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HomeMy WebLinkAbout2011 12 12 Consent 200 Requesting Approval of the City Commission Regular Meeting Minutes of November 28, 2011COMMISSION AGENDA ITEM 200 December 12, 2011 Regular Meeting Informational Consent X Public Hearings Regular City Manager Department REQUEST: Requesting the City Commission Approve the Monday, November 28, 2011 City Commission Regular Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and /or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Minutes from the Monday, November 28, 2011 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by the Deputy City Clerk), and signed for by the City Clerk, no other party has required that changes be made to the Minutes before being submitted. Consent 200 PAGE 1 OF 2 - December 12, 2011 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 Monday, November 28, 2011 City Commission Regular Meeting Minutes. ATTACHMENTS: A - November 28, 2011 City Commission Regular Meeting Minutes Consent 200 PAGE 2 OF 2 - December 12, 2011 CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, NOVEMBER 28, 2011 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 2 OF 19 CALL TO ORDER The Regular Meeting of Monday, November 28, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was held, followed by the Pledge of Allegiance. Related to Agenda Changes, Mayor Lacey remarked that as discussed at the November 14, 2011 City Commission Regular Meeting, we were planning to have a presentation from the Seminole County School Board here at City Hall. Mayor Lacey referenced a Memorandum from the City Manager that Commissioner Cade Resnick and Deputy Mayor Jean Hovey had spoken to Seminole County Public Schools School Board Member Dede Schaffner about this and that as a couple of Commissioners originally were not going to be at tonight's Regular City Commission Meeting, it was suggested that this presentation be moved to the Monday December 12, 2011 City Commission Regular Meeting. Mayor Lacey added, "Subject to a Veto by the Commission, I told her that would be acceptable." No objections were noted. Mayor Lacey said he would contact them and he would discuss who should represent them at our City Commission Meeting. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Community Development Department is 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 3 OF 19 RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission approve and authorize the City Manager to execute the three (3) - year Agreement between the City of Winter Springs and the Scottish American Society of Central Florida, Inc. for the 35th , 36th and 37th Annual Central Florida Scottish Festival and Highland Games. FISCAL IMPACT: Scottish Highland Games on Saturday /Sunday (January 14th & 15th) Parks: No costs Public Works: No Costs Fire Department (Fire Inspection): Paid by Event Applicant Police: Paid by the Event Applicant Event Permit: Paid by the Event Applicant Total Cost of the Scottish Highland Games to City: $0 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 Parks and Recreation Department is requesting the City Commission approve and authorize the City Manager to execute the three (3) year Agreement between the City of Winter Springs and the Scottish American Society of Central Florida, Inc. for the 35th , 36th and 37th Annual Central Florida Scottish Festival and Highland Games. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -NOVEMBER 28, 2011 PAGE 4 OF 19 CONSENT 201. Finance and Administrative Services Department REQUEST: City Manager is requesting that the Commission consider approval of Resolution 2011 -55 amending the Fiscal Year 2010 -2011 Budget. FISCAL IMPACT: This agenda item only amends the budget and is for reporting purposes only it does not have an impact on actual revenues or expenditures. 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. Additionally, within one week of approval the fiscal year 2010 -2011 final budget amendment will be placed on the City's Website. RECOMMENDATION: The City Manager recommends the Commission approve Resolution 2011 -55 amending the Fiscal Year 2010 -2011 Budget. No discussion. CONSENT 202. Police Department REQUEST: The Police Department requests the City Commission to approve Resolution 2011 -58 to suspend on- street parking regulations during the 2011 Holiday Season. FISCAL IMPACT: None. 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 - NOVEMBER 28, 2011 PAGE 5 OF 19 RECOMMENDATION: The Police Department recommends the Commission approve Resolution 2011 -58 to suspend on- street parking regulations City -wide during the 2011 holiday season. This Agenda Item was not discussed. CONSENT 203. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Wednesday, November 9, 2011 City Commission Attorney — Client Session /Special Meeting Minutes. FISCAL IMPACT: There is no Fiscal Impact to this Agenda Item. At a later date, when the Court Reporter completes the official Transcript of the closed portion of this Attorney - Client Session, the Court Reporter will send in an Invoice for his /her services which typically can range from the hundreds of dollars on up, depending on the length /complexity of the closed portion of the Attorney- Client Session the Court Reporter attended. When that Invoice is received, it will be paid for (typically) out of the Line 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, 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 Wednesday, November 9, 2011 City Commission Attorney - Client Session /Special Meeting Minutes. City Manager Kevin L. Smith commented, "An oversight on behalf of Staff, relative to item 203, your Agenda Item is accurate and correct. The Agenda however under `Fiscal Impact' references the funding source for the payment of the bill. That funding source was left blank accidentally in the Agenda itself. It should just read from the Legal Line Code. Our apologies." CONSENT 204. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, November 14, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no Fiscal Impact to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 6 OF 19 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to 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 Monday, November 14, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT (AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese reference the Atlantic Housing Partners, LLLP Settlement, and that the Florida Housing Finance Corporation "Will be considering the transfer of Tax Credit request at its meeting, I believe it's December 6 th , ( 2011) coming up and I'm going to forward some information to you all. The local representative for Florida Housing Finance Corporation, so you all may want to make a contact there, I believe it's Mary Demetree from Winter Park but I will forward the information to you." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -NOVEMBER 28, 2011 PAGE 7 OF 19 REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith remarked, "First and foremost, as you all are already aware, but just to publicly let everyone in the audience and those listening on the internet - congratulate Chief (Kevin) Brunelle (Police Department), his entire team, and the entire City, for their Re- Accreditation that was just awarded - for a three (3) year period. So, if I could just impose upon everyone for a round of applause. It's a great accomplishment. It goes to the Chief's leadership and his entire team." Next, Manager Smith asked that Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduce his new Planner. Mr. Stevenson introduced Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department to the Mayor and City Commission and those in attendance. Lastly, Manager Smith commented on the City's Newsletter to the City Commission and stated, "For a variety of reasons in the past, before our Newsletter went out, it was asked or directed that that be reviewed by this body prior to it going out and if you all may recall, there were some reasons behind that. Now that we're going to a monthly Newsletter what I would humbly ask is that the Commission consider maybe allowing for a Staff approval of that or if you all would like to continue to see it, just from a turn- around standpoint, we'll be certainly happy to accommodate that. But, again, now that we're doing a monthly Newsletter, just to meet the deadlines that if you all would entrust me with that editing duty I will certainly not let you down." Commissioner Gary Bonner said, "I am certainly comfortable with that. If at all possible, I would appreciate the opportunity for an advance copy." Manager Smith responded, "Absolutely." Mayor Lacey added, "Likewise." Commissioner Resnick also agreed. Mayor Lacey then asked the City Commission, "Is there objection to the Manager taking direction to have authority to issue the monthly Newsletter ?" Deputy Mayor Hovey, and Commissioner Bonner commented, "No objection." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces mentioned that the Deputy Mayor Nomination Agenda Item would be on the December 12, 2011 City Commission Regular Meeting Agenda. REPORTS 403. Office Of Commissioner Seat One /Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey asked if anyone was planning to attend a Department of Transportation meeting on December 6 2011 that will deal with State Road 419, State Road 434 and State Road 426 and asked if anyone else was planning to attend. It was noted that Mr. Brian Fields, P.E., City Engineer, Public Works Department would also be attending. No one else mentioned they would also be there. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 8 OF 19 Next, Deputy Mayor Hovey said she attended a recent meeting of the Seminole County Public Schools School Board and pointed out that Dr. Tina Calderone is the new Chairman and Ms. Karen Almond is the new Vice Chair. Deputy Mayor Hovey added that at this same Seminole County Public Schools School Board meeting, Winter Springs' Elementary Schools are on the list for closure. Discussion followed on attendance thresholds; that a decision might be made in January 2012; what the source of this information was; and previous comments to the contrary made by Dr. Bill Vogel at a meeting that Commissioner Rick Brown had recently attended. Deputy Mayor Hovey then suggested that residents should contact their Seminole County Public Schools Board Member(s) if they are opposed to any possible Winter Springs schools closing. REPORTS 404. Office Of Commissioner Seat Two — The Honorable Rick Brown No Report. REPORTS 405. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner spoke of his rescheduling to be here tonight. Next, Commissioner Bonner commented about the intersection of Seneca Boulevard and Northern Way and asked that Mr. Fields asked him to explain what they were working on. Mr. Fields explained they were working on a valley gutter replacement at the intersection of Seneca Boulevard and Vistawilla Drive, and that this will be the first of others throughout the City. It was explained that this small project was estimated to take about two (2) weeks and that information was available on the City's Website. REPORTS 406. Office Of Commissioner Seat Four — The Honorable Cade Resnick No Report. REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Absent. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 9 OF 19 REPORTS 408. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey noted that he had attended a few SunRail meetings lately and suggested that if the City Commission had any input, to please get with him on this. Next, Mayor Lacey commented on a restructuring of the Mayors and Managers Group and noted, "The hope is to make it a more functional body that is a better facilitator of intra - municipality type of issues." Mayor Lacey also mentioned that the Mayors and Managers Group had discussed the viability of the Council of Local Governments in Seminole County (CALNO) and the basic consensus was that there were other local organizations that handled the same matters that the Council of Local Governments in Seminole County (CALNO) did; and that the various members of the Mayors and Managers Group were considering looking into the possibility that of disbanding the Council of Local Governments in Seminole County (CALNO). Continuing, Mayor Lacey inquired of the City Commission, "Is there any dissenting point of view on that from the Commission that I should be taking into account ?" Mayor Lacey then spoke briefly of the December Council of Local Governments in Seminole County (CALNO) meeting that the City of Winter Springs is hosting, which will be on Wednesday, December 7, 2011 at 7:00 p.m., here at City Hall. Furthermore, Mayor Lacey noted that he would keep them updated on this issue, and asked the City Commission to provide him with any comments they may have. Further comments. Discussion followed on whether Seminole County Public Schools School Board and Seminole State College are still a part of the Mayors and Managers Group, and some concerns that the Mayors and Managers Group has had with Seminole County Public Schools. Mayor Lacey mentioned that this is still being worked through with the reorganization of the Mayors and Managers Group. Commissioner Resnick then asked about the dissolution of the Council of Local Governments in Seminole County (CALNO), to which Mayor Lacey explained, "It would be a disbandment. How that would actually happen, it may be that it just completely disbands or maybe that just each municipality withdraws but Winter Springs would not withdraw unless it was a Consensus of everyone to withdraw." Mayor Lacey then commented on how the Oviedo - Winter Springs Regional Chamber of Commerce seems to be lined up more with Oviedo than Winter Springs and noted that on the Board of eighteen (18) members, eleven (11) are Oviedo representatives, two (2) Winter Springs representatives, and the others could be considered neutral. Mayor Lacey added, "I think we're losing out on Winter Springs representation there and I think that is a symptom of the problem. The major problem being more that there is not enough Winter Springs business participation in the Chamber. So, I think that is the solution to it. Mayor Lacey mentioned that he had asked the Executive Director to have his Sales Staff try to involve more Winter Springs businesses. Commissioner Resnick noted that the Oviedo - Winter Springs Regional Chamber of Commerce had an open call for four (4) new Board members and that all four (4) applicants were from Oviedo. Commissioner Resnick also mentioned that potential business owners he had spoken to wondered about the benefits of joining the Oviedo - Winter Springs Regional Chamber of Commerce members. Mayor Lacey noted that it would be very helpful for Oviedo - Winter Springs Regional Chamber of Commerce Sales Staff to help with getting Winter Springs businesses to participate. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 10 OF 19 Commissioner Bonner remarked, "Back to our Newsletter, since we are an (Oviedo - Winter Springs Regional Chamber of Commerce) Trustee member, would it be appropriate for us to include some sort of reference or note over to the Chamber's need for Winter Springs' diversification. Maybe that might reach an audience that is not currently being reached by the Chamber's efforts." Commissioner Bonner added, "Just bring it to the attention that there is a desire by the Chamber to expand its Winter Springs representation. Some supportive but not necessarily overt — we are not selling on their behalf, we are just bringing the information to the awareness of the community." Mayor Lacey suggested, "Commissioner Resnick, would you do that ?" Lastly, Mayor Lacey commented on "Light up UCF (University of Central Florida)" which is being held in early December and to let the City Clerk know if anyone wants to participate; and then Mayor Lacey would ask for armbands for those who would like to attend. ❖❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. ❖ ❖ REPORTS REPORTS 403. Office Of Commissioner Seat One /Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey asked Chief Brunelle about noise complaints at The Kee Wee Entertainment District. Chief Brunelle added, "We're still trying to deal with it as best we can." Deputy Mayor Hovey asked that Captain Chris Deisler, Police Department be thanked for his assistance. Further remarks ensued about the "Light up UCF (University of Central Florida)" and the date of Friday, December 9 2011 was confirmed; and that this event would begin at 7:30 p.m. PUBLIC INPUT No one spoke at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500.1. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission considers approval of a Final Engineering Plan for an 8,000 square foot Family Dollar store located on the north side of State Road 434, between Fairfax Avenue and Devon Avenue. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 11 OF 19 FISCAL IMPACT: The potential tax revenue of the proposed project is estimated as follows: 8,000 Square foot Family Dollar Store assessed at approximately $1,000,000 $1,000,000 /1000 = $1,000.00 $1,000 x (2.5814) = $2,581.40 $25,091.21 (less the 4% statutory discount) = $2,478.14 tax revenue City of Winter Springs taxes paid on vacant land now (data obtained from Seminole County Property Appraiser): $2,276 Total Potential Ad Valorem Tax Revenue: $4,754.14 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. The property has been posted with a standard yellow sign announcing the action being considered and giving information relative to the meeting place and time. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve the Final Engineering Plan for Family Dollar. Mr. Bobby Howell, AICP, Planner, Community Development Department reviewed some of the basics of this Agenda Item and project with the City Commission. Mayor Lacey opened the "Public Input" portion of the Agenda Item. Mr. Richard Grogan, I North Fairfax Avenue, Winter Springs, Florida: addressed the City Commission and noted he was not opposed to this project but said they had always been public parking on the Fairfax Avenue side of the property under discussion; and that he heard that the parking was going away with this new project. Mr. Grogan noted that he thought that the change in parking would impact his business and asked for some kind of compromise that the parking he has been used to, would stay the same. Mr. Stevenson spoke on the Code in terms of parking, and neighbor issues and joint uses. With further comments, Mr. Grogan suggested, "Could there be indented parallel parking put there, the same as you have in the Town Center ?" Mr. Stevenson added, "Based upon the overlay, if the parking were left in its current configuration, it encroaches into that — probably a foot, eight inches (8 ") to a foot." Mr. Grogan asked if a compromise could be reached, especially for such a small distance. Mr. Stevenson then noted, "That's the parking as it exists. There probably is enough physical room there to put in parallel parking as Mr. Grogan has stated; but again, I do draw you back to your section of the Code that prohibits parking, whether it's parallel, or ninety degrees, or angle parking and it is in the right -of -way. It would have to be a situation of a) it's a Waiver from your Code; b) who pays to install it; and c) who maintains it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 12 OF 19 Commissioner Rick Brown asked "That we get creative and figure out a solution to this." With further comments, Mr. Fields noted, "The existing parking encroaches into the property by approximately one foot (1'). The sidewalk is in the right -of -way for five foot (5') so the existing parking would encroach over the full width of the sidewalk plus another foot into the property; so you could not do angle or head in parking with the sidewalk. You could do three (3), maybe four (4) parallel parking spaces here." Mr. Grogan then stated, "I don't want Family Dollar to change their plans whatsoever. I'm not here about that. I'm here about this parking. But the fact that you're going to put in a five foot (5') sidewalk, that there is not a single one on my side of town. Why ?" Discussion Mr. Jay R. Jackson, P.E., Senior Vice President /Principal, Kimley -Horn and Associates, Inc., 3660 Maguire Boulevard, Suite 200, Orlando, Florida: as the Civil Engineer on this project, Mr. Jackson stated, "The pond has actually got a little bit of a berm; it is up about a foot and a half. It grades over flat to the sidewalk and then from the sidewalk, grades down to Fairfax (Avenue); so, there's about a foot slope from the sidewalk to Fairfax (Avenue) now. If it was simple, just cutting the existing pavement, putting a sidewalk in, I don't think my client would have any issues with it. But what it's going to entail is actually removing the asphalt that's there, and then putting new asphalt in and its going to have a foot slope across it in eight feet (8'). I don't think it's very desirable from a parking standpoint if you're parallel parking, so there would be some considerable changes that would have to occur to the Site Plan to get that parking back in." Mr. Grogan remarked, "Sixteen (16) years I've worked over there and when I bought that building I was told that stays there, the City put it there. And it's not in their property and I just want to come to a compromise please." Mr. Kip Lockcuff, P.E., Director, Public Works /Utility Departments explained, "There were no representations that the parking would stay. Actually, the City didn't put that in. It was in prior to the City buying the property in 1984. My office was there from 1991 to 1993. We sold it to Richard (Grogan) in 1995 but - that's the old North Orlando Company office from late [19]70's, early [19]80's. So, they put all that in. It was used as City Hall, not owned as City Hall, but used as City Hall, late [19]70's, early [19]80's. But we got the building in 1984 when we bought the Utility company. So, we ran the Utility billing office out of there from 1984 to 1993, sold it in 1995; but there was no representations in the Warranty, the Appraisal. I wrote the Bid ad. Nothing." Further comments followed. Mayor Lacey inquired of Mr. Grogan, "Are you finding that your customers are actually using those parking spots now ?" Mr. Grogan responded, "Yes." Discussion continued Mr. Fields explained, "Here is how we looked at it in Staff review from a technical standpoint. We saw twenty - five (25) new parking spaces going in that meets standards, that are on this property. Those parking spaces will not be restricted in any way. The idea and this Code is written with the intent that somebody comes and parks here, goes to Family Dollar, maybe walks across to the convenience store and gets a drink and walks over here and gets a haircut. They can park over here, get a haircut, walk over to Family Dollar afterwards. It's shared parking - is the goal of this. So, I think we're adding a lot more parking to this area that does not exist today. I don't believe that creating three (3), maybe four (4) parallel parking spaces in an area that just doesn't have parallel parking today would be a solution here. I believe there's adequate parking to approve for all the businesses with this plan." Mr. Grogan mentioned cooperation; problems he has had with another nearby center not wanting him to use their parking; and ingress and egress. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — NOVEMBER 28, 2011 PAGE 13 OF 19 Commissioner Resnick asked, "Was there something within the agreement, for an agreement that we keep that - maybe we can make a formal agreement to make a partnership for you and for the businesses around you ?" Mr. Fields said, "There's currently no Developer's Agreement with this project because there are no Code exceptions. The Applicant has indicated they have no intentions to restrict or prohibit parking. I think they realize that it helps their business to have that cooperation. Understand it's not happening everywhere around here now but it will happen with this project." Manager Smith asked about guarantees that we could incorporate, to assist Mr. Grogan. Mayor Lacey added that a future possible change of ownership should also be considered with any guarantees for Mr. Grogan. Mr. Chuck Borysiak, Development Project Manager, The Hutton Company, 736 Cherry Street, Chattanooga, Tennessee: addressed the City Commission and stated, "We're developing those for Family Dollar and then we'll be selling the land back to them — the Code requires that there is cross parking. They're aware of that but - they have not agreed to encumber the property with anything additional to that, like a Parking Easement or anything like that. That would have had to have happened a year ago when we first started looking at the property." Mr. Borysiak added, "They're happy to do everything as required by Code, as far as cross access." Commissioner Bonner clarified, "The Code encourages but does not require." Commissioner Bonner continued, "And Family Dollar is willing to comply with the Code; but what I hear is if there were a Developer's Agreement requirement to support the Code in that manner, and not object to that cross parking, that could be a problem in the deal with Family Dollar, between you as the Developer and them as your client. Am I hearing that right ?" Mr. Borysiak said, "I think so, but again, we're kind of at a late stage here. We're supposed to pull Permits and start construction in about a month on this project. So, again, that may have been something that they would have entertained but tonight, I can't certainly commit Family Dollar to that; but yes, I mean that's the intent. They understand these spaces are here and they understand that the Code requires cross parking for all neighbors just as it was explained." Discussion continued on notifications; and that Mr. Grogan does not use the Internet, but he saw the sign advertising the Meeting. Tape 1 /Side B With discussion, Commissioner Bonner thanked Mr. Grogan for his service. Deputy Mayor Hovey commented on parking demands at the convenience store and noted, "I could see this parking at Family Dollar being full during the time that Richard (Grogan) has his business open. So, I think we need to see what we can do to work out the parking situation for Mr. Grogan." Commissioner Resnick commented, "I think before we make any absolute final deals here, we should absolutely follow what Commissioner Bonner said, look at every angle." Continuing, Commissioner Resnick remarked about a suggested four (4) or five (5) parking spots that were discussed for Mr. Grogan's business, the convenience store, and asked, "What are the benefits and if we have a large parking lot here available to us with an 8,000 square foot but no actual agreement as to who can park on that later on, if this convenience store is taking up too many spots, this company may not be as convenient at the time or as nice to us." Discussion followed on whether this new project might impact Mr. Grogan's business. Commissioner Brown suggested that a statement from Family Dollar related to parking would be helpful. With further comments, Mayor Lacey said, "It looks like we are searching for some way to get a guarantee — or something less than a guarantee, but something that Mr. Grogan can rely upon in the future that will give him access to those parking spots." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 14 OF 19 Mr. Stevenson noted, "Not being totally aware of the impact on the engineering, there is physical room for approximately three (3) parallel spaces in the right of way there." Additionally, Mr. Stevenson said, "We need to deal with the Code issue there where we have a prohibition of parking in the right -of way. That's when we came up with that; that's when as Kevin (Smith) explained, we felt that the cross access or the - joint use of parking would help address Mr. Grogan's situation at that point in time. And again, also it may behoove Staff to talk to some of the neighbors, i.e., the Center to the east to talk about this joint use of parking as well. Again, the Code language just encourages it at this point. The prohibition against parking in the right -of way is specific though and we would have to address that issue. That might open up an opportunity for us to work on something that would help Mr. Grogan. Again, with this piece of property - it is a Permitted Use and because they have met all of their Code requirements, there is no Development Agreement for the property." Further comments. Mr. Borysiak said, "I can go to them and ask for them for a letter in writing or something that says, `Understand what the Code says, and they're not going to restrict the parking from the neighbors'; and the second thing that we're talking about is relieving us of the sidewalk requirement and then possibly being able to work around the existing concrete pad that's there would be - another possible solution, because the sidewalk is really what's in the way of the existing concrete pad. So, those are two (2) ideas that we had." Commissioner Bonner said to Mr. Grogan, "If your customers could park in the new spaces as proposed in this engineering at Family Dollar, just as it is drawn up and presented tonight, and you had a guarantee that you could rely on, that your customers would be able to do so, would that satisfy your... " Mr. Grogan said, "... I don't think you can deliver. You can't guarantee that I can park there — as we mentioned earlier, they may sell the business to someone else." With further discussion, Mr. Grogan added, "Right now, there's approximately six (6) spaces, seven (7) spaces. I'm willing to go to three (3). Just don't want it to go away." Commissioner Bonner summarized, "So, your desired outcome, just to be clear, would be the parallel parking solution. That would be your desired outcome as opposed to an assurance that your clients could park in the Family Dollar parking lot..." Mr. Grogan remarked, "...Only because I've already been told by other entities on the other side." Continuing, Commissioner Bonner asked Attorney Garganese about the Code and stated, "Would the Applicant or any other business that is operating under that Code, do they have the right to deny neighbor parking? Does the Code give them the right to practice property rights? And even though the Code states that there should be neighbor parking, does the property owner have the right to deny parking if they deem that it is necessary to do so ?" Further comments. Attorney Garganese responded about the Code and noted that it says, "Encourages coordinated joint use of parking. It's not a requirement under the Code." Attorney Garganese added that "Under this scenario, even if we had a Code provision, I would question whether we could impose as a City, parking for Mr. Grogan's business. " Mr. Fields stated, "One of the things they are required to do by Code is to dedicate Cross Access Easement which legally allows access through the site for cross access. One potential solution would be to have within that Cross Access Easement dedication an equal number of parking spaces could be part of that dedicated for — some language for cross access use, so they could not be restricted. That would be one (1) option if it's agreeable to the owner. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 15 OF 19 The engineering solution to do the parallel parking spaces would likely require a retaining wall due to the grading. That's there. So it's doable but the question would come up, if the Commission wanted to see that as far as who would be responsible for implementing that. A small retaining wall - I want to emphasize this engineering is doable with a retaining wall between this driveway and likely this area here, just to provide some relief from the grading so we don't have too severe a slope." Discussion continued. Deputy Mayor Hovey asked Mr. Grogan, "Have you ever had an agreement to use that property ?" Mr. Grogan responded by saying, "Verbal. Not written." Mr. Grogan then explained the verbal agreement was with "I believe it was Dan Wood owned that property — and he was here to put a gas station, convenience store, a new place; and he was here at the time when you made the Ordinance that you couldn't have two (2) gas stations next to each other. So, I met him and talked to him extensively at that time. He told me I could park over there all I wanted." Referencing the Site Plan, Mr. Fields stated, "We could build at least three (3), probably four (4) parallel parking spaces here. They're obligated to build the sidewalk. If we wanted to build a retaining wall and the parallel parking spaces which would benefit others and be available for public parking, that we could have an arrangement where they design, build that, and that cost be reimbursed by the City." Manager Smith asked Mr. Fields what the approximate cost of that would be. Mr. Fields stated, "Retaining wall, parking probably in the range of fifteen thousand dollars ($15,000.00). This project will generate approximately twenty -five thousand dollars ($25,000.00) of Transportation Impact Fees." Commissioner Bonner said to Mr. Fields, If the City were to create some Town Center -esque parallel parking places there, that would benefit all of the businesses because - anyone who parked there could visit any of the businesses, depending on their need." Mayor Lacey suggested that the "Cross access requirements be expanded to somehow grant parking rights in there" be further considered. Discussion followed on public parking. Attorney Garganese noted, "There is a parking aspect in the right -of -way that's been in existence for a period of time, so the question for the Commission is, `Do you want that parking area to go away, because it's in the right - of -way and that issue is controlled by the City Commission. If you don't want the parking to go away and you to preserve it somehow, then that impacts the Developer's Application because they're asking for a development proposal that's going to eliminate de facto public parking on City right -of -way. So, how is that going to be addressed to the Commission's satisfaction, assuming the Commission wants to maintain some parking on the public right -of -way. That is how I see the issue from a legal perspective." With further comments, Attorney Garganese pointed out, "They're asking to impact the City rights -of -way. It's not the other way around. It's their proposal that's impacting the City's rights -of -way. So, how it gets addressed to the Commission's satisfaction needs to be flushed out." Mr. Stevenson added, "Along those lines, part of your consideration must be that, part of their development plans, their engineering plans are constructed within the right -of -way because they need to put in public sidewalks. So, they're already constructing within the right -of- way." Mr. Borysiak remarked, "I understand his point; and we're happy to work within our property line. I mean if you want us just to go to our property line and stop our construction there, and everything in the right -of -way stays the City's responsibility, that's fine with us also. We're happy to work within our property and stay out of the City's right -of- way." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — NOVEMBER 28, 2011 PAGE 16 OF 19 Manager Smith noted, "The benefits that the City gets is they put in sidewalks." Mr. Stevenson added, "It's in our Code." Discussion. Chief Brunelle was asked for his comments and stated, "The curbing and the only other concern I would have there is where the doors are going to open into the lane of traffic." Chief Brunelle added, "I think if it is done right, it would work." Furthermore, Chief Brunelle noted, "Those would be my primary concerns — the egress and the exits." Manager Smith suggested, "Engineer the site, whatever needs to be done to allow for a sidewalk to run southbound from the top of the screen, down to the current parking area; re- engineer that parking area to become parallel spaces and then continue the sidewalk below that then to connect with the sidewalk at the bottom section of the property on (State Road) 434." Mr. Stevenson added, "I think we can probably accommodate that, if we can re- engineer around that and stripe that. We'll have removed that eight inches (8 ") of whatever that actually overlaps on their property but by going parallel parking, we don't need that complete width there." Manager Smith then said to Mr. Stevenson, "Am I understanding that the Applicant is agreeable to what we've been discussing ?" Mr. Stevenson nodded in agreement. Further comments followed on parking and costs Tape 2 /Side A Discussion. Mayor Lacey closed the "Public Input" portion of the Agenda Item Mr. Stevenson summarized the discussion and said, "What happens is that the sidewalk starts here, continues down to the existing slab, utilizes the existing slab, less a portion that will be saw cut off of the applicant's property; picks up on the south side on that slab and goes as the engineering plans currently have it and ties into the sidewalk on (State Road) 434. There's a small retaining wall to help us with the grading right here for the applicant's property. They do not have to build this portion of sidewalk and hopefully when they have their painter's out there they'll come in and they'll put a line here for the sidewalk and three (3) or four (4) however many spaces we wind up with, they'll line those all for us. So, we've got the parking, the continuous sidewalk, the small retaining wall to help with the grading, parking remains there. And again, what staff needed was your acquiescence to allowing the parking in the right -of- way." "SO MOVED WITH THE CHANGES THAT WERE JUST REITERATED BY RANDY (STEVENSON)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 17 OF 19 PUBLIC HEARINGS 500.2. Community Development Department - Planning Division REQUEST: Community Development Department - Planning Division requests the City Commission hold a Public Hearing to consider the Aesthetic Review for Family Dollar, an 8,000 square foot retail building located on the north side of State Road 434, between Fairfax Avenue and Devon Avenue. FISCAL IMPACT: The potential tax revenue of the proposed project is estimated as follows: 8,000 Square foot Family Dollar Store assessed at approximately $1,000,000 $1,000,000 /1000 = $1,000.00 $1,000 x (2.5814) = $2,581.40 $25,091.21 (less the 4% statutory discount) = $2,478.14 tax revenue City of Winter Springs taxes paid on vacant land now (data obtained from Seminole County Property Appraiser): $2,276 Total Potential Ad Valorem Tax Revenue: $4,754.14 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. The property has been posted with a standard yellow sign announcing the action being considered and giving information relative to the meeting place and time. RECOMMENDATION: Staff and the Planning and Zoning Board recommend the City Commission approve the Aesthetic Review Plans for Family Dollar. Mr. Howell presented this Agenda Item and showed PowerPoint slides. 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." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 18 OF 19 Deputy Mayor Hovey asked Mr. Fields, "It was brought up that on (State Road) 434, there is supposed to be cross access between properties. As Mr. Grogan mentioned, the one the Atrium II building does not have cross access. The one end is blocked. Is that against our Code ?" Mr. Fields explained, "New developments - as new properties come in, they're required to make that dedication; so, if they didn't have it before, I don't believe we have the means to go back and require that." Furthermore, Mr. Fields added, "Unless they a Cross Access Easement, which is what would be required here, I believe they have the ability to close their own private driveways at that point. An existing business that does not have a Cross Access Easement — a private driveway, they could close it." REGULAR AGENDA REGULAR 600. REQUEST: Not Used FISCAL IMPACT: 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: PUBLIC INPUT No one addressed the Mayor and City Commission. Mayor Lacey closed this Public Input portion. In other City business, the Christmas Tree Lighting and Parade was mentioned as being scheduled for Saturday, December 3r 2011 beginning at 5:00 p.m. at Keeth Elementary School. Mayor Lacey said to Mr. Brian Dunigan, Recreation and Special Events Coordinator, Parks and Recreation Department, "You'll have written instructions for all the Commissioners sometime this week ?" Mr. Dunigan responded by saying, "Yes, that's correct - all the written instructions will be placed in your mailbox before the end of the day Wednesday." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — NOVEMBER 28, 2011 PAGE 19 OF 19 Commissioner Resnick spoke again of the Seminole County Public Schools School Board and the recent Chair change. Mayor Lacey stated, "My intent was to call Ms. Schaffner since she made the arrangements and ask her what would be an appropriate politically in dealing with the School Board and express that I think it would be appropriate for us to invite the new Chairwoman either to attend or make the presentation." Commissioner Bonner mentioned he would not be able to attend this weekend's events and wished all a Merry Christmas. Lastly, Mayor Lacey noted that he would now pass out a Memorandum from the City Clerk related to Holiday observance and it would be in the City's records. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:54 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 1 2011 City Commission Regular Meeting. CITY OF WINTER SPRINGS FLORIDA `014TE-R SA 14 S v w Incorporated 199 . 4`OR,D1 "" CITY COMMISSION MINUTES REGULAR MEETING MONDAY, NOVEMBER 28, 2011 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 2 OF 19 CALL TO ORDER The Regular Meeting of Monday, November 28, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was held, followed by the Pledge of Allegiance. Related to Agenda Changes, Mayor Lacey remarked that as discussed at the November 14, 2011 City Commission Regular Meeting, we were planning to have a presentation from the Seminole County School Board here at City Hall. Mayor Lacey referenced a Memorandum from the City Manager that Commissioner Cade Resnick and Deputy Mayor Jean Hovey had spoken to Seminole County Public Schools School Board Member Dede Schaffner about this and that as a couple of Commissioners originally were not going to be at tonight's Regular City Commission Meeting, it was suggested that this presentation be moved to the Monday December 12, 2011 City Commission Regular Meeting. Mayor Lacey added, "Subject to a Veto by the Commission, I told her that would be acceptable." No objections were noted. Mayor Lacey said he would contact them and he would discuss who should represent them at our City Commission Meeting. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Community Development Department is 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 3 OF 19 RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission approve and authorize the City Manager to execute the three (3) - year Agreement between the City of Winter Springs and the Scottish American Society of Central Florida, Inc. for the 35th , 36th and 37th Annual Central Florida Scottish Festival and Highland Games. FISCAL IMPACT: Scottish Highland Games on Saturday /Sunday (January 14th & 15th) Parks: No costs Public Works: No Costs Fire Department (Fire Inspection): Paid by Event Applicant Police: Paid by the Event Applicant Event Permit: Paid by the Event Applicant Total Cost of the Scottish Highland Games to City: $0 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 Parks and Recreation Department is requesting the City Commission approve and authorize the City Manager to execute the three (3) year Agreement between the City of Winter Springs and the Scottish American Society of Central Florida, Inc. for the 35th , 36th and 37th Annual Central Florida Scottish Festival and Highland Games. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 4 OF 19 CONSENT 201. Finance and Administrative Services Department REQUEST: City Manager is requesting that the Commission consider approval of Resolution 2011 -55 amending the Fiscal Year 2010 -2011 Budget. FISCAL IMPACT: This agenda item only amends the budget and is for reporting purposes only it does not have an impact on actual revenues or expenditures. 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. Additionally, within one week of approval the fiscal year 2010 -2011 final budget amendment will be placed on the City's Website. RECOMMENDATION: The City Manager recommends the Commission approve Resolution 2011 -55 amending the Fiscal Year 2010 -2011 Budget. No discussion. CONSENT 202. Police Department REQUEST: The Police Department requests the City Commission to approve Resolution 2011 -58 to suspend on- street parking regulations during the 2011 Holiday Season. FISCAL IMPACT: None. 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 - NOVEMBER 28, 2011 PAGE 5 OF 19 RECOMMENDATION: The Police Department recommends the Commission approve Resolution 2011 -58 to suspend on- street parking regulations City -wide during the 2011 holiday season. This Agenda Item was not discussed. CONSENT 203. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Wednesday, November 9, 2011 City Commission Attorney — Client Session/Special Meeting Minutes. FISCAL IMPACT: There is no Fiscal Impact to this Agenda Item. At a later date, when the Court Reporter completes the official Transcript of the closed portion of this Attorney - Client Session, the Court Reporter will send in an Invoice for his /her services which typically can range from the hundreds of dollars on up, depending on the length/complexity of the closed portion of the Attorney- Client Session the Court Reporter attended. When that Invoice is received, it will be paid for (typically) out of the Line 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, 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 Wednesday, November 9, 2011 City Commission Attorney - Client Session/Special Meeting Minutes. City Manager Kevin L. Smith commented, "An oversight on behalf of Staff, relative to item 203, your Agenda Item is accurate and correct. The Agenda however under `Fiscal Impact' references the funding source for the payment of the bill. That funding source was left blank accidentally in the Agenda itself. It should just read from the Legal Line Code. Our apologies." CONSENT 204. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, November 14, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no Fiscal Impact to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 6 OF 19 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to 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 Monday, November 14, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT (AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese reference the Atlantic Housing Partners, LLLP Settlement, and that the Florida Housing Finance Corporation "Will be considering the transfer of Tax Credit request at its meeting, I believe it's December 6 (2011) coming up and I'm going to forward some information to you all. The local representative for Florida Housing Finance Corporation, so you all may want to make a contact there, I believe it's Mary Demetree from Winter Park but I will forward the information to you." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 7 OF 19 REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith remarked, "First and foremost, as you all are already aware, but just to publicly let everyone in the audience and those listening on the internet - congratulate Chief (Kevin) Brunelle (Police Department), his entire team, and the entire City, for their Re- Accreditation that was just awarded - for a three (3) year period. So, if I could just impose upon everyone for a round of applause. It's a great accomplishment. It goes to the Chief's leadership and his entire team." Next, Manager Smith asked that Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduce his new Planner. Mr. Stevenson introduced Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department to the Mayor and City Commission and those in attendance. Lastly, Manager Smith commented on the City's Newsletter to the City Commission and stated, "For a variety of reasons in the past, before our Newsletter went out, it was asked or directed that that be reviewed by this body prior to it going out and if you all may recall, there were some reasons behind that. Now that we're going to a monthly Newsletter what I would humbly ask is that the Commission consider maybe allowing for a Staff approval of that or if you all would like to continue to see it, just from a turn- around standpoint, we'll be certainly happy to accommodate that. But, again, now that we're doing a monthly Newsletter, just to meet the deadlines that if you all would entrust me with that editing duty I will certainly not let you down." Commissioner Gary Bonner said, "I am certainly comfortable with that. If at all possible, I would appreciate the opportunity for an advance copy." Manager Smith responded, "Absolutely." Mayor Lacey added, "Likewise." Commissioner Resnick also agreed. Mayor Lacey then asked the City Commission, "Is there objection to the Manager taking direction to have authority to issue the monthly Newsletter ?" Deputy Mayor Hovey, and Commissioner Bonner commented, "No objection." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces mentioned that the Deputy Mayor Nomination Agenda Item would be on the December 12, 2011 City Commission Regular Meeting Agenda. REPORTS 403. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey asked if anyone was planning to attend a Department of Transportation meeting on December 6 2011 that will deal with State Road 419, State Road 434 and State Road 426 and asked if anyone else was planning to attend. It was noted that Mr. Brian Fields, P.E., City Engineer, Public Works Department would also be attending. No one else mentioned they would also be there. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 8 OF 19 Next, Deputy Mayor Hovey said she attended a recent meeting of the Seminole County Public Schools School Board and pointed out that Dr. Tina Calderone is the new Chairman and Ms. Karen Almond is the new Vice Chair. Deputy Mayor Hovey added that at this same Seminole County Public Schools School Board meeting, Winter Springs' Elementary Schools are on the list for closure. Discussion followed on attendance thresholds; that a decision might be made in January 2012; what the source of this information was; and previous comments to the contrary made by Dr. Bill Vogel at a meeting that Commissioner Rick Brown had recently attended. Deputy Mayor Hovey then suggested that residents should contact their Seminole County Public Schools Board Member(s) if they are opposed to any possible Winter Springs schools closing. REPORTS 404. Office Of Commissioner Seat Two — The Honorable Rick Brown No Report. REPORTS 405. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner spoke of his rescheduling to be here tonight. Next, Commissioner Bonner commented about the intersection of Seneca Boulevard and Northern Way and asked that Mr. Fields asked him to explain what they were working on. Mr. Fields explained they were working on a valley gutter replacement at the intersection of Seneca Boulevard and Vistawilla Drive, and that this will be the first of others throughout the City. It was explained that this small project was estimated to take about two (2) weeks and that information was available on the City's Website. REPORTS 406. Office Of Commissioner Seat Four — The Honorable Cade Resnick No Report. REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Absent. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 9 OF 19 REPORTS 408. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey noted that he had attended a few SunRail meetings lately and suggested that if the City Commission had any input, to please get with him on this. Next, Mayor Lacey commented on a restructuring of the Mayors and Managers Group and noted, "The hope is to make it a more functional body that is a better facilitator of intra - municipality type of issues." Mayor Lacey also mentioned that the Mayors and Managers Group had discussed the viability of the Council of Local Governments in Seminole County (CALNO) and the basic consensus was that there were other local organizations that handled the same matters that the Council of Local Governments in Seminole County (CALNO) did; and that the various members of the Mayors and Managers Group were considering looking into the possibility that of disbanding the Council of Local Governments in Seminole County (CALNO). Continuing, Mayor Lacey inquired of the City Commission, "Is there any dissenting point of view on that from the Commission that I should be taking into account ?" Mayor Lacey then spoke briefly of the December Council of Local Governments in Seminole County (CALNO) meeting that the City of Winter Springs is hosting, which will be on Wednesday, December 7, 2011 at 7:00 p.m., here at City Hall. Furthermore, Mayor Lacey noted that he would keep them updated on this issue, and asked the City Commission to provide him with any comments they may have. Further comments. Discussion followed on whether Seminole County Public Schools School Board and Seminole State College are still a part of the Mayors and Managers Group, and some concerns that the Mayors and Managers Group has had with Seminole County Public Schools. Mayor Lacey mentioned that this is still being worked through with the reorganization of the Mayors and Managers Group. Commissioner Resnick then asked about the dissolution of the Council of Local Governments in Seminole County (CALNO), to which Mayor Lacey explained, "It would be a disbandment. How that would actually happen, it may be that it just completely disbands or maybe that just each municipality withdraws but Winter Springs would not withdraw unless it was a Consensus of everyone to withdraw." Mayor Lacey then commented on how the Oviedo - Winter Springs Regional Chamber of Commerce seems to be lined up more with Oviedo than Winter Springs and noted that on the Board of eighteen (18) members, eleven (11) are Oviedo representatives, two (2) Winter Springs representatives, and the others could be considered neutral. Mayor Lacey added, "I think we're losing out on Winter Springs representation there and I think that is a symptom of the problem. The major problem being more that there is not enough Winter Springs business participation in the Chamber. So, I think that is the solution to it. Mayor Lacey mentioned that he had asked the Executive Director to have his Sales Staff try to involve more Winter Springs businesses. Commissioner Resnick noted that the Oviedo - Winter Springs Regional Chamber of Commerce had an open call for four (4) new Board members and that all four (4) applicants were from Oviedo. Commissioner Resnick also mentioned that potential business owners he had spoken to wondered about the benefits of joining the Oviedo - Winter Springs Regional Chamber of Commerce members. Mayor Lacey noted that it would be very helpful for Oviedo - Winter Springs Regional Chamber of Commerce Sales Staff to help with getting Winter Springs businesses to participate. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 10 OF 19 Commissioner Bonner remarked, "Back to our Newsletter, since we are an (Oviedo - Winter Springs Regional Chamber of Commerce) Trustee member, would it be appropriate for us to include some sort of reference or note over to the Chamber's need for Winter Springs' diversification. Maybe that might reach an audience that is not currently being reached by the Chamber's efforts." Commissioner Bonner added, "Just bring it to the attention that there is a desire by the Chamber to expand its Winter Springs representation. Some supportive but not necessarily overt — we are not selling on their behalf, we are just bringing the information to the awareness of the community." Mayor Lacey suggested, "Commissioner Resnick, would you do that ?" Lastly, Mayor Lacey commented on "Light up UCF (University of Central Florida)" which is being held in early December and to let the City Clerk know if anyone wants to participate; and then Mayor Lacey would ask for armbands for those who would like to attend. • • AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. •:•• REPORTS REPORTS 403. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey asked Chief Brunelle about noise complaints at The Kee Wee Entertainment District. Chief Brunelle added, "We're still trying to deal with it as best we can." Deputy Mayor Hovey asked that Captain Chris Deisler, Police Department be thanked for his assistance. Further remarks ensued about the "Light up UCF (University of Central Florida)" and the date of Friday, December 9 2011 was confirmed; and that this event would begin at 7:30 p.m. PUBLIC INPUT No one spoke at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500.1. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission considers approval of a Final Engineering Plan for an 8,000 square foot Family Dollar store located on the north side of State Road 434, between Fairfax Avenue and Devon Avenue. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 11 OF 19 FISCAL IMPACT: The potential tax revenue of the proposed project is estimated as follows: 8,000 Square foot Family Dollar Store assessed at approximately $1,000,000 $1,000,000 /1000 = $1,000.00 $1,000 x (2.5814) = $2,581.40 $25,091.21 (less the 4% statutory discount) = $2,478.14 tax revenue City of Winter Springs taxes paid on vacant land now (data obtained from Seminole County Property Appraiser): $2,276 Total Potential Ad Valorem Tax Revenue: $4,754.14 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. The property has been posted with a standard yellow sign announcing the action being considered and giving information relative to the meeting place and time. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve the Final Engineering Plan for Family Dollar. Mr. Bobby Howell, AICP, Planner, Community Development Department reviewed some of the basics of this Agenda Item and project with the City Commission. Mayor Lacey opened the `Public Input" portion of the Agenda Item. Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: addressed the City Commission and noted he was not opposed to this project but said they had always been public parking on the Fairfax Avenue side of the property under discussion; and that he heard that the parking was going away with this new project. Mr. Grogan noted that he thought that the change in parking would impact his business and asked for some kind of compromise that the parking he has been used to, would stay the same. Mr. Stevenson spoke on the Code in terms of parking, and neighbor issues and joint uses. With further comments, Mr. Grogan suggested, "Could there be indented parallel parking put there, the same as you have in the Town Center ?" Mr. Stevenson added, "Based upon the overlay, if the parking were left in its current configuration, it encroaches into that — probably a foot, eight inches (8 ") to a foot." Mr. Grogan asked if a compromise could be reached, especially for such a small distance. Mr. Stevenson then noted, "That's the parking as it exists. There probably is enough physical room there to put in parallel parking as Mr. Grogan has stated; but again, I do draw you back to your section of the Code that prohibits parking, whether it's parallel, or ninety degrees, or angle parking and it is in the right -of -way. It would have to be a situation of a) it's a Waiver from your Code; b) who pays to install it; and c) who maintains it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 12 OF 19 Commissioner Rick Brown asked "That we get creative and figure out a solution to this." With further comments, Mr. Fields noted, "The existing parking encroaches into the property by approximately one foot (1'). The sidewalk is in the right -of -way for five foot (5') so the existing parking would encroach over the full width of the sidewalk plus another foot into the property; so you could not do angle or head in parking with the sidewalk. You could do three (3), maybe four (4) parallel parking spaces here." Mr. Grogan then stated, "I don't want Family Dollar to change their plans whatsoever. I'm not here about that. I'm here about this parking. But the fact that you're going to put in a five foot (5') sidewalk, that there is not a single one on my side of town. Why ?" Discussion. Mr. Jay R. Jackson, P.E., Senior Vice President /Principal, Kimley -Horn and Associates, Inc., 3660 Maguire Boulevard, Suite 200, Orlando, Florida: as the Civil Engineer on this project, Mr. Jackson stated, "The pond has actually got a little bit of a berm; it is up about a foot and a half. It grades over flat to the sidewalk and then from the sidewalk, grades down to Fairfax (Avenue); so, there's about a foot slope from the sidewalk to Fairfax (Avenue) now. If it was simple, just cutting the existing pavement, putting a sidewalk in, I don't think my client would have any issues with it. But what it's going to entail is actually removing the asphalt that's there, and then putting new asphalt in and its going to have a foot slope across it in eight feet (8'). I don't think it's very desirable from a parking standpoint if you're parallel parking, so there would be some considerable changes that would have to occur to the Site Plan to get that parking back in." Mr. Grogan remarked, "Sixteen (16) years I've worked over there and when I bought that building I was told that stays there, the City put it there. And it's not in their property and I just want to come to a compromise please." Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments explained, "There were no representations that the parking would stay. Actually, the City didn't put that in. It was in prior to the City buying the property in 1984. My office was there from 1991 to 1993. We sold it to Richard (Grogan) in 1995 but - that's the old North Orlando Company office from late [19]70's, early [19]80's. So, they put all that in. It was used as City Hall, not owned as City Hall, but used as City Hall, late [19170's, early [19]80's. But we got the building in 1984 when we bought the Utility company. So, we ran the Utility billing office out of there from 1984 to 1993, sold it in 1995; but there was no representations in the Warranty, the Appraisal. I wrote the Bid ad. Nothing." Further comments followed. Mayor Lacey inquired of Mr. Grogan, "Are you finding that your customers are actually using those parking spots now ?" Mr. Grogan responded, "Yes." Discussion continued. Mr. Fields explained, "Here is how we looked at it in Staff review from a technical standpoint. We saw twenty - five (25) new parking spaces going in that meets standards, that are on this property. Those parking spaces will not be restricted in any way. The idea and this Code is written with the intent that somebody comes and parks here, goes to Family Dollar, maybe walks across to the convenience store and gets a drink and walks over here and gets a haircut. They can park over here, get a haircut, walk over to Family Dollar afterwards. It's shared parking - is the goal of this. So, I think we're adding a lot more parking to this area that does not exist today. I don't believe that creating three (3), maybe four (4) parallel parking spaces in an area that just doesn't have parallel parking today would be a solution here. I believe there's adequate parking to approve for all the businesses with this plan." Mr. Grogan mentioned cooperation; problems he has had with another nearby center not wanting him to use their parking; and ingress and egress. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — NOVEMBER 28, 2011 PAGE 13 OF 19 Commissioner Resnick asked, "Was there something within the agreement, for an agreement that we keep that - maybe we can make a formal agreement to make a partnership for you and for the businesses around you ?" Mr. Fields said, "There's currently no Developer's Agreement with this project because there are no Code exceptions. The Applicant has indicated they have no intentions to restrict or prohibit parking. I think they realize that it helps their business to have that cooperation. Understand it's not happening everywhere around here now but it will happen with this project." Manager Smith asked about guarantees that we could incorporate, to assist Mr. Grogan. Mayor Lacey added that a future possible change of ownership should also be considered with any guarantees for Mr. Grogan. Mr. Chuck Borysiak, Development Project Manager, The Hutton Company, 736 Cherry Street, Chattanooga, Tennessee: addressed the City Commission and stated, "We're developing those for Family Dollar and then we'll be selling the land back to them — the Code requires that there is cross parking. They're aware of that but - they have not agreed to encumber the property with anything additional to that, like a Parking Easement or anything like that. That would have had to have happened a year ago when we first started looking at the property." Mr. Borysiak added, "They're happy to do everything as required by Code, as far as cross access." Commissioner Bonner clarified, "The Code encourages but does not require." Commissioner Bonner continued, "And Family Dollar is willing to comply with the Code; but what I hear is if there were a Developer's Agreement requirement to support the Code in that manner, and not object to that cross parking, that could be a problem in the deal with Family Dollar, between you as the Developer and them as your client. Am I hearing that right ?" Mr. Borysiak said, "I think so, but again, we're kind of at a late stage here. We're supposed to pull Permits and start construction in about a month on this project. So, again, that may have been something that they would have entertained but tonight, I can't certainly commit Family Dollar to that; but yes, I mean that's the intent. They understand these spaces are here and they understand that the Code requires cross parking for all neighbors just as it was explained." Discussion continued on notifications; and that Mr. Grogan does not use the Internet, but he saw the sign advertising the Meeting. Tape 1 /Side B With discussion, Commissioner Bonner thanked Mr. Grogan for his service. Deputy Mayor Hovey commented on parking demands at the convenience store and noted, "I could see this parking at Family Dollar being full during the time that Richard (Grogan) has his business open. So, I think we need to see what we can do to work out the parking situation for Mr. Grogan." Commissioner Resnick commented, "I think before we make any absolute final deals here, we should absolutely follow what Commissioner Bonner said, look at every angle." Continuing, Commissioner Resnick remarked about a suggested four (4) or five (5) parking spots that were discussed for Mr. Grogan's business, the convenience store, and asked, "What are the benefits and if we have a large parking lot here available to us with an 8,000 square foot but no actual agreement as to who can park on that later on, if this convenience store is taking up too many spots, this company may not be as convenient at the time or as nice to us." Discussion followed on whether this new project might impact Mr. Grogan's business. Commissioner Brown suggested that a statement from Family Dollar related to parking would be helpful. With further comments, Mayor Lacey said, "It looks like we are searching for some way to get a guarantee — or something less than a guarantee, but something that Mr. Grogan can rely upon in the future that will give him access to those parking spots." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 14 OF 19 Mr. Stevenson noted, "Not being totally aware of the impact on the engineering, there is physical room for approximately three (3) parallel spaces in the right of way there." Additionally, Mr. Stevenson said, "We need to deal with the Code issue there where we have a prohibition of parking in the right -of way. That's when we came up with that; that's when as Kevin (Smith) explained, we felt that the cross access or the - joint use of parking would help address Mr. Grogan's situation at that point in time. And again, also it may behoove Staff to talk to some of the neighbors, i.e., the Center to the east to talk about this joint use of parking as well. Again, the Code language just encourages it at this point. The prohibition against parking in the right -of way is specific though and we would have to address that issue. That might open up an opportunity for us to work on something that would help Mr. Grogan. Again, with this piece of property - it is a Permitted Use and because they have met all of their Code requirements, there is no Development Agreement for the property." Further comments. Mr. Borysiak said, "I can go to them and ask for them for a letter in writing or something that says, `Understand what the Code says, and they're not going to restrict the parking from the neighbors'; and the second thing that we're talking about is relieving us of the sidewalk requirement and then possibly being able to work around the existing concrete pad that's there would be - another possible solution, because the sidewalk is really what's in the way of the existing concrete pad. So, those are two (2) ideas that we had." Commissioner Bonner said to Mr. Grogan, "If your customers could park in the new spaces as proposed in this engineering at Family Dollar, just as it is drawn up and presented tonight, and you had a guarantee that you could rely on, that your customers would be able to do so, would that satisfy your..." Mr. Grogan said, "...I don't think you can deliver. You can't guarantee that I can park there — as we mentioned earlier, they may sell the business to someone else." With further discussion, Mr. Grogan added, "Right now, there's approximately six (6) spaces, seven (7) spaces. I'm willing to go to three (3). Just don't want it to go away." Commissioner Bonner summarized, "So, your desired outcome, just to be clear, would be the parallel parking solution. That would be your desired outcome as opposed to an assurance that your clients could park in the Family Dollar parking lot..." Mr. Grogan remarked, "...Only because I've already been told by other entities on the other side." Continuing, Commissioner Bonner asked Attorney Garganese about the Code and stated, "Would the Applicant or any other business that is operating under that Code, do they have the right to deny neighbor parking? Does the Code give them the right to practice property rights? And even though the Code states that there should be neighbor parking, does the property owner have the right to deny parking if they deem that it is necessary to do so ?" Further comments. Attorney Garganese responded about the Code and noted that it says, "Encourages coordinated joint use of parking. It's not a requirement under the Code." Attorney Garganese added that "Under this scenario, even if we had a Code provision, I would question whether we could impose as a City, parking for Mr. Grogan's business. " Mr. Fields stated, "One of the things they are required to do by Code is to dedicate Cross Access Easement which legally allows access through the site for cross access. One potential solution would be to have within that Cross Access Easement dedication an equal number of parking spaces could be part of that dedicated for — some language for cross access use, so they could not be restricted. That would be one (1) option if it's agreeable to the owner. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 15 OF 19 The engineering solution to do the parallel parking spaces would likely require a retaining wall due to the grading. That's there. So it's doable but the question would come up, if the Commission wanted to see that as far as who would be responsible for implementing that. A small retaining wall - I want to emphasize this engineering is doable with a retaining wall between this driveway and likely this area here, just to provide some relief from the grading so we don't have too severe a slope." Discussion continued. Deputy Mayor Hovey asked Mr. Grogan, "Have you ever had an agreement to use that property ?" Mr. Grogan responded by saying, "Verbal. Not written." Mr. Grogan then explained the verbal agreement was with "I believe it was Dan Wood owned that property — and he was here to put a gas station, convenience store, a new place; and he was here at the time when you made the Ordinance that you couldn't have two (2) gas stations next to each other. So, I met him and talked to him extensively at that time. He told me I could park over there all I wanted." Referencing the Site Plan, Mr. Fields stated, "We could build at least three (3), probably four (4) parallel parking spaces here. They're obligated to build the sidewalk. If we wanted to build a retaining wall and the parallel parking spaces which would benefit others and be available for public parking, that we could have an arrangement where they design, build that, and that cost be reimbursed by the City." Manager Smith asked Mr. Fields what the approximate cost of that would be. Mr. Fields stated, "Retaining wall, parking probably in the range of fifteen thousand dollars ($15,000.00). This project will generate approximately twenty -five thousand dollars ($25,000.00) of Transportation Impact Fees." Commissioner Bonner said to Mr. Fields, If the City were to create some Town Center -esque parallel parking places there, that would benefit all of the businesses because - anyone who parked there could visit any of the businesses, depending on their need." Mayor Lacey suggested that the "Cross access requirements be expanded to somehow grant parking rights in there" be further considered. Discussion followed on public parking. Attorney Garganese noted, "There is a parking aspect in the right -of -way that's been in existence for a period of time, so the question for the Commission is, `Do you want that parking area to go away, because it's in the right - of -way and that issue is controlled by the City Commission. If you don't want the parking to go away and you to preserve it somehow, then that impacts the Developer's Application because they're asking for a development proposal that's going to eliminate de facto public parking on City right -of -way. So, how is that going to be addressed to the Commission's satisfaction, assuming the Commission wants to maintain some parking on the public right -of -way. That is how I see the issue from a legal perspective." With further comments, Attorney Garganese pointed out, "They're asking to impact the City rights -of -way. It's not the other way around. It's their proposal that's impacting the City's rights -of -way. So, how it gets addressed to the Commission's satisfaction needs to be flushed out." Mr. Stevenson added, "Along those lines, part of your consideration must be that, part of their development plans, their engineering plans are constructed within the right -of -way because they need to put in public sidewalks. So, they're already constructing within the right -of- way." Mr. Borysiak remarked, "I understand his point; and we're happy to work within our property line. I mean if you want us just to go to our property line and stop our construction there, and everything in the right -of -way stays the City's responsibility, that's fine with us also. We're happy to work within our property and stay out of the City's right -of- way." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — NOVEMBER 28, 2011 PAGE 16 OF 19 Manager Smith noted, "The benefits that the City gets is they put in sidewalks." Mr. Stevenson added, "It's in our Code." Discussion. Chief Brunelle was asked for his comments and stated, "The curbing and the only other concern I would have there is where the doors are going to open into the lane of traffic." Chief Brunelle added, "I think if it is done right, it would work." Furthermore, Chief Brunelle noted, "Those would be my primary concerns — the egress and the exits." Manager Smith suggested, "Engineer the site, whatever needs to be done to allow for a sidewalk to run southbound from the top of the screen, down to the current parking area; re- engineer that parking area to become parallel spaces and then continue the sidewalk below that then to connect with the sidewalk at the bottom section of the property on (State Road) 434." Mr. Stevenson added, "I think we can probably accommodate that, if we can re- engineer around that and stripe that. We'll have removed that eight inches (8 ") of whatever that actually overlaps on their property but by going parallel parking, we don't need that complete width there." Manager Smith then said to Mr. Stevenson, "Am I understanding that the Applicant is agreeable to what we've been discussing ?" Mr. Stevenson nodded in agreement. Further comments followed on parking and costs. Tape 2 /Side A Discussion. Mayor Lacey closed the "Public Input " portion of the Agenda Item. Mr. Stevenson summarized the discussion and said, "What happens is that the sidewalk starts here, continues down to the existing slab, utilizes the existing slab, less a portion that will be saw cut off of the applicant's property; picks up on the south side on that slab and goes as the engineering plans currently have it and ties into the sidewalk on (State Road) 434. There's a small retaining wall to help us with the grading right here for the applicant's property. They do not have to build this portion of sidewalk and hopefully when they have their painter's out there they'll come in and they'll put a line here for the sidewalk and three (3) or four (4) however many spaces we wind up with, they'll line those all for us. So, we've got the parking, the continuous sidewalk, the small retaining wall to help with the grading, parking remains there. And again, what staff needed was your acquiescence to allowing the parking in the right -of- way." "SO MOVED WITH THE CHANGES THAT WERE JUST REITERATED BY RANDY (STEVENSON)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 17 OF 19 PUBLIC HEARINGS 500.2. Community Development Department - Planning Division REQUEST: Community Development Department - Planning Division requests the City Commission hold a Public Hearing to consider the Aesthetic Review for Family Dollar, an 8,000 square foot retail building located on the north side of State Road 434, between Fairfax Avenue and Devon Avenue. FISCAL IMPACT: The potential tax revenue of the proposed project is estimated as follows: 8,000 Square foot Family Dollar Store assessed at approximately $1,000,000 $1,000,000 /1000 = $1,000.00 $1,000 x (2.5814) = $2,581.40 $25,091.21 (less the 4% statutory discount) = $2,478.14 tax revenue City of Winter Springs taxes paid on vacant land now (data obtained from Seminole County Property Appraiser): $2,276 Total Potential Ad Valorem Tax Revenue: $4,754.14 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. The property has been posted with a standard yellow sign announcing the action being considered and giving information relative to the meeting place and time. RECOMMENDATION: Staff and the Planning and Zoning Board recommend the City Commission approve the Aesthetic Review Plans for Family Dollar. Mr. Howell presented this Agenda Item and showed PowerPoint slides. 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." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2011 PAGE 18 OF 19 Deputy Mayor Hovey asked Mr. Fields, "It was brought up that on (State Road) 434, there is supposed to be cross access between properties. As Mr. Grogan mentioned, the one the Atrium II building does not have cross access. The one end is blocked. Is that against our Code ?" Mr. Fields explained, "New developments - as new properties come in, they're required to make that dedication; so, if they didn't have it before, I don't believe we have the means to go back and require that." Furthermore, Mr. Fields added, "Unless they a Cross Access Easement, which is what would be required here, I believe they have the ability to close their own private driveways at that point. An existing business that does not have a Cross Access Easement — a private driveway, they could close it." REGULAR AGENDA REGULAR 600. REQUEST: Not Used FISCAL IMPACT: 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: PUBLIC INPUT No one addressed the Mayor and City Commission. Mayor Lacey closed this Public Input portion. In other City business, the Christmas Tree Lighting and Parade was mentioned as being scheduled for Saturday, December 3' 2011 beginning at 5:00 p.m. at Keeth Elementary School. Mayor Lacey said to Mr. Brian Dunigan, Recreation and Special Events Coordinator, Parks and Recreation Department, "You'll have written instructions for all the Commissioners sometime this week ?" Mr. Dunigan responded by saying, "Yes, that's correct - all the written instructions will be placed in your mailbox before the end of the day Wednesday." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — NOVEMBER 28, 2011 PAGE 19 OF 19 Commissioner Resnick spoke again of the Seminole County Public Schools School Board and the recent Chair change. Mayor Lacey stated, "My intent was to call Ms. Schaffner since she made the arrangements and ask her what would be an appropriate politically in dealing with the School Board and express that I think it would be appropriate for us to invite the new Chairwoman either to attend or make the presentation." Commissioner Bonner mentioned he would not be able to attend this weekend's events and wished all a Merry Christmas. Lastly, Mayor Lacey noted that he would now pass out a Memorandum from the City Clerk related to Holiday observance and it would be in the City's records. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:54 p.m. RE 'EC 'FULLY SUBMITTED: vas A p; :: _ ORENZO- LUACES, MMC TY 111 ERK APPROVED: A 'AIR CHARLES Lf y T NOTE: These Minutes were approved at the December 12, 2011 City Commission Regular Meeting.