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HomeMy WebLinkAbout2013 08 26 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA gO4 0 Incorporated • 1959 • ' coo wEl�■P CITY COMMISSION MINUTES REGULAR MEETING MONDAY, AUGUST 26, 2013 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Cade Resnick- Seat Four Commissioner Jean Hovey - Seat One Commissioner Rick Brown- Seat Two Commissioner Pam Carroll - Seat Three Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 2 OF 15 CALL TO ORDER The Regular Meeting of Monday,August 26, 2013 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building(City Hall, 1126 East State Road 434, Winter Springs,Florida 32708). Roll Call: Mayor Charles Lacey,present Deputy Mayor Cade Resnick,present Commissioner Jean Hovey,present Commissioner Rick Brown,present Commissioner Pam Carroll,present Commissioner Joanne M.Krebs,present City Manager Kevin L. Smith,present City Attorney Anthony A. Garganese,present City Clerk Andrea Lorenzo-Luaces,present A moment of silence was held, followed by the Pledge of Allegiance. Mayor Lacey recognized former Seminole County Commissioner Randy Morris who was in attendance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 3 OF 15 INFORMATIONAL 101. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission be advised of the upcoming Anniversary date and Performance Review period for the City Clerk, for the timeframe of October 2012 through September 2013,as requested by the City Commission. FISCAL IMPACT: As this is just notice of an upcoming evaluation, there is no Fiscal Impact to be considered 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. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Public Works Department REQUEST: Public Works Department Requesting that the City Commission authorize executing an Amendment to the Contract with Ashbritt Environmental for a 1 Year Extension to perform storm debris removal services. FISCAL IMPACT: No funding is required at this time. The contract value is limited to $500,000 unless approved by the City. It is anticipated that the funding source for debris removal will be the Solid Waste Fund. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 4 OF 15 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: It is recommended that authorization be given for the City Manager and City Attorney to prepare and execute any and all documents necessary to extend the storm debris removal contract with Ashbritt Environmental for one year. No discussion. CONSENT 201. Community Development Department-Planning Division REQUEST: The Community Development Department, Planning Division is requesting the City Commission consider executing an agreement between the City of Winter Springs, Seminole County, and American Land Investments of Central Florida,LLC regarding the Mermel property. FISCAL IMPACT: Approval of this agreement will assist in the development of the Southern Oaks residential subdivision which, upon completion, will add to the City's taxable value. A detailed fiscal analysis for the project will be presented to the City Commission as part of the final engineering agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 5 OF 15 RECOMMENDATION: Staff recommends that the City Commission enter into the Tri-Party agreement between the City of Winter Springs, Seminole County, and American Land Investments of Central Florida,LLC regarding the Mermel property and authorize the Mayor to execute the agreement. City Attorney Anthony A. Garganese stated, "The County has made a few technical changes to the Contract so we're asking that when you approve the Consent Agenda, it would be with the delegation of authority for the Manager to finalize those technical amendments from our perspective, and then there are a couple of little minor issues that the Developer needs to review with the County." CONSENT 202. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the Monday, August 12, 2013 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to the approval of this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to consider and offer their Approval of the Monday, August 12,2013 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA) — WITH THE CONSIDERATION THAT THE CITY ATTORNEY SPELLED OUT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 6 OF 15 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire There was no Report given. REPORTS 401. Office Of The City Manager—Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC There was no Report given. REPORTS 403. Office of Commissioner Seat Two-The Honorable Rick Brown No Report. REPORTS 404. Office of Commissioner Seat Three-The Honorable Pam Carroll Commissioner Pam Carroll noted that she appreciated the opportunity to attend the recent Florida League of Cities Annual Conference. REPORTS 405. Office of Commissioner Seat Four/Deputy Mayor-The Honorable Cade Resnick Deputy Mayor Cade Resnick agreed with what Commissioner Carroll said. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 7 OF 15 REPORTS 406. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs Commissioner Joanne M. Krebs also agreed with the previous Reports and added that she had been advised that Senators and Representatives would like Elected Officials to visit them in Tallahassee before next month when their Agendas are set. Additionally, Commissioner Krebs mentioned that there were some other excellent symposiums during the Florida League of Cities Annual Conference. Lastly, Commissioner Krebs referenced the Primrose School brochures that she mentioned at the last City Commission Regular Meeting, and said that she had the brochures with her tonight and would leave them with the City Clerk if anyone wanted to receive one. REPORTS 407. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey also mentioned the Florida League of Cities Annual Conference, and related to the Voting authority the City Commission had delegated to him,Mayor Lacey commented on the various Votes. REPORTS 408. Office of Commissioner Seat One-The Honorable Jean Hovey No Report. PUBLIC INPUT Mr. William Fernandez, 250 Panama Road East, Winter Springs, Florida: commented on a previous request he had made for a Lot Split, the fees he had paid; and related to an upcoming proposed Lot Split Workshop, Mr. Fernandez asked for the City Commission's support. Mr. Tom Minter, 1819 Deleon Street, Oviedo, Florida: spoke of some property he had sold for the Southern Oaks project, a retention pond, and gave some background information on the Urban Service Boundary. Mr. Minter added that he did not have an issue with the Developer putting in a retention pond on adjacent property. Mr. Bill Dehlinger, 1601 Tiverton Street, Winter Springs, Florida: noted that in the "Orlando Business Journal", we were listed as part of the top twenty-five (25) in Central Florida for banquet and meeting facilities; and that he had participated in a tour of Seminole County for the Metro Orlando Economic Development Commission and complimented Mr. Randy Stevenson, AICP, ASLA, Director, Community Development Department on his efforts,and added, "He did a great job!" Commissioner Krebs added, "Great job Randy!" CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 8 OF 15 Mr. Don Peterson, 3585 Canal Street, Oviedo, Florida: commented on an Ordinance, Tri-Party Agreement, and stated that the Urban Service Rural Boundary meanders as some property owners wanted in and some did not; and that their objection to the Tri-Party Agreement was because there was no guarantee that the Rural Boundary would be lifted. Mr. Peterson also spoke on actions and considerations by the City of Oviedo, how the retention pond might affect the property, and asked for the City Commission's consideration. Former Winter Springs Commissioner Cindy Gennell who was in attendance was recognized by Mayor Lacey. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department-Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission consider both the Final Engineering Plans and Aesthetic Review for Seven Oaks, subject to specific technical comments issued by the City of Winter Springs Development Review Committee dated August 20,2013. FISCAL IMPACT: The proposed Final Engineering Plan for Seven Oaks lays the groundwork for the development of 138 single-family homes and 2.09 acres of future commercial property fronting Shepard Road. The potential tax revenue of the proposed project is as follows: Fee Simple Single-Family Residential—138 units 138 Units assessed at$245,000=$33,810,000.00 assessed tax value $33,810,000.00/1000=$33,810 $33,810 x(2.4300)=$82,158 $82,158 (less the 4% statutory discount)=$78,871.68 tax revenue Commercial Parcel(2.09 acres) Floor Area Ratio(.20)- 18,200 square feet 18,200 ($110/sq.ft.)- $2,000,000 $2,000,000/1000- $2,000 $2,000 x(2.4300)= $4,860 $4,860(less the 4% statutory discount)=$4,665.60 Total potential tax revenue $83,537.28 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 addition,a yellow sign noting the date and time of the public hearing has been erected on the property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 9 OF 15 RECOMMENDATION: The Community Development Department-Planning Division requests the City Commission approve both the Final Engineering Plans and Aesthetic Review for Seven Oaks, subject to specific technical comments issued by the City of Winter Springs Development Review Committee dated August 20,2013. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department introduced this Agenda Item and reviewed various aspects of the project for the City Commission's consideration and noted, "The Applicant has an approved Permit for relocating approximately twenty-five (25) gopher tortoises which is being conducted this week." Mayor Lacey opened the "Public Input"portion of the Agenda Item. Ms. Cindy Gennell, 706 Meadowbrook Drive, Winter Springs, Florida: as the President of the Wildwood Homes Homeowners Association, Ms. Gennell said that they thought this was the best plan for the property that they have seen, but asked that some kind of a fence be placed on the eastern side of the power line Easement; and that should a fence be built,that it be kept in good repair. Mayor Lacey noted that it would be up to how the City Commission would like to proceed. Mr. Stevenson reviewed the project, buffer, and Easements with the City Commission. Discussion followed on the ownership of the Easement. Mr. Dante Fraiegari, Land Development Manager, Meritage Homes, 5337 Millenia Lakes Boulevard, Suite 160, Orlando, Florida: commented on their project, and said that he understood the request, but did not think any suggested fencing would work with what they had planned. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "I WILL MAKE THE MOTION TO APPROVE ITEM `500',FINAL ENGINEERING AND AESTHETIC REVIEW FOR SEVEN OAKS." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department-Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission consider first reading of Ordinance 2013-09, which proposes: 1) to amend Chapter 16, Signs of the City Code of Ordinances, and 2) to revise the State Road 434 sign regulations set forth in Sections 20-470 and 20-486,and incorporate said regulations into Chapter 16. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 10 OF 15 FISCAL IMPACT: While there is no direct fiscal impact to the City, staff has heard numerous requests from the business community for some flexibility and for additional options for signage. Staff is of the opinion that the proposed new code language will facilitate more diversified development and increase the chance of local businesses remaining viable over the long term because of the signage options provided. Business retention and expansion, along with attracting new businesses,will have a positive fiscal impact to the City's tax base. 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. On July 11, 2013, a City Commission first reading date of July 22, 2013, and a City Commission second reading date of August 12, 2013 was advertised in the Orlando Sentinel. At the request the request of the Planning and Zoning Board at their July 10, 2013 meeting, the revisions were sent back to the Police Department for one additional review. Because of this delay, the advertisement was preserved at the July 22,2013 City Commission meeting by postponing the first reading to a date certain of August 26,2013. RECOMMENDATION: Staff and the Planning &Zoning Board recommend approval of first reading of Ordinance 2013-09,which proposes: 1) amend Chapter 16, Signs of the City Code of Ordinances, and 2) to revise the State Road 434 sign regulations set forth in Sections 20-470 and 20-486,and incorporate said regulations into Chapter 16. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2013-09 by"Title"only. Mr. Bobby Howell, AICP, Planner, Community Development Department presented this Agenda Item and reviewed various aspects related to this topic. Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 11 OF 15 RELATED TO ORDINANCE 2013-09, "MOTION TO MOVE TO SECOND READING". MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department and Code Enforcement Division of Police Department REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Robert Carneal for reduction (partial release) of a Code Enforcement Lien on property located at 443 Alderwood Court. FISCAL IMPACT: The request represents a$76,831.85 reduction in the amount to be collected and credited at this time to the City's General Fund. Because of staffs recommendation for a partial release of the lien,the balance of the lien ($76,831.85) will remain an encumbrance on any and all real or personal property owned by the original violator,Laura Francis. 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 Code Enforcement Division of the Police Department, and the Code Enforcement Board recommend that the City Commission approve a partial release of lien, releasing the property at 443 Alderwood Court from all but$1,034.80 of the original lien. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 12 OF 15 After further consideration of the case and the criteria previously detailed, the Community Development Department is recommending that the partial lien reduction be to an amount no less than $8,651.85,which represents 10% of the original lien amount, plus the City's costs to administer the lien in the amount of $1,034.80, for a total to be paid by the applicant of$9,686.65. The balance of the lien, ($76,831.85) will remain an encumbrance on any and all real or personal property owned by the original violator, Laura Francis. Mr. Stevenson gave an overview of this Case and Agenda Item and noted that Staff was "Recommending a reduction of ninety percent(90%)of the original Lien." Discussion followed on violations related to this property. Chief of Police Kevin Brunelle commented on compliance issues. Attorney Garganese was asked to explain the process and noted, "Under the Code Enforcement Statute, when a Code Enforcement Lien penalty is imposed, it runs against the property and the Violator. So, in this Case, the Violator is long gone, but so the Lien is on the property again and the Violator; and the request is to pay the amount that's in the Agenda and release the property from the Lien, but the outstanding balance of the Lien will remain against the Violator and any other property that the Violator owns, pursuant to the Code Enforcement Law." Discussion followed on Title searches, and that this was bought as an investment property at auction, and that a Title search could have been done. "I MAKE A MOTION TO APPROVE IN ACCORDANCE WITH STAFF'S RECOMMENDATION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Community Development Department and Code Enforcement Division of Police Department REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Michelle Barry for a reduction (partial release) of a Code Enforcement lien on property located at 245 E. Tradewinds Road. FISCAL IMPACT: The request represents an $80,402.10 reduction in the amount to be collected and credited at this time to the City's General Fund. Because of staff's recommendation for a partial release of the lien,the balance of the lien ($80,402.10) will remain an encumbrance on any and all real or personal property owned by the original violators, Sidney and Julie Testerman. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 26,2013 PAGE 13 OF 15 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,the Code Enforcement Division of the Police Department, and the Code Enforcement Board recommend that the City Commission approve a partial release of lien, releasing the property at 245 East Tradewinds Road from all but $3,740.02 of the lien. The balance of the lien ($80,402.10) will remain an encumbrance on any and all real or personal property owned by the original violators, Sidney and Julie Testerman. As part of making this recommendation, staff has considered not only the work to bring the violations into compliance but also the large amount of additional work to upgrade the house as a primary residence. Related to this Agenda Item, Mr. Stevenson presented the Agenda Item and Case for discussion and remarked that this was a homesteaded property and they have invested to date about thirty thousand dollars($30,00.00)bringing this property up to speed." Mr. Stevenson added, "Staff was recommending following the lead of Code Enforcement Board recommending that the Lien be reduced." "I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR LACEY STATED,"SECONDED BY COMMISSIONER CARROLL." DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 602. Office of the City Manager REQUEST: City Manager requesting the Commission to review information regarding the City Manager's annual performance evaluation for the evaluation period ending May 25,2013. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 26,2013 PAGE 14 OF 15 FISCAL IMPACT: Due to budget constraints, City employees were not given merit increases and no funds were allocated for this purpose in FY 2013. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Manager recommends that the City Commission review and utilize the information provided in this agenda item (as well as any other data/information deemed appropriate) for purposes of evaluating and rating the City Manager's performance for the annual review period ended May 25, 2013, via the attached City Manager Evaluation Form or other method the individual Mayor/Commissioner deems appropriate. City Manager Kevin L. Smith spoke briefly on this Agenda Item. No discussion. PUBLIC INPUT Mr. Robert Carneal, 2365 Pine Meadows Place, Chuluota, Florida: commented that he wanted to address Regular Agenda Item"600"and that he was the investor in question; he had purchased the property at auction and missed the Title search and that that was his mistake; and asked about the difference between his situation and the owner referenced in Regular Agenda Item"601". Tape 1/Side B Mr. Don Peterson, 3585 Canal Street, Oviedo, Florida: representing the Eastern Rural Coalition, Mr. Peterson asked where the covered bleachers for the tot lots, tennis courts, parking lot, the two (2) back yards would be situated; that Beacon Street is usable; that there are less wetlands at the intersection of Beacon Street and Florida Avenue, and that the Rural Boundary may not be approved. Furthermore, Mr. Peterson also commented on some matters related to the Developer, development, and the Rural Boundary. Mr. Roberto Gaier, 2220 Orange Street, Oviedo, Florida: representing the Black Hammock Association, Mr. Gaier remarked about Consent Agenda Item "201", breaks to the Rural Boundary, defending the Rural Boundary, and asked the Elected Officials to work with them, and to respect the will of the people. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 26,2013 PAGE 15 OF 15 Ms. Michelle Barry, 245 East Tradewinds Road, Winter Springs, Florida: thanked the City Commission for their assistance with the Lien on her property, and asked about paying the balance of the Lien off. Ms. Cindy Gennell, 706 Meadowbrook Drive, Winter Springs, Florida: commented on the ownership of power line Easements, and Engineering Permits granted to Mr. Dittmer to do work under the power line Easement. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:10 p.m. RESPECTFULLY SUBMITTED: . II Ate:•1; ' NZO-LUACES, MMC CITY C ERK APPROVED: III di,' MAYO' CHARLE'`'' NOTE: These Minutes were approved at the September 9,2013 City Commission Regular Meeting.