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Home My WebLink About_2011 09 26 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 26, 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 - SEPTEMBER 26, 2011 PAGE 2 OF 44 CALL TO ORDER The Regular Meeting of Monday, September 26, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:17 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, absent Commissioner Gary Bonner, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, absent Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments, present City Attorney Anthony A. Garganese, arrived at 5:34 p.m. A moment of silence was held, followed by the Pledge of Allegiance which was led by Cub Scout Pack 196. 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 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 3 OF 44 INFORMATIONAL 101. Parks And Recreation Department REQUEST: Wishes To Inform The City Commission About The Planning Efforts Of The 2011 Hometown Harvest Special Event. FISCAL IMPACT: • In 2010 The Hometown Harvest Event Had Final Expenditures Totaling $7,508.00, And Final Revenues Totaling $4,700.00. • Staff Has Conducted A Thorough Evaluation Of The Budget And Is Proposing Expenses Of $5,055.00; This Does Not Include A Projected Cost Of $1,655.00 For Public Safety (Attachment #1). • Current Projection For Revenues From Sponsorship And Vendor Booths Total $5,800.00. 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Receive And Review The Information Presented. No discussion. INFORMATIONAL 102. Information Services Department, Finance And Administrative Services Department, And Utility Department REQUEST: Wish To Inform Commission On A Strategic Initiative To Enhance Customer Service For Utility Customers. FISCAL IMPACT: There Is A Monthly Fee Of $39.99 For Cellular Service Which Is Currently Budgeted In Department 1360. 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 4 OF 44 This Information 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends That The City Commission Review And Accept The Information In This Agenda Item. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Public Works Department REQUEST: Requesting Authorization To Renew Continuing Services Agreements For Civil Engineering Services With CPH Engineers, Inc., Camp Dresser & McKee, Inc., And Johnson, Mirmiran & Thompson, Inc. For Up To Three Years. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. Funding For Project Assignments To Be Performed Under These Agreements Will Follow The City's Normal Budgeting And Approval Process. 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends The City Commission Authorize The Renewal Of Continuing Services Agreements For Civil Engineering Services With CPH Engineers, Inc., Camp Dresser & McKee, Inc., And Johnson, Mirmiran & Thompson, Inc. For Up To Three Years, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 5 OF 44 CONSENT 201. Public Works Department — Stormwater Division REQUEST: Requesting Authorization To Enter Into An Agreement With Clarke Aquatic Services, Inc. For Aquatic Weed Control And Maintenance Services Of City -Maintained Ponds. FISCAL IMPACT: The Funding Source For The $41,587.32 Annualized Cost To Maintain Stormwater Ponds Is Line Code 3800-54693 Of The Stormwater Utility Budget. The Annualized Cost Of $41,587.32 Is Within The Budget And Less Than The Current Annual Contract Amount Of $46,560.00. The Funds For This Project Will Be Expended Over The Twelve -Month Contract Period. 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends The City Commission Provide Authorization To Enter Into A Contract Agreement With Clarke Aquatic Services, Inc. For Bid # ITB008/11/ZP, Aquatic Weed Control And Maintenance Of Certain Ponds At An Annual Cost Of $41,587.32 Payable From The Stormwater Utility Fund. This Agenda Item was not discussed. CONSENT 202. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requesting The Commission Consider Adoption Of Resolution 2011-51, To Formalize The Establishment Of The Solid Waste Fund, Arbor Fund And Purposed Constraints Imposed Upon The Uses Of These Funds As Necessitated By New GASB-54 (Governmental Accounting Standards Board). FISCAL IMPACT: There Is No Impact On The City's Financials If This Agenda Item Is Adopted. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 6 OF 44 RECOMMENDATION: City Manager And Director Of Finance And Administrative Services Recommend The Commission Adopt Resolution 2011-51 Formally Establishing The Arbor And Solid Waste Fund. 'No discussion. CONSENT 203. Office Of The City Clerk REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number 2011-49 Offering Their Appreciation And Gratitude For The Service Of Ms. Leah Weisman As A Recent Member Of The Code Enforcement Board. FISCAL IMPACT: There Is No Fiscal Impact Related To Resolution Number 2011-49, If This Resolution Is Approved. 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Upon Approval Of This Resolution, The City Clerk Will Contact Ms. Weisman On Behalf Of The Mayor .And City Commission, In Keeping With What The City Commission Has Previously Requested. RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve Resolution Number 2011-49. Upon Approval Of This Resolution, The City Clerk Will Then Contact Ms. Weisman Regarding Scheduling An Official Presentation By The Mayor And City Commission At An Upcoming City Commission Regular Meeting. There was no discussion on this Agenda Item. CONSENT 204. Office Of The City Clerk REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number 2011-50 Offering Their Appreciation And Gratitude For The Service Of Mr. Terry Patten As A Recent Member Of The Oak Forest Wall And Beautification District Advisory Committee. FISCAL IMPACT: There Is No Fiscal Impact Related To Resolution Number 2011-50, If This Resolution Is Approved. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 7 OF 44 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Upon Approval Of This Resolution, The City Clerk Will Contact Mr. Patten On Behalf Of The Mayor And City Commission, In Keeping With What The City Commission Has Previously Requested. RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve Resolution Number 2011-50. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr. Patten Regarding Scheduling An Official Presentation By The Mayor And City Commission At An Upcoming City Commission Regular Meeting. No discussion. CONSENT 205. Public Works Department REQUEST: Requesting The City Commission Validate The Staff Recommendation Finding The Jesup's Reserve Phase 2 Sitework To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Public Infrastructure For Ownership And Maintenance. 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 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends That The City Commission Validate The Staff Recommendation Finding The Jesup's Reserve Phase 2 Sitework To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Public Infrastructure For Ownership And Maintenance. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 8 OF 44 CONSENT 206. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The September 12, 2011 Attorney — Client Session/ Special 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve September 12, 2011 Attorney — Client Session/Special Meeting Minutes. No discussion. CONSENT 207. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The September 12, 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The September 12, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 9 OF 44 "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. ❖❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE PRESENTED AND DISCUSSED SIMULTANEOUSLY NEXT, AS DOCUMENTED. ❖❖ AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Parks And Recreation Department REQUEST: Presenting to the Mayor and City Commission The United States Water Fitness Association "The 2011 Top Aquatic Program In The State Of Florida" Awarded To The City Of Winter Springs Therapy Pool. AWARDS AND PRESENTATIONS 301. Parks And Recreation Department REQUEST: Presenting To The Mayor And City Commission The United States Water Fitness Association "2011 National Aquatic Award" Awarded To The City Of Winter Springs Therapy Pool As The Top Twenty Aquatic Program In The United States. Mr. Chris Caldwell, Director, Parks and Recreation Department stated, "It gives me great pleasure again to present the City of Winter Springs with yet another Award, and not only is Winter Springs, the 97th Best Place To Live, but it is also the number one (1) in the State for Aquatic Programs; and many people were a part of this Award - The Mayor and Commission, we'd like to commend you for your vision in securing the CDBG (Community Development Block Grant) funding to build our Therapy Pool; our City Manager for his leadership and support in the recent reorganization over at the Therapy Pool for the team and for operations. It's another example of doing more with less over the past year." Continuing, Mr. Caldwell then referenced some of the recent improvements and added, "Which have ensured and maintained our high level of customer service." Mr. Caldwell explained, "These Awards are from the United States Water Fitness Association. It's a national governing body which regulates all Aquatic Programs and facilities and certifications nationwide." Mr. Caldwell elaborated, "We were awarded the number one (1) Aquatic Program in the State of Florida." Furthermore, Mr. Caldwell stated, "We were number twenty (20) in the nation — in the United States for Aquatic Programs as well. We were number two (2) in Aquatic Programs and Therapy Pools; for Therapy Pools specifically in the United States — number two (2); and we were number eight (8) also in Water Exercise Programs in the United States as well." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 10 OF 44 Recognizing some of the individuals involved, Mr. Caldwell commended the following individuals: Ms. Susie Coffman, Senior Center Manager, Parks and Recreation Department; Ms. Dell Walker, Guest Services, Therapy Pool, Parks and Recreation Department; Mr. Mike Barclay, Recreation Superintendent, Parks and Recreation Department; Ms. Kitra Weaver, Volunteer Instructor, Therapy Pool; Ms. Mary Beth Pettyjohn, Volunteer Instructor, Therapy Pool; Mr. Walter Fuller, Volunteer Instructor, Therapy Pool; Ms. Carol Tremaine, Volunteer Instructor, Therapy Pool; Ms. Sue Walker, Volunteer Instructor, Therapy Pool; Ms. Chelsie Myers, Guest Services, Parks and Recreation Department; and Ms. Diane Oliver, Volunteer Instructor, Therapy Pool. Mr. Caldwell then acknowledged the Seniors who do use the Therapy Pool and invited others who have not yet used the City's Therapy Pool, to try it out as well. With further comments, Mr. Caldwell presented the actual framed Awards to the Mayor and City Commission. Mayor Lacey said to Mr. Caldwell, "Thank you to you and your entire team in Parks and Rec[reation]." Assistant City Attorney Kim Kopp arrived at 5: 30 p.m. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Assistant City Attorney Kopp stated, "No Report". REPORTS 401. Office Of The City Manager — Kevin L. Smith Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments remarked, "No Report". REPORTS 402. Office Of The City Clerk — Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Gary Bonner mentioned he attended a recent U.S. Highway 17/92 Community Redevelopment Agency (CRA) - Redevelopment Planning Agency (RPA) meeting and noted that a program was brought forward by the City of Sanford. Commissioner Bonner added, "There continues to be budget monies available for Capital Improvements on the (U.S. Highway) 17/92 CRA District and our City continues to be encouraged to indentify businesses within the Corridor that can be recipients of these awards for improving their business and that Corridor." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 1 I OF 44 REPORTS 404. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Cade Resnick mentioned that the "Amazing Brownie" business in Winter Springs will be closing soon and suggested that if anyone wanted to be on their mailing list to contact them. REPORTS 405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs said "To Chris Caldwell's point - that we were "97" (Best Places to Live in America — from Money Magazine), that with all the emails that I have received and I myself feel that we are really number one (1) — and we want to stay that way." REPORTS 406. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey stated, "I just wanted to thank Chief (of Police Kevin) Brunelle, City Manager Kevin Smith, and Deputy Mayor (Jean) Hovey for attending the Community Based Care (of Seminole) breakfast last week." REPORTS 407. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey handed out some documents related to Resolutions about `No smoking in parks', and commented, "We cannot enforce non-smoking at our Parks. The City of Orlando adopted a Resolution against smoking in public parks." Deputy Mayor Hovey then asked if Staff could review the documents she provided and consider if we could implement something similar. Furthermore, Deputy Mayor Hovey thought that if we did have a Resolution against smoking in public parks, then that might help Mr. Caldwell and his Staff. Mr. Caldwell stated, "Absolutely. I just wanted to touch on that just to let you know that we are aware of what's going on with some of those initiatives and that we have spoken with the State of Florida and their right to clean air issues as well. And so, we are looking into it and looking at some of these Resolutions. I have been in touch with Anthony's (Garganese) office as well." Commissioner Krebs added, "I would definitely support an initiative with something like this. I still feel personally that an isolated area would be fair." Deputy Mayor Hovey noted, "I would support that too — an isolated area." Commissioner Krebs also suggested, "Maybe there are even some things we can have available for helping those people who really want to quit, that are unable to." City Attorney Anthony A. Garganese arrived at 5: 34 p.m. Lastly, Deputy Mayor Hovey referred to a photograph that Oviedo's Mayor Dominic Persampiere had provided which showed a team of basketball players with "Oviedo Springs" on their shirts. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 12 OF 44 REPORTS 408. Office Of Commissioner Seat Two — The Honorable Rick Brown Absent. PUBLIC INPUT No one addressed the City Commission at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager REQUEST: Is Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2011-41, Which Establishes The Final Operating Millage Rate And The Final Voted Debt Service Millage Rate For Fiscal Year 2011-2012 For The City Of Winter Springs. FISCAL IMPACT: The Decision To Levy An Operating Millage Rate Of 2.4500 Mills As Opposed To The Rolled -Back Rate Of 2.6133 Mills Results In Reduced Ad Valorem General Fund Revenues Of Approximately $250,000.00. The Decision To Maintain The Voted Debt Service Millage Rate At 0.1100 Mills Requires A Subsidy From The General Fund To The Central Winds Debt Service Fund In The Amount Of $55,500.00. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Upon Approval And Adoption Of Resolution No. (Number) 2011-41, The Millage Rates For Fiscal Year 2011-2012 Will Be Communicated To The Seminole County Property Appraiser And The Seminole County Tax Collector As The Millage Rates To Be Levied By The City Of Winter Springs For The 2011 Tax Year (Fiscal Year 2011-2012). RECOMMENDATION: It Is Recommended That The Commission Adopt Resolution No. (Number) 2011- 41 Establishing The Final Operating Millage Rate At Whatever Rate The Commission Deems Necessary For Fiscal Year 2011-2012 (Not To Exceed 2.45 Mills), The Final Voted Debt Service Millage Rate At 0.1100 Mills For Fiscal Year 2011-2012 And Publicly Announce The Percentage By Which The Final Operating Millage Rate Is Less Than The Rolled -Back Rate. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 13 OF 44 A `Sample' Motion Follows Which Includes The Necessary Elements For Statutory Compliance: I Make The Motion That The City Of Winter Springs Adopt Resolution No. (Number) 2011-41 Establishing The Final Operating Millage Rate At 2.4500 Mills, Establishing The Voted Debt Service Millage Rate At 0.1100 Mills And Publicly Announcing That The Final Operating Millage Rate Is 6.25% Less Than The Computed Rolled - Back Rate Of 2.6133 Mills. 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. Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department mentioned to the Mayor and City Commission, "We are bringing forward here in Resolution [2011 ]-41 a reduction in the Operating Millage Rate and we are keeping the Voted Debt Millage Rate constant by subsidizing somewhat from the General Fund to the Central Winds General Obligation Debt Service Fund. And this was done keeping the Voted Debt flat and reducing the Operating Millage despite six percent (6%) reductions in Property Values as well as other revenue declines." "I MAKE A MOTION THAT THE CITY OF WINTER SPRINGS ADOPT RESOLUTION NUMBER 2011-41 ESTABLISHING THE FINAL OPERATING MILLAGE RATE AT 2.4500 MILLS, ESTABLISHING THE VOTED DEBT SERVICE MILLAGE RATE AT 0.1100 MILLS AND PUBLICLY ANNOUNCING THAT THE FINAL OPERATING MILLAGE RATE IS 6.25% LESS THAN THE COMPUTED ROLLED -BACK RATE OF 2.6133 MILLS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Manager REQUEST: Proposing That The City Commission Hold A Public Hearing To Consider The Approval Of Resolution No. (Number) 2011-42, Establishing The Final Budget For Fiscal Year 2011-2012. FISCAL IMPACT: The Proposed Final City -Wide Budgets By Fund Type Currently Reflect The Following Appropriations To (From) Fund Balance: General Fund — ($607,373.00); Comprised Of $723.00 Of Positive Operating Coverage And ($608,096.00) In Capital/Non-Recurring Coverage Governmental Funds (Exclusive Of General Fund) — ($2,269,272.00) Enterprise Funds — $936,842.00 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 14 OF 44 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Upon Approval And Adoption Of Resolution No. (Number) 2011-42, The Final Budget For Fiscal Year 2011-2012 Will Be Implemented And Become Effective On October 1, 2011. Within One Week Of Adoption The Final Budget Will Be Placed On The City's Website. RECOMMENDATION: Recommend That The Commission Approve The Final Budget For Fiscal Year 2011-2012 Recommend That The Commission Adopt Resolution No. (Number) 2011-42 Establishing The Final Budget For Fiscal Year 2011-2012 Mayor Lacey opened the "Public Input "portion of the Agenda Item. No one addressed the City Commission. Mayor Lacey closed the "Public Input "portion of the Agenda Item. Mr. Shawn Boyle, Director, Finance and Administrative Services Department remarked to the Mayor and the City Commission, "I want to let each one of you know we've heard your charge; we understand that you want this government to be more efficient and more effective; and just want to make sure you understand that we will overturn every stone to do that. It is proof positive in this Budget." Commissioner Krebs added, "We would not have been able to do this without you and your immediate Staff, as well as Kevin (Smith), and the Department Heads — I really thank you for hearing what we had to say, and really taking it to task. You did a great job and thank you — and everybody should be really proud of the people that worked so hard for this Budget." "I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION APPROVE THE FINAL BUDGET FOR FISCAL YEAR 2011-2012." MOTION BY COMMISSIONER KREBS. CONTINUING, COMMISSIONER KREBS ADDED TO HER MOTION, "AND ALSO THAT THE COMMISSION ADOPT RESOLUTION NUMBER 2011-42 ESTABLISHING THE FINAL BUDGET FOR FISCAL YEAR 2011-2012, SAME MOTION." SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 15 OF 44 Mayor Lacey said "The Budget is Approved. Thank you Commissioners. Thank you Shawn (Boyle), Kip (Lockcuff) and the entire Staff. As the Commissioner said, "Without the diligence on the part of the Staff and every employee, we wouldn't have been able to get there'." Additionally, Mayor Lacey pointed out that at the suggestion of Commissioner Bonner, "It really is unique in these times to see the reduction that has happened. The 2.4500 Millage Rate is lower than what it has been for the past five (5) years and that is because the City Staff has worked incredibly hard to squeeze efficiencies out of the operation of the government. You see other cities are struggling and for the most part keeping their Millage Rate the same; although in the Voted Debt Millage Rate which is the amount that we are obligated to pay through taxes; some cities have raised that Rate simply because they can." Further, Mayor Lacey added, "But the Staff and the Commission chose not to, to take it out of the other side of the taxes so that the net result is a net positive decrease; and I personally don't know of another City in Florida that has done that. I know in Seminole County for sure, no one is doing that. Everyone else is either staying the same or increasing and I suspect when all the numbers come in here in October, we will be if not the only one, one of the very few in the State of Florida that has been able to do that. And it really is a tribute to the lean efficiencies that the Staff has brought to governing Winter Springs. So, kudos to them — and our residents too, thank you!" Commissioner Krebs agreed also. PUBLIC HEARINGS 502. Community Development Department REQUEST: Presenting To The City Commission A Request From The Law Firm Of Lowndes Drosdick Doster Kantor & Reed That The City Commission Amend Section 20-418. Of The City's Code Of Ordinances Relating To The Required Distances From Gasoline Stations And Other Properties Zoned Residential, Other Properties With Existing Gasoline Stations, And Properties On Which A School Or Playground Is Proposed Or Exists. FISCAL IMPACT: There Is No Immediately Measurable 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. Staff Has Sent Two Separate E-Mail Notifications To The Affected Homeowners Associations (Winding Hollow, Stone Gable, And Parkstone). Staff Has Also Spoken To Several Concerned Residents Regarding This Request. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 16 OF 44 RECOMMENDATION: Staff Recommends That The City Commission Consider The Request And The Information Provided In This Agenda Item And Provide Direction To Staff As They Deem Appropriate. The Commission Can Instruct Staff To Pursue A Text Amendment To The Code Of Ordinances Or Choose To Leave The Code As It Currently Reads Relative To The Location Of Gasoline Stations. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and explained the process stating that this was a request "For the Commission to consider a Text Amendment to your Section 20-418. of your Code. I would mention this is a legislative issue. The Commission can decide to pursue said Text Amendment or do nothing. If the Commission decides to move this item forward, I do want to cover a little bit of the process and that being, there will be a Public Hearing after Staff crafts any proposed Agenda or Text Amendment. There would be a Public Hearing before Planning and Zoning (Board), and then there would be two (2) Public Hearings before this body, before anything becomes official." Further comments. Mr. Thomas R. Sullivan, Esquire, Lowndes, Drosdick, Doster, Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: addressed the City Commission on behalf of his client RaceTrac, and thanked the City Commission and others for their consideration. Continuing, Mr. Sullivan commented, "The reason we submitted this request, I think probably most people know, is that RaceTrac has the site at the corner of (State Road) 434 and Winding Hollow under Contract for purchase; and we learned about this distance restriction in doing our due diligence investigation." Referring to a PowerPoint presentation, Mr. Sullivan reviewed the changes to the Ordinance being requested and commented on "The three (3) changes that we're proposing to the Ordinance and the first is we're proposing actually going to 500 feet between gas stations instead of the 350 (feet) that your Ordinance provides for today." Mr. Sullivan then referred to the 2001 Minutes related to the applicable Ordinance. Next, Mr. Sullivan noted, "Number two (2), we're proposing that you make the separation between proposed gas station and residentially zoned property, 150 feet. We think there are circumstances in which having a gas station 150 feet from residential property can be compatible and appropriate, especially when you consider some of the important changes to the appearance of certain gas stations like RaceTrac, as well as some other features." Mr. Sullivan referenced the third point and stated, "We acknowledge that there may be circumstances where having a gas station within 150 feet or greater from a home may not be appropriate; so, we are also suggesting that you add this PUD (Planned Unit Development) Re -Zoning requirement as part of this. So, in other words, even if you took the step today of directing your Staff to move forward with these changes, this site, the Winding Hollow site that is, would still be required to go through a whole PUD (Planned Unit Development) Re -Zoning process which would have Hearings after the Hearings that your Staff mentioned." Further referring to their PowerPoint presentation, Mr. Sullivan noted an improved planned building with exterior materials and design; the gas canopy with stone columns which match the building and is considered an upgrade; new products that this store would offer, including some "Different fresh offerings, kind of a more of a health conscious feel"; and added, "We would hire about twenty (20) employees, twenty (20) permanent employees at this location." Continuing with his PowerPoint presentation, Mr. Sullivan spoke on the site placement plan for this proposed project and remarked, "You can see the closest residential is across the street at Parkstone; I think it's 165 feet from our measurement, across (State Road) 434. It's 240 feet to the west to Stone Gable, and another 585 south to Winding Hollow." With further comments, Mr. Sullivan commented on discussions related to the Ordinance and location of gas stations and mentioned they had incorporated improved lighting in their plan. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— SEPTEMBER 26, 2011 PAGE 17 OF 44 Mr. Phillip Morrissey, Assistant Project Manager, RaceTrac, 3225 Cumberland Boulevard, Suite 100, Atlanta, Georgia: addressed the City Commission on this proposed project. In regards to lighting, Mr. Morrissey stated, "Since the time this Ordinance was originally passed there's been a lot of advances in site lighting technology and one of them is a group that's put together a criteria called `Dark Sky' and what that does, it has a lot of criteria that's over and above most local Ordinances to reduce light glare. One way we do that is recessed lighting under the canopy, which reduces and almost eliminates any light fog created by light fixtures. Another way that we achieve less spillover in site lighting is we've got cut-off fixtures that cut off the lighting from the back of the fixtures to reduce or eliminate spillover onto adjacent properties. And the result of that is a significant reduction in glare. RaceTrac takes security very seriously and it shows in operations. RaceTrac employees receive extensive training on how to spot potential problems and stop them from happening. Regular clean-up and inspection of the site helps keep things running smoothly and also helps spot potential problems. There is an extreme emphasis on cleanliness on our sites. There's always a concern in Florida about fuel getting into the groundwater and there have been several tough new laws put into place in the last few years, that most all underground storage tanks in Florida have had to be replaced or eliminated under this new law which as you can see from this diagram, requires a double wall container with an alarm, and in the event that there's a leak detected, it shuts the whole system down until the leak is repaired. Any new gas stations in Florida are required to have this system." Brief discussion followed about the proposed Text Amendment and the presentation. Mr. Morrissey then remarked, "Another concern is Stormwater and there's extensive Federal, State, and Local rules that govern Stormwater in Winter Springs and all commercial development has to meet these strict requirements. We use several methods in site development in Florida to control the quality of Stormwater run-off to make sure that it doesn't harm nearby streams and lakes." Additionally, Mr. Morrissey commented on an Alternatives Analysis and other possible sites in the City. Mr. Sullivan further addressed the City Commission on Permitted Uses. Mayor Lacey opened the "Public Input "portion of the Agenda Item. Mr. Andrew Bridges, 416 Sandringham Court, Winter Springs, Florida: addressed the City Commission as a member of the Parkstone community, and advised the City Commission that he had researched the area before moving here; did not think that adding this gas station so close to residential was "Smart growth"; that he had spoken to a number of people and no one he had talked to was in favor of this proposed project; commented on the Cross Seminole Trail; potential issues with fuel tankers; and "Nastier" businesses that could be built on this site. Tape I/Side B Ms. Rosanne Karr, 428 Park Lake Drive, Winter Springs, Florida: commented on the many citizens who attended this meeting and mentioned that she was a Member of the Planning and Zoning Board/Local Planning Agency; that she objected to the proposed change; that the Board she sits on then would deal with such changes; that the City does not need another gas station, and this proposed project would not be an enhancement to the City. Mr. Kevin Cannon, Post Office Box 1501, Orlando, Florida: noted he opposed this suggested project; that he handles many cases relate to victims of crime and that for crime prevention, businesses open all the time like this, need to be very well lighted and if they are well lit, as a result there would be spillover lighting. Mr. Cannon then mentioned that he had not heard sound issues addressed and that this could be a concern to the area homes; and asked that the City Commission reject this request as he did not think it would be good for the future of Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 18 OF 44 Ms. Darcy Meagher, 207 Tavestock Loop, Winter Springs, Florida: addressed the City Commission in opposition to the proposed project and Text Amendment; and mentioned her concern with accidents at this intersection; that most tractor trailers take the easiest way in and out of location and they would do that here; school buses and children, pedestrians, and that there are a lot of bicycle riders in the area. Additionally, Ms. Meagher spoke of native species found in this wetlands area and the many benefits that one (1) tree provides, let alone the many trees located on this site; and how important trees and tree canopy are to our environment and our community. Ms. Meagher suggested the City be very cautious in removing any trees. Mr. Hartmut Schwirner, 1043 Winding Waters Circle, Winter Springs, Florida: noted he had moved here in 2004 from Ohio; and commented on previous hurricanes which had taken out some trees in the area, and that hurricanes a few years ago cut off access in and out of his neighborhood, and if a fire occurred in the future, that such a fire could seriously endanger the residents in his community. Mr. Schwirner also remarked about access and use of the Cross Seminole Trail; vapors from gas stations; asked the City Commission to Vote against this proposed project; and mentioned that they had seen a bald eagle in the area, and how important they were to our country. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: addressed the City Commission in opposition to the proposed RaceTrac project; and commented favorably about the Millage reduction and added, "That was well done." Mr. Juan Lopez -Palmer, 525 Saddlewood Lane, Winter Springs, Florida: remarked that he is a current resident of Winding Hollow and a long time resident of Winter Springs; and commented on the growth he had seen over the years; that there were approximately 1000 households in three (3) communities that would be adversely affected if this proposed gas station is Approved; that eighteen (18) wheeler trucks would have to use their community entrance; and as an Attorney, he had dealt with criminal issues which seem to be typical at many gas stations in the Orlando area; that if a Variance was Approved by the City Commission, then legal issues could possibly delay this project; and referenced the Voting public and Elected Officials. Ms. Whitney Jackson, 1015 Winding Waters Circle, Winter Springs, Florida: as a Winding Hollow resident, she was concerned that if a RaceTrac gas station went in at this location, that due to safety concerns she would not want her daughter riding her bicycle, which is a natural thing children should be able to do. Ms. Jackson also mentioned having friends recently in town and how impressed they were with the area; commented on numerous skimmed credit cards at other RaceTrac gas stations; and how other gas stations in the area have closed and what would happen should this gas station also close. Mr. Bob Potter, 535 Saddlewood Lane, Winter Springs, Florida: said he was concerned with a proposed change to the current Ordinance; that he was very concerned with safety issues if a RaceTrac gas station was built; and also commented on a report he had heard about credit card skimmers found at RaceTrac gas stations, and that RaceTrac pumps were the easiest to use credit card skimmers on. Mr. Potter then noted the last Agenda Item on this Agenda which dealt with the removal of one (1) tree, and mentioned RaceTrac was planning to remove all the trees on this site. Ms. Maureen Pierpont, 1006 Winding Waters Circle, Winter Springs, Florida: commented that they took their time in finding their home and they loved the Winding Hollow entrance with the many trees; that having a RaceTrac gas station at this site would ruin the entrance; and asked how the City Commission would Vote if they lived in one of the possibly affected communities. Mr. Allen Rehberg, 217 Tavestock Loop, Winter Springs, Florida: as a Parkstone resident, Mr. Rehberg remarked that he was opposed to the proposed change to the noted Ordinance; that raising children in this area was important to him and how great it was to raise his children in one of the "100 Best Places To Live (Money Magazine); was concerned with compatibility; and was very opposed to any change to this Code. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 26, 2011 PAGE 19 OF 44 Mr. Harold Leete, 206 Tavestock Loop, Winter Springs, Florida: addressed the City Commission in opposition to the proposed RaceTrac project; was in favor of business but thought if this gas station was built at this proposed site, that it would change the character of the area and would also affect property values even more; that it would detract from the area; and spoke of his concern with safety issues for the area children; and that this proposed project affected four (4) communities. Mr. Leete asked that the City Commission Vote against this proposed project. Mayor Lacey spoke briefly on the legislative process. Mr. Ken Spalthoff, 1106 Shadowbrook Trail, Winter Springs, Florida: as the Winding Hollow Homeowner's Association President, Mr. Spalthoff asked those in attendance to raise their hands if they do "Not want the RaceTrac gas station"; commented on matters related to crime; excessive light issues; a 24/7 operation; groundwater contamination, which will affect wildlife; noise pollution; late night alcohol sales; and further on increased crime. Mr. Spalthoff then showed a photograph of oil and litter on the pavement of a Sanford, Florida RaceTrac gas station; and again said they were opposed to this proposed project; that another gas station was not needed which would take revenues from other nearby gas stations; and that the City of Oviedo had recently rejected a RaceTrac gas station. Mr. Tom Pauls, 700 Timberwilde Avenue, Winter Springs, Florida: speaking as a Planner, Mr. Pauls commented on the proposed buffer reduction and said it "Doesn't appear to have any kind of nexus tied to a public interest"; and referenced the Conservation Element of the City's Comprehensive Plan and said, "You have a strategic habitat conservation area defined in or near the site. You also have a rare species habitat defined in or near the site; and you also have a wetlands that is identified in your Comp[rehensive] Plan that faces (State Road) 434." Continuing, Mr. Pauls also complimented the City on the local S.E.E.D. (Seminole Economic Enhancement District) Programs and that this kind of proposed Use might be a better fit for such a proposed business; thought that this location was inappropriate; remarked about Development Agreements and Variances; and congratulated the City for being the 971h Best Place To Live; and mentioned that decisions related to this Agenda Item issue could affect such ratings and future decisions. Mr. Kent McMillian, 1038 Winding Waters Circle, Winter Springs, Florida: asked the City Commission if any of them lived in the affected communities; how he found the Winding Hollow subdivision and that he did not want this type of business at the entrance; that he was concerned for the neighborhood children. Mr. McMillian also commented on safety issues; suggested the City Commission go to other gas stations in the area in the middle of the night to see what is going on at such sites; and asked that this proposed project be stopped. Mr. Drew A. Hawkins, 427 Woodcrest Street, Winter Springs, Florida: mentioned he was a sixteen (16) year resident and noted that at a neighborhood meeting, one of the RaceTrac representatives had said "I can clearly see that the homeowners and the residents are against this and so — we're not going to move forward with this". Mr. Hawkins then questioned what else might be changed if this project went through; commented on increased crime; safety issues; and that the City could "Lose the prestige of being the 97`" Best Place To Live in America". Tape 2/Side A Ms. Barbara Casano, 821 Shallow Brook Avenue, Winter Springs, Florida: as a resident of Winding Hollow, Ms. Casano thanked the City Commission for making the City of Winter Springs a "Very desirable place to live", and being the 971" Best Place To Live in America exemplifies the work the City has done to make it a safe and attractive community; and commented on possible impacts to the four (4) closest communities, including crime and safety issues. Ms. Casano requested the City Commission dismiss this request. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 20 OF 44 Mr. Michael Radka, 423 Sandringham Court, Winter Springs, Florida: addressed the City Commission as the Vice President of the Parkstone's Community Association Board of Directors; noted he is a huge proponent of children and is concerned with the safety of children; and suggested that the City Commission oppose this proposed project, for the community and their children's well being. Ms. Anesha Collins, 705 Seneca Meadows Road, Winter Springs, Florida: thanked the City Commission for being able to listen to the public; commented on light and safety concerns, and said that a RaceTrac gas station at this site would disturb the community. Mr. Bob Creedon, 103 Windsor Crescent Street, Winter Springs, Florida: commented that he was opposed to the proposed RaceTrac project, and that he did not feel there was a reason to change the Code; noted that another gas station was not needed, especially one that had no regard for the residents. Mr. Creedon also mentioned issues with lights and possible environmental problems. Mr. Andy Gilbert, 130 Stone Gable Circle, Winter Springs, Florida: noted that he had a Master's degree in Urban Planning and worked as a Consultant, and commented on his concerns with the site plan; and said that he had seen ospreys and bald eagles in the area. Mr. Gilbert further remarked about his concern with increased traffic, crime, pollution, alcohol sales, safety concerns for local children, and decreased property values. Mr. Gilbert also read some statistics from the RaceTrac website related to the size of their stores and number of pumps; commented on what would happen if the gas station goes out of business, and the City of Winter Springs' being one of top "100 best Places To Live (from Money Magazine)"; and also commented on crime and recent credit card skimming devices found at RaceTrac businesses. Colonel John K. Young, 1024 Winding Waters Circle, Winter Springs, Florida: commented on the current Code and that there did not seem to be any reason to change the Code; safety, especially for children; and asked the City Commission to reject this request for a RaceTrac gas station. Ms. Sharon Testerman, I101 Shadowbrook Trail, Winter Springs, Florida: thanked everyone for their comments and that she did not feel that this project would benefit the City. Mr. Christopher Wall, 1023 Winding Waters Circle, Winter Springs, Florida: advised the Mayor and City Commission that low crime, great schools, and parks were what brought him and his wife to Winter Springs; asked that no changes be made to this part of the Code; and commented that none of the affected communities wanted this business. Mr. Mark Jones, 502 Saddlewood Lane, Winter Springs, Florida: regarding the proposed RaceTrac project, commented on the new Choices in Learning school; that many children go to school at the same time many people get gasoline in the mornings; knowledge he has gained from his towing business; that 24/7 gas stations usually promote criminal activity; and noted that at a Sanford RaceTrac gas station, "They sell various rolling papers and items that support drug use." Mr. Jeffrey R. Morris, 725 Seneca Meadows Road, Winter Springs, Florida: thanked the City Commission for their concern with keeping the Budget low; and asked that the City Commission consider this issue in the same manner. Ms. Lyn Garman, 151 Stone Gable Circle, Winter Springs, Florida: commented on revenues, and that the City could lose taxes and revenues if this proposed gas station was Approved, as property values would decrease. Ms. Garman also thanked her neighbors and other speakers for their efforts. Mr. Vadim Roude, 122 Brookshire Court, Winter Springs, Florida: addressed the City Commission as a Winding Hollow resident and said that he loved his community. Continuing, Mr. Roude suggested that if something is brought into the City, that it should conform with the Code that is already in place; and commented on hiring legal representatives to makes changes for them; that gasoline is a pollutant; and mentioned the wonderful wildlife he often sees such as turkeys, bald eagles, hawks, herons, and turtles, to name a few. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 21 OF 44 Ms. Mackenzie Grant, 1067 Winding Waters Circle, Winter Springs, Florida: as a Winter Springs High School Senior, growing up in her Winding Hollow neighborhood, Ms. Mackenzie spoke on issues related to riding a bicycle, and safety issues related to this intersection; and asked the City Commission to deny the request for a RaceTrac gas station. Mr. Ryan Weidig, 206 Angel Trumpet Way, Oviedo, Florida: mentioned that his girlfriend and her family live in Winter Springs and what a great community it is; that he often drives through the area; and did not think that this proposed gas station would be an asset to the community. Mr. Weidig also congratulated the City on being the 971h Best Place To Live; and advised the people representing RaceTrac that their business was not wanted here. Mr. An Li, 217 Springview Court and 402 Timber Glen Court, Winter Springs, Florida: moved here from Missouri; that they loved living in Winter Springs, and that they ended up buying two (2) homes in Winding Hollow rather than other area cities; he and his children love using the Trail; and they also pick up trash at the entrance to their subdivision to make their community better, which is a pastime they enjoy; that his children also love living in Winter Springs; and that being the 971h Best Place To Live is well deserved recognition. Mr. Li also thanked the City for making it a child -safe community. Ms. Nancy Dzamba, 305 Twelve Oaks Road, Winter Springs, Florida: addressed the City Commission as a Winding Hollow resident and noted that she and her neighbors are against the Ordinance being changed; that another gas station is not needed; and that she is opposed to this proposed request. Ms. Jennifer Casanova, 493 Cruz Bay Circle, Winter Springs, Florida: advised the City Commission that she lives in the Landings at Parkstone and is a Board Member for the Homeowner's Association. Ms. Casanova commented for the Record that the Landings at Parkstone was opposed to the proposed RaceTrac project. Mr. Larissa Schwirner, 1043 Winding Waters Circle, Winter Springs, Florida: asked if trees, especially at the entrance to their community were cut away, would there first be a review with concern for bald eagles and other wildlife; and commented on maintaining the natural preserve in this community; and what some people might do in the woods. Ms. Barbara Aikens, 119 Brookshire Court, Winter Springs, Florida: noted that the property at the entrance was zoned `Commercial' and hoped that the City Commission would always consider Approving project(s) which enhance the area. Ms. Aikens also commented on previous projects and Zoning issues; noted that people may try to take short cuts through their community and not realize there is only one (1) exit out of Winding Hollow; and that Winding Hollow had considered purchasing the property in question, however it was too expensive, and suggested the City may wish to consider purchasing the site in the future. Mayor Lacey then mentioned that a few residents had asked that their comments be read into the Record: Ms. Joyce Byram, 107 Inwood Court, Winter Springs, Florida: Mayor Lacey stated, "Winding Hollow only has one (1) entrance and exit. This station will present a terrible situation on the residents. There will be too much traffic too close to children's bus stops. There will be too much noise twenty-four (24) hours a day; be more crime and neighborhood not as safe. Are they using part of the retention pond that we need?" Mr. and Mrs. Bob (Bev) Allen, 529 Cruz Bay Circle, Winter Springs, Florida: Mayor Lacey commented, "We have a major concern for safety at this intersection, already due to the Seminole Trail which crosses Parkstone Boulevard, parallel to (State Road) 434. Traffic leaving Parkstone going south is frequently challenged with bikers, runners crossing the street. Fear there's numerous accidents already at this intersection due to cars trying to make the light, exiting the Parkstone area, turning east, due to the long wait times at this intersection." Mayor Lacey read from some comments from Ms. Jessica Carlson and stated, "Please see that the RaceTrac is not built on (State Road) 434 and Parkstone. Please preserve our classy, quiet, and safe neighborhood that Winter Springs stands for." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 26, 2011 PAGE 22 OF 44 Mayor Lacey commented, "From Don and Jo Dettmore, it is a bit lengthy, the full text we will put into the Record — `We are residents of the Landings at Parkstone townhomes located on (State Road) 434. It will be in our back yard and it will be located directly opposite our first floor master bedroom. Winter Springs has grown since 2006, and along with that growth came additional traffic along State Road 434. Because of that additional traffic and the noise it creates, we are no longer able to open our windows and enjoy the fresh air in our home, especially in the evening and weekends. The noise from motorcycles revving their motors at the traffic light during late evening and early morning hours wakes us up, even with the windows closed. In addition to the noise factor and additional traffic that will be created, we believe that the building with twenty-four (24) hour gas station so close to our homes, will further decrease the value of our home and will be a deterrent to anyone wanting to purchase a home in our community. We respectfully request that you deny RaceTrac's Application to build at this location'." Also related to this Public Input portion of the Agenda, Mayor Lacey mentioned additional Public Input forms that had been submitted from those in opposition to a change in the Code. Mayor Lacey added, "These, with the names and addresses of the people that submitted them will be put into the Record." Mr. Henry Sawyer, 815 Shallow Brook Avenue, Winter Springs, Florida: addressed the City Commission and noted that he was in agreement with those who had attended this meeting and spoken against the proposed Ordinance change; and also commented on people getting involved in Government and thought that there should be good attendance at all meetings, and to hear all issues. Mr. Larry G. Bonner, 108 Stone Gable Circle, Winter Springs, Florida: commented on the value he saw in Winter Springs, including safety, and a police presence; and mentioned a number of gas stations in the area which can detract from the value of the community. Mr. Bonner then referenced the recognition of being the 971h Best Place To Live; and asked the City Commission to reject this request as it would not add any value to the community. Tape 2/Side B Mayor Lacey closed the "Public Input" portion of the Agenda Item. As no Motions or action was taken, Mayor Lacey explained that the City Commission "Chose to take no action. The Ordinance as it exists will stand, and there will remain a 350 foot barrier between gas stations and residential areas." Mayor Lacey called a brief Recess at approximately 7:42 p.m. The Regular meeting was reconvened by Mayor Lacey at approximately 7:45 p.m. PUBLIC HEARINGS 503. Community Development Department— Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2011-08, Which Rewanted to hear more and they want the code changed vises The Regulatory Language For Home Occupations And Home Offices, In The City's Code Of Ordinances. (First Reading Of This Ordinance Was Previously Continued From The July 25, 2011 City Commission Meeting Due To Concerns Of Several Citizens.) FISCAL IMPACT: While There Is No Immediately Measurable Fiscal Impact Associated With This Ordinance, The Intent Is To Create A More Predictable And Defined Framework Within Which Home - Based Businesses Can Be Fostered And Become Viable Within The Residential Portions Of The City Without Becoming A Potential Nuisance To The Neighborhood. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 23 OF 44 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Staff Has Consulted With Several Concerned Citizens Relative To The Final Draft Of The Ordinance And Believes Their Concerns Have Been Addressed In The Final Draft Attached To This Agenda Item. STAFF RECOMMENDATION: Staff And The Planning And Zoning Board(/Local Planning Agency) Recommend Approval Of The First Reading Of Ordinance 2011-08, And Moving Said Ordinance Forward To Second Reading. "MOTION TO READ BY TITLE' ONLY." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011-08 by "Title" only. Mr. Bobby Howell, AICP, Planner, Community Development Department introduced this Agenda Item for discussion and added, "There are some minor issues that still need to be resolved and we'll work out those between now and the Second Reading." Mayor Lacey opened the "Public Input" portion of the Agenda Item. Mr. Kevin Cannon, Post Office Box 1501, Orlando, Florida: representing the Tuscawilla Homeowner's Association Board, Mr. Cannon mentioned two (2) recommendations they put forward — "The number one (1) concern is the movement of vehicles in and out — that sort of traffic flow, whether it be people traffic flow, contractors, sub -contractors, vehicles and that kind of thing; which has been addressed but we think if there would be a way to make it a little bit more measurable". Mr. Cannon then and referenced his concern with the language of "Reasonable" or "Unreasonable increase". Secondly, Mr. Cannon remarked about "Accessory Units", not "Accessory Dwelling Units" and mentioned that Staff had explained that "Since the percentage is based on the air conditioned living space of the primary dwelling unit, that seems to probably address that other issue. So, with that, just a little tweak — I think it will help enforcement if they have a little — measurable language on increasing of the movement of traffic and people, in and out." Continuing, Mr. Cannon thanked "Staff, Randy (Stevenson) and Brian (Fields, City Engineer, Public Works Department) - have been great to work with. They have been just great!" Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: thanked the City Commission, Mr. Stevenson and Mr. Fields for postponing the decision on this so more time could be given to further evaluate this project and noted that on some lots, including hers, "I already have a garage that was originally supposed to be a stable on the lot, and it would be all too easy to come to the City and turn it into a business. Is that really what we want to have happening, so I think that you have tightened it up". Ms. Carroll added that she hoped that Mr. Cannon's comments could be also considered. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 24 OF 44 Mayor Lacey closed the "Public Input " portion of the Agenda Item. Mayor Lacey said to Mr. Howell, "From the input they provided, changes contemplated for Second Reading, based on that input..." Mr. Howell remarked, "...Yes, it would just be minor changes for Second Reading." Commissioner Bonner referenced page 4, item 5. of the Ordinance and commented on the "Business person's vehicle that they are using in the conduction of their business, whether they are a Realtor, or a Painter or whatever that occupation may be that they are launching in their home business. I just want to be clear that — not too long ago, spent a great deal of time talking about parking of vehicles in residential locations and the fact that they could be of a certain size and associated with commercial enterprises and so on, but still be permitted to park and we went exhaustively through that process. I don't want this change to conflict with that and it is really my question - is this language not tight enough? Maybe this is another area where we might need to tighten up a bit to make sure that in the process of working with the citizens — we get a good document here." Mr. Howell further said, "The whole idea is to be a home occupation — no evidence of a business going on there; but we could maybe put something in there that if you are a Real Estate Agent or something like that - just the parking of your car with the magnet on the side wouldn't be precluded. A similar example of a business like a Mary Kay enterprise which could easily be a home occupation type business often have `Commercial vehicles' per se in the line of their work." Commissioner Bonner added, "I just don't want this to introduce a new complexity to something that we spent so much time working on." Attorney Garganese said, "We may want to go back and just clarify it. I don't think it was Staff's intent to undercut what was previously Approved by the Commission." Deputy Mayor Hovey and Commissioner Krebs agreed. "MOTION TO MOVE (ORDINANCE 2011-08) TO SECOND READING WITH THOSE OTHER CHANGES." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. •:.❖ AGENDA NOTE: THE FOLLOWING THREE (3) AGENDA ITEMS, `504.199 `504.299 AND `5059 WERE DISCUSSED INDIVIDUALLY AND SIMULTANEOUSLY NEXT, AS SHOWN ON PAGES 24-37. ❖ ❖ PUBLIC HEARINGS 504.1 Community Development Department — Planning Division REQUEST: Requests That The City Commission Consider Approval Of. 1) A Modification To The Tuscawilla Greens Preliminary/Final Engineering Plan To Permit The Construction Of 60 Townhome Units; And, 2) The Amended Development Agreement For Tuscawilla Greens, An 11.45 Acre Development Site Located On The South Side Of Winter Springs Boulevard, East Of The Tuscawilla Country Club Which Was Approved For The Construction Of 60 Condominium Units In 2008. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 25 OF 44 FISCAL IMPACT: The Potential Tax Revenue Of The Proposed Project Is Estimated As Follows: Townhomes (60 units) Units (1,800 Square Foot Average) Assessed At $90.00/Square Foot: $9,720,000.00 Assessed Tax Value (1,800 x 90=162,000 x 60 Units = $9,720,000.00) $9,720,000.00/1000 = $9,720.00 $9,720.00 x (2.5814) = $25,091.21 $25,091.21 (Less The 4% Statutory Discount) _ $24,087.56 Tax Revenue City Of Winter Springs Taxes Paid On Vacant Land Now (Data Obtained From Seminole County Property Appraiser): $3,097.68 $3.097.68 Tax Revenue Total Potential Tax Revenue: $27,185.24 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff And The Planning And Zoning Board(/Local Planning Agency) Recommend That The City Commission Act On The Requests For The Tuscawilla Greens Project As Follows: 1) Approve The Modified Preliminary/Final Engineering Plans To Accommodate The Proposed Townhome Development; And, 2) Approve The Amended Development Agreement And Authorize The City Manager And City Attorney To Finalize The Document For Execution And Recordation. Mr. Fields began the discussion on this Agenda Item and went through a PowerPoint presentation. Fee simple townhomes, the Developer's Agreement, water retention, and impervious areas were briefly addressed next. Mayor Lacey opened the "Public Input"portion of Public Hearings Agenda Item "504.1 " No one spoke. Mayor Lacey closed the "Public Input "portion of Public Hearings Agenda Item "504.1 " A possible Motion was addressed; and Attorney Garganese commented, "Just procedurally, because the way these items are stacked, if you recall, Brian (Fields), when the Engineering Plans were Approved for the original `Greens' project, the Commission imposed a condition that the tennis court had to be built ..." Mr. Fields added, "...For the completion of the eighth of fifteen (15) buildings." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 26 OF 44 Attorney Garganese then noted, "The 33`d, and if the tennis court was not completed by that time, then future C.O.'s (Certificate of Occupancy) would be stopped until the tennis court is built. And in reviewing the Agenda Item, I don't see that condition and I know that the Applicant and the Club have requested that the fourth tennis court not be built. So, before this item gets Approved, I think the Commission needs to discuss that fourth tennis court issue in the context of both the Fifth Amendment to the Settlement Agreement and as a possible condition to impose on the Final Engineering Plans. So, I think my point Mayor (Lacey) is the Commission needs to talk about that tennis court issue before you take final action on this." Attorney Garganese then suggested that Public Hearings `504.1', Public Hearings `504.2' and Public Hearings `505' all be discussed together before any final decisions. PUBLIC HEARINGS 504.2 Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing To Consider The Aesthetic Review For The Proposed Tuscawilla Greens Project, A 60-Unit Townhome Development. FISCAL IMPACT: The Potential Tax Revenue Of The Proposed Project Is Estimated As Follows: Townhomes (60 Units) Units (1,800 Square Foot Average) Assessed At $90.00/Square Foot: $9,720,000.00 Assessed Tax Value (1,800 x 90=162,000 x 60 Units = $9,720,000.00) $9,720,000.00/1000 = $9,720.00 $9,720.00 x (2.5814) = $25,091.21 $25,091.21 (Less The 4% Statutory Discount) _ $24,087.56 Tax Revenue City Of Winter Springs Taxes Paid On Vacant Land Now (Data Obtained From Seminole County Property Appraiser): $3,097.68 $3,097.68 Tax Revenue Total Potential Tax Revenue: $27,185.24 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff And The Planning And Zoning Board(/Local Planning Agency) Recommend That The City Commission Approve The Aesthetic Review Package For The Tuscawilla Greens Townhome Development. Mr. Stevenson introduced this Agenda Item for consideration. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 27 OF 44 Brief discussion followed on the entrances to the end units. Mayor Lacey explained that we would have the Public Hearing on this Agenda Item later, after Public Hearings Agenda Item " 505 " was heard. PUBLIC HEARINGS 505. Public Works Department And Office Of The City Attorney REQUEST: Requesting Approval Of A Fifth Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Development Of A Portion Of Parcel 7 As Townhome Property By Morgran Greens, LLC. 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, 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. In Addition To The Communications Efforts Listed Above, A Sign Has Been Installed At The Front Of The Development Property Notifying The Public That The Tuscawilla Greens Project Will Be On The September 26, 2011 City Commission Agenda. RECOMMENDATION: Staff Recommends The City Commission Approve The Fifth Amendment To The Settlement Agreement, Subject To Modification To Waive The Requirement For The Fourth Tennis Court Per The Tuscawilla Country Club's And Morgran Greens' Request, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. Attorney Garganese pointed out, "As you know, the City has had a long standing Settlement Agreement regarding the Country Club property and what went on many, many years ago and the Commission over the years have Approved Amendments to that Settlement Agreement. The last set of Amendments, Three and Four dealt with this particular piece of property and the Commission and the Club Approved the Third and Fourth Amendment. Now, when you read the Fifth Amendment, a lot of things happened to this property after the Commission Approved the Third and Fourth Amendment, and one of the most important aspects for your decision tonight, is that property is no longer owned as part of the overall Club property, like it was before. This property is separately owned by Morgran Greens' LLC so this Fifth Amendment as is being proposed, only relates to the development site and not the entire Country Club property. So, what we had to do with this Fifth Amendment is to address the site specific changes that are being proposed for this particular piece of property. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 201 1 PAGE 28 OF 44 Now, with that said, one of the still interconnecting issues between the Club and this property is the fourth tennis court; because the fourth tennis court was part of the overall Amendment to the Settlement Agreement, when this particular property was still owned by the Club; and the Commission and the Club agreed that they could remove one (1) Battery of tennis courts and replace it with two (2) new Batteries of tennis courts, total of four (4) as part of a Concurrency requirement and as part of the overall Settlement with the Club. And there were a lot of other, as you know, moving parts where the City got Conservation Easements and so forth." So, in going through the Fifth Amendment, we laid out the changes that needed to be made to the overall Settlement Agreement only with respect to this property, to make the Settlement Agreement - consistent with their new development plans that the Commission is considering tonight. When you go through the Fifth Amendment, it is basically saying that townhome units would be allowed; that the townhome units would have to be built in substantial conformity with the Engineering Plans that you just reviewed; that the short term transient rental prohibition would still be applicable, but in the context of townhome units. In addition, we made a slight amendment that now that they are going to townhome units. It's my understanding they can require each of the units to have that minimum tennis court membership so they can be members of the Club, as mandated under the Settlement Agreement; where before, when they were proposing condominiums, apparently they could not do that, make it mandatory. So, we modified that provision." Furthermore, Attorney Garganese stated, "Some more changes to make it clear that this is related to townhome properties. And then we went in and we looked at those action items under the Third and Fourth Amendment that were executed and we put some acknowledgements in here that some of those items have been fully completed. But they are still an outstanding issue with respect to the Stormwater or the Borrow Pit that was constructed along Northern Way for soil excavation; a few other landscape enhancements need to be done there; so, that's in this Agreement. And, then there's the issue with the Emergency Ingress and Egress Easement. If you recall, a whole handful of Easements were required to be conveyed to the City as part of the overall settlement. Some of those have been conveyed to the City, like the Conservation Easements, but there is an Emergency Ingress and Egress Easement that has not been conveyed yet, that needs to be conveyed by the Club, consistent with the previous Settlement Agreement. So, we made that a condition; and then there are some other Stormwater Easements, and Ingress and Egress for a Stormwater Easement that still needs to be conveyed by the Club, and I just want to make it clear on the Record, because we didn't talk about this under Final Engineering — those Easements still need to be conveyed to the City as part of the overall Settlement Agreement, and in conjunction with the Final Engineering Plans." Attorney Garganese added, "We need to make it clear - that the Club, even though they no longer own this property, they still need to convey those Easements. And I believe the current property owner is working with the Club to make that happen." Mr. Fields remarked, "Yes, those Easements are in progress. I would say prior to final acceptance, those Easements need to be recorded. We have received some, we're reviewing those now. We've been asked to review them." The previous owner who passed away was referenced and then Attorney Garganese pointed out, "The Fifth Amendment to the Settlement Agreement is actually the first foundational document that the Commission really needs to Approve, to then Approve the Engineering Plan Amendments and the new Aesthetic Review, because without the Approval of the Fifth Amendment to allow townhome units, you can't Approve the Engineering Plans for townhome units. So, with that said, we have the whole issue with the fourth tennis court. The Club and the property owner have petitioned the City — there is a document in the Record, in your Agenda Item requesting that they delete the fourth tennis court requirement. So, that's up for discussion because that was a significant issue for the Commission when the Commission Approved the Third Amendment to the Settlement Agreement to allow this property to be converted into sixty (60) condominium units rather than detached single family homes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 29 OF 44 Commissioner Krebs asked Attorney Garganese to further address Concurrency; to which Attorney Garganese remarked, "At the time that the Commission Approved the sixty (60) condominium units, there was a question of what recreational amenities are going to be allowed or be built in conjunction with this project and the thought process was, well if you tie it to the Club, that is the recreational amenity for this particular project and they can fit more units onto this property because there would be no need for onsite recreational — it would all be tied to the Club, and as part of, as you know all development projects, they're reviewed for Concurrency with the City's Recreational Comp[rehensive] Plan requirements. So, the Third Amendment stated that tying this to the membership with the Club, and building the new tennis courts would satisfy the Recreational Concurrency requirements that the City had in place at that time." Commissioner Krebs then asked, "Why would it change now? Why would we want to change just our Settlement Agreement to take out Recreational Use?" Attorney Garganese explained, "They built three (3) out of the four (4). It is just they're raising a question of demand, because that was another point that's not in the Agenda Item that I should note — if you recall back in January of 2010, the Club wanted to change the deadline for the fourth tennis court, and there was some discussion about re -modifying when that fourth tennis court would have to be built. The Commission's direction was we'll go ahead and discuss changing the deadline for the fourth tennis court, provided that they made the second installment payment that they were required to make under the Third Amendment for the TLBD (Tuscawilla Lighting and Beautification District) Beautification contribution, so they did make that second installment; however, the project just laid dormant for quite some time until a new Developer came on to the scene and now wants to complete the project. So, we never did finalize a changed deadline. The deadline is still tied to the condominium project that you all Approved. That's why I brought it up during the first item. So, you all need to decide whether there should be a deadline for the fourth tennis court or whether you should accept the request that the property owner and the Club, to delete the fourth tennis court requirement. Whatever you all decide, needs to be incorporated into the Approvals and the documents that you have before you." Mayor Lacey noted that Public Hearings Agenda Items `504.1 ', `504.2' and `505' would all now be discussed simultaneously: Commissioner Krebs commented, "In some of our material that we got, part of the argument was that the - economic conditions have caused the feeling that maybe it is not needed, and also the Use — but my argument to that would be that is today, and we have to build for the future as well. And, my argument would also be that this was a Settlement Agreement that we worked many hours on getting to and I am not comfortable taking out a fourth tennis court that we had numerous and lengthy conversations on, right now without any kind of statistics provided to me why it would not be needed; especially when you are going to build sixty (60) unit townhomes now and there could very well be that need. I believe there will be." Continuing, Commissioner Krebs remarked, "At the very least, and I don't know Anthony (Garganese) how this would work, but I would ask that — if you are unsure how you want to decide Commissioners, that we postpone that part of it." Commissioner Krebs added that she would appreciate the City Manager "To be able to research it a little bit more and provide us with further information so that we can make such a final decision on something like this." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26,201, PAGE 30 OF 44 Commissioner Resnick stated, "Under the Membership Agreement - I am guessing what would be the Golf Course and Tennis Center and the residents who move in there. In reading it, I read it two (2) ways: One (1), that when you purchase the property, you get the right to own a membership based on the minimum fees as offered by the Golf Club, but there is no set minimum fees. Following that question to you, then what if the person chooses to buy it as a rental unit, who gets that membership? My third question following that then is, as a recreational piece, there is no opportunity for recreation if they don't buy into that membership. So, that is where I am concerned." Further comments. Mr. Daniel S. Thall, Morgran Management, LLC 450 North Wymore Road, Winter Park, Florida: remarked, "We did some research on the membership issue. We can't require the people who buy these units to even participate, even though we give them the membership for the first year, because of the monthly Dues issue. So, the best way that we knew, through our Attorney's, to try to provide the people who are going to be buying these units the correct recreational activities, is we are supplying a one (1) year membership to each of the units themselves and that membership is transferable and stays with the unit for as long as it exists. So, if there were a sale, the next person who bought that unit, or rented it, would have the ability to utilize that. As far as we know, we can't force them to utilize it, but it is available for each and every resident." Attorney Garganese said to Mr. Thall, "So, you are saying that there is a membership that's tied to each unit and as the units get turned over, that membership will always remain with the unit so they would not have to pay another Initiation Fee, but they could reactivate the month to month Dues?" Mr. Thall stated, "Yes. I think there are two (2) different issues here. There is an Initiation Fee which as a Developer we're paying to the Golf Course..." Attorney Garganese said, "...Right, but is that going to be in perpetuity..." Mr. Thall added, "...Yes..." Attorney Garganese continued, "...Regardless if somebody moves in, they get the Initiation Fee has been paid, they pay Dues for a year and decide that they no longer want to be members of the Club, and then a year later they want to belong to the Club again. Would there be a Re -Initiation Fee or has that already been paid and satisfied because the membership is tied to the unit?" Responding, Mr. Thall explained, "No. We paid a premium for that, to get it tied to the unit. We actually paid more than what a typical Initiation Fee is. So, that Initiation Fee is tied to that unit forever; as long as the people, whoever the purchaser of the unit or renter of the unit pays the monthly dues, then they're members of the Club. When they sell it, the new owner comes in, as long as he agrees to the Club rules obviously and pays the monthly dues, they're a member of the Club. But it's not a case where we can force them to be a member. We're going to provide the initial Fee and then from that point forward, it's really between the Club and the tenant, and the person who bought the unit; because there is no ownership between the Club and the development at all." Further comments followed on Fees, amenities, and possible annual increases. Mr. Thrall pointed out, "There's no way, as a Developer of this property, that we can legislate what the Club is going to do in the future, obviously; but there are certain costs even if you have your own facilities for maintenance, upkeep, reserve to repave, to do those kind of things." Commissioner Resnick referenced the history of this project and noted, "I am just concerned about the recreation for our residents if it gets out of their price range at some point." Attorney Garganese agreed with Commissioner Resnick and noted, "If they don't pay the dues, then they don't have access to the recreational amenities, like someone who bought into a subdivision where the recreational amenities are common areas where they are a member and they have an absolute right to use. This is a little bit different situation and was a compromise in the overall grand scheme of the Amendment to the Settlement Agreement." Attorney Garganese mentioned, "It really came down to how many units can they get. They wanted sixty (60) and put sixty (60) on the uplands portion of this property. They had no room to put other recreational amenities on site." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— SEPTEMBER 26, 2011 PAGE 31 OF 44 Tape 3/Side A Attorney Garganese added, "You should note they, the Club at the time gave up development rights to build numerous units along the driving range area where they had the right under a Settlement Agreement that was Approved in the [19]90's to build many single family homes right down the 9"' Fairway behind the driving range and around. They gave up those rights but the City kind of shifted part of those unit development rights to this site and this was the recreational compromise to make the whole deal work." PUBLIC HEARINGS 504.2 Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing To Consider The Aesthetic Review For The Proposed Tuscawilla Greens Project, A 60-Unit Townhome Development. FISCAL IMPACT: The Potential Tax Revenue Of The Proposed Project Is Estimated As Follows: Townhomes (60 Units) Units (1,800 Square Foot Average) Assessed At $90.00/Square Foot: $9,720,000.00 Assessed Tax Value (I,800 x 90 = 162,000 x 60 Units = $9,720,000.00) $9,720,000.00/1000 = $9,720.00 $9,720.00 x (2.5814) = $25,091.21 $25,091.21 (Less The 4% Statutory Discount) _ $24,087.56 Tax Revenue City Of Winter Springs Taxes Paid On Vacant Land Now (Data Obtained From Seminole County Property Appraiser): $3,097.68 $3,097.68 Tax Revenue Total Potential Tax Revenue: $27,185.24 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff And The Planning And Zoning Board(/Local Planning Agency) Recommend That The City Commission Approve The Aesthetic Review Package For The Tuscawilla Greens Townhome Development. 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- SEPTEMBER 26, 2011 PAGE 32 OF 44 PUBLIC HEARINGS 505. Public Works Department And Office Of The City Attorney REQUEST: Requesting Approval Of A Fifth Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Development Of A Portion Of Parcel 7 As Townhome Property By Morgran Greens, LLC. 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, 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. In Addition To The Communications Efforts Listed Above, A Sign Has Been Installed At The Front Of The Development Property Notifying The Public That The Tuscawilla Greens Project Will Be On The September 26, 2011 City Commission Agenda. RECOMMENDATION: Staff Recommends The City Commission Approve The Fifth Amendment To The Settlement Agreement, Subject To Modification To Waive The Requirement For The Fourth Tennis Court Per The Tuscawilla Country Club's And Morgran Greens' Request, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. 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. Mayor Lacey noted that Public Hearings Agenda Items `504.1 ', `504.2' and `505' would again all be discussed further: Mr. Fields then commented, "On the fourth tennis court — this aerial shows what it was before there was a project. We had eight (8) courts." Then referring to a photograph, Mr. Fields showed the Country Club entrance and where a set of tennis courts was removed and noted, "That set of two (2) was removed for the development project; the site was cleared and they have installed three (3) new tennis courts. This is the condition as of today. So, I just wanted to make sure the Commission understood that they removed two (2) existing, they built three (3), and what has been submitted with this Plan is a request to not build the fourth. So, what we're asking the Commission to do tonight with the Settlement Agreement is to Approve the Settlement Agreement and give direction regarding that fourth tennis court. Whether to keep it per the current Agreement, whether to grant the request to waive it, or some other action as the Commission seems appropriate." Mayor Lacey mentioned that he thought we owed an answer to the Applicant tonight, as we try to be "Friendly to do business with and that when you come in with a project, you may not get the answer you want, but you will at least get a prompt answer and Staff will be easy to work with." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 33 OF 44 Discussion followed on previous City Commission decisions and whether they were binding; and the City Commission giving direction to businesses. Commissioner Krebs referenced the City Manager, and that regarding City Staff in attendance tonight "We also understand that he is the one who does a lot of the negotiations here, and that these other people have not had that opportunity; especially if something else has come forward." Further comments ensued on previous City Commission decisions. Mr. Monte Carmack, General Manager, Tuscawilla Country Club, 1500 Winter Springs Boulevard, Winter Springs, Florida: responded to where a fourth tennis court would go, and explained, "The only place that we have come up with to put a new fourth tennis court when the demand is there is to the — left of the three (3) courts, which would start taking away the parking places we have there." Further comments. Attorney Garganese added, "The Country Club owns the tennis courts; it's on Country Club property. With discussion, Commissioner Bonner noted that he agreed with Commissioner Krebs in that a little more time to consider this issue would be helpful and said that although he very much appreciated the input from City Staff, Commissioner Bonner mentioned, "I really do wish I had the opportunity to hear our Manager's perspective on this, and I am uncomfortable that I don't have that at this time." Discussion followed on whether this issue could be discussed at the next City Commission meeting, so that the City Manager could further review the issues. Mr. Fields noted, "We do have to bring back the Plat, which is under review, probably two (2) meetings out; so, I'm hearing from the Attorney that to not Approve the Engineering or the Aesthetics, prior to Settlement Agreement; that the fourth court is an integral part of that Settlement Agreement, so unless the Attorney feels otherwise, I believe they would all have to go together." With further comments about Concurrency, Commissioner Bonner commented, "Does some of that land that was conveyed to us, represent satisfaction of that recreation need, or is there an opportunity to utilize some of that land to satisfy some of that recreation need if the answer is not a tennis court — some of that land may be, if I understand it, it has been conveyed to the City..." Attorney Garganese stated, "...Correct..." Commissioner Bonner continued, "...So, wouldn't there be possibly an opportunity to do something of public nature with some of that land, that has been conveyed perhaps to satisfy Concurrency?" Commissioner Bonner then asked for more information on possible options. Related to the Concurrency issue, Attorney Garganese pointed out, "From a conceptual standpoint because when the Commission Approved the previous Settlement Agreement to allow sixty (60) condominium units — the Commission Approved this Concurrency satisfaction or completion concept; meaning if they build the fourth tennis courts and they tie it to the Club membership to the extent that they can, that was satisfactory for the Concurrency. To undo sixty (60) units at this stage in order to provide additional land for Concurrency is probably not the direction you want to go in. I think the issue is with respect to the tennis courts, is that when the Settlement Agreement was modified with sixty (60) potential new tennis members, was four (4) tennis courts sufficient to cover the projected demand and that was a big issue at the time. So, in my mind, the issue isn't providing more recreational opportunities on site, I think that water has already gone under the bridge. I think you all need to wrestle with whether or not that fourth tennis court needs to be constructed at all or whether it needs to be constructed at some time, once there is demand. Because from the City's perspective, you wouldn't want to have sixty (60) new units be built, you said that the fourth tennis court was part of meeting Concurrency recreational requirements, and all of those sixty (60) units remain members with the Club, and there isn't sufficient opportunity for people to play, because then they've lost the recreation amenity that the City said was necessary for Concurrency." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 34 OF 44 Commissioner Bonner then noted, "The essence of the Agreement was to build four (4) tennis courts and that would satisfy the Concurrency; even though those four (4) tennis courts were going to be conveyed to another owner; so, it was effectively a deal to create recreation in the form of four (4) tennis courts, even though those tennis courts were going to be owned by a private Club. So, I get it. I guess effectively the City picks up a certain amount of recreation that is available to the citizens; so, in the spirit of the original deal, if the previous Commission had made that decision, was correct and that is the proper amount of Concurrency, then it seems to me that something equivalent to a fourth tennis court, whether that is at the Country Club or somewhere else within the City limits would effectively satisfy the letter and the spirit of the original deal; and meet the original intent I think of the original Commission in order to have recreational amenities equal to four (4) tennis courts." Attorney Garganese added, "There's a little more recreational amenities, because you also have the swimming pool, and you have the workout facility, and you're allowed to use, my understanding, you're allowed even as a tennis member, correct me if I am wrong, to use the golf facilities a certain number of times a year. So, the thought was back then, because this was a very unique situation, by tying the two together as close as possible, the development property with the Club amenities, you were affording an opportunity for these sixty (60) unit owners to have something that no one else has." With further comments, Commissioner Bonner explained, "To me, the spirit, the letter of the agreement would be that the City and its residents would be less one (1) tennis court or the equivalent recreation value thereof, however one would define that. So, perhaps the opportunity if that still needs to be, is for an equivalent fourth tennis court solution to be satisfied, whether that is in the form of a tennis court or some other recreational amenity. And certainly, I would have guessed that our Parks and Recreation Department and Director and probably our City Manager could find an opportunity to increase the recreational impact for the City that would equal a fourth tennis court and that would satisfy the original deal, effectively." Additionally, Commissioner Bonner added, "I compliment the Applicant for coming up with a perpetuity opportunity to take care of the sixty (60) residents but the community at large is going to be less one (1) tennis court or its equivalent recreational value. So, maybe there is an opportunity to find another solution. If the Country Club doesn't want a fourth tennis court, great, there are a whole bunch of Parks right within walking distance from where those residents will live, that they could walk to and take advantage of a different amenity. I can recall some things that are needs, that are within the Tuscawilla community, within City Parks that are currently unfunded..." Commissioner Krebs added, "...Yes, Trotwood (Park)." Commissioner Bonner continued, "For example, don't we need to re -do a tennis court..." Commissioner Krebs noted, "...Exactly..." Commissioner Bonner then said, "...Over at Trotwood Park - well, that might be a simple fix. Let's just fix that tennis court, and all the residents benefit from that, including the ones that perhaps don't take advantage of the perpetuity opportunity, choose not to invest in the membership, but they might walk, ride, or drive over to Trotwood and use the Trotwood tennis court, like any citizen could. So, that would give us that fourth amenity or that fourth tennis court, or it could be a different feature or fixture." Mr. Thall then pointed out, "The problem that I have is the tennis court is still tied to our development, even though the golf course owns no part of the development anymore. I have no leverage even though we have a great relationship, no leverage whatsoever to make these people build a fourth tennis court." Continuing, Mr. Thall spoke about this as a business opportunity; the amenities that come with being a part of this Country Club and added, "I would like you to consider the fact that you're asking not only that I'm tied to the tennis court for my production, but you're also asking a businessman to build something that he doesn't need and that's not going to get used. Now maybe there's a solution - these guys own golf courses all over the country. They're not in business to lose money. If there's a need for the tennis court, they'll build the tennis court. So, maybe there's a way to tie that in somewhere down the road; but I wish there was some type of separation where there wasn't such a rigid timetable." Further comments followed on current usage of Country Club facilities, renovated facilities, and other possible options. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 35 OF 44 Regarding a previous plan for condominiums between a Developer and the Country Club arrangement, Attorney Garganese pointed out, "For the condominiums, the original discussion was to make the membership in perpetuity, but then we got into the legal issue that that would be prohibited under some of the housing laws because it's a separate piece of property and you can't force the payment and membership; so, it was just tied to providing that initial membership opportunity." Commissioner Krebs noted, "And the reason that we did use the Concurrency that way, was because there was no room for any kind of amenities within the development. Right?" Attorney Garganese agreed. Commissioner Krebs continued, "So, what changed it is, the fact that it went to townhomes. Is that what changed it? What changed this situation? Why are we now discussing changing the Settlement Agreement again for the 51h time?" Attorney Garganese remarked, "With respect to the tennis courts — the change from condominiums to townhomes is driving a new Approval process. As part of the new Approval process, they want to address the fourth tennis court." Further comments ensued on previous planned arrangements related to the tennis courts, the former owner, and the difference in the currently proposed plans; to which Commissioner Krebs asked Mr. Thall why he wanted to change the arrangement. Mr. Thall responded by saying, "The two (2) points that I made earlier — one, because I have no leverage with the Country Club to compel them to build this fourth court..." Commissioner Krebs then inquired, "...How come you don't and Tom (Corkery) did?" Mr. Thall explained, "Because he and the Golf Course were partners. The Golf Course was a majority owner in the complex." Attorney Garganese then added, "It's a different situation in that you have an independent property owner who doesn't have that same business relationship that the prior property owner had with the Club." Commissioner Krebs furthermore asked, "Doesn't a Developer when they are bringing in like sixty (60) units like you are, don't they have some Concurrency responsibility?" Mr. Thall noted, "That was already addressed in the Third and Fourth Amendment though." Attorney Garganese added that the sixty (60) condominium units could be built as previously authorized; and stated, "They could go forward and do that. The problem is as he said, he is going to be shut down at the 32°d or 33`d C.O. (Certificate of Occupancy) unless the Club builds the fourth tennis court; and I guess he's articulating that he doesn't have the leverage that Tom (Corkery) had, to build that fourth tennis court." Mr. Thall added, "Just for general information, the only reason we're asking for the change in designation from condos to townhomes is because condos are poison right now." Additionally, in explaining what would be provided, Mr. Thall commented, "When the people come in, they're going to have a complete package of what their unit includes which is going to include, in perpetuity the membership to the Club. They choose whether to take advantage of that on a monthly basis or not. I can't control that decision for them. Certainly, if they want to take advantage of it, it's one of the nicest packages anywhere for a townhome complex. And that's about the best we can provide." Mr. Thall added, "There's no other room to do anything else unless you want to give us some property back, then we'd be happy to put some other recreation in it. There's nothing left." Furthermore, Mr. Thall explained, "We're providing a service — we went ahead and we paid for these memberships up front, so that there would be no doubt that they're reserved. Upon sale, these people would be transferred these memberships and in perpetuity, every time that that unit sells the membership goes along with it. And as long as they choose to participate which is like anybody else, then they will have that right to do it. And as far as Concurrency, like I said, there are more amenities recreation -wise, on this site, on a sixty (60) unit site, than I've ever seen." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 26, 2011 PAGE 36 OF 44 Additionally, Mr. Thall noted, "The HOA (Homeowner's Association) Fees are a cost too. And by the way, the HOA (Homeowner's Association) Fees on this job will be the lowest in the area, because they don't have to pay reserve on tennis courts, and swimming pools and service and basically, they're going to have to cut the grass and pay the electric bill, and that's it. So, there is also a benefit in that." Mr. Lockcuff said, "Since the Final Engineering and the Aesthetic Review are contingent upon the Settlement Agreement Approval, if they're deferred, does that impact you? How bad I guess does that impact you?" Mr. Thall noted, "We'd like to start - this project in January." Mr. Thall added, "Yes, we'd like to get started as quickly as possible. And we think the market is there. So, we're pretty excited." Continuing, Mr. Lockcuff then said to Mr. Thall, "Would you be comfortable if the Commission deferred the tennis court decision by itself, for maybe the 61h Settlement Agreement, and consider this Fifth, excluding the tennis court?" Mr. Thall replied, "Wouldn't be an ideal situation but if that would move things forward, sure." Then Mr. Lockcuff asked, "What would be your preference?" Mr. Thall stated, "To move things forward as quickly as possible." Further comments followed on the responsibility to fulfill obligations related to the Settlement Agreement. Attorney Garganese explained, "The Club has right now, the continuing obligation to build the fourth tennis court. Under the Settlement Agreement, it only required from a construction standpoint that once they removed the two (2), they had to have in place at least one (1) Battery of two (2) tennis courts, and then the other two (2) tennis courts would be built at a time, sometime in the future..." Commissioner Krebs noted, "...Which we did to ease the burden..." Attorney Garganese agreed and added, "...Exactly, to ease the burden in constructing, but they chose to build three (3) and leave one (1) out so — the Commission said, well in order to provide that date certain, the Commission imposed the deadline tied to this project, which was the 33`d C.O. (Certificate of Occupancy). So, to answer your question, yes there is a continuing obligation on the Club to build the fourth tennis court but from a timing standpoint, there's no time certain in the Settlement Agreement. It's tied to the Final Engineering Plans for the project - you could change that, but if you Approve the Engineering Plans without any time certain, then you are just going to have a continuing obligation on the Club with no date certain." With additional discussion on Concurrency, Mr. Stevenson noted, "In terms of the City, in our Comp[rehensive] Plan, we have established certain levels of service standards for - park space rather then Open Space." Further comments. The difference in the Comprehensive Plan and previous versions was next addressed; along with the City and businesses. Tape 3/Side B Referencing Easements, Commissioner Bonner spoke of some unfinished business between the City and the Country Club and noted, "Do we need to modify the Agreement just to make sure that we get those Easements done? Do we need to put something in there just to make sure that all remaining business gets taken care of and maybe that wraps that up so the City has what it needs, and the citizens have what they need? Is that an opportunity here? These are the sort of things I think the Manager would normally hammer out." Attorney Garganese noted, "It needs to be imposed as a condition for the project. It's being worked out. I don't think it's going to be an issue but it needs to be a condition that those Easements be granted because they're tied to this project. You need the emergency Ingress and Egress Easement for the project. You need the Stormwater Retention Easement; I mean they have to provide it as part of the Approval process for this project. So, impose it as a condition like you've done many, many times before when Easements have to be granted; and they would have to get those Easements in place before the C.O.'s (Certificate of Occupancy) are issued for the project." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 37 OF 44 Commissioner Bonner then asked, "Is there any other unfunded business between the City and the Country Club — this is a great opportunity to finish that unfinished business. Are we aware of anything?" Attorney Garganese remarked, "The tennis court issue of course, and then the retention — the Borrow Pit." Further comments followed on the Borrow Pit and Attorney Garganese added, "Brian (Fields) said that additional landscaping..." Mr. Fields noted, "....As mitigation for the water level being low. We can't change the groundwater. Some supplemental landscaping is what we agreed to, to enhance that area to make it just a little better looking for the public." Commissioner Bonner commented, "That is inside this Fifth version..." Attorney Garganese said, "...Yes. It is the Amendment and I assume that it's the Developer that is going to take on that obligation, even though it is on the Club property — to provide that landscaping." Mr. Fields remarked, "It is noted that we would expect it to be in place, required prior to Site acceptance for the condominium project. So, all the Easements recorded; all the Borrow Pit area done, before we bring the Site back to the Commission saying it is ready for Building Certificates of Occupancy. All those Easements need to be recorded by that time." Attorney Garganese added, "And I'm making a big presumption that the Club doesn't have a problem with planting additional landscaping along that Borrow Pit." Mr. Thall said, "That is correct. With further comments, Commissioner Bonner then stated, "Again, I would be much more comfortable if I had the Manager's diligence to poke around there and make sure we are not overlooking something in the late hours of a rather long Commission meeting." Continuing, Commissioner Bonner added, "I am inclined to postpone this to date certain, being the next Commission meeting, giving the Manager just the one last chance to look through this, and study the notes." "I MAKE A MOTION THAT WE POSTPONE TO DATE CERTAIN, TO THE NEXT COMMISSION MEETING, ADDRESSING `504.1', `504.2', `505'." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED THE MOTION - "TO POSTPONE ITEMS `504.1', `504.2', AND `505' TO THE DATE CERTAIN BEING OCTOBER LOTH, (2011), THE NEXT COMMISSION MEETING." VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 506. Office Of The City Manager REQUEST: Requesting The City Commission Approve On Second Reading Ordinance # (Number) 2011-13 Which Repeals The Public Building Impact Fee. FISCAL IMPACT: The Repeal Of This Impact Fee Will Result In A Savings To New Development Or Redevelopment Of Up To $400.00 Per Dwelling Unit And Up To $925.00 Per 1,000 Square Feet For Commercial Development. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 38 OF 44 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. In Addition, Development Services Staff Is Advising Any Affected Applicants In The Permit Review Process Of The Potential Repeal Of This Impact Fee. The Notice Of Public Hearing For This Ordinance Was Advertised On September 15, 2011 In The Orlando Sentinel Classifieds. A Copy Of The Ad Is Attached. RECOMMENDATION: Staff Recommends The City Commission Hold A Public Hearing And Approve On Second Reading Ordinance 2011-13 Repealing The Public Building Impact Fee. Attorney Garganese read Ordinance 2011-13 by "Title" only. Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input "portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2011-13)." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 507. Office Of The City Manager And Community Development Department REQUEST: Request That The City Commission Hold A Public Hearing For The First Reading Of Ordinance 2011-14, Which Establishes The Jobs Growth Incentive (JGI) Program, An Economic Development Cash Incentive Program To Entice Relocating Or Expanding Businesses That Are Considered Targeted Industries That Create Qualifying Jobs Within The City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 39 OF 44 FISCAL IMPACT: There Is No Immediate Fiscal Impact Associated With This Agenda Item. However, The City Has Allocated Certain General Fund Revenues As A Mechanism To Fund The JGI Program. As Stated Above, The Commission Will Review And Decide On Funding On A Case -By -Case Basis. Part Of The Commission's Consideration Of Each Application Will Be The Return On Investment Period. The Commission Will Consider The Anticipated Ad -Valorem Taxes To Be Generated By The Project And The Anticipated Time Period For Said Ad -Valorem Taxes To Equal And Exceed The Award Amount As Well As The Overall Economic Impact Of The Project Upon The Local Economy. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And Community Development Department Recommend That The City Commission Approve The First Reading Ordinance 2011-14, Which Establishes The Jobs Growth Incentive (JGI) Program Which Will Allow The City To Utilize This Economic Development Program As A Business Recruitment Tool And Move The Ordinance Forward To Second Reading. "MOTION TO READ BY `TITLE' ONLY." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011-14 by "Title" only. Mr. Stevenson explained that this was an Economic Development "Tool in the tool box" for discussions with prospective companies. Mr. Stevenson added, "There will be a Resolution at your next meeting talking about the Ad Valorem Tax incentive — that's another `Tool in your tool box'. But tonight we're talking about JGI (Jobs Growth Incentive) — this is again, it's a cash entitlement enticement for relocating expanding targeted businesses in the City. They must satisfy specific criteria." Mr. John M. Jones, AICP, Senior Planner, Littlejohn Engineering Associates, 1770 Fennel Street, Suite 200, Maitland, Florida: addressed the City Commission and noted, "We're getting near the end of the turnkey process in setting up your Economic Development Program and this is one of the tools to be located inside your toolbox to be brought to bear, when you're going through your future Economic Development activities." 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 - SEPTEMBER 26, 2011 PAGE 40 OF 44 Mr. Jones mentioned the proposed draft Ordinance and stated that for the Salary and Wage Level requirements from Fiscal Year 2010, there will be providing "Updated information with regards to the current Salary and Wage Level requirements for - Calendar Year 2011; and we'd just like to let you become aware that that information will be placed into the Ordinance for the Second Reading, so it will reflect the latest and greatest data." Regarding the data, Mr. Jones addressed an inquiry from Commissioner Bonner and remarked, "They're coordinated with the Economic Development Department of Seminole County that utilizes the Enterprise Florida Inc. accepted Wage Levels — that way you're consistent with all State, Regional, and County programs so that if someone applies for an incentive here, and satisfies your criteria then they also satisfy the criteria of the Regional and County products as well; so, you could piggyback those incentives together." With further comments, Commissioner Bonner noted, "All we are approving is the creation of a structure that allows us to go and compete in this method." Mr. Stevenson responded by saying, "That's correct." Mr. Jones added, "Having the operational framework installed and in place will enable the City to react quickly to any opportunities that present themselves." "I WILL MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY ADDED, MOTION TO "MOVE ORDINANCE 2011-14 TO SECOND READING." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Public Works Department REQUEST: Requesting Authorization To Enter Into A Stockpile Agreement With Mattamy Partnership To Permit The Conditional Stockpiling Of Soil On The Jesup's Landing Townhome Site In Order To Advance Prepare A Portion Of The Site For Future Townhome Construction. 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 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 41 OF 44 In Addition To The Communications Efforts Listed Above, Written Notices Regarding This Agenda Item Have Been Sent To All Residents Of Tuscawilla Trace, St. Johns Landing, And All Properties Abutting Orange Avenue. A Sign Has Also Been Posted At The Front Of The Jesup's Landing Site Providing Public Notice For This Agenda Item. RECOMMENDATION: Staff Recommends The City Commission Provide Authorization To Enter Into A Stockpile Agreement With Mattamy Partnership To Permit The Conditional Stockpiling Of Soil On The Jesup's Landing Townhome Site, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. Mr. Fields spoke on this Agenda Item and reviewed a brief presentation about this matter with the Mayor and City Commission and noted that "All work will be performed during daylight hours, Monday through Friday. Dusk is a concern with that much of a stockpile. There are some provisions to control that." Additionally, Mr. Fields mentioned, "The stockpile will be minimally compacted with equipment - no vibratory equipment would be utilized. There is an existing perimeter chain link fence that will remain in place throughout the project for security concerns." Lastly, as noted in the Agreement, Mr. Fields pointed out, "They will be providing a Letter of Credit so in the event they stockpile and for whatever reason, abandon the site the City has a means to restore the site, at least to the condition that it's in today." "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. REGULAR 601. Office Of The City Clerk REQUEST: Requests The City Commission Consider The Information In This Agenda Item As It Pertains To City Clerk's Performance Review For The Period From September 28, 2010 — September 26, 2011. (The Actual Anniversary Date Is September 27 For The City Clerk). FISCAL IMPACT: As No Merit Raises Were Approved During The 2010-2011 Fiscal Year, No Additional Funding Is Requested As Part Of 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 42 OF 44 This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The Mayor And City Commission Are Requested To Review This Agenda Item Including The Submitted "Performance Evaluation Form" And If Acceptable To The Mayor And City Commission, To Deem Completing The "Performance Evaluation Form" With Consideration Of Any Input Or Suggestions They May Have. Commissioner Bonner stated to City Clerk Andrea Lorenzo-Luaces, "You were kind enough to include a very nice form for us to have the opportunity to utilize and we would be able to return that to you during the normal course of business for your feedback?" City Clerk Lorenzo-Luaces said, "Of course." Further comments followed that there were no Merit Raises for any employees this fiscal Year. Commissioner Krebs stated, "Thank you for putting this together Andrea (Lorenzo-Luaces), there was a lot of work in it." REGULAR 602. Community Development Department - Arbor Division REQUEST: Requesting That The City Commission Consider The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. The Resident Is Concerned That Large Limbs Extending Over The Roof Of Her Home Pose A Safety Hazard And Could Cause Damage. FISCAL IMPACT: If This Request Is Approved, The Applicant Will Pay A $25.00 Arbor Permit Fee And There Will Be Mitigation Requirements In The Form Of Additional Tree Plantings Required As Per The City's Arbor Code. 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 Applicable City Staff, eAlertleCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 43 OF 44 RECOMMENDATION: Staff Recommends That The City Commission Deny The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. The Tree Is Currently In Good Overall Health And Appears Structurally Sound. Additionally, The Tree Has Not Caused Any Visible Damage To The Driveway Or Surrounding Structures That Could Be Seen During A Normal Arbor Inspection. Staff Could Find No Existing Condition That Rose To The Level Of An Extraordinary Circumstance Or Hardship As Referenced In Section 5-8.(b) Of The Arbor Ordinance. Mr. Stevenson began the discussion on this Agenda Item and during a presentation, advised the City Commission that "Based upon our criteria located in Chapter 5, we could find no hardship or reason to put Staff at this point, to recommend removing the tree." With further comments about the tree in question, Mr. Stevenson suggested "They could selectively prune those limbs over the house to alleviate wind resistance and to take care of some of those limbs that they think might break off at this point." Mr. Stevenson added, "Staff would be open to reviewing this item again in six (6) months to a year, if the Commission should decide to take that route; plus we're also willing to work with the owner and maybe a tree company to selectively trim this tree." Discussion followed on mitigation and approximately how old the specimen tree was. Regarding the age of the tree, Ms. Stephanie Wolfe, Water Conservation Coordinator, Public Works Department stated, "My best guess would be maybe, 200 years old." Ms. Donna Gardinier, 621 Morgan Street, Winter Springs, Florida: addressed the City Commission and provided the City Commission with a document related to this specimen tree and spoke about her concerns. Deputy Mayor Hovey mentioned she had driven by this property and noted her concerns. Discussion followed on whether the tree could be trimmed; the age of the tree and the house; the growth of this specimen tree; permitting; selective pruning; engineering issues; and possible cabling options. With additional comments, Ms. Wolfe noted, "As the size of the tree is now, I'm surprised by the proximity to the driveway and I couldn't note any damage to the driveway or just from a basic visual examination to the outside of the house. So, it looks like the roots are not at this point, interfering with anything, so based on that size, I mean it could be a safe assumption that the roots probably aren't going to cause a big problem in the future; but, as for the limbs extending over the house, you could probably develop a good program that you could put in place that could mitigate some of the concern for the limbs extending over the house." "MOTION TO APPROVE THE APPLICANT'S REQUEST TO REMOVE THE TREE." MOTION BY DEPUTY MAYOR HOVEY. MOTION DIED FOR LACK OF A SECOND. Mayor Lacey explained, "To Approve the request, we have to believe that it presents a danger to the house. That puts us in a position of making an engineering decision." Commissioner Krebs commented, "Randy (Stevenson) brought up that we could check this, watch this and if we directed you to go back and check it within a year, or whatever; what would be the date that you think you could take a look at this?" Mr. Stevenson replied, "We had offered - six (6) months, a year. Certainly we'd be willing to check it at any intervals the Commission would deem necessary. I doubt you're not going to have a whole lot of change in six (6) months but we're certainly willing to look at it." "I WOULD BE WILLING TO MAKE A MOTION FOR YOU TO GO BACK AND LOOK AT THIS IN SIX (6) MONTHS TO SEE IF THERE IS ANY FURTHER DAMAGE AS SHE CLAIMS." MOTION BY COMMISSIONER KREBS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 26, 2011 PAGE 44 OF 44 COMMISSIONER KREBS ADDED, "I WOULD ALSO RECOMMEND THAT OBVIOUSLY YOU HAVE CALLED A TREE COMPANY IN BEFORE, BUT THOSE TREES HAVE TO BE TRIMMED SO THAT WIND CAN BLOW THROUGH THEM DURING STORMS, SO THAT IT DOESN'T PUT STRESS ON THOSE OTHER LIMBS, BUT I WOULD DEFINITELY RECOMMEND THAT YOU KEEP IN TOUCH." FURTHERMORE, COMMISSIONER KREBS SAID TO MS. GARDINIER, "YOU UNDERSTAND WE ARE `TREE CITY', AND WE HAVE AN ORDINANCE ABOUT CUTTING DOWN TREES." MOTION DIED AS IT WAS NOT RECOGNIZED. As it was 10:00 p.m., Mayor Lacey asked if there was a Motion to extend. No action was taken. Regarding the time and Agenda Item situation, Attorney Garganese remarked, "I don't think the Commission was done wrestling with this issue. Since you have to adjourn per your rules, it can go back onto the Agenda for the next meeting." Attorney Garganese added, "I didn't hear one way or another that the Commission was done with this item, so no final disposition, therefore it would be on the next Agenda." Mayor Lacey added, "All I can promise you Ms. Gardinier is that we will put it to the front of the Agenda." PUBLIC INPUT This was not held. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 10:02 p.m. Y SUBMITTED: DACES, MMC APPROVED: NOTE: These Minutes were approved at the October 10, 2011 City Commission Regular Meeting.