number 2011-13 Recognizing Mr. Mike Goodall For His 22 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. Resolution 2011-13 was read by Mayor Lacey. Joining Mayor Lacey for the Presentation included the City Commission, City Manager Kevin L. Smith, and Mr. Lockcuff. Mr. Mike Goodall was commended and congratulated for his dedicated service to the City. AWARDS AND PRESENTATIONS 301. Office Of The Mayor Presenting A Proclamation Proclaiming April 30, 2011 As "Arbor Day" In The City Of Winter Springs. With Consensus of the City Commission, Mayor Lacey noted that this Proclamation would be read at the upcoming Arbor Day event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 7 OF 19 REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese said, "This past Tuesday, as I indicated to each of you, the Federal District Court, after an all day Hearing, denied Plantiff's (Atlantic Housing et al) Expedited Request for a Preliminary Injunction." Attorney Garganese mentioned that he would possibly be asking that an Attorney -Client Session be held. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith commented on the upcoming Special Meeting with the Board of Trustees and asked about the Commission's preference related to seating arrangements. With suggestions of using tables on the floor of the Chambers, or tables in the lobby and concerns with microphones and audio streaming the meeting, Commissioner Joanne M. Krebs asked if both boards could be seated close together. With further comments, it was agreed that the City Commission would be seated on the dais and the Board of Trustees would be seated at the table in front of the dais. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces reviewed with the Mayor and City Commission a new listing of streets that correlates with Commission Districts. Mayor Lacey mentioned, "Another customer service enhancement." REPORTS 403. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs asked if there was further information related to the CSX Corporation. Mr. Lockcuff spoke on this matter. Mayor Lacey said that Ms. Fran McDonald in Seminole County Commissioner Bob Dallari's Office deserved our appreciation for her efforts in helping with some of the CSX Corporation related Approvals that were recently obtained. Commissioner Krebs stated, "I want to thank all of those who showed up at Tri-County (League of Cities)" last week. Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 8 OF 19 REPORTS 404. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey mentioned that the newly formed economic group currently known as the Business Advocacy Group has met and they are "Encouraging what they call a concierge service which I have always referred to as Ombudsman for someone in the City to be able to hand carry business issues through the labyrinth that is City Hall and so they will be making some recommendations along those lines and I think they are pretty much in sync with what our City Manager has been planning on doing anyway." Secondly, Mayor Lacey mentioned that at the last Mayor and Managers meeting, the City of Oviedo presented some information related to their efforts on expedited permitting process at their City. Mayor Lacey added, "I think that is also in concert with things that Randy (Stevenson, ASLA, AICP, Director, Community Development Department) has talked to us about before and that he is supposed to be bringing forward to us here, sometime soon; about how we can do process improvement for everything we are doing through his Department." Further comments. REPORTS 405. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Jean Hovey again offered her thanks to City Staff and stated, "Thank you all for what you do." Next, Deputy Mayor Hovey asked if Commissioner Krebs had any further information on the TABOR Bill. Brief discussion followed. REPORTS 406. Office Of Commissioner Seat Two — The Honorable Rick Brown No Report. REPORTS 407. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner mentioned that he was pleased to represent Winter Springs at the countywide Regional Planning Authority held on the 2 1 " of April 2011 and commented, "As we know, the (U.S. Highway) 17/92 CRA (Community Redevelopment Agency) does border our City on the western border and there are a number of properties that are potential candidates for this RPA (Redevelopment Planning Agency) funding. The current available budget as it was explained to us by the Administrator is approximately $1.3 million dollars ($1,300,000.00) in available funding and an expected additional two hundred thousand ($200,000.00) or so dollars of incremental funding next year, even though the tax revenues as you would expect, are down also within the CRA (Community Redevelopment Agency) itself. The point I am bringing this forward is that it is a source of Economic Development funding for us, for those businesses and properties that are served in the territory of the CRA (Community Redevelopment Agency); and one of the areas I want our Manager and perhaps the BAG (Business Advocacy Group) to be aware of as the opportunities — the money is out there if we have businesses that want to come in and develop and improve those properties. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 9 OF 19 So, I would be more than delighted Mr. Manager to meet with any candidate businesses that might be in that area, that we could go out and talk to and I would be happy to explain to them about the CRA (Community Redevelopment Agency) process and the funding sources and take them through the application process as well. There is a Special meeting of that body on May the 12th, (2011) and the CRA (Community Redevelopment Agency) Master Plan will be presented at that time. It may be a good meeting for Staff to attend Mr. Manager because they are going to go over the Comprehensive Master Plan for the CRA (Community Redevelopment Agency) and future funding sources; so you may want to add that to someone's calendar for the morning of May the 12th, (2011)." REPORTS 408. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Cade Resnick thanked the City for this weekend's Easter event and hoped this event would be held again. Secondly, Commissioner Resnick mentioned attending a recent Seminole County Public Schools meeting in which discussion ensued about closing Longwood Elementary School and how indirectly, this could impact Elementary Schools in Winter Springs and suggested, "That may be something for us to look at." Commissioner Resnick then mentioned that at that same Seminole County Public Schools meeting, City of Longwood Elected Officials were also in attendance and were commenting about partnerships. Next, Commissioner Resnick mentioned that the possible closing of Longwood Elementary School could also impact the new Choices in Learning School in Winter Springs and other schools, later on. PUBLIC INPUT No one addressed the City Commission. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Recommends The City Commission Hear A Request For A Conditional Use Within The City Of Winter Springs RC -I Zoning District (Residential Rural FLU [Future Land Use] Designation), To Allow Construction Of An Approximately 585 Square Foot Attached Accessory Dwelling Unit (ADU) Above A Private Garage, Attached To The Principal Structure, On Approximately 27 Acres. FISCAL IMPACT: Improvements That Are Installed On Existing Residential Properties Typically Result In An Increase To The Taxable Value Of The Property. In This Case, The Value Lies Primarily In The Property Owner Upgrading His Investment. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 10 OF 19 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. 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. RECOMMENDATION: The Planning & Zoning Board And Staff Recommend Approval For The Conditional Use Request For The 585 SF Attached Accessory Dwelling Unit Above An Attached 3-Car Private Garage At 415 Shore Road, Subject To Demonstrating Adequate Legal And Stabilized Access To The Site For The Accessory Dwelling Unit. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. Much discussion followed on the property and access. Attorney Garganese asked, "The question for this ADU (Accessory Dwelling Unit) Application is, `Is there adequate access for the Accessory Dwelling Unit which is being constructed in conjunction with the single family home?"' Attorney Garganese added, "Before a Certificate of Occupancy is granted, there needs to be demonstrated legal access to the property so the property owner has access to occupy the structure." Further comments followed on access; the property and asked if there was an agreement letter from the Homeowner's Association. Mr. Richard Roy, 350 Twelve Oaks Drive, Winter Springs, Florida: addressed the City Commission on access and noted, "We've been in contact with the HOA (Homeowner's Association) and Progress Energy but we haven't resolved anything. We do have the legal access where we can put a road through the property we got from the City, but we haven't started any of that yet. Like I said, we've started to try to contact the HOA (Homeowner's Association) and the Progress Energy and to try to resolve the other issue." Mayor Lacey said to Mr. Roy, "So, your first choice is to try to use the area just south of... " Mr. Roy stated, "... Continue using the Easement that's been used for the last thirty (30) years. And I have talked to the Building Inspector, Mike Scheraldi also - he just wants to make sure that this is resolved before the final C.O. (Certificate of Occupancy); for the house as well as the ADU (Accessory Dwelling Unit)." Commissioner Rick Brown asked Mr. Roy, "Do you have plans to develop that access way?" Mr. Roy responded, "Eventually, we were going to plan to put a driveway through there." Commissioner Brown then asked Mr. Roy, "Do you know what kind of timeframe you might be looking at?" Mr. Roy stated, "No. At this point - the power line Easement has been the access road for thirty (30) years to get back into our property as well as the Jones' property back behind there." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 25, 2011 PAGE 11 OF 19 Mayor Lacey opened the "Public Input" portion of the Agenda Item Mr. Andrew Silver, 154 Seville Chase Drive, Winter Springs, Florida: commented on behalf of the Seville Chase Homeowner's Association regarding a lawsuit against the Seville Chase Homeowner's Association; and remarked, "We have not implied, written, verbal or otherwise any permission to use the access of Seville Chase to the Roy's and frankly, there are — certain liability issues in there. We are willing to entertain conversation with the Roy's at our upcoming board meeting on May 10 , (2011). I think they already know that; but, currently we have not provided them with any permission, and do have an objection currently." Mayor Lacey closed the "Public Input" portion of the Agenda Item Further discussion. Tape 1/Side B Related to a Certificate of Occupancy, Attorney Garganese explained, "Even for a temporary, they would have to still demonstrate legal access to the property." Continuing, Attorney Garganese noted, "If they want to use a temporary access on the HOA (Homeowner's Association) and the power company's property, then they need to demonstrate that they have legal access to the City, to get either a temporary or a permanent C.O. (Certificate of Occupancy)." With discussion, Commissioner Krebs asked Mr. Roy, "You can't get any permission to use the power company's Easement on the power company's side; just temporary, do you think? Mr. Roy remarked, "I don't think that's going to be a problem." Commissioner Krebs then said, "Could you possibly do something right here almost immediately where you come around and then go to here, until you can get this built — if you had permission from the power company?" Mr. Roy noted, "It is still heavily treed — you'd have to clear a lot over there too." Commissioner Krebs added, "You are going to have to do that anyway, right?" Mr. Roy answered, "Correct." Commissioner Krebs suggested, "I am sure the City could work with you on that." Manager Smith recommended, "I would ask though that some type of caveat is placed on it where Mr. Roy would have to do periodic inspections and make sure we're moving along and everything is up to Code." Discussion followed on whether this property would be subject to the Arbor Ordinance. Manager Smith explained, "Yes, he would be subject to that unless you all were to choose to waive it." Commissioner Krebs added, "That is what I meant by the City helping him." Commissioner Bonner commented, "Would we need Staff to have a chance to look at that and come back to us on something like that? Do a survey?" Manager Smith responded, "I would recommend that we have the opportunity to go back and give you all something concrete." Mayor Lacey suggested, "In regards to the trees we are taking out, we are looking at two (2) different scenarios; one (1) would be just that short section to bypass Seville (Chase) and perhaps a permanent Easement from Progress Energy to use the rest, or if he cannot gain that from the power company then he would have to look at the entire lane there." Further comments Attorney Garganese recommended, "The issue before the City Commission is whether or not to grant a Conditional Use for an Accessory Dwelling Unit — and apparently, I haven't talked to the Building Official, that is slowing up the Accessory Dwelling Unit and the garage building part. The Commission looking at this entire Application could move forward and grant the Conditional Use for the Accessory Dwelling Unit subject to conditions. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 12 OF 19 The Staff is recommending one (1) of the conditions that there be permanent access; so, you can move forward with the ADU (Accessory Dwelling Unit), subject to conditions. Then it get's punted back down to the administrative level. They have to work out the legal access to get a C.O. (Certificate of Occupancy) for the principal structure anyway." Commissioner Brown noted, "Or he can demonstrate after his meeting with Seville (Chase) and with Progress (Energy) that he has permission and Approval to use that temporary... " Attorney Garganese said, "... Either is acceptable. He just has to demonstrate that he's got legal access." Then, Attorney Garganese mentioned that Commissioner Krebs offered another option "Clear part of the property to get around the HOA (Homeowner's Association) property to the power company property to his subject property. That is also a viable alternative. He just needs to show bonafide legal access, a driveway that is going to get him to his principal structure and his ADU (Accessory Dwelling Unit)." Mayor Charles Lacey summarized, "It would be to Approve the ADU (Accessory Dwelling Unit) based upon normal circumstances that aren't anything special that says that before he can get the C.O. (Certificate of Occupancy), he has to demonstrate one of several options that are before him that give him viable access to his property..." Attorney Garganese added, "...And the ADU (Accessory Dwelling Unit)." "I WILL MAKE THAT A MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department REQUEST: Requests The City Commission Hold A Public Hearing For The Revised Aesthetic Review For 10 Buildings Of Jesup's Reserve, A 161-Unit Townhome Development Located In The Town Center District On The South Side Of The Intersection Of SR (State Road) 434 And McLeod's Way. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item Relative To The Modification Of The Aesthetic Review. The Aesthetic Review Is Being Requested By The Applicant To Facilitate More Sales And Should, Therefore, Represent Additional Revenue To The City Via Property Taxes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 13 OF 19 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: Planning & Zoning Board The Planning And Zoning Board Held A Public Hearing On April 6, 2011 And Voted Unanimously (5-0) To Recommend Approval Of The Revised Aesthetic Review Package For Jesup's Reserve Project. Staff Recommendation Staff Recommends That The City Commission Approve The Revised Aesthetic Review Package For The Remainder Of The Jesup's Reserve Project. Mr. Bobby Howell, AICP, Planner, Community Development Department addressed the City Commission on this Agenda Item. Commissioner Bonner asked if the current residents are aware of this proposed change to the development. Ms. Eloise Sahlstrom, 531 Crimson Lane, Winter Springs, Florida: as a resident of Jesup's Reserve, Ms. Sahlstrom said that the Homeowner's Association has been involved and that D.R. Horton, Inc. has presented the project to the Homeowner's Association. Mr. Brian Fields, P.E., City Engineer, Public Works Department briefly addressed the City Commission on this Aesthetic Review and related Performance Bonds. Commissioner Bonner said to Attorney Garganese, `By moving ahead and I know the Aesthetic Review is just one of many steps ahead in our process, that by moving ahead, we are not complicating in any way, the outstanding settlement of the Performance Bonds and so on." Attorney Garganese said, "I haven't heard anything that complicates our issue." Commissioner Krebs said to Mr. Howell, "I just wanted to thank Bobby (Howell) for that presentation. You did a very good job." Mayor Lacey opened the "Public Input" portion of the Agenda Item. Mr. Ryan McDonald, 620 Riverview Avenue, Altamonte Springs, Florida: addressed the City Commission on behalf of D.R. Horton, Inc. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 14 OF 19 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department REQUEST: Requests That City Commission Review And Approve On First Reading Ordinance No. (Number) 2011-02, Which Will Repeal And Replace Most Of The Existing Planned Unit Development (PUD) Language In The City Code Of Ordinances. FISCAL IMPACT: The Cost Of Administering One PUD Regulation That Is Understandable And Defensible Should Be Less Than It Is At Present, Due To Less Staff Time, City Attorney Time, And Commission Time Expended. 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. This Proposed Ordinance Was Advertised In The Orlando Sentinel, On Page E3, On March 24, 2011, As Well As On Page G7 On April 14, 2011, In Addition To The Postings By The City Clerk's Office. RECOMMENDATION: The Planning And Zoning Board And Staff Recommend That The City Commission Approve First Reading Of Ordinance No. (Number) 2011-02. Mr. Baker spoke on this Agenda Item. Mayor Lacey asked, "Can we get a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read the Ordinance by "Title" only. Brief discussion ensued about any dissenting comments from the Planning and Zoning Board/Local Planning Agency Members. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 15 OF 19 Commissioner Brown said to Mr. Baker, "This in no way affects any of our existing Conservation Easements, is that correct?" Mr. Baker responded, "That's correct." 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" (MOVE TO SECOND READING). MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey added that Ordinance 2011-02 was "Moved to Second Reading." PUBLIC HEARINGS 503. Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2011-01, Amending The Comprehensive Plan To Incorporate The Annual Update To The Capital Improvement Element (CIE) Required By Rule 9J-5.016 FAC (Florida Administrative Code) And Chapter 163, Part II, F.S. (Florida Statutes). FISCAL IMPACT: No Measurable Fiscal Impact Resulting From The Proposed Change. COMMUNICATION EFFORTS: The Local Planning Agency Held A Public Hearing On April 6, 2011, Which Was Noticed In The Orlando Sentinel On March 24, 2011. 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. Anticipated Implementation Schedule: Apr. (April) 28, 2011- Public Noticing In Orlando Sentinel Of Public Hearing For Second Reading. May 9, 2011 - Second Reading/Adoption Public Hearing For Ordinance 2011-01, Amending The Comprehensive Plan To Incorporate Revisions And The Annual Update To The CIE. May 16, 2011 - Transmittal To Florida Dept Of Community Affairs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 16 OF 19 RECOMMENDATION: LOCAL PLANNING AGENCY RECOMMENDATION: The Board Made A Unanimous Recommendation That The Comprehensive Plan Be Amended With Ordinance 2011-01 To Incorporate The Annual Update Of The Capital Improvement Element Required By Rule 9J-5.016 FAC (Florida Administrative Code) And Chapter 163, Part II Florida Statutes. STAFF RECOMMENDATION: Staff Recommends That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2011-01, Amending The Comprehensive Plan To Incorporate The Annual Update To The Capital Improvement Element (CIE) Required By Rule 9J-5.016 FAC (Florida Administrative Code) And Chapter 163, Part II, F.S. (Florida Statutes) And Move The Ordinance To Second Reading. Mayor Lacey inquired, "Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011-01 by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. 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 - MOVE TO SECOND (READING)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Mayor Lacey remarked, "Ordinance 2011-01 is Approved on First Reading, moved to Second (Reading)." REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Requests The City Commission Approve Resolution 2011-17, Temporarily Suspending Enforcement Of The 3,500 SF (Square Feet) Maximum Tenant Area In The CC -Commerce Center Zoning District For One Year. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 17 OF 19 FISCAL IMPACT: The Fiscal Impact Should Be The Status Quo Or Positive, By Retaining These Small Local Businesses. 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, Laser Fiche, 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, Laser Fiche, 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 That The City Commission Approve Resolution 2011-17. Mr. Baker addressed the City Commission on this Agenda Item. "I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER BROWN THEN SAID, "I WAS ACTUALLY HOPING THAT STAFF WOULD DO THEIR STUDY AND COME BACK WITH A MOTION TO REPEAL; BECAUSE I AM NOT SO SURE WHY IN OUR BUSINESS DISTRICT WE WOULD WANT TO LIMIT THE SIZE OF TAX PAYING BUSINESSES TO BEGIN WITH. I WOULD BE WILLING TO ENTERTAIN JUST DOING AWAY WITH IT, AT SOME POINT, IF NOT NOW." "I WILL MAKE THE MOTION THAT WE SUSPEND IT PERMANENTLY." AMENDMENT TO THE MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED, "WE HAVE A MOTION ON THE FLOOR — A MOTION TO AMEND THE MOTION TO CHANGE FROM A SUSPENSION TO A TERMINATION." ATTORNEY GARGANESE SUGGESTED, "YOU COULD GO AHEAD AND APPROVE THE RESOLUTION, SUSPENDING THE 3,500 SQUARE FOOT LIMITATION, THE MAXIMUM WITHOUT A CONDITIONAL USE PERMIT AND DIRECT STAFF TO COME BACK WITH AN ORDINANCE FOR FIRST READING TO AMEND THE CODE." MAYOR LACEY ASKED THE CITY COMMISSION, "IS THERE ANY OBJECTION TO WITHDRAWAL OF THE AMENDMENT?" HEARING NO OBJECTIONS, MAYOR LACEY NOTED, "THE AMENDMENT STANDS WITHDRAWN." MAYOR LACEY THEN EXPLAINED, "THE MAIN MOTION IS TO ESSENTIALLY APPROVE STAFF'S RECOMMENDATION TO TEMPORAIRLY SUSPEND ENFORCEMENT OF THE ORDINANCE UNDER RESOLUTION 2011-17." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 18 OF 19 VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Lacey asked, "Is there any objection then by Consensus giving direction to the Manager to prepare an Ordinance to repeal?" Commissioner Krebs stated, "No objection." Commissioner Brown remarked, "No objection." Commissioner Bonner commented, "No objection." Mayor Lacey then said to Manager Smith, "You have that direction." REGULAR 601. Office Of The City Clerk REQUESTS: Requests That Commissioner Cade Resnick Make An Appointment To The Bicycle And Pedestrian Advisory Committee To Fill A Currently Open Seat, Due To The Recent Resignation Of A Bicycle And Pedestrian Advisory Committee Member. (Advisory Board Appointment) FISCAL IMPACT: There Is No Specific Fiscal Impact To This Proposed Appointment. COMMUNICATION EFFORTS: Commissioner Cade Resnick Was Contacted About This Vacancy. Additionally, 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: Commissioner Cade Resnick Is Respectfully Requested To Make An Appointment To The Bicycle And Pedestrian Advisory Committee. Depending On Whom Commissioner Cade Resnick Appoints, There May Be A Subsequent Vacancy And Appointment Necessary. "KOK WAN MAH" NOMINATED TO THE SEAT FOUR (4) OPEN POSITION ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 25, 2011 PAGE 19 OF 19 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey then stated, "The Bicycle and Pedestrian Advisory Committee allows for an Ex Officio Member; it does not require it. So, does the Commission wish to Appoint a new Ex Officio Member?" With no comments, Mayor Lacey mentioned, "We have that option in the future if anyone wishes to consider that." ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:42 p.m. Y SUBMITTED: Atp,VAi LORENZO-LUACES, MMC CITY CLERK APPROVED: R M NW NTAkCES . v NOTE: These Minutes were approved at the May 9, 2011 City Commission Regular Meeting.