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HomeMy WebLinkAbout_2012 11 19 City Commission Special Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA NSTE f * � Incorporated ' 1959 ' ' Goo wF - lap CITY COMMISSION MINUTES SPECIAL MEETING MONDAY, NOVEMBEB 19, 2012 CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Joanne M. Krebs - Seat Five Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Pam. Carroll - Seat Three Commissioner Cade Resnick - Seat Four CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 2 OF 35 CALL TO ORDER The Special Regular Meeting of Monday, November 19, 2012 of the City Commission was called to Order by Mayor Charles Lacey at 5:19 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 Joanne M. Krebs present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Pam Carroll, present Commissioner Cade Resnick, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo-Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. Mayor Lacey stated, "Let me just note for the benefit of the public — that we have got several items that were advertised to be heard at this meeting, that will in fact not be heard. If you are here for the ICI (Intervest Condominium of Orlando Incorporated) matter which is the property on (State Road) 434 just north of Creeks Run Way, that is going to be put off to an indefinite time and items '502', ['50]3', ['50]4', and ['50]5', all related to the property on the very far eastern edge of the city border of (State Road) 434 — those four (4) items are going to be put off to a date certain of the next meeting on December I Ot', (2012)." AGENDA NOTE: INFORMATIONAL AGENDA ITEMS "101" AND '1102" WERE HANDLED AND THEN VOTED ON WITH THE REST OF THE INFORMATIONAL AGENDA, AND ALSO FURTHER ADDRESSED LATER ON DURING THE MEETING, AS SHOWN ON PAGES 6-7 OF THESE MINUTES. -*.- -.*- INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 19, 2012 PAGE 3 OF 35 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. INFORMATIONAL 101. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to provide the Commission a financial recap of the 2012 Hometown Harvest Event. FISCAL IMPACT: $3,500 Revenue from Sponsors and Vendors $3,134 Expenses for Hometown Harvest Community Event $ 366 Net Gain 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 at this point, however, brief comments were made on this Agenda Item just after the Vote on the Informational Agenda. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 4 OF 35 INFORMATIONAL 102. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission about the planning efforts of the City's 2012 Winter Wonderland event. FISCAL IMPACT: Projected Revenue $5,500 Projected Expenses $3,833 {Budget attached} Projected Income $1,667 City Public Safety costs are projected at $4,500. These funds are available in the FY 13 Budget in line code 7260-51214. 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 was heard on this Agenda Item at this time in the Meeting, however, brief comments related to this Agenda Item were made just after the Vote on the Informational Agenda. INFORMATIONAL. 1.03. Office of the City Clerk REQUEST: The City Clerk wishes to inform the Mayor and City Commission of the results of the November 6, 2012 City of Winter Springs' General Municipal Election. FISCAL IMPACT: There is no Fiscal Impact to be considered with the approval of this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 5 OF 35 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. INFORMATIONAL 104. Community Development Department REQUEST: The City Attorney and the Community Development Department - Planning Division wish to inform the City Commission on the status of Expedited State Review, CPA-2012-02-ESR (Ordinance 2012-13), changing the Future Land Use Map designation from "Mixed Use" and "Conservation Overlay" to "Greeneway Interchange District" and "Conservation Overlay" (on those affected areas) for the forty (40) acres, more or less, located on east S.R. 434, immediately north of Creeks Run Way. This item is being postponed to a date to be determined in order to permit additional discussion between the owner, City Manager, and staff. FISCAL IMPACT: There is no immediate fiscal impact directly associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 6 OF 35 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MAYOR LACEY STATED, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER RESNICK." DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. ❖ AGENDA NOTE: INFORMATIONAL AGENDA ITEMS "101" AND "102" WERE ADDRESSED AGAIN, IN ADDITION TO REFERENCES TO THESE SAME AGENDA ITEMS NOTED ON PAGES 2-4 OF THE MINUTES. THE REST OF THE AGENDA FOLLOWS. ❖ ❖ INFORMATIONAL AGENDA INFORMATIONAL 101. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to provide the Commission a financial recap of the 2012 Hometown Harvest Event. FISCAL IMPACT: $3,500 Revenue from Sponsors and Vendors $3,134 Expenses for Hometown Harvest Community Event $ 366 Net Gain 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. INFORMATIONAL 102. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission about the planning efforts of the City's 2012 Winter Wonderland event. FISCAL IMPACT: Projected Revenue $5,500 Projected Expenses $3,833 (Budget attached) Projected Income $1,667 City Public Safety costs are projected at $4,500. These funds are available in the FY 13 Budget in line code 7260-51214. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 7 OF 35 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. Mayor Lacey noted, "` 10 F and ` 102' came from the Parks and Recreation] Department, reporting again on the financial status of the most recent event — Hometown Harvest and the forthcoming Winter Wonderland (Christmas Tree Lighting Ceremony), showing that in the case of the Hometown Harvest, Revenues exceeded expenses so there would be no cost to the tax payer for that; and for the Winter Wonderland, the same thing is projected to be the case. So again, kudos to Chris (Caldwell, Director, Parks and Recreation Department) and his team!" X031M 01121 AM Pool /0 CONSENT 200. Office of the City Manager REQUEST: City Manager is requesting that the Commission consider approval of Resolution 2012-41 amending the Fiscal Year 2012 Budget. FISCAL IMPACT: This agenda item only amends the budget; it does not have an impact on actual revenues or expenditures COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, 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. Within five days of approval and adoption of Resolution No. 2012-41, the Final Budget for Fiscal Year 2011-2012 will be placed on the City's website [Section 166.241 (5) FS]. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 8 OF 35 RECOMMENDATION: It is recommended that the Commission approve Resolution 2012-41, amending the Fiscal Year 2012 Budget. No discussion. CONSENT 201. Not Used CONSENT 202. Police Department REQUEST: The Police Department requests the Commission to approve Resolution 2012-38 to suspend on -street parking codes and regulations during the 2012 holiday season. FISCAL IMPACT: There is no fiscal impact associated with this Resolution. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Police Department recommends the Commission approve Resolution 2012-38 to suspend on -street parking regulations city-wide during the 2012 holiday season. This Agenda Item was not discussed. CONSENT 203. Police Department REQUEST: The Police Department requests the Commission to approve: 1) the purchase of police portable and mobile radios as part of the ongoing radio replacement plan through Motorola as a sole source provider using Broward County Sheriff's Office contract, and 2) eight in -car camera systems from Digital Ally via sole - source letter using approved budgeted FY13 funds. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 9 OF 35 FISCAL IMPACT: This agenda item impacts line code 64000 (Capital- General) from approved budgeted funds both in General Fund and Police Impact Fee Funds (150): Motorola- $74,863 Digital Ally- $40,000 (150-64000) Total Expenditure- $114,863 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: Approve the purchase of portable and mobile radios from Motorola as a sole source provider and in -car camera systems from Digital Ally via sole source letter. No discussion CONSENT 204. Public Works Department REQUEST: Public Works Department Requests the City Commission Approve the Interlocal Agreement Between Seminole County and the City of Winter Springs for Maintenance of the Trail Overpass FISCAL IMPACT: No change to the current City costs for trail maintenance. 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 Hail 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 SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 10 OF 35 RECOMMENDATION: It is recommended that the City Commission Approve the Interlocal Agreement Between Seminole County and the City of Winter Springs for Maintenance of the Trail Overpass and authorize the City Manager to execute any and all applicable documents. Commissioner Rick Brown asked to have this Agenda Item discussed. CONSENT 205. Utility Department REQUEST: Utility Department Requesting Approval to Authorize Cram Engineering & Construction Services to make repairs to the 0.5 million gallon water storage tank at Water Treatment Plant (WTP) #2. FISCAL IMPACT: Funds are budgeted in the Utility Department line code 3600-62100 at $105,000 for this 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, 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: It is recommended that authorization be granted to award the WTP#2 0.5 MG storage tank repairs to CECS of Gainesville for $78,050.00 plus a 10% contingency payable from Utility line code 3600-62100. City Attorney Anthony A. Garganese said, "On items `205' and `208', I just have a few technical revisions that I would like to work with the Manager on. They're not substantive to the Agenda Items, I would like to note that for the Record and if it's okay with the Commission, just work with the Manager on those technical issues." CONSENT 206. Public Works Department REQUEST: The Public Works Department requesting the City Commission validate the Staff recommendation finding the Winter Springs Village Phase 2 sitework to be built in substantial accordance with the Final Engineering plans and to accept the public infrastructure for ownership and maintenance, subject to satisfactory completion of the remaining open punchlist items. FISCAL IMPACT: There is no fiscal impact associated with this site acceptance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 1.1 OF 35 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 Winter Springs Village Phase 2 sitework to be built in substantial accordance with the approved Final Engineering plans, subject to completion of all open punchlist items as noted on Exhibit A prior to issuance of any Phase 2 Certificates of Occupancy, and to accept the public infrastructure for ownership and maintenance. There was no discussion on this Agenda Item. CONSENT 207. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting that the City Commission approve a payment of $21,785.56 from CPG Construction, LLLP to the City of Winter Springs, to serve as satisfaction of the tree mitigation requirement of a Settlement Agreement approved on November 14, 2011 under Agenda Item 501 for the Moss Park Apartments (formerly 'The Fountains at Moss Park" and "Saratoga Condominiums"). FISCAL IMPACT: Payment in the amount of $21,785.56 will be deposited into the Arbor Fund (110) and held in fund balance for future landscape improvements at State Road 434 and North Moss Road. 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 SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 12 OF 35 RECOMMENDATION: The Community Development Department, Urban Beautification Manager, is requesting that the City Commission approve a payment of $21,785.56 from CPG Construction, LLLP to the City of Winter Springs, to satisfy the tree mitigation requirement of the Settlement Agreement approved on November 14, 2011 under Agenda Item 501 for the Moss Park Apartments (formerly 'The Fountains at Moss Park" and "Saratoga Condominiums"), with these funds to be placed in the Arbor Fun (110) to be used to fund future landscape improvements in the area of State Road 434 and North Moss Road. No discussion. CONSENT 208. Public Works Department REQUEST: Public Works Department requesting authorization for the Mayor to execute a Utility Easement granting AT&T the right to install communications facilities in a 5-foot wide non-exclusive easement on City property in Central Winds Park. FISCAL IMPACT: There is no cost to the City for the proposed Utility Easement. 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 authorize the Mayor to execute a Utility Easement granting AT&T the right to install communications facilities in a 5-foot wide non-exclusive easement on City property in Central Winds Park. Please refer to comments under Consent Agenda Item "205". CONSENT 209. Not Used CONSENT 210. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 13 OF 35 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. This Agenda Item was not discussed. CONSENT 211. Community Development Department- Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Services Division, is requesting Commission authorization to enter into a contractual services agreement with Nabors, Giblin & Nickerson, P.A. (NG&N), for the Oak Forest Wall Neighborhood Improvements Assessment Program in the amount of $3,000 and the Tuscawilla Lighting and Beautification District Neighborhood Improvements Assessment Program in the amount of $3,000, a total of $6,000, for legal services performed in fiscal year 2013 which relate to the fiscal year 2014 assessments. FISCAL IMPACT: Funding in the amount of $3,000 for the TLBD Improvements Assessment Program Legal Services is budgeted and will continue to come from the TLBD Maintenance Fund (184), TLBD Debt Service Fund Phl (211) and TLBD Debt Service Fund Ph2 (213). Funding in the amount of $3,000 for the OFWBD Improvements Assessment Program Legal Services is budgeted and will continue to come from the OFWBD Maintenance Fund (191) and the OFWBD Debt Service Fund (214). The agreement would be for an initial one (1) year term with up to five (5) extensions of one (1) year each. 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 SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 14 OF 35 RECOMMENDATION: Staff recommends that the Commission authorize an annual contract with Nabors, Giblin & Nickerson, P.A., in the amount of $3,000, for the TLBD Improvements Assessment Program, and $3,000 for the OFWBD Improvements Assessment Program, a total of $6,000, for services to be performed in fiscal year 2013 which relate to the fiscal year 2014 assessments. Staff also recommends that the Commission authorize the City Manager and the City Attorney to draft and execute any and all documents necessary pursuant to the approval of this agenda item. No discussion. CONSENT 212. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Services Division, is requesting Commission authorization to enter into a contractual services agreement with NBS Government Finance Group for the Oak Forest Wall Neighborhood Improvements Assessment Program in the amount of $8,050.50 and the Tuscawilla Lighting and Beautification District (TLBD) Neighborhood Improvements Assessment Program in the amount of $10,292.50, a total of $18,343, for special assessment services performed in fiscal year 2013 which relate to the fiscal year 2014 assessments. FISCAL IMPACT: Funding in the amount of $10,292.50 for the TLBD Improvements Assessment Program Management Services is budgeted and will continue to come from the TLBD Maintenance Fund (184), TLBD Debt Service Fund Phl (211) and TLBD Debt Service Fund Ph2 (213). Funding in the amount of $8,050.50 for the OFWBD Improvements Assessment Program Management Services is budgeted and will continue to come from the OFWBD Maintenance Fund (191) and the OFWBD Debt Service Fund (214). The agreement would be for an initial one (1) year term with up to five (5) extensions of one (1) year each. 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 Commission authorize an annual contract with NBS Government Finance Group in the amount of $10,292.50, for the TLBD Improvements Assessment Program and $8,050.50 for the OFWBD Improvements Assessment Program, a total of $18,343, for services to be performed in fiscal year 2013 which relate to the fiscal year 2014 assessments. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 19,2012 PAGE 15OF35 Mayor Lacey remarked, "We are looking for a Motion to approve the Consent Agenda except for item '204' and with the technical modifications that the Attorney has recommended." "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. •b ❖.*. AGENDA NOTE: CONSENT AGENDA ITEM "204" WAS ADDRESSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. CONSENT AGENDA CONSENT 204. Public Works Department REQUEST: Public Works Department Requests the City Commission Approve the Interlocal Agreement Between Seminole County and the City of Winter Springs for Maintenance of the Trail Overpass FISCAL IMPACT: No change to the current City costs for trail maintenance. 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 rile 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: It is recommended that the City Commission Approve the Interlocal Agreement Between Seminole County and the City of Winter Springs for Maintenance of the Trail Overpass and authorize the City Manager to execute any and all applicable documents. Commissioner Brown spoke of this Agenda Item and said he hoped for Agreement from the City Commission to "Ask the City Manager and Staff to revisit this with the County and by way of the Agreement try to get approval for banner hanging for our City events — on advertising and banner hanging on the trail overpass, like we have tried to do year after year, before we approve this Interlocal Agreement." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 19,2012 PAGE 16 OF 35 Deputy Mayor Joanne M. Krebs asked if this also involved Department of Transportation; to which Mayor Lacey stated, "I have got some experience with that" and commented on what the Department of Transportation required. Mayor Lacey then commented, "I think if there is Consensus of the Commission, we are going to ask Staff to take a look at this Agreement and see if they can negotiate rights to hang banners from the Trail overbridge." City Manager Kevin L. Smith noted, "If I have that Consensus, we'll be happy to do that and I'll report back to you all on what we hear." Deputy Mayor Krebs stated, "Consensus." Commissioner Cade Resnick said, "Yes." Commissioner Jean Hovey nodded in agreement. No objections were voiced. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office of the Mayor and City Commission REQUEST: Presentation of a Resolution of Appreciation to Ms. Alice Bard, recognizing her outstanding service and dedication to the City of Winter Springs and its' residents, as a recent Member of the Beautification of Winter Springs Board — with our heartfelt gratitude for her many years of contributions. Mayor Lacey presented a Resolution of Appreciation of gratitude to Ms. Alice Bard for her service to the City of Winter Springs as a recent Member of the Beautification of Winter Springs Board. AWARDS AND PRESENTATIONS 301. Office of the Mayor and City Commission REQUEST: Presentation of a Resolution of Appreciation to Ms. Rosanne Karr, recognizing her outstanding service and dedication to the City of Winter Springs and its' residents, as a recent Member of the Planning and Zoning Board/Local Planning Agency — with our heartfelt gratitude for her many years of contributions. A Resolution of Appreciation of gratitude was presented to Ms. Rosanne Karr by Mayor Lacey for her service to the City of Winter Springs as a former Member of the Planning and Zoning Board/Local Planning Agency. REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report was given. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19,2012 PAGE 170F35 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces mentioned an opening on the RPA/Redevelopment Planning Agency and Mayor Lacey asked how the City Commission wished to proceed. "I SO MOVE THAT COMMISSIONER PAM CARROLL WOULD LIKE TO VOLUNTEER." MOTION BY COMMISSIONER HOVEY. SECONED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. City Clerk Lorenzo-Luaces noted an Appointment was needed to fill a vacancy on the Parks and Recreation Advisory Committee which would be an "At -Large" Appointment. With brief comments, Mayor Lacey suggested this Appointment be handled at the next City Commission meeting. Lastly, City Clerk Lorenzo-Luaces noted that the next Deputy Mayor Nomination would be held at the next City Commission meeting. REPORTS 403. Office of Commissioner Seat Five/Deputy Mayor - The Honorable Joanne M. Krebs Deputy Mayor Krebs recognized former Mayor Paul Partyka who was in the audience. Secondly, Deputy Mayor Krebs mentioned that a resident had asked if chickens could be kept in the Ranchlands for the purposed of laying eggs. Discussion. Deputy Mayor Krebs then asked, "Are we going to be getting more and more of these and is this something we need to look at, and would it be allowable in that area?" Attorney Garganese referred to 20-413. of the City's Code and said, "We may not have any regulations for that." Deputy Mayor Krebs then said, "We may want to hear something on that and decide one way or the other." Further comments followed on this being a zoning issue, and possible noise issues. Thirdly, Deputy Mayor Krebs remarked that she recently attended Florida League of Cities meeting and would give the Clerk some information she received from the meetings she attended and that the City Clerk would forward it to the Mayor and City Commission. Deputy Mayor Krebs also thanked Commissioner Brown and Commissioner Resnick on working with her and for their support. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 19,2012 PAGE 18OF35 REPORTS 404. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey commented on attending a Seminole County Public School Facility Planning Committee Meeting and some of the recent discussions related to schools and current enrollment trends. REPORTS 405. Office of Commissioner Seat One - The Honorable Jean Hovey Commissioner Jean Hovey remarked that she and Commissioner Brown had attended the Police Department's Citizen's Academy and that it was a great learning process and suggested that any interested citizens sign up for the next Citizen's Academy. Continuing, Commissioner Hovey also noted that she was looking forward to the next four (4) years. REPORTS 406. Office of Commissioner Seat Two - The Honorable Rick Brown Commissioner Brown thanked Chief of Police Kevin Brunelle, Police Department for the Citizen's Academy which was a very worthwhile program. REPORTS 407. Office of Commissioner Seat Three - The Honorable Pamela Carroll Commissioner Pam Carroll spoke of a recent Seminole County Public Schools Workshop that she also attended and the discussion on population shifts. Next, Commissioner Carroll appreciated attending the recent Florida League of Cities Conference. REGARDING AN OPENING ON THE PLANNING AND ZONING AGENCY, COMMISSIONER CARROLL STATED, "I WOULD HENDERSON FOR THE SEAT." MOTION BY COMMISSIONER DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. BOARD/LOCAL PLANNING LIKE TO NOMINATE BOB CARROLL. SECONDED BY CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19,2012 PAGE 19 OF 35 REPORTS 408. Office of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Resnick offered his Congratulations to the newly Elected Commissioners. Next, Commissioner Resnick noted that with the upcoming shopping season, to please shop local whenever possible. Commissioner Resnick mentioned he also attended the Florida League of Cities Conference and that his Committee discussed rebalancing and upgrading billboards. On a related note, Mayor Lacey said during his attendance at the Florida League of Cities Conference, there was discussion on requiring "School Boards and other sovereign entities to pay Stormwater Fees when assessed" and that this would become a priority for the Florida League of Cities and that he was personally supportive of this effort and would address this with his Legislators to include in his legislation. Also on the issue of shopping locally, Deputy Mayor Krebs noted she heard there was a new restaurant in the Winter Springs Town Center. PUBLIC INPUT Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: referenced Regular Agenda Item "600" and noted that did not think that his tax dollars should go to some of the people within the City but to the whole of Winter Springs. Mr. Donald Peterson, 3585 Canal Street, Oviedo, Florida: addressed the City Commission on the Public Hearings on this Agenda related to properties near the Black Hammock on behalf of the Black Hammock Association and the Black Hammock Preservation and Historical Foundation and that for Record, they were not against future development in Winter Springs near the entrance to the Black Hammock, but they thought there should be discussion before an Agenda Item is approved, and hoped they would be kept informed. Mr. Bob Henderson, 635 White This Court, Winter Springs, Florida: offered his appreciation for the recent Appointment, and Congratulations to the newly sworn in Commissioners; and mentioned that on the issue of chickens in the City, to be aware that chickens smell (like ammonia). PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: The City Attorney and the Community Development Department — Planning Division requests that City Commission hold a Public Hearing for Third Reading and adoption of Ordinance 2012-16, amending the City's Code of Ordinances, Chapter 15 to update planning regulations in light of House Bill 7207. FISCAL IMPACT: Ordinance 2012-16 amends the City's Code of Ordinances, Chapter 15 to update planning regulations in light of House Bill 7207. There is no immediate fiscal impact directly associated with this agenda item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 20 OF 35 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 the Community Development Department — Planning Division recommend that the City Commission adopt Ordinance 2012-16 on Third Reading. Attorney Garganese read Ordinance 2012-16 by "Title" only. Brief comments followed. Mayor Lacey opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Lacy closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2012-16)." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Not Used ❖ ❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEMS "502", 4650399, "504" AND "505" WERE HANDLED SIMULTANEOUSLY, AS NOTED BELOW, WITH A MOTION FOR THESE AGENDA ITEMS AT THE END OF THE AGENDA ITEM TITLE OF PUBLIC HEARINGS AGENDA ITEM "505", AS SHOWN ON PAGE 24 OF THESE MINUTES. ❖ •: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -- NOVEMBER 19, 2012 PAGE 21 OF 35 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 502. Community Development Department - Planning Division REQUEST: At the request of the applicant, the Community Development Department — Planning Division requests that City Commission postpone first reading of Ordinance 2012-19, a Small -Scale Future Land Use Map Amendment which proposes to change the Future Land Use Map designation for an approximate 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", to the December 10, 2012 Regular City Commission meeting. 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 is 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. In accordance with state statute, this item was advertised in the Orlando Sentinel on October 28, 2012. Additionally, the applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. RECOMMENDATION: At the request of the applicant, the Community Development Department — Planning Division requests that City Commission postpone first reading of Ordinance 2012-19, a Small -Scale Future Land Use Map Amendment to the December 10, 2012 Regular City Commission meeting. As noted in the preceding "Agenda Note", there was no discussion on this Agenda Item, at this time. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 22 OF 35 PUBLIC HEARINGS 503. Community Development Department - Planning Division REQUEST: At the request of the applicant, the Community Development Department — Planning Division requests that City Commission postpone first reading 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-lA (One -family dwelling district), to the December 10, 2012 Regular City Commission meeting. FISCAL IMPACT: The proposed rezoning of the property from C-1 (Neighborhood Commercial) to R-lA (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 is 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. This item was advertised in the Orlando Sentinel on October 28, 2012. Additionally, the applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. RECOMMENDATION: At the request of the applicant, the Community Development Department — Planning Division requests that City Commission postpone first reading 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 GI (Neighborhood Commercial) to R-lA (One -family dwelling district), to the December 10, 2012 Regular City Commission meeting. Also as noted in the preceding "Agenda Note", there was no discussion on this Agenda Item, at this time. PUBLIC HEARINGS 504. Community Development Department - Planning Division REQUEST: At the request of the applicant, the Community Development Department — Planning Division requests that City Commission postpone first reading 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), to the December 10, 2012 Regular City Commission meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-NOVEMBER 19, 2012 PAGE 23 OF 35 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 is anticipated to provide an increase to the City's taxable 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. In accordance with state statute, this item was advertised in the Orlando Sentinel on October 28, 2012. Additionally, the applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. RECOMMENDATION: At the request of the applicant, the Community Development Department — Planning Division requests that City Commission postpone first reading 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), to the December 10, 2012 Regular City Commission meeting. Again, as noted in the preceding "Agenda Note", there was no discussion on this Agenda Item, at this time. PUBLIC HEARINGS 505. Community Development Department - Planning Division REQUEST: At the request of the applicant, the Community Development Department — Planning Division requests that City Commission postpone first reading 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-Cl (Single-family dwelling district) to R-IA (One -family dwelling district), to the December 10, 2012 Regular City Commission meeting. FISCAL IMPACT: The proposed rezoning of the property from R-Cl (Single-family dwelling district) to R-IA (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 SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 24 OF 35 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, LaserFicbe, 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. This item was advertised in the Orlando Sentinel on October 28, 2012. Additionally, the applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Association. RECOMMENDATION: At the request of the applicant, the Community Development Department — Planning Division requests that City Commission postpone first reading 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-CI (Single-family dwelling district) to R-IA (One -family dwelling district), to the December 10, 2012 Regular City Commission meeting. Additionally, as noted in the preceding "Agenda Note", there was no discussion on this Agenda Item, at this time. Related to Public Hearings Agenda Items "502", "503", "504", and "505", Mayor Lacey noted, "I am advised that we can have one (1) Motion to postpone these to a date certain of December 10th, (2012)." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR KREBS: AYE COMNQSSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 506. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing to consider the Aesthetic Review for GrandVilIe at Town Center, a 244 unit, 4-story apartment complex located adjacent to City Hall at the northwest corner of the intersection of Doran Drive and SR 434. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 25 OF 35 FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Apartments (244 units) Units (1,300 square foot average) assessed at $90/square foot: (1,300 x 90 = 117,000 x 244 units = $28,548,000) $28,548,000/1000 = 28,548.00 28,548(2.5814) = $73,693.80 $73,693.80 (less the 4% statutory discount) _ $28,548,000 assessed tax value $70,746.05 tax revenue Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $1,208,657 assessed value for entire parcel $1,208,657 assessed tax value 1,208,657/1000=1208.657 1208.657 x 2.5814 = 3120.03 $3,120.03 tax revenue Total Potential Tax Revenue: $73,866.08 (70746.05 + 3120.03 = 73866.08) (Please see the attached Economic and Fiscal Impact 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: Staff recommends that the City Commission approve the Aesthetic Review package for GrandVille at Town Center. Mr. Bobby Howell, AICP, Planner, Community Development Department began the discussion on this Agenda Item. Commissioner Hovey noted she had received a couple of calls from parents of students who walk down Doran Drive. Mr. Howell mentioned a forthcoming Development Agreement which "Requires the construction of sidewalks along Doran (Drive) and they will be building what is called "Edge Drive" the little gravel path behind City Hall up to current Town Center Code standards..." Commissioner Hovey then asked, "...And that will include the sidewalk along — Doran (Drive)." Mr. Howell responded, "Tres." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 19,2012 PAGE 26 OF 35 Mayor Lacey opened the "Public Input "portion of the Agenda Item. No one spoke, Mayor Lacy closed the "Public Input" portion of the Agenda Item "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Services Division, is requesting that the City Commission consider a request of the Tuscawilla Units 12/12A Wall Ad -Hoc Advisory Committee for the creation of a Special Assessment District to facilitate capital improvements, ongoing repairs, and maintenance of the Tuscawilla Units 12/12A Wall. FISCAL IMPACT: The fiscal impacts associated with this agenda item are based on the following: Creation of a Special Assessment Program for the Tuscawilla Units 12/12A Wall will require the City to front -load $29,500 for establishment costs prior to adoption. The $29,500 would be allocated as follows: a. NBS - Base Fee $10,750 plus $300 out-of-pocket expenses b. NG&N - Base Fee $12,000 plus $450 out-of-pocket expenses C. Consultants Contingency - $2,500 d. Expert Witnesses - $2,500 e. Cost of Loan Issuance - $1,000 Addendum #2 to the Final Report of the Advisory Committee requests that the City front -load $6,025 for wall repairs to begin immediately. If the Commission approves this request it will require the City to expend these funds prior to adoption. The required Non -Binding NOI for the project was advertised in the Orlando Sentinel beginning on November 12, 2012 (for 4 consecutive weeks) at a cost of $992. This has already been expended by the City due to noticing requirements for special assessments to be collected beginning November 2013. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 27 OF 35 In their Final Report, the Advisory Committee requested that the Commission forgive the expenditure of $8,125 for a wall survey, engineering and wall removal in five areas and not require any repayment from the assessment program (see Attachment'C', Addendum #1), costs as detailed below: a. Survey to determine wail location $3,280 b. Structural evaluation $1,845 C. Demolition of unsafe corner sections $3,000 Staff is recommending that the City front-Ioad up to $1,000 (may be pro -rated) to add the wall as an insured asset to the property insurance coverage with the intent to prevent potential loss prior to adoption of the assessment program. Funding which has been expended by the City for this project will be reimbursed by the Assessment Program upon establishment and adoption by the City Commission. However, the Commission could elect to reduce the capital cost to the Assessment Program and grant the abovementioned request (see Attachment'C', Addendum #1) to forgive some or all of the $8,125 already expended by the City. A supplemental appropriation in the amount of $36,517 (plus a 10% contingency) will be needed from the City's General Fund Reserves to front -load the remaining establishment costs for creating the Tuscawilla Units 12/12A Special Assessment Program. These funds would be reimbursed to the City in full upon program establishment. Staff will bring back a Resolution to create a Special Revenue Fund within the City's budget for the assessment at program adoption. Since all establishment information including the loan interest rate, assessment tier structure, and capital construction costs have not been finalized, providing a firm assessment rate for each lot is not possible at this time. However, Staff has formulated a range for the combined capital and maintenance assessment rates based on the most extreme scenario of 87 lots weighted against a single Benefit Unit (B.U.) as shown below: $190 to $210 Annually Per Lot Owner -or- $15.83 to $17.50 Monthly Per Lot Owner 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. The required Non -Binding Notice of Intent was advertised in the Orlando Sentinel on November 12th & 19th, 2012, and is scheduled to run November 26th & December 3rd, 2012 as well. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING — NOVEMBER 19, 2012 PAGE 28 OF 35 RECOMMENDATION: The Community Development Department, Urban Beautification Division, is requesting that the City Commission consider a request of the Tuscawilla Units 12/12A Wall Ad -Hoc Advisory Committee for the creation of a Special Assessment District to facilitate capital improvements, ongoing repairs, and maintenance of the Tuscawilla Units 12/12A Wall. A. If the City Commission desires to create the requested Assessment Program, Staff is seeking approval for a supplemental appropriation in the amount of $36,517 (plus a 10% contingency) from General Fund Reserves to front -load Program Establishment Costs. B. If the City Commission desires to create the requested Assessment Program, Staff is seeking authorization to contract with NBS for Assessment Formation Services at a base fee of $10,750 plus expenses, which will also include the hiring of expert witnesses at a cost of $2,500, and NG&N for Assessment Formation Legal Services at a base fee of $12,000 plus expenses. C. If the City Commission desires to create the requested Assessment Program, Staff is seeking direction from the City Commission regarding the request of the Advisory Committee for the City to forgive $8,125 (see Attachment'C', Addendum #1) as per their Final Report. D. If the City Commission desires to create the requested Assessment Program, Staff is requesting that the City Commission authorize the City Manager and City Attorney to acquire, execute, and record any easements necessary to implement the Program. Any costs associated with acquiring the easements will be included in the assessment (if any). E. If the City Commission desires to create the requested Assessment Program, Staff is requesting that the City Commission authorize the City Manager and the City Attorney to draft and execute any and all documents necessary to complete (parts A,B and C) of this recommendation, as approved or modified by the City Commission. Mr. Steve Richart, Urban Beautification Division Services, Community Development Department reviewed some of the aspects noted in this Agenda Item and commented on costs, reimbursements, Easements, and maintenance and capital program rates. Continuing with his presentation, Mr. Richart noted, "As far as an Advisory Committee goes, you are not required to have an Advisory Committee for this Special Assessment area, but if you choose to, the TLBD[AC] (Tuscawilla Lighting and Beautification District [Advisory Committee]) would we feel, be the best Committee to serve for that purpose since they're already meeting and there wouldn't be any additional costs to the City or the Assessment program." Further comments ensued on liability concerns, other related costs, and benefits. Tape I/Side B Discussion. Manager Smith remarked, "We are basically looking for a `Go'/`No go' decision on an Assessment program. If it is a `Go' decision, we are looking for a variety of approvals including supplemental appropriations, authority for the Attorney and I to execute contracts, so on and so forth; and then the separate issue that we'd ask for your consideration on is the request of the Advisory Committee relative to the eighty-one and hundred some odd dollars and its forgivenance." Discussion followed on staff previously going door-to-door to speak with residents in the Ranchlands, the charge of the Ad Hoc Advisory Committee, that all residents in this community should have the opportunity to be heard, communications with residents, moving on with this project, and feedback. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 29 OF 35 Commissioner Resnick then noted, "Steve (Richart), thank you so much for your work and thank you to the Committee for their work as they put all this together." Deputy Mayor Krebs mentioned that former Commissioner Gary Bonner was going to go door to door on this issue, and Mr. Richart stated, "We did multiple mail -outs to the residents". Deputy Mayor Krebs added, "So the residents are very aware of what was happening in their neighborhood. I will say that the Committee was always talking to their neighbors." Further comments. "I WILL MAKE THE MOTION THAT WE PROCEED WITH THE CREATION OF THE SPECIAL TAXING DISTRICT, THAT WE EXPEND CITY FUNDS TO FRONTLOAD IT, AND THAT WE MODIFY THE EIGHTY-ONE TWENTY-FIVE [DOLLARS] ($8,125.00) TO FIFTY-ONE TWENTY- FIVE [DOLLARS] ($5,125.00) PUTTING THE THREE THOUSAND [DOLLARS] ($3,000.00) BACK INTO THE ASSESSMENT TOTAL." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MAYOR LACEY ADDED, "AND INCLUDES THE CONTRACTING AUTHORITY FOR NBS AND NG&N." COMMISSIONER BROWN ADDED, "MOTION IN FAVOR OF THE RECOMMENDATION WITH THE EXCEPTION OF MODIFYING THE EIGHTY-ONE TWENTY-FIVE [DOLLARS] ($8,125.00)." MAYOR LACEY SUMMARIZED THE MOTION IN THAT, "IT IS ESSENTIALLY TO APPROVE THE ITEM AS PRESENTED EXCEPT UNDER LETTER `C', THE EIGHTY-ONE TWENTY-FIVE [DOLLARS] ($8,125.00) IS THE FIVE THOUSAND ONE HUNDRED AND TWENTY- FIVE [DOLLARS] ($5,125.00) ITEM FOR LETTERS - `A' AND `B', EXCLUDING `C'." VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Deputy Mayor Krebs spoke for the Record about comments that Mr. John Horan said to her, related to this Agenda Item. REGULAR 601. Community Development Department REQUEST: The Planning & Zoning Board and the Community Development Department -Planning Division request that City Commission approve the Offices at Winding Hollow Lot Split, located on the southwest corner of S.R. 434 and Winding Hollow Boulevard. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19,2012 PAGE 30OF35 FISCAL IMPACT: There is no immediate fiscal impact directly associated with this agenda item. The lot split could facilitate the construction of approximately 19,250 square feet of new office space and resulting ad valorem taxes. 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 rive (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 Planning & Zoning Board and the Community Development Department - Planning Division recommend that City Commission approve the Offices at Winding Hollow Lot Split. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. Discussion followed on the lot split, traffic, trees, could this lot split affect the future use of the remaining property and a Resolution that Attorney Garganese distributed to the Mayor and City Commission. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department pointed out, "This is the first of several Agenda Item that will come before you." Discussion followed on the proposed development, traffic and trees planted by some of the residents. Deputy Mayor Krebs said, "Winding Hollow takes care of that entranceway, all the way, don't they?" Mr. Stevenson noted, "I do know that they planted some trees down there, but it is a public roadway." Deputy Mayor Krebs asked, "So they are taking care of property that is not theirs?" Mr. Stevenson replied, "We have property that they don't own in the subject property and then we have right-of-way. So, I believe it's actually planted just outside the right-of-way. I'd have to double-check that. I don't know definitively that, at this point in time. I do know that they had stated that they had put some trees there and they were concerned about whether or not, when they put the parking lot in, that they would replace those trees. Those are certainly things that we will bear in mind if the project goes forward that we will be working with the Developer to make sure those trees are replaced and that line of trees along the avenue there, along the entrance is maintained to the best of our ability." Deputy Mayor Krebs then inquired where school buses come to pick up the neighborhood children. Mr. Stevenson thought the schoolchildren were picked up at the corner but was not sure. Mr. Stevenson added, "Which would mean we'd be looking at maintenance of sidewalks and things of that nature there as well." Deputy Mayor Krebs then said, "These are all things we need to keep in mind." Further comments. Attorney Garganese said, "If the Commission were to move forward and approve this lot split, pursuant to the City Code, the Commission must do so for by Resolution. That Resolution gets recorded in the Public Records and now you have two (2) canvases in which property can be developed." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19,2012 PAGE 31OF35 Continuing, Attorney Garganese added, "And if somebody wanted to come in and then develop as one (1) development, both those properties, the Commission would then have to require that there be a unity of title combining the two (2) together for a specific development project. One thing the Commission needs to keep in mind Randy is, if the property is allowed to be lot split, the impacts could be nothing if there isn't a development project, but once it's split, now you have two (2) developable lots. That means if this portion gets developed, that's going to leave this lot available for development and there must be access on Winding Hollow; because the law is going to require that there be access." Discussion followed on cross access, who was involved with the proposed project, and had neighborhood meetings been held. Mr. Todd Hudson, P.E., Hudson Engineering Associates, Inc., Post Office Box 677742, Orlando, Florida: addressed the Mayor and City Commission. Related to this Agenda Item, Mr. Hudson stated, "We will do full Traffic Study etc., when we come in through the development for plan if we were to get this approval for the lot split; and again, as you indicated, my clients basically would like to gain access to the property as a whole in title. We will be in fact, gaining, if we do gain the lot split tonight, we will be in fact moving forward with all the contracts. I in fact have a signed contract ready to go. But, obviously if the lot split does not happen, we probably will not move forward with the development of this parcel. As far as access, we did actually look at a pretty solid plan. We had an old survey and we feel that based on it, it's some pretty light use as far as traffic goes anyway." Continuing, Mr. Hudson added, "As far as the trees and stuff like that - we've already planned a large buffer up front. We're going to plan on the berms, we've looked at your Codes, so we feel that we can bring a quality development, limit the accesses on Winding Hollow as you would anyway in a plat process if the whole thing came in for development." Mayor Lacey remarked, "If we approve the lot split now, then will there be opportunity still to address the concerns that might come about that have been expressed up here and in further steps down the road." Mr. Stevenson responded by saying, "What's going to happen, if the lot split were to go forward obviously as the gentleman said, they'd probably close on the property. They're going to have to plat these individual lots at a later date of this parcel, so you've got a plat process, you've got an Aesthetic Review, you've got a Final Engineering process that's got to move forward through the Commission. The Final Engineering is going to be the point in which you would address primarily most of the lay -outs, the access points, the parking and so forth. With that you'll have an accompanying Traffic Report that will indicate to you the increased traffic on this particular site, and we might, if the Commission so desires, we might contrast that with what could be put into C- 2, a more intense Use perhaps. And we'll also by that point in time make sure that adequate or maybe more than adequate if you will, contact has been made with the Winding Hollow HOA (Homeowner's Association) and any concerned members at that point in time. So there will be ample opportunities for this Commission as we go through the process, to take a look at this." Commissioner Resnick spoke of his concern with this being inside a community and was concerned with making sure the community was aware, and suggested it be best to wait for a date certain to have this brought back — for Staff to reach out to the community. Further comments followed with the City Commission noting concern that the residents had been informed adequately, and a similarity to the development near Vistawilla Drive. Deputy Mayor Krebs noted her preference with Staff reaching out to the community. Commissioner Brown did not think Staff needed to go door to door and added, "I think if it is the desire of the Commission, that it is a simple conversation with the HOA (Homeowner's Association) and they can do the leg work and get back to us. I don't think we need to go knocking on doors." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 32 OF 35 Deputy Mayor Krebs said she wanted to hear from the citizens first. Commissioner Carroll commented on concerns with access. Commissioner Hovey thought there would be ample time before the next City Commission meeting to have Staff contact the Homeowner's Association. Further, Commissioner Brown suggested to Deputy Mayor Krebs, "I will assume that you will make the Motion, since it is your District — if you do, could you please set a date certain for the HOA (Homeowner's Association) to be back to us so that we don't delay the Developer any longer." DEPUTY MAYOR KREBS STATED, "THAT IS A GOOD MOTION. THE DATE THAT I WILL PUT IN THERE IS NEXT MEETING." MAYOR LACEY SUMMARIZED, "SO WE ARE GOING TO POSTPONE THIS ITEM TO DECEMBER 10TH, (2012) AND IN THE MEANTIME, CONTACT THE WINDING HOLLOW HOA (HOMEOWNER'S ASSOCIATION) FOR THEIR INPUT IN THE PROCESS. MR. STEVENSON ADDED, "WE WILL DO THAT." MAYOR LACEY THEN SAID, "MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMSSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE COMMSSIONER CARROLL: AYE MOTION CARRIED. REGULAR 602. Community Development Department REQUEST: The Community Development Department is requesting that the Mayor and Members of the City Commission make appointments to the seven (7) member Districting Commission, pursuant to Section 4.02 of the Charter of the City of Winter Springs. Pursuant to the above referenced section of the City's Charter, these appointments must be made by the first day of February, 2013. FISCAL IMPACT: There is no immediate fiscal impact directly associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 19,2012 PAGE 33 OF 35 RECOMMENDATION: Staff recommends the Mayor and City Commission appoint the seven (7) member Districting Commission, as set forth in the provisions of Section 4.02 of the City Charter. Mr. Woodruff addressed this Agenda Item briefly for discussion. MOTION TO APPOINT KEN GREENBERG TO THE DISTRICTING COMMISSION. MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. MOTION TO APPOINT DON JONAS TO THE DISTRICTING COMMISSION. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey suggested the remaining Appointments be ready for the upcoming City Commission meetings. REGULAR 603. Community Development Department REQUEST: Community Development Department- Planning Division requests the City Commission consider approval of the Amberly Developer's Agreement (DA), a 36-unit single-family development located on Dovera Drive, north of Red Bug Lake Road, within the Oviedo Marketplace PUD (and Development of Regional Impact). FISCAL IMPACT: The purpose of this agenda item is to approve the Amberly Developer's Agreement (DA), a 36-unit single- family development located on Dovera Drive, north of Red Bug Lake Road, within the Oviedo Marketplace PUD (and Development of Regional Impact). There is no immediate fiscal impact directly associated with this agenda item. The newly constructed homes will pay ad valorem taxes. The potential tax revenue of the proposed project is as follows: Fee Simple Single Family Residential Units — 36 units Units 2,450 square feet assessed at 90 square foot: $7,938,000 assessed tax value $7,938,000/1000 7,938.00 $7,938.00 (2.5600) = $20,321.28 $20,321.28 (less the 4% statutory discount) $19,508.43 tax revenue CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 19, 2012 PAGE 34 OF 35 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 Community Development Department - Planning Division recommends that City Commission approve the Amberly Developer's Agreement (DA). Mr. Woodruff briefly spoke on this Agenda Item before turning it over to the Mayor and City Commission. "I WILL MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC INPUT Commissioner Brown thanked Deputy Mayor Krebs for mentioning comments that Mr. John Horan had said to her earlier in the meeting and added, "If you felt intimidated, I think it's something that probably should be raised in a more formal capacity." Members of the City Commission said, "Happy Thanksgiving". Mr. Gary Brook, 1631 Wood Duck Drive, Winter Springs, Florida: asked the City Commission about dismissing the Ad Hoc Advisory Committee. "I WILL MAKE A MOTION TO DISBAND THE AD HOC COMMITTEE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING — NOVEMBER 19, 2012 PAGE 35 OF 35 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Lastly, the Winter Wonderland (Parade/Christmas Tree Lighting) was briefly adddressed by Manager Smith; to which. Deputy Mayor Krebs suggested that Mr. Caldwell let the businesses in the Town Center know about the event. ADJOURNMENT Mayor Lacey adjourned the Special Meeting at 6:53 p.m. RESPECTFULLY SUBMITTED: APPROVED: NOTE: These Minutes were Approved at the December 10, 2012 City Commission Regular Meeting.