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HomeMy WebLinkAbout2013 02 25 Consent 201 Unapproved Minutes from the February 11, 2013 Regular Meeting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ŽŶƐĞŶƚϮϬϭW'ϭK&ϮͲ&ĞďƌƵĂƌLJϮϱ͕ϮϬϭϯ IRUWKH$SSURYDOE\WKH&LW\&RPPLVVLRQ ),6&$/,03$&7 7KHUHLVQRILVFDOLPSDFWWRWKHDSSURYDORIWKLV$JHQGD,WHP &20081,&$7,21())2576 7KLV$JHQGD,WHPKDVEHHQHOHFWURQLFDOO\IRUZDUGHGWRWKH0D\RUDQG&LW\&RPPLVVLRQ &LW\0DQDJHU&LW\$WWRUQH\6WDIIDQGLVDYDLODEOHRQWKH&LW\¶V:HEVLWH/DVHU)LFKHDQG WKH&LW\¶V6HUYHU$GGLWLRQDOO\SRUWLRQVRIWKLV$JHQGD,WHPDUHW\SHGYHUEDWLPRQWKH UHVSHFWLYH0HHWLQJ$JHQGDZKLFKKDVDOVREHHQHOHFWURQLFDOO\IRUZDUGHGWRWKHLQGLYLGXDOV QRWHGDERYHDQGZKLFKLVDOVRDYDLODEOHRQWKH&LW\¶V:HEVLWH/DVHU)LFKHDQGWKH&LW\¶V 6HUYHUKDVEHHQVHQWWRDSSOLFDEOH&LW\6WDII0HGLD3UHVV5HSUHVHQWDWLYHVZKRKDYH UHTXHVWHG$JHQGDV$JHQGD,WHPLQIRUPDWLRQ+RPHRZQHU¶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ŽŶƐĞŶƚϮϬϭW'ϮK&ϮͲ&ĞďƌƵĂƌLJϮϱ͕ϮϬϭϯ Attachment"A" CITY OF WINTER SPRINGS, FLORIDA ONTE� 4 � r • Incorporated • 1959 • Q00 we CITY COMMISSION MINUTES REGULAR MEETING MONDAY, FEBRUARY 11, 2013 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Cade Resnick- Seat Four Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Pam Carroll - Seat Three Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 11,2013 PAGE 2 OF 16 CALL TO ORDER The Regular Meeting of Monday, February 11, 2013 of the City Commission was called to Order by Mayor MYY Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State 434, Winter Springs,Florida 32708). 4"" Roll Call: = " Mayor Charles Lacey, present .. , Deputy Mayor Cade Resnick present Commissioner Jean Hovey, present jxszwe Commissioner Rick Brown, present Commissioner Pam Carroll, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, arrived at 5:21 p.m. A moment of silence was held, followed by the Pledge of Allegiance. Related to Agenda Changes, Mayor Lacey mentioned a traffic issue that may be delaying some people who were attending this evening's City Commission meeting; and also noted that Awards and Presentations "301" would not be heard this evening due to a last minute personal issue. Further related to Awards and Presentations "301", City Manager Kevin L. Smith said, "Commissioners, if you all would be agreeable, I'd like to put that on the next Agenda,two(2)weeks out." No objections were voiced. Continuing, Manager Smith mentioned that a couple of City Employees had not been able to attend the last City Commission Regular Meeting when Employee Service Awards were presented, and said that they would appreciate being recognized, and asked if the Commission would agree to a presentation sometime this evening. Mayor Lacey suggested that this could be handled right after Awards and Presentations "300", and no objections were noted. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: The 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 3 OF 16 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. ,. „p 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. There was no discussion on this Agenda Item. INFORMATIONAL 101. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission of the results of the 2013 Scottish Highland Games Special Event. FISCAL IMPACT: The Scottish American Society of Central Florida paid: • Central Winds Park rental revenue of$6,000 less $3,000 (due to onetime City sponsorship for 2013 games only) for a net park rental revenue of$3,000,and • a$3,000 donation (per contract)for future City special events. 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. Additional advertising through Disney Radio promoting Caitlyn Boyd, the 2012 "Brave" look-a-like contest winner. The Central Florida Scottish American Society advertised the games brochure on their website. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 4 OF 16 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 HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Public Works Department REQUEST: The Public Works Department requesting the City Commission validate the Staff recommendation finding the Jesup's Landing 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. 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 Jesup's Landing sitework to be built in substantial accordance with the approved Final Engineering plans and accept the public infrastructure for ownership and maintenance, subject to completion of all open punchlist items as noted on Exhibit A prior to issuance of any Certificates of Occupancy. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 5 OF 16 CONSENT 201. Public Works Department REQUEST: The Public Works Department requests the City Commission's authorization to enter into an Engineering E `= a Services Agreement with Pegasus Engineering,LLC in the amount of$97,739.89 for design of a right-turn lane on S.R. 434 eastbound at Winding Hollow Boulevard IMPACT: The project is entirely federally funded and has no budget impact to the City. , 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. 'L' 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. Staff is scheduled to attend the Winding Hollow HOA meeting on February 21,2013 to present the project, collect input, and answer questions. Additional public outreach activities such as meetings, workshops, informational flyers,etc.,will be scheduled as needed. RECOMMENDATION: Staff recommends the Commission authorize entering into an Engineering Services Agreement with Pegasus Engineering, LLC in the amount of$97,739.89 for design of a right-turn deceleration lane on S.R. 434 eastbound at Winding Hollow Boulevard, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. There was no discussion on this Agenda Item. CONSENT 202. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the Monday, January 28, 2013 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact to the approval of this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 6 OF 16 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"'°';'::" ti, 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 F_ 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, January 28, 2013 City Commission Regular Meeting Minutes. No discussion. CONSENT 203. Police Department REQUEST: The Police Department requests the Commission accept the 2013 Florida Department of Law Enforcement - Edward Byrne Memorial Justice Assistance in the amount of $2,803.00 and to utilize these funds to purchase emergency life-saving trauma kits. FISCAL IMPACT: These grant revenues and related expenditures were not included in the FY 2013 Police Department Budget request pending a decision on the award from FDLE. The Budget was already approved prior to this grant being awarded. The trauma kits will cost $2,803.00. Therefore, there is no additional fiscal impact on the FY 2013 Budget relative 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 7 OF 16 RECOMMENDATION: Staff recommends the Commission approve the acceptance of the 2013 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance in the amount of $2,803.00 to purchase the '' ^ trauma kits,and authorize the City Manager and Mayor to execute any and all required grant documents. 4 This Agenda Item was not discussed. CONSENT 204. 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. CONSENT 205. Community Development Department-Arbor Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve the request of Doug Hunt to remove one (1) Specimen Sweetgum tree from his property at 705 South Edgemon Avenue. The resident is concerned with the proximity of the tree roots to his home. FISCAL IMPACT: If this request is approved,the applicant will pay a$25.00 arbor permit fee to the Arbor Fund (110). CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 8 OF 16 COMMUNICATION EFFORTS: r":771 This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, ,71 City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Servers_ Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has'•.':',„":.x.m• also been electronically forwarded to the individuals noted above, and which is also available on the City's `':.':"K : 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 %...4 Associations/Representatives on file with the City, and all individuals who have requested suchr"'T :'s' 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 they .=u 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 request of Mr. Hunt to remove one (1) Specimen Sweetgum tree from his residence at 705 S Edgemon Avenue. Staff is recommending approval due to the fact that several large roots have cracked the driveway and are growing under the foundation of the home. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5-8(b) of the Arbor Ordinance. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office of the Mayor and City Commission REQUEST: Mayor Lacey and the City Commission wish to recognize Mr. Arnie Nussbaum for his many contributions to the City of Winter Springs. Mayor Lacey and the City Commission presented Mr. Arnie Nussbaum with the "Key to the City" and Mayor Lacey said to Mr. Nussbaum, "This is the highest award the City can present and you are well deserving of it. Thank you very much for all your efforts.” Mr. Nussbaum offered his thanks and also recognized the Parks and Recreation Department for their assistance with a special mention to Mr. Chris Caldwell, Director, Parks and Recreation Department; Mr. Mike Barclay, Recreation Superintendent, Parks and Recreation Department; Mr. Brian Dunigan, Recreation and Special Events Coordinator, Parks and Recreation Department; and Ms. Sherry Norman, Administrative Secretary, Parks and Recreation Department. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 9 OF 16 Lastly, Mr.Nussbaum also thanked"Everybody who is on this dais that supports the wonderful public events and we do it with quality and the special details that we do in Winter Springs." , City Attorney Anthony A. Garganese arrived at 5:21 p.m. to which Mayor Lacey noted it for the Record. ❖❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL AWARDS AND PRESENTATIONS WERE HELD NEXT, FOLLOWED BY THE REST OF THE AGENDA AS NOTED. •• AWARDS AND PRESENTATIONS Accompanied by Mayor Lacey and the City Commission, City Manager Kevin L. Smith presented Employee Service Awards to the following City of Winter Springs' Employees that were in attendance at this meeting: 10 Years of Service: Mr. Butch West, Police Department. 20 Years of Service: Mr. Chris Deisler, Police Department. AWARDS AND PRESENTATIONS 301. Office of the City Manager REQUEST: The City Manager requests that the Commission receive a status report on the City's economic development activities from Economic Development Director Brian Walters. As noted during the beginning of this meeting, this Agenda Item will be held at the next City Commission Regular Meeting. REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report. REPORTS 401. Office Of The City Manager—Kevin L. Smith Manager Smith noted that beginning with the next City Commission Regular Meeting Agenda, "QR" Codes will now be added to City Commission Agendas as a process improvement. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 10 OF 16 REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC No Report was given. REPORTS ,.j 403. Office of Commissioner Seat Three-The Honorable Pam Carroll Commissioner Pam Carroll remarked that she attended the City's Father-Daughter Dance held this past Friday night and that Mr. Nussbaum did a great job as did Mr. Dunigan and Mr. Barclay. Commissioner Carroll noted that it was a great event, and added, "Kudos." REPORTS 404. Office of Commissioner Seat Four/Deputy Mayor-The Honorable Cade Resnick Deputy Mayor Cade Resnick mentioned that he would not be able to attend the Winter Springs Babe Ruth Opening Day Ceremonies later this month due to a personal conflict. REPORTS 405. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs Commissioner Joanne M. Krebs also noted that due to a personal conflict, she also would not be able to attend the Winter Springs Babe Ruth Opening Day Ceremonies. REPORTS 406. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey remarked that he attended a recent Council of Local Governments in Seminole County(CALNO) meeting; that he participated in a Seminole Chamber "State of the City" event; and that this past Saturday, the Orlando Chinese Professional Association held their annual New Years' event here in Winter Springs to which he attended and offered them his thanks for holding the event in our City. REPORTS 407. Office of Commissioner Seat One-The Honorable Jean Hovey Commissioner Jean Hovey noted that "At our last meeting, we talked about the parking and that we wanted to look at changing the Parking Codes in the City—do we want to maybe think about having a Moratorium like we did at Christmas?" Commissioner Krebs stated, "That sounds like a good idea." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 11 OF 16 Mayor Lacey suggested that Captain Deisler should offer his thoughts on this; and Commissioner Hovey mentioned that, "We talked a couple of weeks ago about having a Workshop and discussing the parking on the streets because we have all received numerous emails as you know." Commissioner Hovey added, "Would it be appropriate for us to entertain a Motion to alleviate the parking rules like we do at the holiday time?" Captain''' Deisler responded, "Certainly." ". "I WILL MAKE THE MOTION." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY SUMMARIZED, "TO HAVE A MORATORIUM ON THE PARKING REGULATIONS, SIMILAR TO WHAT WE HAVE DONE PREVIOUSLY FOR THE HOLIDAYS.",Y, COMMISSIONER HOVEY STATED,"RIGHT." COMMISSIONER CARROLL ASKED, "IS THIS TO A CERTAIN DATE, AND THEN WE WILL HAVE THE WORKSHOP?" AS NO WORKSHOP DATE HAS BEEN SET, MAYOR LACEY NOTED, "IT WOULD BE FOR AN UNDEFINED PERIOD OF TIME." COMMISSIONER KREBS ADDED, "YOU MAY DECIDE AT THAT WORKSHOP, TO DO SOME MORE FACT FINDING/INFORMATION, AND SO IT COULD EVEN GO PAST THE WORKSHOP DATE; SO,THAT IS SOMETHING TO THINK ABOUT." MANAGER SMITH COMMENTED, "TO BE CLEAR,THE MOTION WOULD INCLUDE-TO PLACE A MORATORIUM ON PARKING IN THE STREET WITH SIMILAR TERMS AND CONDITIONS THAT WE DO AT THE HOLIDAY SEASON. FOR EXAMPLE CERTAIN ROADS..." COMMISSIONER KREBS AND COMMISSIONER HOVEY STATED, "...RIGHT...." COMMISSIONER KREBS AND COMMISSIONER HOVEY THEN ADDED, "WIDTH" AND "EMERGENCY CRITERIA". MAYOR LACEY POINTED OUT, "FOLLOW THE SAME FORMAT AS HOLIDAYS." VOTE: COMMISSIONER CARROLL: NAY COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. REPORTS 408. Office of Commissioner Seat Two-The Honorable Rick Brown Commissioner Rock Brown also noted that he might not be able to attend the Winter Springs Babe Ruth Opening Day Ceremonies, due to a previous commitment. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 12 OF 16 PUBLIC INPUT No one addressed the Mayor and City Commission at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office of the City Attorney REQUEST: The City Attorney, City Manager, and Police Chief request that the City Commission consider First Reading of Ordinance No.2013-02 which proposes to update the City's noise regulations. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Ordinance. However, additional electronic equipment will need to be purchased by the Police Department in order to adequately enforce the new low frequency sound standards set forth in Ordinance 2013-02. The estimated cost of the electronic equipment is approximately $ 5,300.00. Also, the electronic equipment will likely need annual routine maintenance and the cost of that maintenance will be funded from the Police Department's recurring annual equipment maintenance budget which is approved annually by 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, City Manager, and Police Chief recommend that the City Commission pass Ordinance No. 2013-02 on First Reading and authorize Ordinance No. 2013-02 be publicly advertised for Second Reading and adoption at an upcoming regular City Commission meeting. "MOTION TO READ BY `TITLE' ONLY". MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2013-02 by "Title" and then gave some background information on this issue and the Ordinance before the City Commission for consideration. Attorney Garganese concluded by saying, "After numerous meetings, Staff is recommending the recommendations in the Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 13 OF 16 Dr. John M MacDonald, Ph.D., P.E., 3142 Ash Park Loop, Winter Park, Florida: presented to the Mayor and ,� City Commission a PowerPoint presentation and reviewed technical aspects regarding his Report including databases he has referenced, related equipment, and the proposed Ordinance. Continuing with his presentation and while referencing the recommendations, Dr. MacDonald noted that one suggestion was "Remove the pure tone section — it was put in for good reason but it's at this point, not possible for Winter Springs to-measure sound levels to comply with the Ordinance as its written in the pure tone section." ` 3 Dr. MacDonald also commented that time periods being measured, need to be specified. Furthermore, Dr. ::;:: MacDonald noted, "I have written an operating procedure for the Police Department on the proper way to go out: w and take these measurements." Additionally, Dr. MacDonald also said they would train the Police Department and also noted that new meters would be needed. Mayor Lacey asked Captain Deisler, "Are you comfortable, having worked with Professor MacDonald and seeing this Report, that your Officers will be able to enforce this law." Captain Deisler stated, "Yes" and then offered Dr. MacDonald his thanks and mentioned that he thought they could proceed as discussed. Mayor Lacey then said to Manager Smith, "This is calling for an unbudgeted fifty-three hundred dollar ($5,300.00)expense,can you find the money?" Manager Smith responded, "Yes Mayor,we will do so." Deputy Mayor Resnick stated, "With this in mind, as we move forward Randy — is this something we consider with permits and building?" Deputy Mayor Resnick further mentioned that related to businesses, "Is this something that we would consider for those types of facilities, to give them the information ahead of time to measure all of this?" Manager Smith responded, "Certainly, I think globally, an education process is most important and quite frankly, our Police Department has done - a beyond admirable job in my opinion, educating the community on various rules and regulations and we'll certainly do so." Mayor Lacey thought that Deputy Mayor Resnick had a good point and added, "It sounds like from what I have heard, that this is a process,where if they wanted to,they could work with our Police or buy the meter themselves for a reasonable economic outlay and figure out what the law is." Deputy Mayor Resnick added, "Or something up front, especially this type of establishment that might be opening in the near future, we can stop it before it ever starts." Manager Smith then said, "Agreed. Will do." 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. RELATED TO ORDINANCE 2013-02, "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 11,2013 PAGE 14 OF 16 Mayor Lacey added, "Ordinance 2013-02 will move to Second Reading next time." Dr. MacDonald was thanked for his assistance and for attending tonight's City Commission meeting. 4 PUBLIC HEARINGS 501. Community Development Department-Planning Division 3 REQUEST: The Community Development Department - Planning Division requests that the City Commission hold a Public Hearing for the First Reading of Ordinance 2013-01,which proposes to administratively rezone 2.9 acres of property located on the west side of Winding Hollow Boulevard just south of State Road 434 from C-2 (General Commercial) to C-1 (Neighborhood Commercial). FISCAL IMPACT: The proposed administrative rezoning of the property from C-2 (General Commercial) to C-1 (Neighborhood Commercial) lays the groundwork for the development of 19,000 square feet of office space which will add non-residential taxable value to the City's tax roll. A detailed fiscal impact analysis will be performed for staff review and assessment. This analysis will be part of the agenda item for the City Commission's consideration of the final engineering and aesthetic review for the proposed project. 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. Both the Winding Hollow Homeowners Association (HOA) president and property owners within one hundred fifty (150) feet of the subject property have been notified by US mail. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Both staff and the Planning & Zoning Board recommend that the City Commission hold a Public Hearing for the First Reading of Ordinance 2013-01, which proposes to administratively rezone 2.9 acres of property located on the west side of Winding Hollow Boulevard just south of State Road 434 from C-2 (General Commercial) to C-1 (Neighborhood Commercial). "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. MAYOR LACEY REMARKED,"SECONDED BY COMMISSIONER BROWN." DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 11,2013 PAGE 15 OF 16 Attorney Garganese read Ordinance 2013-01 by"Title" and commented that"Second Reading is contingent upon(-77.'..':: the property actually changing hands. The City has been advised last week that the Developer's have acquired!' ;, this property." Mayor Lacey opened the "Public Input"portion of the Agenda Item. f.. Ms. Nancy Neimetschek, 366 Twelve Oaks Drive, Winter Springs, Florida: noted that she resided in Winding Hollow and commented on the appealing entrance into the Winding Hollow subdivision, especially the landscaping to include the Magnolia trees. Ms. Neimetschek hoped that when the City Commission considered I :•-. the Aesthetic Review that as many Magnolia trees and other landscaping"along the edge" is retained, and that the . look is maintained to help with the residents' property values. Commissioner Krebs mentioned to Ms.Neimetschek that she is welcome to contact her any time. Mr. Dave Weston, 727 Timberwilde Avenue, Winter Springs, Florida: remarked that he thought there were about 800 cars going in and out of the Winding Hollow subdivision each day; and commented on the proposed two (2) entrances and wondered if there could be an entrance from State Road 434. Mayor Lacey closed the "Public Input"portion of the Agenda Item. REGARDING ORDINANCE 2013-01, "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Mr. Drew Hawkins, 427 Woodcrest Street, Winter Springs, Florida: related to the recently discussed Moratorium on parking, Mr. Hawkins asked if it applied to driveways or the street. Mayor Lacey stated it was for the streets. Mr. Hawkins then offered his thanks to the City Commission for their assistance. Tape 1/Side B CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 11,2013 PAGE 16 OF 16 Mr. Joseph Bartley, 219 Springview Court, Winter Springs, Florida: commented on empty commercial sites and , wondered if this had been considered, rather than having new offices built. Mayor Lacey closed "Public Input". F Prior to the Adjournment, Mayor Lacey mentioned the upcoming Winter Springs Babe Ruth Opening Day Ceremonies and Commissioner Krebs, Commissioner Brown, and Deputy Mayor Resnick hoped Mayor Lacey could offer their apologies for not being able to attend the event. Mayor Lacey said he would convey the message. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:04 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the ,2013 City Commission Regular Meeting.