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HomeMy WebLinkAbout2014 03 10 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA 4 VIncorporated • 1959 i,1e`'OD wETRJ�� CITY COMMISSION MINUTES REGULAR MEETING MONDAY, MARCH 10, 2014 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434,WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Rick Brown - Seat Two Commissioner Jean Hovey- Seat One Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick- Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 2 OF 18 CALL TO ORDER The Regular Meeting of Monday, March 10, 2014 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 Rick Brown,present Commissioner Jean Hovey, attended via telephone at 5:24 p.m. Commissioner Pam Carroll,present Commissioner Cade Resnick,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. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. 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. 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-MARCH 10,2014 PAGE 3 OF 18 RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. PUBLIC INPUT Mr. Mark Duplantis, 1590 Wrentham Court, Winter Springs, Florida: spoke in support of the purchase of property related to the Southern Oaks project, and asked about the one hundred twenty-five thousand dollars ($125,000.00)amount,the proposed finished floor elevation of the planned new homes, and the approval process. Mayor Lacey suggested that Mr. Duplantis get with our City Planners who could answer his questions. Mr. David Leavitt, 1000 Ridge Pointe Cove, Longwood, Florida: commented about the proposed Sales Tax and thought it was more of a tax for Winter Springs and for the Record that he was against this Sales Tax; and also mentioned the Communications Tax and hoped the City could consider cutting other taxes. CONSENT AGENDA CONSENT 300. Public Works Department REQUEST: The Public Works Department requesting City Commission conditional approval to allow a portion of the stormwater retention facilities for the proposed Southern Oaks single-family subdivision to be located on the adjacent City-owned property used for the Solary Canal Regional Stormwater Treatment Area. FISCAL IMPACT: As compensation for usage of the City property, Taylor Morrison has agreed to a onetime payment to the City in the amount of$125,000, which is to be paid prior to any site clearing or construction within the drainage basin draining to the proposed pond. 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-MARCH 10,2014 PAGE 4 OF 18 RECOMMENDATION: Staff recommends the City Commission approve Taylor Morrison's proposed usage of City property for a dry retention pond,subject to: 1. The pond must meet OFW stormwater treatment criteria with approval by SJRWMD; 2. Payment to the City in the amount of$125,000 prior to any site clearing or construction within the drainage basin draining to the proposed pond; and 3. Incorporating all terms and conditions in a Developer's Agreement to be reviewed and approved by the City Attorney and City Commission No discussion. CONSENT 301. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, February 24, 2014 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, 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 requested to consider and offer their Approval of the Monday,February 24, 2014 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 302. Police Department REQUEST: The Police Chief requests that the City Commission consider adopting Resolution No. 2014-01 approving the Winter Springs Comprehensive Emergency Management Plan-2014. FISCAL IMPACT: There is no fiscal impact associated with this item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 5 OF 18 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 Chief requests that the City Commission consider adopting Resolution No. 2014-01 approving the Winter Springs Comprehensive Emergency Management Plan,2014. No discussion. CONSENT 303. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above,and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. This Agenda Item was not discussed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 6 OF 18 "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. **) AGENDA NOTE: THE FOLLOWING "REPORTS" WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. *4 REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report. REPORTS 401. Office Of The City Manager—Kevin L. Smith City Manager Kevin L. Smith referenced the Police Department's Comprehensive Emergency Management Plan and stated, "I have to compliment the Chief(Kevin Brunelle,Police Department)and the Lieutenant(Matt Tracht, Police Department) on the work that they did there. Previously that was done under our Fire Department but since that time, I had asked the Chief if they would take that on and I just can't say enough about — the outstanding work that both those gentlemen and their team did. So, I just want to take the opportunity to do that." REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC No Report was given. REPORTS 403. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey said noted that he recently attended a Council of Local Governments in Seminole County(CALNO) meeting and that some public attended and spoke on the proposed penny Sales Tax. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 7 OF 18 REPORTS 405. Office of Commissioner Seat Two/Deputy Mayor-The Honorable Rick Brown No Report. REPORTS 406. Office of Commissioner Seat Three-The Honorable Pam Carroll No Report was given. REPORTS 407. Office of Commissioner Seat Four-The Honorable Cade Resnick Commissioner Cade Resnick commented on Economic Development and that he had not seen any report recently, and asked about bringing it more into focus. Manager Smith stated, "Our efforts are as aggressive and more than they've ever been." Furthermore, Manager Smith added, "Randy (Stevenson, ASLA, AICP, Director, Community Development Department) and his team have stepped in and done as good a job if not the best job that we've had thus far and hopefully, we'll see the fruits of that labor in short order." Commissioner Jean Hovey joined the meeting via telephone at 5:24 p.m. REPORTS 404. Office of Commissioner Seat One-The Honorable Jean Hovey Commissioner Hovey spoke briefly. REPORTS 408. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs Commissioner Krebs commented on the Police Department's work and added,"Good job!" PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Police Department—Code Enforcement Division REQUEST: The Police Department Code Enforcement Division requests that the City Commission adopt on Second and Final Reading Ordinance 2014-06,which proposes to amend Chapter 12-65,On Street Parking,of the City Code of Ordinances. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 8 OF 18 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: The Police Department recommends the Commission adopt Ordinance 2014-06 on Second and Final Reading. City Attorney Anthony A.Garganese read Ordinance 2014-06 by"Title"only. Mayor Lacey opened the "Public Input"portion of the Agenda Item. Mr. Kevin Cannon, Post Office Box 1 501, Orlando, Florida: said he was the spokesperson for the Tuscawilla Homeowners Association and they were asking that the City Commission consider their prior request of a one (1) year pilot program. Mayor Lacey closed the "Public Input"portion of the Agenda Item. RELATED TO ORDINANCE 2014-06, "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER CARROLL: NAY MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission approve second and final reading of Ordinance 2013-11,which proposes to amend the City's regulations regarding off-premises signs, commonly referred to as billboards. (This Ordinance went to the Planning and Zoning Board/Local Planning Agency in 2013,as Ordinance 2013-11.) CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 9 OF 18 FISCAL IMPACT: While there is no direct fiscal impact to the City, staff is of the opinion that the proposed new code language will facilitate more diversified and aesthetically pleasing advertising options in the US 17-92 corridor. These options may increase the advertising potential of local businesses and possible the City. The signs also represent increased visibility for public service and emergency announcements. 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 the City Commission approve second and final reading of Ordinance 2013-11, which proposes to amend the City's regulations regarding off-premises signs located in the US 17-92 corridor, commonly referred to as billboards. Staff would also recommend that the two signs referenced in the Planning and Zoning Minutes of September 4, 2013 be addressed as a separate text amendment proposal as these signs are contextually different than those along the US 17-92 Corridor and are also tied to the Greeneway Interchange District and the proposed "Icon" signage along SR 417. Ordinance 2013-11 was read by Attorney Garganese by"Title"only. Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. IN TERMS OF ORDINANCE 2013-11, "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 10 OF 18 PUBLIC HEARINGS 502. Office of the City Attorney REQUEST: The Office of the City Attorney requests that the City Commission consider adopting Ordinance No. 2014- 08 re-conveying title to Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 back to Wayne P. Reece because the previously donated Lots are not needed for use and maintenance as a park as originally intended. FISCAL IMPACT: If the City Commission decides to re-convey the Property to Mr. Reece, there are nominal incidental costs associated with recording the conveyance deed. However, the City will no longer have maintenance responsibilities for the Property. In addition,if re-conveyed,the Property will go back on the City tax rolls and be subject to applicable 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 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 recommends that the City Commission approve second and final reading of Ordinance No. 2014-08 re-conveying title to Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 back to Wayne P.Reece because the previously donated Lots are not needed for use and maintenance as a park as originally intended. Ordinance 2014-08 was read by"Title"only by Attorney Garganese. Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. RELATED TO ORDINANCE 2014-08, "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 11 OF 18 PUBLIC HEARINGS 503. Office of the City Manager REQUEST: The City Manager and City Attorney request that the City Commission consider adopting Ordinance No. 2014-07 granting a new franchise to Duke Energy Florida, Inc. for a term of 10 years to provide electric utility service within the City of Winter Springs. FISCAL IMPACT: The Ordinance maintains a franchise fee of six percent (6%) on "base revenue" which Duke Energy receives from certain customers within the jurisdictional limits of the City. Duke Energy then spreads the franchise fee paid to the City across their entire customer base within the jurisdictional limits of the City in accordance with Public Service Commission regulations. Under the proposed Ordinance, the definition of "base revenue" is modified to include industrial customers and City sponsored street lighting. Further, ad valorem taxes paid to the City by Duke Energy will no longer be deducted from the franchise fee amount owned the City. Based on historical customer data, this modification results in an increase of base revenues as defined in the Ordinance. When the six percent franchise fee is calculated on the increased base revenue amount and the ad valorem tax off-set is eliminated, the City anticipates that the gross franchise fee paid to the City by Duke Energy will increase by approximately $6,000 per month/$72,000 per year. However,the gross franchise fees collected by the City are off-set by the amount of franchise fees that the City actually pays on its electric utility invoice due to the collection method utilized by the electric utility to proportionately spread the franchise fee required to be paid to the City over the entire electric utility customer base within the City including the City. Further, the actual franchise fee amount paid is subject to actual energy usage by customers within the City which has been on a significant downward trend for several years. 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 and City Attorney recommend that the City Commission approve first reading of Ordinance No. 2014-07 granting a new ten (10) year franchise to Duke Energy Florida, Inc. to provide electric utility service within the City of Winter Springs. Mayor Lacey asked, "Is there a Motion to read by `Title' only?" "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read the Ordinance by"Title" only. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 12 OF 18 Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. MOTION TO APPROVE AND MOVE ORDINANCE 2014-07 TO SECOND READING. MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing for First Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning for approximately 5.22 acres, generally located north of State Road 434,west of Deleon Street as described within Ordinances 2014-01 and 2014-02. FISCAL IMPACT: The proposed Small-Scale future land use amendment, which re-designates the property from Seminole County "Rural-3" to City of Winter Springs "Low Density Residential"with a Conservation Overlay,will provide additional taxable value to the City because this parcel serves as both open space and retention for the proposed Southern Oaks development. The subject parcels are conducive to existing low density residential development. The proposed stormwater retention pond and recreational uses designated for this site are consistent with the Tri-Party Agreement between the City of Winter Springs, Seminole County, and the property owner, and it has been determined to be the highest and best use of the subject property and represents a redevelopment of the 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. Adjacent property owners have been notified by US mail and 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-MARCH 10,2014 PAGE 13 OF 18 RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of both the Small- Scale Future Land Use Map Amendment (Ordinance 2014-01) and Rezoning (Ordinance 2014-02) for approximately 5.22 acres, generally located north of State Road 434, west of Deleon Street as described within Ordinances 2014-01 and 2014-02. "MOTION TO READ BY `TITLE' ONLY." MAYOR LACEY REMARKED, "MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR BROWN." DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese spoke on this Agenda Item and then read Ordinance 2014-01 and then Ordinance 2014-02 by "Title"only. Mayor Lacey opened the "Public Input"portion of the Agenda Item. Ms. Heather M. Himes, Akerman L.L.P., 420 South Orange Avenue, Orlando, Florida: noted that she was here on behalf of the Applicant and said,"We are in support of the Staff." Mayor Lacey closed the "Public Input"portion of the Agenda Item. RELATED TO APPROVAL OF THE FIRST READING OF ORDINANCE 2014-01 AND ORDINANCE 2014-02, "MOTION TO APPROVE." MOTION BY COMMISSIONER CARROLL. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a public hearing to consider First Reading of Ordinance 2014-03, which proposes to voluntarily annex one parcel totaling approximately 3.08 acres, generally located north of State Road 434, 1,000 feet west of the State Road 419 intersection. FISCAL IMPACT: The voluntary annexation of the property is for future office development at said location. The surrounding area is generally characterized by commercial uses in Seminole County and the City of Winter Springs. Development of the subject property is anticipated to provide an increase to the City's taxable value.A detailed Fiscal Impact Report will be performed once the development details are known. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 14 OF 18 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, 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. Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on February 10, 2014. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: The Community Development Department—Planning Division requests that the City Commission hold a public hearing to consider First Reading of Ordinance 2014-03, which proposes to voluntarily annex one parcel totaling approximately 3.08 acres, generally located north of State Road 434, 1,000 feet west of the intersection of SR 434 and State Road 419. MOTION TO READ BY "TITLE" ONLY. MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2014-03 by"Title"only. Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. ON APPROVING THE FIRST READING OF ORDINANCE 2014-03, "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 15 OF 18 PUBLIC HEARINGS 506. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning for approximately 3.08 acres, generally located north of State Road 434, 1,000 feet west of the intersection of SR 434 and State Road 419 as described within Ordinances 2014-04 and 2014-05. FISCAL IMPACT: The proposed Small-Scale future land use amendment, which re-designates the property from Seminole County "Suburban Estate (SE)" to City of Winter Springs "Commercial",will provide additional taxable value to the City. The subject property is compatible with existing commercial and medium density residential development. Future office development designated for this property would be consistent with the City's determination of the highest and best use of the subject property and represents a redevelopment of the 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. Adjacent property owners have been notified by US mail and a yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning for approximately 3.08 acres, generally located north of State Road 434, 1,000 feet west of the intersection of State Road 434 and State Road 419 as described within Ordinances 2014-04 and 2014-05. Mayor Lacey asked, "Motion to read by `Title' only?" "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinances 2014-04 and then Ordinance 2014-05, both by"Title"only. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MARCH 10,2014 PAGE 16 OF 18 Mayor Lacey opened the "Public Input"portion of the Agenda Item. Mr. Kevin Cannon, Post Office Box 1501, Orlando, Florida: said he hoped the Commission was "Looking and planning ahead in the event the Constitutional Amendment is passed for the cannabis sales so that the location within my City is carefully considered and planned for by the Commission, before proprietary rights and leasehold interests and so forth are developed." Mayor Lacey closed the "Public Input"portion of the Agenda Item. RELATED TO APPROVING THE FIRST READING OF ORDINANCES 2014-04 AND ORDINANCE 2014-05, `MOTION TO APPROVE." MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Public Works Department REQUEST: The Public Works Department requesting City Commission approval of an Interlocal Agreement with Seminole County, the School Board of Seminole County, and all municipalities in Seminole County pertaining to the shared distribution and use of a proposed one-cent local government infrastructure sales tax. FISCAL IMPACT: If the proposed infrastructure sales tax is approved by Seminole County voters in May 2014, the net revenue to the City over the 10-year implementation period is estimated to be$19 million. 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-MARCH 10,2014 PAGE 17 OF 18 RECOMMENDATION: Staff recommends the City Commission approve the Interlocal Agreement and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. Mr.Brian Fields,P.E., City Engineer,Public Works Department gave a brief presentation on this Agenda Item. Commissioner Krebs remarked that the Agenda Item was asking for passage of the Interlocal Agreement and that she was not saying at this time whether she agreed or disagreed with the proposed tax. "I WOULD LIKE TO MAKE A MOTION THAT WE IN FACT APPROVE THE INTERLOCAL AGREEMENT FOR DIVISION OF THE MONEY SHOULD THE TAXPAYERS DECIDE THEY WANT THE TAX." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. DEPUTY MAYOR RICK BROWN NOTED HIS OPPOSITION TO THIS TAX IN GENERAL AND DID NOT THINK EVERYONE UNDERSTOOD THAT IT WAS NOT A WINTER SPRINGS TAX. DEPUTY MAYOR RESNICK SPOKE FOR THE RECORD THAT HE HOPED TO HEAR FROM THE SCHOOL BOARD AS TO WHETHER THEY WOULD DROP THE MILLAGE; TO WHICH MANAGER SMITH MENTIONED THAT HE HAD ASKED ABOUT THIS A NUMBER OF TIMES. DEPUTY MAYOR RESNICK THEN ADDED THAT THIS WAS A COUNTY ISSUE. COMMISSIONER KREBS COMMENTED THAT SHE AGREED WITH HER FELLOW COMMISSIONERS' COMMENTS,AND THAT IT WAS UP TO THE TAXPAYERS AS TO WHETHER THEY PASS THIS PROPOSED TAX. COMMISSIONER PAM CARROLL SAID SHE HAD RECENTLY HAD A CONVERSATION WITH SEMINOLE COUNTY'S CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS ROBERT DALLARI, AND SUGGESTED THE INTERLOCAL AGREEMENT BE ADJUSTED AS THE SCHOOL BOARD GETS TWENTY-FIVE PERCENT (25%) OF THE PROPOSED TAX, IN ADDITION TO THEIR MILLAGE RATE. MAYOR LACEY REMARKED, "WHEN I FIRST HEARD OF THIS TAX COMING TOGETHER, I WAS AT A MEETING WHERE THE SUPERINTENDENT OF THE SCHOOLS SAID, OR WHAT I BELIEVE I HEARD HIM TO SAY, WAS THAT IF THIS PASSED, THEY CONSIDERED IT A FAIR EXCHANGE TO REDUCE THEIR MILLAGE THAT IS APPROVED FOR THREE (3) MORE YEARS DOWN TO ZERO (0), BECAUSE THAT WOULD ONLY BE THREE (3) YEARS WORTH OF REVENUE VERSUS IF THE SALES TAX PASSES,THERE WOULD BE TEN(10)YEARS WORTH OF REVENUE." COMMISSIONER KREBS THOUGHT THAT THE SCHOOL BOARD SHOULD LIVE UP TO WHAT THEY SAY AND AGREED WITH WHAT MAYOR LACEY JUST SAID. COMMISSIONER CARROLL ADDED THAT SHE HAD ASKED CHAIRMAN DALLARI WHY THEY DID NOT HAVE A BOOTH AT A RECENTLY HELD LOCAL EVENT WITH MARKETING INFORMATION/COSTS ON THE REFERENDUM, TO WHICH CHAIRMAN DALLARI SAID THEY DID NOT HAVE ANY INFORMATIONAL BROCHURES YET. COMMISSIONER CARROLL THEN SAID THAT SHE WAS NOT IN SUPPORT OF HOW THE PROPOSED SALES TAX HAD BEEN HANDLED THUS FAR. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—MARCH 10,2014 PAGE 18 OF 18 DISCUSSION FOLLOWED ON WHAT WOULD HAPPEN IF WE DID NOT PROVIDE INFORMATION RELATED TO HOW WINTER SPRINGS WOULD ALLOCATE FUNDS AND THE INTERLOCAL AGREEMENT, AND WHETHER WINTER SPRINGS WOULD THEN STILL BE ABLE TO RECEIVE SOME OF THE FUNDING. COMMISSIONER KREBS THEN SPOKE ON THE COMMUNICATIONS TAX AND THAT IT COULD POSSIBLY BE DECREASED. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Tape 1/Side B PUBLIC INPUT No one addressed the Mayor and City Commission at this time. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:02 p.m. RESPECTFULLY SUBMITTED: is 6 RED !Sw+LUACES,MMC APPROVED: 4# NOTE: These Minutes were approved at the March 24,2014 City Commission Regular Meeting.