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HomeMy WebLinkAbout2015 02 23 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA 44‘NTER 04 s ti i- ilt& G) U Incorporated 19 • 1959 • /ti%D we lR`) CITY COMMISSION MINUTES REGULAR MEETING MONDAY, FEBRUARY 23, 2015 - 5:15 P.M. 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 Kevin Cannon- Seat Two Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick - Seat Four CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 2 OF 17 CALL TO ORDER The Regular Meeting of Monday, February 23, 2015 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 Joanne M. Krebs, absent Commissioner Jean Hovey, present Commissioner Kevin Cannon, 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. Regarding the Agenda and whether there were any Agenda Changes, Mayor Lacey asked the City Commission, "Is there any objection to adopting the Agenda as presented?" Commissioner Jean Hovey stated, "No." With no objections,Mayor Lacey noted, "Hearing none, it will stand as adopted." Brief comments followed. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Police Department REQUEST: Helpful Hands, Inc. presenting a donation to the City of Winter Springs to be used for at-risk youths to attend Winter Springs Summer Camp. Chief of Police Kevin Brunelle, Police Department spoke about how the Helpful Hands, Inc. donation will help local at-risk youth and the Mayor and City Commission extended their thanks and appreciation. INFORMATIONAL AGENDA INFORMATIONAL 200. Community Development Department REQUEST: The Community Development Department is advising the City Commission of the status of various development projects within the City. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 3 OF 17 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. PUBLIC INPUT Mayor Lacey referenced Regular Agenda Item"601"and"Public Input". Mayor Lacey opened "Public Input". Mr. Ed Pelczar, 1014 West Pebble Beach Circle, Winter Springs, Florida: said he was authorized to speak on behalf of the Country Club Village Homeowner's Association and that he was the Homeowner's Association President at the time of the issue noted in Regular Agenda Item "601". Mr. Pelczar reviewed some of the factors in this situation including consulting with Arborists who said the trees were diseased, protecting the nearby citizens in the event of a hurricane, that they applied for a Permit to remove damaged trees, and commented on getting the damaged trees removed. Mr. Pelczar added, "We have never refused to revitalize the area" and mentioned concerns with funds,preparing the ground area, and what they may plant instead. Ms. Joann Mattie, 685 Fortrose Drive, Winter Springs, Florida: commented on 300 possible new apartments that might be built near the Town Center and asked where the people would park; and related to potential commercial use on the ground floor,Ms. Mattie mentioned vacant business space available elsewhere, and asked where would children of new tenants play and whether a new school would be needed, has any property been set aside for such needs, and asked if the new apartments owner would do background and criminal checks for potential new tenants. Mr. Bill Dehlinger, 1601 Tiverton Street, Winter Springs, Florida: thanked and complimented Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department and Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department for their attendance at an Economic Development/Government Affairs Committee meeting and for the in-depth information they provided. Mr. Bill Dehlinger added,"As an example of City employees,they're great, so I just want to say thank you." Mayor Lacey closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 4 OF 17 CONSENT AGENDA CONSENT 300. Police Department REQUEST: The Police Department requests approval of the Commission to purchase twelve (12) new Panasonic "Toughbook 53" computers for use by officers of the police department. These computers will replace existing equipment which is reaching serviceable life for operations in the field. The computers are requested to be purchased through GovDirect, selected as the vendor via City purchasing policies and procedures,and will total$38,775. FISCAL IMPACT: Recent market changes have significantly reduced the cost of fuel. Consequently, there is a sizable and favorable variance in the Police Dept. fuel budget which would be utilized to fund this project. In short, funding will not require additional appropriation from the General Fund. 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 the purchase of twelve (12) new Panasonic "Toughbook 53" computers from GovDirect totaling$38,775. This Agenda Item was not discussed. CONSENT 301. Police Department REQUEST: The Police Department requests the Commission to accept a donation in the amount of $2,800.00 from Helpful Hands, Inc. for the purpose of sponsoring two or more children to attend the City of Winter Springs Summer Camp. FISCAL IMPACT: There will be no cost impact to the General Fund; conversely, a positive impact will be realized in the General Fund by accepting these donations. There are no matching funds required of the City for this acceptance. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 5 OF 17 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 the acceptance of the donation from The Helpful Hands Inc, totaling $2,800.00, for purposes of sponsoring youths in our community to attend the City of Winter Springs summer camp and to authorize the City Manager to execute and approve all documents associated with this item. No discussion. CONSENT 302. Public Works Department-Urban Beautification Division REQUEST: The Public Works Department, Urban Beautification Division,requests that the City Commission approve the application of Bruce Hansen to remove (1) specimen sugarberry tree from his property at 140 E Bahama Rd. The resident seeks removal due to the size and close proximity of the tree and it's roots to his home and septic system. FISCAL IMPACT: If this request is approved, the applicant will pay a $25 arbor permit fee to the Arbor Fund (110) and be required to install(4)replacement credits worth of trees. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 6 OF 17 RECOMMENDATION: Staff recommends that the City Commission approve the request of Bruce Hansen to remove (1) specimen sugarberry tree from his property at 140 E Bahama Road. Staff finds the tree to be an extraordinary circumstance and a cause for hardship in the future as referenced in Section 5-8(b) of the Arbor Ordinance. There was no discussion on this Agenda Item. CONSENT 303. Public Works Department-Urban Beautification Division REQUEST: The Public Works Department, Urban Beautification Division, asks that the City Commission approve the request of Cheryl Robertson to remove (1) 26" specimen sweetgum tree from her property at 318 Macgregor Rd. The resident has expressed concern due to the lean, decline, as well as damage the tree roots have caused to her driveway, FISCAL IMPACT: If this request is approved, the applicant will pay a $25 arbor permit fee to the Arbor Fund (110) and be required to install(4) replacement credits worth of trees. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the request of Cheryl Robertson to remove (1) specimen sweet gum tree from her property at 318 Macgregor Rd. as required in Section 5-8(b) of the Arbor Ordinance. No discussion. CONSENT 304. Public Works Department-Urban Beautification Division REQUEST: The Public Works Department, Urban Beautification Division, asks that the City Commission approve the request of Lee Lindsay to remove (1) specimen sweetgum tree from his property at 1601 White Cloud Court.The resident has expressed concern with the proximity of the tree to house and pool as well as the numerous amount of seeds produced every year which are causing damage to his pool screen and are harmful when walking around in his backyard. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 7 OF 17 FISCAL IMPACT: If this request is approved, the applicant will pay a $25 arbor permit fee to the Arbor Fund (110) and be required to install(4)replacement credits worth of trees. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the request of Jessica Samaroo to remove (1) specimen sweet gum tree from her property at 1601 White Cloud Court based on staff finding the existing damage to the screen porch as an extraordinary circumstance or hardship as referenced in Section 5-8(b) of the Arbor Ordinance. This Agenda Item was not discussed. CONSENT 305. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, February 2, 2015 City Commission Attorney-Client Session 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 8 OF 17 RECOMMENDATION: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday,February 2,2015 City Commission Attorney-Client Session Minutes. No discussion. CONSENT 306. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, February 9, 2015 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 Clerk is requesting the City Commission review and consider offering their Approval of the Monday,February 9,2015 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE COMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 9 OF 17 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 offered his thanks to Mr. Chris Caldwell, Director, Parks and Recreation Department and his Staff for the super job they did with the Babe Ruth Opening Day event this past weekend, and noted that he thought the fields looked great. Mayor Lacey added, "The Parks as usual did us proud." REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC No Report was given. REPORTS 403. Office of Commissioner Seat Five/Deputy Mayor-The Honorable Joanne M.Krebs Absent. REPORTS 404. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey also thanked Mr. Caldwell and mentioned he agreed with what Manager Smith had said. REPORTS 405. Office of Commissioner Seat One-The Honorable Jean Hovey Commissioner Hovey additionally offered her appreciation to Mr. Caldwell and thought the new shade structures and bleachers were great, and added, "Thank you!" CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 10 OF 17 REPORTS 406. Office of Commissioner Seat Two-The Honorable Kevin Cannon Commissioner Kevin Cannon congratulated Mayor Lacey on his great pitches and also agreed that the bleachers were a great improvement. Next, Commissioner Cannon noted that he recently attended a Ribbon Cutting Ceremony for Seminole County Public Schools' "Families in Transition" program and had some brochures for the City Commission. Lastly, Commissioner Cannon remarked that on Thursday, March 12, 2015 at 6:30 p.m., he will be holding a Constituent's meeting here in the Commission Chambers to address the recent decision on Pollack Shores and anything else of interest. Commissioner Cannon mentioned that City Staff would also be in attendance to address any technical matters; and a formal announcement would be sent out shortly. REPORTS 407. Office of Commissioner Seat Three- The Honorable Pam Carroll Commissioner Pam Carroll also thought the Babe Ruth Opening Day event turned out great and said, "Well done." Secondly, regarding Commissioner Cannon's Constituent's meeting, Commissioner Carroll confirmed with Commissioner Cannon that Mayor Lacey and the other Commissioners would not be able to attend due to the Sunshine Law; and Commissioner Carroll noted that it was not because the other Commissioners do not care, simply that only one Commissioner(Cannon)could be in attendance. REPORTS 408. Office of Commissioner Seat Four-The Honorable Cade Resnick Commissioner Cade Resnick also mentioned this weekend's Babe Ruth Opening Day event and offered his appreciation to Mr. Caldwell and Staff. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department-Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission consider Resolution 2015-07, which proposes vacation of a 3,071 square foot portion of a platted greenbelt, drainage,and utility easement located at 725 Bear Creek Circle in the Bear Creek Estates subdivision. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 11 OF 17 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 legal classified section of the Orlando Sentinel on February 17,2015. RECOMMENDATION: The Community Development Department - Planning Division requests the City Commission approve Resolution 2015-07, which proposes vacation of a 3,071 square foot portion of a platted greenbelt, drainage, and utility easement located at 725 Bear Creek Circle in the Bear Creek Estates subdivision. Mr. Bobby Howell, AICP, Planner, Community Development Department introduced this Agenda Item and commented on the proposed Resolution 2015-07,which the City Commission is being asked to consider. Brief comments followed. Mayor Lacey opened "Public Input". No one spoke Mayor Lacey closed "Public Input". "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department-Planning Division REQUEST: Pursuant to Section 16-77 of the City Code,the Community Development Department,Planning Division is requesting the City Commission consider approval of a Digital Billboard Conversion Agreement, between the City of Winter Springs and Dittmer Properties, Inc, and Walt Dittmer and Sons,Inc.,which will allow the conversion of a legally non-conforming billboard into a digital billboard with electronic message display technology on real property located along U.S. 17-92 within the Redevelopment Area. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 12 OF 17 FISCAL IMPACT: There is no negative fiscal impact associated with this agenda item. However, the approval of the Digital Billboard Conversion Agreement will have a financial benefit to the City by affording free public advertisement opportunities on the proposed new digital billboard. 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: Pursuant to Section 16-77 of the City Code,the Community Development Department,Planning Division is requesting the City Commission consider approval of a Digital Billboard Conversion Agreement, between the City of Winter Springs and Dittmer Properties, Inc, and Walt Dittmer and Sons,Inc.,which will allow the conversion of a legally non-conforming billboard into a digital billboard with electronic message display technology on real property located along U.S. 17-92 within the Redevelopment Area. This Agenda Item was presented by Mr. Howell also and discussion ensued on whether residents in the area might be able to see the signage, proximity to homes, City Code, commercial buildings nearest this sign, and that this was the first electronic billboard in the City. Commissioner Resnick mentioned, "When we were talking about the original billboard being replaced, there is also a beautification portion that was going to be added to that location. With us removing that billboard, are we going to just leave flat ground there or are we going to still beautify that as an entry into the Highlands?" Mr. Howell responded, "There is nothing in the agreement that would talk about that." As to whether there might be Community Redevelopment Agency(CRA) funds and as the Dittmer's own the land and the property in Winter Springs, Commissioner Carroll suggested,"We could possibly look at it." Mayor Lacey opened "Public Input". Mr. Richard McHugh, 1811 Oakbrook Drive, Longwood, Florida: noted he was representing the Dittmer's and said,"The way that the billboard is going to be positioned, it's going to be v'd, it's not going to be a flat billboard; so, it's going to be aimed at the traffic on the highway, so it will be aimed this way." Mr. McHugh added, "I'm quite certain,that it's not going to be aiming in the direction of where the residents are. And the reason we had to move it was those are high transmission wires and the utility companies were completely against us doing anything, and bringing in any equipment, because we need cranes to actually do the installations and they were totally against us doing anything there; and that came to our attention after our meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 13 OF 17 As it relates to the beautification of the area, there already has been a lot of plantings along Shepard Road—I am sure that I can work with the Dittmer's to do something a little bit more special in that area for you Commissioner Resnick, because we did talk about that." Mayor Lacey closed"Public Input". "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MAYOR LACEY NOTED,"MOTION TO APPROVE THE CONVERSION AGREEMENT." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: NAY COMMISSIONER CARROLL: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Angel and Jacqueline Carrero for a reduction (partial release)of a Code Enforcement lien on property located at 204 South Moss Road. FISCAL IMPACT: The City would receive a minimum of$10,000 for the partial release of the lien. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 23,2015 PAGE 14 OF 17 RECOMMENDATION: The Community Development Department,the Code Enforcement Division of the Police Department, and the Code Enforcement Board recommend that the City Commission conditionally approve the partial release of the code enforcement lien on property located at 204 South Moss Road, subject to the following terms and conditions: 1. The conditional approval of the lien reduction shall be contingent upon the current owner producing a willing buyer who intends to homestead the property. 2. The conditional approval of the lien reduction request shall expire within ninety (90) days of the City Commission's approval unless the City Manager agrees, in writing, to extend the time permitted for closing to accommodate a delay for good cause shown. 3. The applicant submit a check made payable to the City of Winter Springs in the minimum amount of$10,000.00. 4. The applicant submit a check made payable to the City of Winter Springs in the amount of $36.06 to cover the amount of the outstanding utility bill. 5. The property continue to remain code compliant through any pending sale. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department reviewed some of the details from the Agenda Item and noted "There are some conditions on this one: First of all, the conditional approval of the Lien will be contingent upon the current owner producing a willing buyer who intends to homestead the property; the conditional approval of the Lien reduction request will expire ninety (90) days from the day of the City Commission's approval unless the City Manager agrees, in writing to extend the time permitted for closing to accommodate a delay for good cause shown; the Applicant will submit a check made payable to the City of Winter Springs in the amount of ten thousand dollars ($10,000.00); the Applicant will also submit a check to the City of Winter Springs made payable in the amount of thirty-six dollars and six cents ($36.06)to cover the amount of the outstanding utility bill; and the property must remain Code compliant through the pending sale." Discussion ensued. Tape 1/Side B Comments followed as to whether the buyer had Title Insurance. "I MAKE A MOTION TO DENY IT." MOTION BY COMMISSIONER CANNON. CITY ATTORNEY ANTHONY A. GARGANESE NOTED, "THE COMMISSION CERTAINLY COULD DENY THE SPECIFIC REQUEST AND MAKE AN ALTERNATIVE MOTION." COMMISSIONER CANNON ADDED, "I WOULD LIKE TO GET THE DOLLARS DRILLED DOWN BECAUSE I FOUND THE SAME DISCREPANCY THAT COMMISSIONER RESNICK DID, IN TERMS OF JUST LOOKING AT COMPARABLE PROPERTIES." SECONDED BY COMMISSIONER HOVEY WHO SAID, "IF WE CAN ADD IN THERE, THAT IT COMES BACK WITH MORE INFORMATION." COMMISSIONER CANNON ADDED, "YES—THAT WAS MY INTENTION." DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 15 OF 17 MAYOR LACEY SUMMARIZED THE MOTION STATING,"WE HAVE GOT A MOTION THAT HAS BEEN SECONDED TO DENY IT AND IMPLICIT IN THAT MOTION IS THAT ONCE IT IS DENIED, THEN THERE IS ROOM FOR STAFF TO COME BACK WITH AN ALTERNATIVE RECOMMENDATION." COMMISSIONER CARROLL AGREED WITH COMMISSIONER HOVEY THAT MORE INFORMATION IS NEEDED. FURTHER COMMENTS FOLLOWED ON BEING CONSISTENT. COMMISSIONER RESNICK SUGGESTED THAT BEFORE COMING BACK TO THE CITY COMMISSION, "WHAT I WOULD LIKE TO GET IS A COMPLETE PROFILE AND THEIR RESPONSE AS WELL, BUT IT MAY BE MORE THAN ONE (1) OR TWO (2) MEETINGS BEFORE WE SEE THIS AND I ONLY ASK THAT BECAUSE WHEN WE COME TO THAT NEXT DECISION, IT MAY BE TEN PERCENT (10%),BUT IT MAY BE THE FULL THREE HUNDRED AND TWENTY- SEVEN THOUSAND [DOLLARS] ($327,000.00)." COMMISSIONER RESNICK ADDED, "I REALLY WANT IT TO BE FAIR AND JUST, ESPECIALLY IF THEY STILL KEEP IT AS A RENTAL PROPERTY FOR HOWEVER LONG THEY NEED TO." MANAGER SMITH MENTIONED, "I DON'T THINK IT WOULD BE UNREASONABLE TO HAVE THIS NOT COME BACK UNTIL THEY HAVE A WILLING BUYER THAT IS WILLING TO HOMESTEAD THE PROPERTY." COMMISSIONER CANNON NOTED, "THAT WOULD HELP ALSO WITH IT IF IT IS A TRUE ARM'S LENGTH TRANSACTION, THAT WILL HELP YOU WITH FIGURING OUT WHAT THE REAL FAIR MARKET VALUE IS." ATTORNEY GARGANESE THOUGHT THE MOTION COULD BE MODIFIED AND MENTIONED THERE WAS A TIME FRAME BEFORE THIS COULD COME BACK TO THE CITY COMMISSION, IF DENIED. ATTORNEY GARGANESE SUGGESTED THAT THE CITY COMMISSION MAY WANT TO "MODIFY THE MOTION TO DENY THE REQUEST WITH A CONDITION THAT IF THERE'S A - BONIFIDE BUYER FOR HOMESTEAD PURPOSES THEN THE COMMISSION WOUD ENTERTAIN A REDUCTION APPLICATION AT THAT TIME." COMMISSIONER CANNON STATED, "I AGREE TO MODIFY THE MOTION ACCORDINGLY." MAYOR LACEY SAID, "IF THERE IS NO OBJECTION FROM THE COMMISSION, WE WILL VOTE ON THE MOTION MODIFIED PER THE ATTORNEY'S SUGGESTION. DO I HAVE UNANIMOUS CONSENT FOR THAT MODIFICATION TO THE MOTION?" COMMISSIONER HOVEY STATED,"YES." ALL COMMISSIONERS NODDED IN AGREEMENT. COMMISSIONER CANNON THEN REMARKED, "I ALSO WANT TO SEE SOME REALISTIC VALUATION INFORMATION WHEN THEY COME BEFORE US. I THINK WE SHOULD HAVE AT LEAST SOME..." MR. STEVENSON ASKED, "...YOU DON'T WANT TO SEE THAT INFORMATION UNTIL IT COMES BACK TO YOU AS AN AGENDA ITEM, BUT AS PART OF THAT AGENDA ITEM." COMMISSIONER HOVEY STATED, "CORRECT." MAYOR LACEY CONFIRMED,"YES." VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-FEBRUARY 23,2015 PAGE 16 OF 17 REGULAR 601. Office of the City Attorney REQUEST: The Office of the City Attorney requests that the City Commission, acting in its appellate capacity under Chapter 5 of the City Code (Tree Protection and Preservation), consider an appeal of an "adversely affected party" who alleges that the City Manager's decision to uphold City Arbor Permit Number 201402136 is not in compliance with the requirements of Chapter 5 of the City Code. FISCAL IMPACT: There is no direct financial impact to the City as a result 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 Attorney requests that the City Commission, acting in its appellate capacity under Chapter 5 of the City Code (Tree Protection and Preservation), consider the appeal of Ms. Guernsey regarding City Arbor Permit Number 201402136 and determine whether the decision of the City Manager should be affirmed,modified consistent with the requirements of the City Code,or overturned. Mayor Lacey opened the Agenda Item up and then Attorney Garganese followed by saying, "The City Commission is serving in an Appellate capacity, not for purposes of conducting a new Hearing but to review the record that Staff and the City Manager had before them." Ms. Pat Guernsey, 1103 Winged Foot Circle East, Winter Springs, Florida: addressed the City Commission on this Case. Discussion. Manager Smith spoke to the City Commission on his review of the Case and the decision he made. Further comments. Mayor Lacey said to Ms Guernsey, "Do you have anything else you wish to offer?" Ms. Guernsey stated, "No." Mayor Lacey remarked, "Let the Record show that the Appellant answered in the negative." "MOTION TO UPHOLD THE DECISION OF THE CITY MANAGER." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION FOLLOWED ON THE CASE, CITY CODE, A CIVIL SITUATION, AND HOMEOWNER'S ASSOCIATIONS. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—FEBRUARY 23,2015 PAGE 17 OF 17 VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. PUBLIC INPUT No one addressed the Mayor and City Commission. In other City business, Commissioner Carroll mentioned the City's upcoming Arbor Day event which would probably include a tree giveaway and should be noted in the City's Newsletter. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:32 p.m. RESPECTFULLY SUBMITTED: .AND' TORENZO-LUACES, MMC CITY CLERK APPROVED: i MAY• ' CHARLES --A eta ' NOTE: These Minutes were Approved at the March 9,2015 City Commission Regular Meeting.