HomeMy WebLinkAbout_2012 06 25 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
MINUTES
REGULAR MEETING
MONDAY, JUNE 25, 2012 - 5:15 P.M.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor Charles Lacey
Commissioner Jean Hovey - Seat One
Commissioner Rick Brown - Seat Two
Vacant — Seat Three
Commissioner Cade Resnick - Seat Four
Commissioner Joanne M. Krebs - Seat Five
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 2 OF 21
CALL TO ORDER
The Regular Meeting of Monday, June 25, 2012 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
Commissioner Jean Hovey, present
Commissioner Rick Brown, present
Commissioner Cade Resnick, present
Commissioner Joanne M. Krebs, present
City Manager Kevin L. Smith, present
City Attorney Anthony A. Garganese, absent
Assistant City Attorney Kate Latorre, present
City Clerk Andrea Lorenzo-Luaces, present
A moment of silence was held, followed by the Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Community Development Department - Planning Division
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, Media/Press Representatives who
have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with
the City, and all individuals who have requested such information. This information has also been posted
outside City Hall, posted inside City Hall with additional copies available for the General Public, and
posted at five (5) different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any
interested individuals.
RECOMMENDATION:
Staff requests the City Commission receive and review the information provided in this Agenda Item.
No discussion.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 3 OF 21
INFORMATIONAL
101. Finance and Administrative Services Department
REQUEST:
The Finance Department and the City Manager are pleased to announce that the City of Winter Springs
has received the Distinguished Budget Presentation Award for its FY 2012 Budget document.
FISCAL IMPACT:
The award program application fee for the Distinguished Budget Award is approximately $350. This cost
is routinely budgeted in Finance and Administrative Services (1300 division).
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, Media/Press Representatives who
have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with
the City, and all individuals who have requested such information. This information has also been posted
outside City Hall, posted inside City Hall with additional copies available for the General Public, and
posted at five (5) different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any
interested individuals.
RECOMMENDATION:
Staff 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 COMMISSIONER
BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS.
CONSENT AGENDA
CONSENT
200. Police Department
REQUEST:
The Police Department requests Commission approval to retire K-9 "Rico" after his many years of
dedicated service to the city and its residents. We also request consent to transfer ownership to his handler,
Cpl. Robert Fugate. The department requests the Commission approve the City Manager and City
Attorney to execute any and all documents related to this item.
FISCAL IMPACT:
There will be no fiscal impact on the city for allowing the K-9 to retire with his handler as the handler has
agreed and will assume responsibility of all care and feeding of K-9 Rico going forward.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 4 OF 21
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, 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 Police Department recommends the Commission approve the retirement and transfer of ownership
of canine "Rico" to Corporal Fugate and authorize the City Manager to execute and approve all
documents associated with this item.
This Agenda Item was not discussed.
CONSENT
201. Community Development Department - Urban Beautification Services Division
REQUEST:
The Community Development Department, Arbor Division, asks that the City Commission approve the
request of Yanette Niezes to remove one (1) specimen live oak tree from her residence at 312 Cello Circle.
The resident is concerned about damage the tree has caused to her walkway and driveway, and future
damage the tree may cause.
FISCAL IMPACT:
If this request is approved, the applicant will pay a $25.00 arbor permit fee.
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, 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 - JUNE 25, 2012 PAGE 5 OF 21
RECOMMENDATION:
Staff recommends that the City Commission approve the request of Ms. Niezes to remove one (1) specimen
live oak tree from her residence located at 312 Cello Circle. Staff is recommending approval due to the
proximity of the tree to the home and the driveway, damage caused to the walkway and driveway, and the
potential that this tree will cause further damage to the home because of its size and location of its root
system. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in
Section 5-8(b) of the Arbor Ordinance.
No discussion.
CONSENT
202. Community Development Department - Urban Beautification Services Division
REQUEST:
The Community Development Department, Urban Beautification Services Division, is requesting that the
City Commission review and approve a Neighborhood Street Sign and Light Improvement Agreement with
Meritage Homes for the Winter Springs Village Subdivision.
FISCAL IMPACT:
Street lights installed to service public roads within the Winter Springs Village Subdivision will impact the
General Fund by $14,522 (at the current base rate of $13.91 per pole). This amount represents a recurring
expense and will vary based upon the base rates as established by Progress Energy. Phase 1 has 49 street
lights planned and Phase 2 has 38 street lights planned, for a total of 87. The street light expenditure will
be offset by tax revenue generated from homes added to this subdivision; however, not all homes will
yield tax revenue in the same fiscal year as the expense occurs, based on when specific homes are purchased
and added to the tax rolls by Seminole County.
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, Media/Press Representatives who
have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with
the City, and all individuals who have requested such information. This information has also been posted
outside City Hall, posted inside City Hall with additional copies available for the General Public, and
posted at five (5) different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any
interested individuals.
RECOMMENDATION:
Staff recommends that the City Commission review and approve the Neighborhood Street Sign and Light
Improvement Agreement (Attachment 'A') for the Winter Springs Village Subdivision and approve the
City Manager and City Attorney to draft and execute the final agreement.
There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 6 OF 21
CONSENT
203. Parks and Recreation Department
REQUEST:
Parks and Recreation Department requests the City Commission rescind their previous approval of a one-
year extension to the Orlando Sentinel Agreement for Community Events' Marketing and Sponsorship
Procurement.
FISCAL IMPACT:
Relative to funding for our July, 2012 Celebration of Freedom Event, staff has already obtained $14,000 in
revenue (without assistance from the Orlando Sentinel ) to cover $19,875 in projected expenses for this
event. The projected expenses are inclusive of the cost of Fireworks and exclusive of the cost for public
safety. Staff is working diligently to procure additional sources of revenue and reduce expenses for this
event in order to make it "revenue neutral."
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, Media/Press Representatives who
have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with
the City, and all individuals who have requested such information. This information has also been posted
outside City Hall, posted inside City Hall with additional copies available for the General Public, and
posted at five (5) different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any
interested individuals.
RECOMMENDATION:
Parks and Recreation Department recommends the City Commission rescind their previous approval of a
one-year extension to the Orlando Sentinel Agreement for Community Events' Marketing and Sponsorship
Procurement.
No discussion.
CONSENT
204. Public Works Department
REQUEST:
The Public Works Department Requesting the City Commission validate the Staff recommendation finding
the Greens at Tuscawilla sitework to be built in substantial accordance with the Final Engineering plans
and to accept the public infrastructure for ownership and maintenance, subject to satisfactory completion
of the remaining open punchlist items
FISCAL IMPACT:
There is no fiscal impact associated with this site acceptance.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 7 OF 21
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, Media/Press Representatives who
have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with
the City, and all individuals who have requested such information. This information has also been posted
outside City Hall, posted inside City Hall with additional copies available for the General Public, and
posted at five (5) different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any
interested individuals.
RECOMMENDATION:
Staff recommends that the City Commission validate the Staff recommendation finding the Greens at
Tuscawilla sitework to be built in substantial accordance with the approved Final Engineering plans,
subject to completion of all open punchlist items as noted on Exhibit A, and to accept the public
infrastructure for ownership and maintenance.
This Agenda Item was not discussed.
CONSENT
205. Information Services Department
REQUEST:
The Information Services Department requests authorization to dispose of surplus assets according to the
attached disposition sheets.
FISCAL IMPACT:
There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at
auction.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,
portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been
electronically forwarded to the individuals noted above, and which is also available on the City's Website,
LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients,
Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's
Associations/Representatives on file with the City, and all individuals who have requested such
information. This information has also been posted outside City Hall, posted inside City Hall with
additional copies available for the General Public, and posted at five (5) different locations around the City.
Furthermore, this information is also available to any individual requestors. City Staff is always willing to
discuss this Agenda Item or any Agenda Item with any interested individuals.
RECOMMENDATION:
Staff recommends that the City Commission approve the disposition of the attached list of surplus assets.
No discussion.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 8 OF 21
CONSENT
206. Office of the City Clerk
REQUEST:
Requesting the City Commission Approve the Monday, June 11, 2012 City Commission Regular Meeting
Minutes.
FISCAL IMPACT:
There is no specific Fiscal Impact to this Agenda Item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,
portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been
electronically forwarded to the individuals noted above, and which is also available on the City's Website,
LaserFiche, and the City's Server; has been sent to applicable City Staff, 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, May 14, 2012 City Commission
Regular Meeting Minutes.
There was no discussion on this Agenda Item.
"MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
MANAGER SMITH NOTED, "IF THE COMMISSION IS OF THE MINDSET TO APPROVE
CONSENT `205% MAY I RESPECTFULLY ASK THAT THAT MOTION INCLUDE AN AMENDMENT
TO `205', WHICH IS SURPLUS ASSETS, TO REMOVE AN OFFICE DESK."
DISCUSSION.
MAYOR LACEY ASKED, "IS THERE A MOTION TO APPROVE WITH THE CHANGE SUGGESTED
BY THE MANAGER?"
"SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER
HOVEY. DISCUSSION.
MAYOR LACEY SUMMARIZED THE MOTION ON THE FLOOR WAS "TO APPROVE THE
CONSENT AGENDA WITH ITEM `205' MODIFIED TO REMOVE THE OFFICE DESK FROM THE
LIST."
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 9 OF 21
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Office Of The City Manager And Office Of The Chief Of Police
REQUEST:
Presenting an Award offering our thanks and appreciation from the City of Winter Springs to K-9 "Rico"
in honor of his retirement.
Chief of Police Kevin Brunelle then presented a plaque to "Rico' of the Police Department in honor of his selfless
and dedicated efforts to the City of Winter Springs.
Mayor Lacey recognized former Mayor Paul P. Partyka and Seminole County Public Schools Chairman of the
School Board, Dr. Tina Calderone who were present.
REPORTS
REPORTS
400. Office of the City Attorney — Anthony A. Garganese, Esquire
Assistant City Attorney Kate Latorre stated, "No Report".
REPORTS
401. Office of the City Manager — Kevin L. Smith
City Manager Kevin L. Smith stated, "The plan is to have you all the FY (Fiscal Year) 2013 proposed Budget in
your dropboxes by this Friday."
REPORTS
402. Office of the City Clerk —Andrea Lorenzo-Luaces, MMC
No Report.
REPORTS
403. Office of Commissioner Seat Two — The Honorable Rick Brown
Commissioner Rick Brown mentioned his schedule.
REPORTS
404. Office of Commissioner Seat Three - Vacant
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 10 OF 21
REPORTS
405. Office of Commissioner Seat Four — The Honorable Cade Resnick
No Report.
REPORTS
406. Office of Commissioner Seat Five — The Honorable Joanne M. Krebs
Commissioner Joanne M. Krebs stated that she want to "Thank all of those who sent in their applications for Seat
Three. It will be a tough choice tonight." Commissioner Krebs added, "Really appreciate you wanting to step up
to the plate" and noted an Election was scheduled for this November.
REPORTS
407. Office of the Mayor - The Honorable Charles Lacey
Mayor Lacey remarked that Dr. Michael Blasewitz has been recommended for the position of Executive Director
of Secondary Education and so we will be looking for a new Principal of Winter Springs High School.
REPORTS
408. Office of Commissioner Seat One - The Honorable Jean Hovey
Commissioner Jean Hovey mentioned she agreed with what Commissioner Krebs said about the eight (8)
interested Applicants for Seat Three.
PUBLIC INPUT
Mayor Lacey spoke of the procedures related to Public Input and noted, "I would suggest anyone here who is for
item `602', if you want to speak, either on your behalf or on behalf of someone else for the Seat Three position
that Commissioner Krebs and Commissioner Hovey referred to, Public Input would be an opportunity not to be
missed, because there is no guarantee that there will be other opportunities later on in the proceeding. It is up to
the will of the Commission. So, I would suggest if you have something to say on your behalf or others, go ahead
and avail yourself of this opportunity."
Mr. Bob Henderson, 635 White This Court, Winter Springs, Florida: spoke in favor of Ms. Pamela Carroll as an
Applicant for the Commission Seat Three opening.
Mr. Gary Brook, 631 Wood Duck Drive, Winter Springs, Florida: also spoke for Ms. Pamela Carroll as an
Applicant for the Commission Seat Three opening.
Mr. Matt Weber, 217 Stratford Drive, Winter Springs, Florida: commented on his background and beliefs as an
Applicant for the Commission Seat Three opening.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 11 OF 21
Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: spoke in favor of Ms. S. Avery Smith as an
Applicant for the Commission Seat Three opening.
Additionally, Mr. Calle spoke on tax dollars being used for the benefit for the City and not for one particular
group of citizens and commented on the Motion that was made related to the Units 12/12A Wall and other
interpretations of the Motion.
Commissioner Brown said to City Clerk Andrea Lorenzo-Luaces, "I know at the last meeting, there was some
discussion about whether my Motion was vague or not, that we Voted on and passed, with regard to the wall. Mr.
Calle just articulated that Motion exactly the way that I intended it, so before the next meeting, could you please
print the verbatim transcript from that discussion that night, when I made that Motion, so that we have it for the
next meeting?" City Clerk Lorenzo-Luaces stated, "Of course."
Commissioner Krebs said to Commissioner Brown, "You might also want what we said at the last meeting where
we felt we understood your Motion."
Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: addressed the Mayor and City
Commission on Public Hearings Agenda Item "500" and said that while reviewing the Agenda Item he noticed
reference to "allowing multi -family residential in the C-1 neighborhood commercial zoning district", and
inquired, "Am I going to be afforded the same thing on my piece of property being that I am one (1) block away,
or in that District?"
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "As I understand
Mr. Grogan's question, he is concerned, whether or not we would allow him to put residential possibly on top of
his existing building? He submits an Application. It would be considered as a `Conditional Use', just as this one
will. We would certainly have to review the structure of that building to make sure it could support that."
Mr. Grogan asked about the process and if an Application and Fee would be required; and also noted he was in
favor of this proposed project.
Mr. Jim Pitts, 904 Augusta National Boulevard, Winter Springs, Florida: remarked about his support for Ms.
Pamela Carroll as an Applicant for the Commission Seat Three opening.
Ms. Kay Stelling, 864 Little Bend Road, Altamonte Springs, Florida: spoke in favor of Mr. Matt Weber as an
Applicant for the Commission Seat Three opening.
Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, Florida: commented in favor of Mr. Jim Stanley as
an Applicant for the Commission Seat Three opening.
Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: commented on her background and other related
information as an Applicant for the Commission Seat Three opening.
Mr. Richard Turkiewicz, 841 Bentley Green Circle, Winter Springs, Florida: commented on his background as
an Applicant for the Commission Seat Three opening.
Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: noted her support for Ms. Pamela Carroll
as an Applicant for the Commission Seat Three opening.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 12 OF 21
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department - Planning Division
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold a public
hearing for the approval of a Conditional Use for the Moss Park Apartments mixed -use area, located on
the north side of SR 434, east of the intersection of Moss Road and SR 434 to allow multi -family residential
in the C-1 (Neighborhood Commercial) zoning district. The subject property is a portion of the former
Saratoga Condominium project.
FISCAL IMPACT:
The approval of a Conditional Use for Moss Park Apartments is anticipated to create a positive fiscal
impact which will allow the development of the mixed -use center with the multi -family residential
component. Development of the mixed -use center is anticipated to create jobs and add taxable value to the
City.
Apartments (15 units
Income approach: $601,330 assessed tax value
$601,330/1000 = 601.33
601.33(2.5600) = $1,539.40
$1,539.40 (less the 4% statutory discount) _ $1,477.82 tax revenue
Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser)
$100 assessed value for entire parcel
100/1000 = 0.1
0.1 x 2.5600 = 0.256
Total Potential Tax Revenue:
(1477.82 + 0.256=1478.08)
Retail (6,000 square feet)
Units (6,000 square feet) assessed at $90/square foot:
(6,000 x 90 = 540,000)
$540,000/1000 = 540.00
540(2.5600) = $1382.40
$1,382.40 (less the 4% statutory discount) _
$100 assessed tax value
$0.256 tax revenue
$1,478.08
$540,000.00 assessed tax value
$1327.10 tax revenue
Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser)
$100 assessed value for entire parcel
100/1000 = 0.1
0.1 x 2.5600 = 0.256
Total Potential Tax Revenue:
(1327.10 + 0.256=1327.36)
Total taxable value for entire site:
(1478.08 + 1327.36 = 2805.44)
$100 assessed tax value
$0.256 tax revenue
$1,327.36
$2,805.44 total
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 13 OF 21
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, 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.
A yellow sign noting the date and time of the public hearing has been erected on the property.
RECOMMENDATION:
Staff recommends the City Commission approve the conditional use application to permit multi -family
residential use on the subject C-1 properly pursuant to section 20-234 (5) of the City Code, subject to the
following binding conditions: The multi -family use shall be incorporated into a mixed use project as
follows: There shall be a minimum of eight (8) and a maximum of fifteen (15) dwelling units. There shall
be a minimum of 6000 square feet of commercial retail space located on the ground floor. There shall be
minimum on -site parking equivalent to two (2) spaces per dwelling unit, and five (5) spaces per 1000 square
feet of commercial space. The conditional use shall be subject to expiration pursuant to section 20-36 of the
City Code which states that Conditional Use approvals "shall expire two (2) years after the effective date of
such approval by the City Commission, unless a building permit based upon and incorporating the
conditional use, variance, or waiver is issued by the city within said time period."
Mr. Bobby Howell, AICP, Planner, Community Development Department began the discussion of this Agenda
Item with references to a parking plan in the Agenda Item, while outlining portions of the Agenda Item and its
recommendations.
Commissioner Krebs asked "How many parking spaces would you remove for a play area?"
Mr. Howell responded, "The State Law says basically each child is required to have forty-five (45) square feet of
open space." Continuing, Mr. Howell said this did not include children under one (1) year of age and then Mr.
Howell went through some of the numbers and mentioned an alternative to removing spaces which involved
adding some padding over some spaces.
Commissioner Cade Resnick commented on safety and parking concerns.
A proposed Waiver was addressed next, to which Mr. Howell stated, "He will be coming forward with a Waiver
Application at the July 11"', (2012) P and Z (Planning and Zoning Board/Local Planning Agency) meeting, and
then, you will see that at the July 23`d, (2102) City Commission meeting as well."
Commissioner Krebs noted, "So, we are expecting the residents will be parking out in front and not behind as was
mentioned at the last meeting?"
Mr. Stevenson explained, "We have talked to the Applicant and I think there is a point in time that hopefully these
places will become popular again; they will be small but we've talked about reserving the spaces, at least a
minimum of one (1) per unit that would be available for those residents at any time and would not be available for
the commercial parking..." Mr. Stevenson added, "...On site, yes. Probably be to the eastern portion of the site
there."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 25, 2012 PAGE 14 OF 21
Commissioner Krebs spoke of the one resident unit on the bottom to which Mr. Stevenson explained this was
related to "ADA (Americans with Disabilities Act) compliance — and as in most residences, they allow those
people with disabilities that can't negotiate stairs, to be on the ground floor. The ground floor unit there was to
allow them to meet the ADA (Americans with Disabilities Act) requirements for this particular site; in addition to
the units that they have on the site to the north."
Continuing, Commissioner Krebs commented to Mr. Stevenson, "Why can't all the apartments meet the ADA
(Americans with Disabilities Act) requirement on this site?" Mr. Stevenson asked if Commissioner Krebs was
referring to installing an elevator and Commissioner Krebs confirmed this. Mr. Stevenson then spoke of costs and
space related to an elevator. Commissioner Krebs mentioned, "This is not only an Exception Use, this is a new
type Use for Winter Springs — commercial or retail on the bottom and residential on the top." Furthermore,
Commissioner Krebs noted, "It just seems to me that we are cutting out a certain group of people and we're
making it okay by just having one (1) on the bottom. So, I am not really happy with that."
Mr. Stevenson said to Commissioner Krebs, "You are talking about the mixed use over in Building 4 in the Town
Center I believe? That is our other `Mixed Use' building in the area and I believe it does have an elevator."
Commissioner Krebs said, "It does. I think it would be the perfect place to have an elevator because I think it
would be the perfect place for anybody with any kind of handicap, to be able to utilize that. They run a bus line
so naturally if they can't drive, they certainly can — get themselves out to the bus stop."
Mayor Lacey opened the "Public Input" portion of the Agenda Item.
No one addressed the City Commission on this Agenda Item.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
Commissioner Brown asked if there was an elevator in the residential units in the Town Center and mentioned, "It
is not really setting precedent."
Tape 1/Side B
Further comments followed.
Mayor Lacey asked if the City Commission wanted to Approve this Agenda Item.
Commissioner Krebs noted this was a Conceptual and she did not like the concept and added, "I think it could be
better."
No action was taken on this Agenda Item.
REGULAR AGENDA
REGULAR
600. Office of the City Clerk
REQUEST:
The City Clerk requests that the City Commission hear a presentation from the Planning and Zoning
Board/Local Planning Agency related to their membership, efforts, accomplishments, and any issues they
may wish to discuss.
CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 15 OF 21
FISCAL IMPACT:
There is no fiscal impact related 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.
The Office of the City Clerk has provided information via email and in person regarding the Mayor and
City Commission's interest in hearing from the Planning and Zoning Board/Local Planning Agency.
The Planning and Zoning Board/Local Planning Agency has also discussed this matter a couple of times at
recent Board meeting(s), prior to attending this City Commission Regular Meeting.
RECOMMENDATION:
The City Commission is requested to hear from members of the Planning and Zoning Board/Local
Planning Agency and discuss any matters they deem of interest with the Planning and Zoning Board/Local
Planning Agency and City Staff, as applicable.
Planning and Zoning Board/Local Planning Agency Chairperson Bill Poe, Vice Chairperson Rosanne Karr, and
Board Member Suzanne Walker addressed the Mayor and City Commission.
Chairperson Poe commented on everyone's interest in developing the Winter Springs Town Center and the GID
(GreeneWay Interchange District) and thought we could improve our working with Continuing, Chairperson Poe
remarked, "That is not to change the Code. The Code is there; we need to keep the Code. It is not to ignore
Public Input; we want Public Input, we want to hear from them we want to hear what they have to say. But, when
an Applicant walks in and he meets the Code, then why should he have to bring this entourage to Board after
Board after Board after Board."
Additionally, Chairperson Poe added, "We as P and Z (Planning and Zoning Board[/Local Planning Agency]) do
not have the answer to how this can come about; but we certainly would ask the Commission if the Staff would
look at it, from the perspective of how can we do this, yet maintain our Code, yet still receive Public Input, but
make it easier for these folks to come to our City."
Continuing, Chairperson Poe noted, "I just do believe that every time that we require them to bring another
Attorney, another Architect — we are causing them an expense, not only in dollars, but in time. Time is money to
someone who is trying to develop something in our City. So, our request of the Mayor and Commission is, can
we have Staff look at that from a perspective, `How can we make this easier for that Applicant to bring his
business to our City."
Brief comments followed on economic initiatives.
Manager Smith noted, "To Commissioner Krebs' point, we have made some significant changes in the staff
review process. I think the feedback that you all have received from Developers over the last few years is
indicative of the success of those changes and we can constantly evaluate that to try to ensure future success."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 16 OF 21
Further comments.
Regarding the request that Chairperson Poe stated, Chairperson Poe added, "I think we are just looking at, if all of
a sudden, they meet the Code, why is they have to continue to bring back all of these experts, when they go before
the P and Z (Planning and Zoning Board[/Local Planning Agency]), when they go before the City Commission?"
Mayor Lacey mentioned, "I have seen a couple of presentations from one of our sister cities where they talk about
their Development Review process in the terms of a process improvement, that actually involves the staff a little
bit more in the recommending and decision making area; and they are fairly proud of how they have expedited the
business development process improvement."
Chairperson Poe commented, "We have, probably the finest Staff amongst all the cities that are around us; and I
think we ought to rely upon them, that is why we hired them." Furthermore, Chairperson Poe said, "I do believe
that we ought to rely upon the expertise of those that are trained in the area of Planning and Zoning because they
are schooled at it, they are trained at it, they are professionals at it."
Discussion.
Mr. Stevenson reviewed different scenarios and said Staff would do whatever the City Commission directed
Commissioner Krebs summarized what she thought Chairperson Poe was suggesting and stated, "If something
came into the City and Staff looked it and it met all the Codes, I think you might be saying to me is, why should
it come to us, let it just go to the - Commission to Approve. Is that what you are saying? Is that the point you are
looking at, because it meets Code?"
Chairperson Poe responded, "If that is what Staff would recommend, I would certainly concur with that, because
at that point in time, if they have met Code, what reason does it need to appear before us..." Commissioner Krebs
added, "...Just before it gets to us? That is what you are saying, right?" Chairperson Poe stated, "Yes."
Discussion followed on whether such a change would be a Policy revision.
Manager Smith stated, "If we're discussing maybe changing the levels of Approvals. For example, certain
projects within certain parameters may be signed off at the Staff level and certain projects under certain
parameters come to the Commission, if that's what I'm hearing correctly, and this body is willing or of the
mindset to consider that, Staff would be more than happy to go back and put together some scenarios."
Discussion.
Chairperson Poe further spoke of the City being more "user friendly" and said that Staff had done a great job with
re -writing the Code.
Further comments.
Mayor Lacey said to the City Commission, "Is there a Consensus amongst the Commissioners that we direct Staff
to come back with recommendations for a process improvement?" Commissioner Hovey and Commissioner
Brown nodded in agreement. Commissioner Resnick said, "Okay." No objections were voiced. Mayor Lacey
summarized, "Consensus for the Staff to come back with a recommendation on process improvement for the
Planning and Zoning function."
Manager Smith then asked, "Is everybody agreeable to no specific time frame? Certainly we'll move
expeditiously." Commissioner Krebs said, "No specific time frame." No objections were noted.
Chairperson Poe asked, "Are we still not looking at the GID (GreeneWay Interchange District)?" Mayor Lacey
remarked, "That is the current direction from the City Commission, yes."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 17 OF 21
Vice Chairperson Karr commented on the City of Chattanooga, Tennessee as what she hoped our City could be
like and showed a few photographs.
Members of the Planning and Zoning Board/Local Planning Agency were then thanked. With Vice Chairperson
Karr's Terms of Office coming to an end, Vice Chairperson Karr was specifically thanked for her many years of
service as she leaves the Planning and Zoning Board/Local Planning Agency next month.
REGULAR
601. Office of the City Clerk
REQUEST:
The City Clerk respectfully requests that Commissioner Rick Brown make Appointments/Reappointments
related to the Terms of Office which will be expiring in July 2012.
FISCAL IMPACT:
There is no 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, 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:
Commissioner Rick Brown is respectfully requested to make individual Motions for each Seat, on each
Board/Committee.
Appointments/Reappointments To Be Made By Commissioner Rick Brown:
Seat currently held Seat currently held by Roberto Carlos Acevedo — Beautification of Winter Springs
Board
Seat currently held by Helen Baker — Tuscawilla Lighting and Beautification District Advisory Committee
Brief comments followed on a possible Appointment.
"I WOULD LIKE TO REAPPOINT, AT HER REQUEST, HELEN BAKER" TO THE TUSCAWILLA
LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY
COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION.
VOTE:
COMMISSIONER HOVEY: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER RESNICK: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 18 OF 21
Regarding another possible Appointment, Commissioner Brown stated, "I will reach out to Mr. (Roberto Carlos)
Acevedo."
Commissioner Hovey asked that City Clerk provide her with information on any Appointments/Reappointments.
City Clerk Lorenzo-Luaces agreed to do this.
REGULAR
602. Office Of The City Attorney And Office Of The City Manager
REQUEST:
The City Attorney and City Manager advise the City Commission that pursuant to section 4.08(c) of the
Winter Springs City Charter, the City Commission is required to appoint a qualified voter of the City to fill
the vacancy in the District 3 City Commission seat created by the resignation of former Deputy Mayor,
Gary Bonner.
FISCAL IMPACT:
There is no direct fiscal impact related to the appointment to fill the vacancy on the City Commission.
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, 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 Attorney and City Manager advise the City Commission that pursuant to section 4.08(c) of the
Winter Springs City Charter, the City Commission is required to appoint a qualified voter of the City to fill
the vacancy in the District 3 City Commission seat created by the resignation of former Deputy Mayor,
Gary Bonner.
Mayor Lacey began the discussion on this Agenda Item.
Commissioner Brown stated, "I would like to Nominate Avery Smith." Mayor Lacey stated, "Avery Smith is
Nominated."
Commissioner Resnick remarked, "I would like to Nominate Phil Kaprow." Mayor Lacey stated, "Phil Kaprow is
Nominated. Are there further Nominations?"
Hearing none, Mayor Lacey asked, "Do I have a Motion to close Nominations?"
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 19 OF 21
"MOTION TO CLOSE NOMINATIONS." MOTION BY COMMISSIONER BROWN. SECONDED BY
COMMISSIONER RESNICK. DISCUSSION.
MOTION CARRIED.
"I WILL MAKE A MOTION FOR AVERY SMITH." MOTION BY COMMISSIONER BROWN.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER RESNICK: NAY
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
Mayor Lacey stated, "Avery Smith is Appointed to the Winter Springs City Commission for a Term expiring in
November 2012."
Continuing, Mayor Lacey noted, "The suggested format to follow would be to schedule a Special Meeting for five
o'clock at the next meeting, on July 9t', (2012) and have a - Ceremony for Ms. Smith, so she would have a chance
to invite her friends and family to come participate and seat her and then she would participate in deliberations at
that Meeting." Mayor Lacey inquired, "Is that process agreeable to the Commission and to Ms. Smith?"
Commissioner Brown remarked, "Yes." No objections were noted.
Mayor Lacey summarized, "We will have a Special Meeting at five o'clock on July 90', 2012." Mayor Lacey
invited Commissioner -Elect Avery Smith to also attend the City's 41' of July and be introduced.
Additionally, Mayor Lacey mentioned the Deputy Mayor position needed to be Voted on. Commissioner Brown
suggested, "Can I please ask that be postponed one (1) round so I can be here?" Mayor Lacey asked, "Is there any
objection by the Commission to waiting until the second meeting in July for the Deputy Mayor designation?" No
objections were stated.
Manager Smith mentioned the open seat on the CRA (Community Redevelopment Agency) and asked, "Would
the Commission like to wait and do everything at one time?" Commissioner Brown nodded in agreement.
Hearing no objections, Mayor Lacey suggested, "Yes, why don't we hold off until we are all here — the second
Meeting in July."
Manager Smith stated, "If it is okay with you all, we've been handling that at the Staff level."
Additionally, Manager Smith said that with the Appointment of a new Commissioner for Seat Three, "We intend
to move forward at the next meeting with Unit 12 Wall Board Appointments?"
Commissioner Brown stated, "Point of Order" and commented that he had an Appointment to make to the new
Ad Hoc Committee.
"I WOULD LIKE TO APPOINT MR. (DAVID) BOLDT." MOTION BY COMMISSIONER BROWN.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2012 PAGE 20 OF 21
Commissioner Resnick mentioned the verbatim information that Commissioner Brown had asked for, for the next
City Commission Meeting, and asked Commissioner Brown, "Do you want us to wait two (2) meetings though to
have that discussion?" Commissioner Brown remarked, "Yes, if that is when the Wall is coming back."
Commissioner Brown added, "We are going to Appoint the Committee next meeting — or whenever Andrea
(Lorenzo-Luaces) has it ready, she can email it to us..." Commissioner Resnick added, "...Because we were
waiting on you to have a discussion on any changes or addendums or anything of that nature." Commissioner
Brown said, "That is fine."
Manager Smith then said, "The direction — on bringing that information back, that Commissioner Brown
requested — is that something that you want the Clerk to email to you all or is that something we want to bring
back as an Agenda Item for discussion?"
Commissioner Brown noted, "At the last meeting, there seemed to be some question about the structure or
vagueness of the Motion that I made; so, I just asked the Clerk if she could provide the Verbatim transcript,
because I didn't feel that my Motion was vague in the least. I just wanted to make sure that everybody had it."
Continuing, Commissioner Brown added, "email is fine. Whatever is most convenient to the Clerk."
Commissioner Resnick mentioned to Commissioner Brown, "It wasn't vague on my part. I was looking to see if
we perhaps wanted to consider changing one word, only to satisfy an opportunity or an option for the Wall
individuals." Commissioner Resnick added, "On my part it wasn't actually vague, it was just making a request to
consider a change."
Additionally, Commissioner Brown stated, "In my opinion, the Motion was made and the Motion was Voted on
and the Motion stands as it was presented. My discussion with the residents that I spoke to was that the
Commission is the executive body. Anything that is brought to us by a resident can be looked at or re -looked at.
If they get together as a Committee and felt there was something they would like us to have another look at, they
can certainly bring it to us; and then we as a board can decide whether we want to take that up and discuss it or
not."
PUBLIC INPUT
Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: commented on the suggestions of the
Planning and Zoning Board/Local Planning Agency, and thought that "straightforward issues" could seek
recommendations and Approvals by City Staff, and Policy issues would stay with the City Commission.
Mr. Partyka commented on the newly Appointed Commissioner and asked to hear from her.
Mayor Lacey and Assistant City Attorney Kate Latorre agreed that Commissioner -Elect Smith was to now adhere
to provisions of the Sunshine Law.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 25, 2012 PAGE 21 OF 21
ADJOURNMENT
Mayor Lacey adjourned the Regular Meeting at 6:45 p.m.
RESPECTFULLY SUBMITTED:
ZO-LUACES, MMC
APPROVED:
ire f��r>
NOTE: These Minutes were Approved at the July 9, 2012 City Commission Regular Meeting.