Loading...
HomeMy WebLinkAbout2013 01 28 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA o4 S lit 0 Incorporated • 1959 11 • •C OD V1IE'CC;J� CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JANUARY 28, 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-JANUARY 28,2013 PAGE 2 OF 27 CALL TO ORDER The Regular Meeting of Monday, January 28, 2013 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 Cade Resnick,present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Pam Carroll, present Commissioner Joanne M. Krebs present City Manager Kevin L. Smith,present City Attorney Anthony A.Garganese, present A moment of silence was held, followed by the Pledge of Allegiance. Brief discussion followed on the Agenda,which with no objections, Mayor Lacey stated, "It is adopted." 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 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-JANUARY 28,2013 PAGE 3 OF 27 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 Certificate of Achievement for Excellence in Financial Reporting for our Fiscal Year 2011 Comprehensive Annual Financial Report. (Related to Awards and Presentations Item 302) FISCAL IMPACT: The award program application fees for the Certificate of Excellence in Financial Reporting are$450. These fees are routinely budgeted in Finance and Administrative Services. The benefits of this award continue to contribute to the low capital cost of borrowing for 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. 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 102. Public Works Department- Stormwater Division REQUEST: The Public Works Department / Stormwater Division providing the City Commission information regarding the completion of the Fisher Road Pond Treatment Program. FISCAL IMPACT: This agenda item is for information only and has no 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, 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-JANUARY 28,2013 PAGE 4 OF 27 RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 103. Utility Department REQUEST: Utility Department Informing the City Commission on the Potable and Reclaimed Water Use for 2012. FISCAL IMPACT: Potable water and reclaimed water revenues were within budget for FY 2012. 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 MAYOR LACEY REMARKED, "SECONDED BY COMMISSIONER HOVEY." DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Public Works Department REQUEST: The Public Works Department requests the City Commission's authorization to approve Resolution 2013- 04 and enter into a Local Agency Program Agreement with the Florida Department of Transportation for design of a right-turn deceleration lane on S.R. 434 eastbound at Winding Hollow Boulevard CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 5 OF 27 FISCAL IMPACT: The project is entirely federally funded and has no fiscal 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. 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 approve Resolution 2013-04 and provide authorization for the City Manager to enter into a Local Agency Program Agreement with the Florida Department of Transportation for the 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. No discussion. CONSENT 201. Public Works Department REQUEST: The Public Works Department requests the City Commission's authorization to approve Resolution 2013- 05 and enter into a Local Agency Program Agreement with the Florida Department of Transportation for the design of Intersection Improvements at S.R. 434 and Tuskawilla Road (Market Square) FISCAL IMPACT: The project is entirely federally funded and has no fiscal 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. 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-JANUARY 28,2013 PAGE 6 OF 27 RECOMMENDATION: Staff recommends the Commission approve Resolution 2013-05 and provide authorization for the City Manager to enter into a Local Agency Program Agreement with the Florida Department of Transportation for design of Intersection Improvements at S.R.434 and Tuskawilla Road,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. Not Used CONSENT 203. Office of the City Attorney REQUEST: Pursuant to the requirements of the City Charter, the City Attorney requests the City Commission adopt Resolution 2013-03 formally establishing the 2013 Districting Commission and providing for the Districting Commission's scope of duties and other administrative duties of City Staff for purposes adjusting the City Commission Voting District boundaries in accordance with the time frames imposed by the City Charter. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Resolution other than staff and attorney time to prepare the Resolution and assist the Districting Commission complete its report. 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 recommend that the City Commission approve Resolution 2013-03. Brief discussion followed on Consent Agenda Item "203", to which Mayor Lacey noted, '203' had a typographical so when we get to approval of the Consent Agenda, if `203' could be modified in the Motion to substitute `Maurice' Kaprow for `Phil' Kaprow, I would appreciate that." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 7 OF 27 CONSENT 204. Community Development Department-Arbor Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve the request of Blake Roby to remove one (1) specimen live oak tree from his property at 646 Shady Lane. The resident is concerned with the proximity of the tree to the home. FISCAL IMPACT: If this request is approved,the applicant will pay a$25.00 arbor permit fee to the Arbor Fund (110). 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 approve the request of Mr. Blake to remove one (1) specimen live oak tree from 646 Shady Lane. Staff is recommending approval due to the proximity of the tree to the home and the potential for the tree to cause considerable damage to the structure. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5-8(b) of the Arbor Ordinance. This Agenda Item was not discussed. CONSENT 205. Public Works Department REQUEST: The Public Works Department requesting the City Commission validate the Staff recommendation finding the Amberly 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 and recording of the final plat. FISCAL IMPACT: There is no fiscal impact associated with this site acceptance. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 8 OF 27 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 Amberly sitework to be built in substantial accordance with the approved Final Engineering plans and accept the public infrastructure for ownership and maintenance, subject to: 1)completion of all open punchlist items as noted on Exhibit A prior to issuance of any Certificates of Occupancy; and 2) recording of the final plat. No discussion. CONSENT 206. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the Monday, January 14, 2013 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact to the approval of this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, 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, January 14, 2013 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 9 OF 27 "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY ADDED, "AND IF THERE IS NO OBJECTION - THE MOTION WOULD INCLUDE THE MODIFICATION OF `203'." COMMISSIONER CARROLL STATED, "FINE." COMMISSIONER BROWN WAS ALSO IN AGREEMENT. NO OBJECTIONS WERE VOICED. 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 City Manager REQUEST: Presentation of Employee Service Awards to City of Winter Springs Employees. Accompanied by Mayor Lacey and the City Commission, City Manager Kevin L. Smith introduced this Agenda Item and presented Employee Service Awards to the following City of Winter Springs' Employees that were in attendance: 5 Years of Service: Mr. Christopher Wall, Information Services Department; Ms. Christina Garred, Community Development Department; Ms. Christine De Vittorio, Finance and Administrative Services Department; Ms. Sherry Norman, Parks and Recreation Department; Ms. Marjorie Descoteaux, Police Department; Mr. Richard McLaren, Police Department; Mr. Wayne Wagner, Police Department;Mr. Jeffrey Kretschmer, Utility Department; and Mr. Jamie Strother, Public Works Department. 10 Years of Service: Ms.Michelle Angeloff, Police Department; and Ms. Kristina Hooper, Police Department. 15 Years of Service: Ms. Michele Kelly, Community Development Department; Mr. Brad Dula, Police Department; and Mr. Jason Simpkins, Utility Department. 20 Years of Service: Mr. Scott Coffman, Utility Department. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 10 OF 27 25 Years of Service: Ms. Joanne Dalka, Information Services Department; and Mr. Forrest Askew, Utility Department. AWARDS AND PRESENTATIONS 301. Office of the City Manager and Office of the Parks and Recreation Department Director REQUEST: Presenting to the Mayor and City Commission the Parks and Recreation Department "Employee of the Month"; and the Parks and Recreation Department "Employee of the Year" winners. Mr. Chris Caldwell, Director, Parks and Recreation Department gave some background information on this Award and then announced that Mr. Vernon Prawl had been voted as the "Employee of the Year" for the Parks and Recreation Department. AWARDS AND PRESENTATIONS 302. Office of the City Manager REQUEST: The Finance Department and the City Manager are pleased to announce that the City of Winter Springs has received the Certificate of Achievement for Excellence in Financial Reporting for our Fiscal Year 2011 Comprehensive Annual Financial Report. (Related to Information Item 101) Mr. Shawn Boyle, Director, Finance and Administrative Services Department noted, "This year, as fourteen (14) years prior to this, we have achieved the Certificate of Achievement for Excellence in Financial Reporting, better known and affectionately known as your `CAFR' - it is your Annual Financial Report; and again, I just want to point out some folks that are behind the scenes that put a great deal of due diligence into this." Mr. Boyle then recognized from the Finance and Administrative Services Department: Ms. Zoila Delgado, Senior Accountant; Ms. Roseann Prickel, Accountant; Ms. Iris Freeman, Revenue Officer; and Ms. Donna Bruno, City Controller. REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report was given. REPORTS 401. Office Of The City Manager—Kevin L. Smith No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 11 OF 27 REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC City Clerk Andrea Lorenzo-Luaces asked if the Mayor and City Commission were interested in getting information on having a Board and Committee Appreciation event for 2013. Commissioner Joanne M. Krebs stated, "Whenever you can." Mayor Lacey stated, "Just bring us some suggestions back to us." REPORTS 403. Office Of Commissioner Seat Two-The Honorable Rick Brown Commissioner Rick Brown noted the many accomplishments and assistance that Mr. Arnie Nussbaum has done for the City and said, "I have actually asked Kevin (Smith, City Manager) to draw up a Proclamation naming Arnie (Nussbaum) the honorary host of Winter Springs for all of his `MC' work that he does and all the engagement that he has with the City, so I have asked Kevin (Smith)to bring something back next week that we can review and hopefully present to him at that time, if there is not any objection from the dais." Mayor Lacey stated, "None." Commissioner Pam Carroll added, "Absolutely no objection." No objections were voiced. Commissioner Krebs added, "Commissioner Brown, that is excellent. I totally agree with you, but I think something — more, I think we should give him the `Key to the City'. I think he deserves it." Commissioner Brown remarked, "I think he does too." Mayor Lacey stated, "Agreed." Commissioner Brown said to City Clerk Lorenzo-Luaces, "If we do it at the next meeting, would you make sure that he is invited." City Clerk Lorenzo-Luaces noted that she would do this. Next, Commissioner Brown mentioned a letter from Mr. Drew Hawkins and a parking issue of concern, to which Commissioner Brown stated, "Which seems to be an ongoing issue in the City. And we continue to go down the path I believe of functioning as an HOA(Homeowner's Association) instead of a municipal government when we put ourselves in positions of having to enforce things like parking Ordinances, where there aren't any good alternatives for some of the folks that live in our City. Their driveways are too short, they block the sidewalk if they park in the driveway, they can't park on the street because the neighbors complain constantly, and I think it is time that we really determine what it is that City government is supposed to be doing, and what we should be doing and start ticking down the list of things that don't belong in the municipal government purview of responsibility. Parking, I think is definitely one. I think unless it is a life/safety where parking on both sides of the street would cause an emergency vehicle not to be able to come down the road, that we really ought to look at not worrying about that and taking that off the books right. In that kind of case,we can make it parking just on one(1)side of the road." Continuing, Commissioner Brown mentioned that this does not affect property values and it is"Not the City's job to ensure property values for their citizens when it comes to parking. Right? That is just not something the City should be doing. In my mind, it goes hand in hand with what I think is one of the most ridiculous legislations we have ever passed which is the Compatibility Ordinance where we in fact became an HOA (Homeowner's Association) for the entire City. So, I would like to see us start going down the list and getting some of these things off our plates that don't belong as part of what we do as a City government. There are really two(2)things we should be doing-providing basic services and providing for life/safety services." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 12 OF 27 Commissioner Brown then said, "I really think we should be pushing some of this back out to HOA's (Homeowner's Associations), community organizations and not be in that kind of business. So, I would like to see the City Manager come back with maybe some ideas from Staff or some discussion from Staff." Mayor Lacey mentioned that with the latest letters, he spoke with Captain Chris Deisler, Police Department about his perspective and noted, "I left it with him that if you have some recommendations to make, I think the City Commission should hear what the Police think about this and make some recommendations to us if needed." Commissioner Krebs mentioned that parking on the street in Oak Forest is permitted, and noted, "So now we have parts of the City that can, parts of the City that cannot. We also have those that have been in the City for a very long time who for whatever reason believe that it was okay to park in the street as long as you had two(2)wheels up on the grass." Continuing, Commissioner Krebs mentioned gated communities,that this City has changed over time, and added, "It is an issue and I think by the way- I think we need a Workshop on it because I don't think you are going to get this settled in just a little discussion on an item." Commissioner Carroll mentioned a parking Survey that had been done a few years ago and pointed out, "That is when specific areas were designated as being allowed to park because the neighborhoods wanted it there and it was deemed safe." Commissioner Carroll added, "I do think a Workshop is warranted, and we also want to look back at the results and what went into that previous study — what were the comments, what were the concerns, what were the results." Deputy Mayor Cade Resnick commented, "I will concur with a Workshop on this absolutely, and my biggest concern is the safety issue and I think Commissioner Brown, that is what you are referencing, that there is a concern, and so as long as we can focus on that if that is an issue, sure." Commissioner Brown again noted that he recalled the Survey and said, "I think the real issue is, is it the job of the City to be an HOA (Homeowner's Association)?" With further comments on Ordinance and Regulations and the time and costs such involve, Commissioner Brown noted, "A Workshop is fine." Mayor Lacey commented that they were close to giving direction to the City Manager to put together a Workshop and asked the City Commission, "Is there objection to giving that direction to the Manager?" Hearing no objections,Mayor Lacey stated, "We have unanimous consent and ask you to bring back a Workshop." Next, Mayor Lacey asked Manager Smith what kind of a time frame he might have in mind for a Workshop, to which Manager Smith responded, "I'd respectfully ask to be able to converse with the Police Department before I can best answer that question so, certainly we will move post haste." Lastly, Commissioner Brown offered "A big thank you and congratulations to all of Staff and the Police Department and Parks and Rec[reation] that were involved in the Highland Games" Commissioner Brown further commented on the huge crowds, and the amount of beverages that sold during that event. Mr. Caldwell was thanked for taking care of the good weather. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 13 OF 27 REPORTS 404. Office Of Commissioner Seat Three-The Honorable Pam Carroll Commissioner Carroll also thanked everyone for the great job with the Scottish Highland Games event and commented on how well the Winter Springs Police Department handled some particular situations. Next, Commissioner Carroll mentioned she had recently attended a recent Elected Officials Seminar and how proud she was of the City's professionalism and efforts,then said, "I gave kudos to our City above and beyond all of the other participants." REPORTS 405. Office Of Commissioner Seat Four/Deputy Mayor-The Honorable Cade Resnick Deputy Mayor Resnick also noted that he thought that the Scottish Highland Games were an "Amazing event" and added, "Thank you to everybody- Parks and the Police Department." REPORTS 406. Office Of Commissioner Seat Five-The Honorable Joanne M.Krebs Commissioner Krebs offered her thanks. REPORTS 407. Office of the Mayor—The Honorable Charles Lacey Mayor Lacey mentioned a recent Mayors and Managers Group meeting and that Florida Senator David Simmons had skyped in to their meeting and that discussions included pertinent Pension issues as Senator Simmons sits on a Senate Committee that is reviewing such matters. Mayor Lacey mentioned that he was keeping involved in this issue. Secondly, Mayor Lacey noted that he attended the PSFPC (Public Schools Facilities Planning Committee) meeting with Seminole County Public Schools and commented that the Interlocal we entered into a few years ago was being rewritten, and added, "One of the hot topics at this meeting was whether Developers needed to also go to the Seminole County Public Schools Board to review their projects in lieu of having Capacity Agreements and Concurrency and I think we're coming around to the point of view that the cities or in unincorporated areas, the County is the better gatekeeper for judging that growth, and then we would transmit to the schools, what our best estimate of that Concurrency is." Concluding his Report, Mayor Lacey stated, "Kudos to Parks, to Police, to the Scottish American Society - tremendous weekend." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 14 OF 27 REPORTS 408. Office Of Commissioner Seat One-The Honorable Jean Hovey Commissioner Jean Hovey mentioned that she also agreed with Commissioner Brown on the parking issue and that many emails she receives are related to this. Commissioner Hovey added, "When we decide what we are going to do,we should educate the community and let them know what is going on." Commissioner Hovey asked Manager Smith about the status of the pending Noise Report and when would the City Commission receive the Report. Manager Smith responded, "Next meeting." PUBLIC INPUT Mr. Drew Hawkins, 427 Woodcrest Street, Winter Springs, Florida: thanked the City Commission for their assistance and commented on parking issues he has had and the additional complications he has run into. Mr. Bill Dehlinger, 1601 Tiverton Street, Winter Springs, Florida: advised the Mayor and City Commission that he was interested in serving on the MetroPlan Orlando Citizens Advisory Committee, to fill the vacancy that had been discussed during the last City Commission Regular Meeting. Discussion followed on whether the City used a Board and Committee Application for such openings. Mr. Brian Fields, P.E., City Engineer, Public Works Department stated that in the past, Staff has typically just sent a letter from our Mayor to the MetroPlan Orlando organization with information on any applicable new Appointments. Commissioner Hovey suggested that the interested Applicant fill out the Board and Committee Application because it would give us information about him." Commissioner Krebs agreed and said that she thought it was a good idea. Mayor Lacey also agreed. No objections were voiced. Mr. Dehlinger then stated, "I'd be happy to use that form; whatever makes it convenient for you." Commissioner Hovey and Mayor Lacey suggested that Mr. Dehlinger contact the City Clerk and Mr. Dehlinger agreed to. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing for second reading and adoption of Ordinance 2012-19, a Small-Scale Future Land Use Map Amendment which proposes to change the Future Land Use Map designation for an 8.29 acre parcel, located on the north side of State Road 434, approximately 582-feet west of the intersection of DeLeon Street and State Road 434 from "Commercial", "Conservation" and "Conservation Overlay" to "Low Density Residential","Conservation" and "Conservation Overlay". CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JANUARY 28,2013 PAGE 15 OF 27 FISCAL IMPACT: The proposed Small-Scale future land use amendment which re-designates the property from "Commercial", "Conservation" and "Conservation Overlay" to "Low Density Residential", "Conservation"and "Conservation Overlay" poses a risk for the potential loss of commercial taxable value for the City. The development of the property into a single-family residential subdivision will provide additional taxable value to the City. The property is not conducive to commercial development as a majority of the property is comprised of wetlands or Conservation Easements. The proposed use represents the highest and best use of the subject property. 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. Additionally,the applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Homeowners Association. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve second reading and adoption of Ordinance 2012-19, a Small-Scale Future Land Use Map Amendment which changes the Future Land Use Map designation for an 8.29 acre parcel located on the north side of State Road 434, approximately 582-feet west of the intersection of DeLeon Street and State Road 434 from "Commercial", "Conservation" and "Conservation Overlay" to "Low Density Residential", "Conservation" and "Conservation Overlay". Attorney Garganese read Ordinance 2012-19 by "Title" and added, "It is a legislative matter because it is a Comprehensive Plan Amendment." Mr. Bobby Howell, AICP, Planner, Community Development Department briefly addressed the Mayor and City Commission and pointed out, "Since the First Reading, nothing has changed." Mayor Lacey opened the "Public Input"portion of the Agenda Item. Mr. Donald Peterson, 3585 Canal Street, Oviedo, Florida: spoke for the Record on behalf of the Black Hammock Association and the Black Hammock Preservation and Historical Foundation and remarked, "Although we're not opposing the project as it is", Mr. Peterson mentioned that they thought some questions still needed to be answered in regards to the rural boundary; and that consideration should be reviewed before Approval is given; and Mr. Peterson also spoke of their concern with Florida Avenue. Ms. Cynthia Rook, 1740 DeLeon Street, Winter Springs, Florida.: addressed the City Commission on her property. Tape 1/Side A CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 16 OF 27 Continuing, Ms. Rook mentioned that she did not think her property was noted as it pertains to this issue and Agenda Item. Ms. Rook's property was referenced, to which Ms. Rook noted her concern with where run-off's would go and that her property could be affected by such a situation. Ms. Misty Steinebronn, 1550 Wescott Loop, Winter Springs, Florida.: as a resident of Barrington Estates, Ms. Steinebronn commented on the proposed project and noted that part of the land in this proposed project backs up to her property, that part of the property is a palm tree farm; and that some of her land is very wooded with some heritage type trees and asked if the heritage trees on the property had been considered. Continuing, Ms. Steinebronn referenced the Eagle Protection Act, noted that there is a pair of eagles nested on the cell tower on Cress Run and inquired if the Developer had consider this. Ms. Steinebronn also wondered how property values would not be affected by this proposed project and would there be an adverse effect on schools and possible rezoning. Mayor Lacey closed the "Public Input"portion of the Agenda Item. Mr. Dwight Saathoff, First Mover Finance and Development LLC, 5535 Osprey Isle Lane, Orlando, Florida: as the Developer, Mr. Saathoff commented of the process of how this proposed project has developed; complimented the City on working with City Staff and also the City of Oviedo; that such data was in Staff's Report. Furthermore, Mr. Saathoff said that the eagles were way out of the protection zone; mentioned many studies that he has had performed,and contacts he has had with neighboring Homeowner's Association representatives related to this project. Discussion. Commissioner Krebs thought that Mr. Saathoff could "Find out if the eagle nest is in an area that is going to be affected"and then let others know what is happening so that any related studies could be updated. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department referred to Ms. Rook's property on the map and stated that he did not venture on to her property as there was a fence; and noted that the Public Hearings signage was on the property since October, and all the different people they had contacted in regards to this project. Commissioner Krebs commented on Ms. Rook's concerns related to a possible change to the topography of the land and possible run-offs. Mr. Stevenson added, "As Dwight (Saathoff) inferred a little bit, we'll have to take a look at the drainage." With further comments on the process related to Ms. Rook's concerns, Commissioner Krebs asked Mr. Stevenson to contact Ms. Rook as Staff gets closer and to keep her informed. Mr. Stevenson responded, "Absolutely. Much to the way we've done with Mr. Peterson,we'd be glad to make sure she is aware of any meeting we have." Additionally, Mr. Saathoff stated, "I absolutely would not want to do anything — I wouldn't want to flood the lady, so please do get on the list Ma'am." Deputy Mayor Resnick mentioned a letter the City received from the St. Johns River Water Management District and suggested that such updates be shared with the residents to keep them informed. To the question from Ms. Steinebronn, Deputy Mayor Resnick mentioned that Mr. George Kosmac with Seminole County Public Schools could help answer her questions related to schools and any rezoning and suggested Ms. Steinebronn contact Mr. Kosmac. Mr. Saathoff added, "Your processes as with Oviedo, required us to get a letter from the school district saying that they had capacity for the children that would—eventually come from these houses." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 17 OF 27 Commissioner Hovey asked about Ms. Steinebronn's reference to a conservation area, to which Mr. Stevenson pointed out that, "Portions of the property have a Conservation Easement over them and the preliminary plans we're looking at preserve that large wetland; so, this is again, one of those things we'll take into account as we — progress along the final design of this property; but a large part of this parcel here, up and into here, is still wetland, and it will remain as such." Pointing to a plan, Mr. Saathoff remarked, "If you see the row of lots, on the west, Barrington Estates, more or less- it's the top four(4) or five (5)or six(6) lots -up in that area,that are adjacent to our development. The rest are adjacent to existing wetlands which we're not touching." Commissioner Brown asked Mr. Stevenson what questions Mr. Peterson might still have and when will his questions be answered, and specifically inquired, "Will he have an understanding of what is going on and a full understanding of what is happening prior to us moving forward?" Mr. Stevenson responded by saying, "As we said last time, we're going to involve him in any meetings that we have here and one of the next things, if this moves forward is we start taking a look at preliminary plans, preliminary engineering, concepts. We will have him involved intimately on that so he knows where the roads are, where the lots are, where the retention ponds are, where the conservation area is, how they get in off of DeLeon (Street) — although that is currently controlled by the City of Oviedo, we're going to bring him forward with the whole plan." Commissioner Brown spoke of his concern with making sure that their Black Hammock neighbors are involved and informed. Mr. Stevenson then remarked, "We have a number of meetings and we'll make sure he has invitations to each and every one—and Ms. Rook, and anyone else who wants them." Further comments followed. "I WILL MAKE A MOTION TO APPROVE ORDINANCE 2012-19 AS IT IS STATED." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a public hearing for the second reading and adoption of Ordinance 2012-20,which proposes to rezone a 8.29 acre parcel located on the north side of State Road 434, approximately 582-feet west of the intersection of DeLeon Street and State Road 434 from C-1 (Neighborhood Commercial) to R-IA (One-family dwelling district). CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 18 OF 27 FISCAL IMPACT: The proposed rezoning of the property from C-1 (Neighborhood Commercial) to R-1A (One-family dwelling district) poses a risk to the City for the potential loss of commercial taxable value. The development of the property into a single-family residential subdivision will provide additional taxable value to the City. The property is not conducive to commercial development as a majority of the property is comprised of wetlands or Conservation Easements. The proposed use reepresents the highest and best use of the subject property. 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. Additionally, the applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. RECOMMENDATION: Staff and the Planning& Zoning Board recommend that the City Commission approve second reading and adoption of Ordinance 2012-20,which proposes to rezone an 8.29 acre parcel located on the north side of State Road 434,approximately 582-feet west of the intersection of DeLeon Street and State Road 434 from C-1 (Neighborhood Commercial)to R-1A(One-family dwelling district). Attorney Garganese read Ordinance 2012-20 by"Title" and noted the Ordinance was "Quasi-Judicial in nature." Mayor Lacey opened the "Public Input"portion of the Agenda Item. Mr. Donald Peterson, 3585 Canal Street, Oviedo, Florida: mentioned some "high and dry" on the Toledo property which might work with his idea on bringing Florida Avenue through, and thought his idea should be considered. Mr. Peterson also noted that part of DeLeon Street used to intersect with State Road 434 and suggested "That piece of DeLeon (Street) that used to run into (State Road) 434 needs to be reopened and have that go one(1)way into the Black Hammock". Mr. Peterson then mentioned traffic in the area. Deputy Mayor Resnick asked Mr. Fields about the viability of this suggestion. Mr. Fields referenced a meeting earlier today with other agencies and said, "From the City of Winter Springs' standpoint, our recommendation is to continue Florida Avenue to save one (1) intersection with the existing street into the property, if that's feasible. Having said that, DeLeon.(Street) is a County road, that portion of the subdivision is in the City of Oviedo— it's really an issue that is outside of our review. The extension of DeLeon (Street) to (State Road) 434 again, is a County road connection with a State road that we can look at, and offer recommendation outside of our jurisdiction. We would have no objection if Florida Avenue, if it were feasible to connect to (State Road) 434, if that were something that the State would approve a driveway connection, would authorize it. I think it would improve the situation." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 19 OF 27 Further comments. Deputy Mayor Resnick and Commissioner Brown commented on the amount of time it could take to get such a change made,with consideration of the different agencies that have jurisdiction over such suggested changes. Discussion followed on concerns with traffic issues, State funds that might be available, and eagles. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "I WILL MAKE THE MOTION TO APPROVE ORDINANCE 2012-20." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing for the Second Reading and Adoption of Ordinance 2012-21, a Large-Scale Future Land Use Map Amendment,Expedited State Review (ESR 13-1),which proposes to change the Future Land Use Map designation from "Rural Residential" and "Conservation Overlay" to "Low Density Residential"and "Conservation Overlay" for approximately 19.1 acres, located on the north side of State Road 434,west of the intersection of DeLeon Street and Cress Run. FISCAL IMPACT: The proposed Large-Scale future land use amendment which re-designates the property from "Rural Residential" and "Conservation Overlay" to "Low Density Residential" and "Conservation Overlay" allows the subject property to be developed into a single-family residential subdivision. Development of the subject property will provide an increase to the City's taxable property value. 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-JANUARY 28,2013 PAGE 20 OF 27 Additionally,the applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Homeowners Association. RECOMMENDATION: Staff recommends the City Commission hold a public hearing for Second Reading and Adoption of Ordinance 2012-21,a Large-Scale Future Land Use Map Amendment,Expedited State Review(13-1 ESR), which proposes to change the Future Land Use Map designation from "Rural Residential" and "Conservation Overlay"to "Low Density Residential" and "Conservation Overlay" for approximately 19.1 acres,located on the north side of State Road 434,west of the intersection of DeLeon Street and Cress Run. In addition, staff recommends the Ordinance be submitted to the Florida Department of Economic Opportunity for adoption as required by Florida Statute 163.3184(3) Expedited State Review Amendment Process. Attorney Garganese read Ordinance 2012-21 by "Title" and remarked that this is also "Legislative in nature because it is a Comprehensive Plan Amendment." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE" (ORDINANCE 2012-21). MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR RESNICK.DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a public hearing for the second reading and adoption of Ordinance 2012-22,which proposes to rezone a 19.1 acre parcel located on the north side of State Road 434,west of the intersection of DeLeon Street and Cress Run from R-C1 (Single-family dwelling district)to R-1A(One-family dwelling district). FISCAL IMPACT: The proposed rezoning of the property from R-C1 (Single-family dwelling district) to R-1A (One-family dwelling district) allows the subject property to be developed into a single-family residential subdivision. Development of the subject property is anticipated to provide an increase to the City's taxable value. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 21 OF 27 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. Additionally,the applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve second reading and adoption of Ordinance 2012-22, which proposes to rezone a 19.1 acre parcel located on the north side of State Road 434, west of the intersection of DeLeon Street and State Road 434 from R-C1 (Single-family dwelling district)to R-1A (One-family dwelling district). Attorney Garganese read Ordinance 2012-22 by"Title"only. Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE" (ORDINANCE 2012-22). MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER CARROLL.DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department-Planning Division REQUEST: The Community Development Department-Planning Division requests the City Commission hold a public hearing for property located at 749 N. Gretna Court,for approval of a waiver to Section 20-353 (e)(2) (c)of the City Code, to permit a rear setback encroachment from 25-feet to 10-feet in The Highlands, Section 4 PUD (Planned Unit Development) for an existing room addition. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JANUARY 28,2013 PAGE 22 OF 27 FISCAL IMPACT: The approval of the Waiver will not impose any negative fiscal impacts 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. 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 and the Planning & Zoning Board recommend the City Commission approve a waiver to Section 20- 353 (e)(2) (c) of the City Code to allow a rear setback encroachment from 25-feet to 10-feet in The Highlands PUD (Planned Unit Development)zoning district for an existing room addition since: • The property owner did not initiate the violation. • The property owner is seeking to remedy a structural deficiency on a portion of the home and is not proposing any expansion. • The HOA and surrounding property owners support the request. Mr. Bobby Howell, AICP, Planner, Community Development Department presented this Agenda Item including some background information. 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 KREBS. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. Tape 2/Side A CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 23 OF 27 REGULAR AGENDA REGULAR 600. Office of the City Manager REQUEST: City Manager requesting the Commission consider and provide direction on renewal of its Trustee Membership Agreement with the Oviedo-Winter Springs Regional Chamber of Commerce. FISCAL IMPACT: Chamber Trustee Membership dues are $5,000 per calendar year. Funds were appropriated in the current(FY 2013) budget for this purpose. 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 Manager recommends the Commission provide direction on the renewal of its Trustee Membership with the Oviedo-Winter Springs Regional Chamber of Commerce. If the Commission desires to renew its Trustee Membership, the City Manager recommends the Commission effect said renewal by authorizing the Mayor to execute the attached Economic Development Grant (Trustee) Agreement (Renewal) with the Oviedo-Winter Springs Regional Chamber of Commerce for Calendar Year 2013-2015. Mr. Tom Peppler, Chair of the Board of Directors of the Oviedo-Winter Springs Regional Chamber of Commerce: addressed the City Commission and stated, "The Chamber is committed to Economic Development in this region encompassing both cities. We're dedicated to the business. We've doubled the membership for Winter Springs businesses in the last two (2) years and the City has been a Trustee for as long as we have been Oviedo-Winter Springs Regional Chamber of Commerce and we've had the Trusteeship; so, we'd ask that you all purchase a Trusteeship again so we can continue to show both cities as Trustees of our Chamber." Related to the increased amount of Winter Springs businesses that have joined the Oviedo-Winter Springs Regional Chamber of Commerce, Mr. Peppler stated, "It went from forty(40)to eighty(80)." Discussion followed on benefits from being an Oviedo-Winter Springs Regional Chamber of Commerce Trustee member,and supporting the region. Commissioner Carroll commented on concerns with the placement of Vendors at the "Winter Springs' Festival of the Arts"to which Mr. Peppler agreed and added, "They should have been spread out more; and that's a logistical matter that's going to be addressed in the future, and it was brought to my attention and we regretted that it happened;but that won't be a problem in the future." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 24 OF 27 Furthermore, Commissioner Carroll asked how many Oviedo-Winter Springs Regional Chamber of Commerce Trustees there are and how many members from a Trustee could attend the monthly luncheons. With additional comments, Mr. Peppler summarized, "Our position is that you're buying twenty-four (24) luncheons." Further comments ensued on how such wording was drafted previously in terms of the number of attendants at the monthly luncheons or at a "State of the Cities" Oviedo-Winter Springs Regional Chamber of Commerce luncheon. Commissioner Carroll mentioned that there seem to be more volunteers from the City of Oviedo on the Oviedo- Winter Springs Regional Chamber of Commerce's Committees and asked how they planned to "Reach out to Winter Springs businesses who may not know - they could volunteer to serve on a Committee and I think I suggested to you, maybe a letter from the Chamber reaching out to them." Mr. Peppler explained they do try to recruit new members and noted that they"Have a dedicated person recruiting members, and he's actively recruiting within the City of Winter Springs to bring more members in and we're trying to do that." Mr. Peppler added, "That's always our goal and it's going to be our goal going forward. Indeed, one of the things that we're changing in the Chamber this year is we're restructuring our committee system to have a Committee that we'll call an Economic Development Committee as opposed to either a marketing or a Business Development Committee. We haven't decided how we're going to restructure it exactly but there is going to be an Economic Development Committee that we hope to have both your Economic Development Advisor that you just recently hired, Mr. Brian Walters - and Mr. Jones from the City of Oviedo to be Ex-Officio Members so that when either City has something going on in the way of trying to attract business into the area, that we will have a formal structure to assist in whichever way we might be able to, whether that's a large assistance or a small assistance, to assist in these types of endeavors. So,that's our plan,that's what we're doing." Commissioner Carroll asked about how many Winter Springs' residents were serving on their Committees. Mr. Cory Skeates, Executive Director, Oviedo-Winter Springs Regional Chamber of Commerce, 1511 East State Road 434, Winter Springs, Florida: addressed this inquiry and stated "It's probably a fairly low number but it's tough to tell." Continuing, Mr. Skeates commented on their efforts to get more committee involvement and remarked, "Paul Taylor who is our Membership salesperson - I've actively solicited that he go to Winter Springs specifically, especially on the west end of Winter Springs where there are a lot of businesses there that haven't felt like they've been involved, and haven't felt like they've been reached out to by the Chamber, so he's been actively working that end of town to try to bring some in." Further comments followed on Winter Springs' events not always being mentioned in the Oviedo-Winter Springs Regional Chamber of Commerce newsletter. Mr. Peppler explained, "We don't have a higher financial interest in the City of Oviedo than the City of Winter Springs." Furthermore, Mr. Peppler noted, "Four (4) events that the Chamber makes money on — the `Taste of Oviedo' which is our largest event because it is the oldest event; the `[Winter Springs'] Festival of the Arts', which was designed specifically as a counter family event to the `Taste of Oviedo' and it's growing, and we're committed to keep it growing. We have a `Golf Tournament' every year that hasn't been in the same golf course any two (2) consecutive years and goes all over the area, and just very recently, we've entered into a partnership with the Mall for a Central Florida Barbeque Blowout." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 25 OF 27 Mr. Peppier then mentioned that the City of Oviedo has been very pro-active in trying to get the Oviedo-Winter Springs Regional Chamber of Commerce involved and remarked, "If Winter Springs does that to us, we will certainly do that; we want to do that but we can only do so much." Further discussion ensued on events, flyers, and involvement. Deputy Mayor Resnick said he would continue to try to be involved and suggested that Staff might also need to participate more. Commissioner Krebs mentioned a previous three (3) year commitment for fifteen thousand dollars ($15,000.00) and a former comment from Mr. Paul Partyka who asked the City of Winter Springs to let the Oviedo-Winter Springs Regional Chamber of Commerce play the role of Winter Springs' Economic Development arm. Commissioner Krebs further suggested that the Oviedo-Winter Springs Regional Chamber of Commerce should also take some responsibility and that they could always periodically come before the City Commission at any of their twice monthly City Commission meetings. Discussion ensued on whether Economic Development funds were available. Mr. Peppier clarified, "Our standard Trustee Agreement is a one(1)year,five thousand dollar($5,000.00)Trustee Agreement." Continuing, Mr. Peppier said to Commissioner Krebs, "Everything you say is a valid criticism in the sense that we need to take that back and address those issues to make this go forward. As the Chairman of the Board this year, my emphasis is to increase our involvement in Economic Development, and to address the issues that Pam (Carroll) raised with me in our phone conversation which is very similar to what you're talking about; and I told her, and I'll tell you that you can pick the phone up and call my office at any time, if there is a problem in the coming year, and as the Chairman,I will address it and it's my goal to do that." Furthermore, related to previous discussion and comments from Mr. Partyka in the past, Mr. Peppier noted, "We were smaller then, we're bigger now. That's still our goal; but it's just not to be your Economic Development Agency but our efforts should be parallel and to the extent that we're able to, I want to be able to assist you." Discussion followed on a Trustee membership, the City of Oviedo, the renewal, and involving businesses in Winter Springs with the Oviedo-Winter Springs Regional Chamber of Commerce, and Commissioner Brown mentioned that they don't see representatives from the Oviedo-Winter Springs Regional Chamber of Commerce except on few occasions. Mr. Peppier said, "That is one of my specific goals as Chair this year is when I realized that we had both cities with dedicated people in this area, Cory (Skeates) and I both talked about this, about restructuring to have a Committee that does what it's been doing but is working with both cities in this area. I think it's wrong to say we're going to be your Economic Development arm, but we should be your ally." Deputy Mayor Resnick asked what the City's preference for contact with the Oviedo-Winter Springs Regional Chamber of Commerce, and Mayor Lacey mentioned that Mr. Walters was already in touch with the Oviedo- Winter Springs Regional Chamber of Commerce. Deputy Mayor Resnick said to Mr. Skeates, "Is that your preference as well, as a Chamber,to communicate with Staff directly?" Mr. Skeates responded, "I think so. I think with a lot of the events there's no need to bother the Commission with —a lot of the day-to-day things that I can communicate with Brian(Walters) or Chris (Caldwell) or anybody over at Parks." Mr. Peppier noted, "Unless you all would prefer that we come and make regular reports, we have no problems with that. I think our absence has not been because we didn't care, it was because we thought that we were making adequate contacts elsewhere. We'd be delighted to come here on a regular basis -or have one of our representatives on the Government Affairs Committee or somebody to either make reports or just report back." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 28,2013 PAGE 26 OF 27 Discussion followed on who represents the Oviedo-Winter Springs Regional Chamber of Commerce's Government Affairs Committee, and related to a timeline for updates from the Oviedo-Winter Springs Regional Chamber of Commerce, Deputy Mayor Resnick suggested monthly updates. Mayor Lacey suggested, `Bi- monthly or quarterly." Commissioner Krebs said, "Quarterly." Mr. Peppler then responded, "At your pleasure. Like I said, we want to be allies in this area and we want to cooperate and we want to address these issues that you've raised." Commissioner Carroll suggested that Mr. Taylor with the Oviedo-Winter Springs Regional Chamber of Commerce could specifically reach out via a letter on Oviedo-Winter Springs Regional Chamber of Commerce letterhead, and send such letters to businesses in Winter Springs and ask if they would like to volunteer to serve on some of the Committees affiliated with the Oviedo-Winter Springs Regional Chamber of Commerce. Discussion followed on the proposed contract and Mr. Peppler clarifued, "There is a one (1) year, five thousand dollar($5,000.00)Trusteeship—that is what we're seeking, nothing more, nothing less." Manager Smith mentioned that "The purpose of the draft three (3) year agreement in front of you all was just a starting point for conversation. As Commissioner Krebs indicated earlier, that was what you all had agreed to three (3) years ago and there was an Economic Development component at the Chamber's request. The most important thing from the Staff perspective is that there are some certain things that need to be memorialized in writing,be it an agreement, or just a simple one(1)page letter Agreement." "I WILL MAKE THE MOTION THAT WE ACCEPT AND APPROVE THE TRUSTEE MEMBERSHIP WITH THE CHAMBERS, SUBJECT TO THE MEMORIALIZATION AND DOCUMENTATION REQUIRED BY THE CITY MANAGER AND THE CITY ATTORNEY." MOTION BY COMMISSIONER BROWN. COMMISSIONER HOVEY ASKED, "IS THAT FOR ONE (1) YEAR?" COMMISSIONER BROWN STATED,"ONE (1)YEAR." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED THE MOTION AS "TO APPROVE, SUBJECT TO A LEGAL CODIFICATION, MEMORIALIZATION OF THE TERMS WE HAVE DISCUSSED FOR A ONE (1) YEAR TRUSTEE ARRANGEMENT AT FIVE THOUSAND DOLLARS ($5,000.00)PER YEAR." VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC INPUT No one addressed the Mayor and City Commission at this time. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JANUARY 28,2013 PAGE 27 OF 27 Commissioner Hovey remarked, "I had asked Kevin (Smith) if Brian (Walters, Director, Economic Development Department)could give us an update at our next meeting, on what he has been doing and what has been going on in the Economic Development Department of Winter Springs." No objections were voiced. Commissioner Hovey added, "We are looking forward to it Brian (Walters)." Mayor Lacey noted, "So, that will be in two (2) weeks." ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:19 p.m. RESPECTFULLY SUBMITTED. A 'VW LO'+ 0-LUACES, MMC ' LERK APPROVED: jf / J ' EY NOTE: These Minutes were approved at the February 11,2013 City Commission Regular Meeting.