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HomeMy WebLinkAbout2016 02 22 Consent 303 Unapproved Minutes from the February 8, 2016 Regular MeetingCOMMISSION AGENDA ITEM 303 February 22, 2016 Informational Consent X Public Hearings Regular ALLL Regular Meeting City Manager Department REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, February 8, 2016 City Commission Regular Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and /or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Unapproved Minutes from the Monday, February 8, 2016 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk for the Approval by the City Commission. Consent 303 PAGE 1 OF 2 - February 22, 2016 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 8, 2016 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, February 8, 2016 City Commission Regular Meeting Minutes (27 pages) Consent 303 PAGE 2 OF 2 - February 22, 2016 Attachment "A" O� S � Ga Incorporated • 1959 • Q00 WE'CR�S,C CITY COMMISSION MINUTES REGULAR MEETING MONDAY, FEBRUARY 8, 2016 — 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey - Seat One Commissioner Kevin Cannon - Seat Two 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 - FEBRUARY 8, 2016 PAGE 2 OF 27 CALL TO ORDER The Regular Meeting of Monday, February 8, 2016 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 Jean Hovey, present Commissioner Kevin Cannon, present 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. Related to possible Agenda Changes, Mayor Lacey stated, "Item `401' is going to be postponed." Mayor Lacey added, `402' and `404' need to be pulled from the Agenda for various reasons. With those changes, are there any objections to adopting the Agenda ?" Commissioner Pam Carroll said, "None." Commissioner Cade Resnick stated, "No objection." No objections were voiced. Mayor Lacey summarized, "Hearing none, it stands adopted." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office of the City Manager and Finance and Administrative Services Department REQUEST: The Office of the City Manager and Finance and Administrative Services Department wish to provide the Investment Report for the Fiscal Year Ending 2015 (September 30, 2015) as prepared by PFM Asset Management LLC. Mr. Steven Alexander, Managing Director, CTP, CGFO, The PFM Group, 300 South Orange Avenue, Suite 1170, Orlando, Florida: addressed the City Commission and noted, "The Investment Policy is designed to provide safety and liquidity and yield in that order. We are working with all high quality fixed income securities designed overall to meet the operating needs of the City, both on a short term and on a long term basis." Continuing, Mr. Alexander also thanked the City's Finance team for their assistance. Further remarks. Mr. Alexander then suggested, "This year in 2016, I think it would be healthy for all of us to revisit the Investment Policy and look at other opportunities and choices as we move into sort of the next five (5) years of Investment Policies. Your policy up to date has protected the City but now we move into the next — economic world that we're going to be living in. We need to revisit the Investment Policy and look at some other alternatives." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 3 OF 27 Trends, cash management, the City's portfolio structure, future needs, and duration were addressed next. Referring to his presentation, Mr. Alexander noted, "The Asset Allocation, we also call it as kind of our Client's page, this is a very important page that we report on actually on a monthly basis to the City to ensure that all the permitted investments are being followed so that every investment that we have is permitted within the Investment Policy, and that all the asset allocation rules are being complied with, and that's reported too." Continuing, Mr. Alexander mentioned, "Your entire Investment Policy is turned into logarithms and the trading system makes sure that any investment, whether it is a security, credit quality, maturity time, dollar amount is pre- programmed into our system by your Investment Policy." Furthermore, Mr. Alexander noted this was "A hi -tech solution to ensure the challenge of meeting your Investment Policy is met before a single trade is completed. But we do report on a regular basis to report back to you that we are watching the Investment Policy and everything is complied with; and when we look back over the last twelve (12) months, and we have a clean record of no violations of the Investment Policy as we see it." Commissioner Kevin Cannon asked, "In light of the recent changes, do you recommend that we revisit our Investment Policy ?" Mr. Alexander responded, "Absolutely, absolutely." Commissioner Cannon then inquired "When do you think it would be prudent ?" Mr. Alexander remarked, "I think we should start on that right away. We should, and what's happening in the marketplace is just the availability of high quality - fixed income investments - the nature of your current Investment Policy is slowly becoming limited and I want to make sure you have a Policy that takes you into the future." Further brief discussion. AWARDS AND PRESENTATIONS 101. Seminole County Public Schools REQUEST: Dr. Tina Calderone, representing Seminole County Public Schools, would like to provide Mayor Charles Lacey and the City Commission with a "State of the School District" Report. Dr. Tina Calderone, Chairman, School Board, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: addressed the Mayor and City Commission, reviewed some of the merits associated with Seminole County Public Schools as well as the various schools in Winter Springs. Commissioner Carroll said, "Since a large number of children from the eastern part of Winter Springs go to Rainbow (Elementary School), Lawton (Elementary School), and Oviedo High School, can you update us on those schools ?" Dr. Calderone noted, "I think Mr. Ranaldi is going to get a little bit into it from the numbers side." Further, Commissioner Carroll mentioned, "My child went from Keeth (Elementary School) to Rainbow (Elementary School) and parents are concerned that we cannot look at only the schools in Winter Springs, physically. We have to look at the ones that serve students who live in Winter Springs. Dr. Calderone stated, "Absolutely. Well, we are. I think if you go back to the first slide that I shared with you this evening, all of our schools within Seminole County are offering new programs this year. So, what you see at Winter Springs Elementary with the foreign languages, you would see at Rainbow (Elementary School), as well as the coding." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 4 OF 27 With continued comments, Dr. Calderone remarked, "But we can give you bullet points for every single school..." Commissioner Carroll remarked, "...That would really help." Discussion continued. Mr. Joseph Ranaldi, AIA, Executive Director of Operations, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: stated, "I am going to talk briefly about the capacity issues that we're monitoring in Winter Springs and also talk about the Capital Projects that are scheduled for the upcoming five (5) years for the Winter Springs' campuses. This map here, shows specifically the six (6) campuses within Winter Springs but as Commissioner Carroll was saying, that's not the only ones that we're watching, especially when we are watching capacity. In addition to Highlands (Elementary School), Winter Springs (Elementary School) — Layer (Elementary School), Keeth (Elementary School) at the elementary level; we watch Casselberry, Sterling Park, and Rainbow. We also watch Heathrow, Lake Mary, and Longwood, for their influence on Highlands. And then at the Middle School level, not only do we watch Indian Trails, but we also watch South Seminole, Tuskawilla; and at the high school level, the teaming of the high schools is obviously Winter Springs High School and Lake Howell High School. And I say that from the standpoint of the way that the present Interlocal Agreement is developed. When we're looking at capacity, we're not just looking at a single school. We're typically, all the time, looking at multiple schools and identifying how the group of schools has been impacted as a development comes along. So, I wanted to highlight that, as you said. We don't just watch the schools in Winter Springs, but we watch a significant group as well that are all in the service areas for your schools. Specifically to Winter Springs and your schools, at this point from an elementary standpoint, three (3) of your four (4) schools are running what we define as `Near capacity'. `Near capacity' is ninety -five percent to a hundred percent (95% - 100 %) capacity. `Over capacity' is a hundred percent (100 %) capacity. And that isn't the way that the Department of Education looks at it unfortunately. That's the way that we look at it. The way the Department of Education looks at it, is in order for us to justify a new elementary, middle, or high school we have to show that we have exceeded capacity by the full student station amounts for those particular levels. So, at the elementary level we've got to show that we're over 800 students, middle, close to 1,300 - 1,400, and then at the high school, we are in the 2,700 range. So, with a number of other Districts actually identifying their capacity levels as being at 105 %, where we look at it, at a 100% knowing that we've got alternate funding sources, such as sales tax, local mileage; that we can use those monies to add capacity without getting the approval from the DOE (Department of Education) in order to do that work." Commissioner Cannon referenced the sales tax that was recently approved and said, "Those funds could be used by the District without having to get permission through the State..." Dr. Calderone added, "...Well, it's actually a quarter of the penny sales tax." Commissioner Cannon asked, "But that is one of the projected funding streams for further school construction..." Mr. Ranaldi stated, "...Yes, I mean in order for us to undertake a project the DOE (Department of Education) does not recognize, we need the capacity for it. It needs to be locally generated and they identify the sales tax, mileage as locally generated. Not the standard 1.5 Mil that is the property tax." Continuing, Commissioner Cannon added, "So, the State takes their hands off - if you have got the local funding and you want to build another Elementary School, you can go for it ?" Mr. Ranaldi pointed out, "Yes, I mean when we work our project list together for the middle school or for the new school, exactly. From the standpoint as I said, from a `capacity' standpoint, at this point at the elementary level, with all of the elementary schools that we have in Winter Springs, we've got approximately sixty -one (61) student stations capacity. Now, keep in mind, that doesn't include the outlying schools, and I'll get to that in a little bit, but we stand right now at sixty -one (61) student stations." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 8, 2016 PAGE 5 OF 27 Mr. Ranaldi added, "For those six (6) schools that are in the City, we stand at sixty -one (61) presently..." Dr. Calderone added, "...But your citizens go to other schools other than just those schools..." Mr. Ranaldi commented, "...And I'll outline where we stand relative to those numbers as well. From the standpoint of middle school, with Indian Trails we've got 304 student stations available at the middle school level. And at the high school level, we've got sixty -six (66) student stations available at this time right now. And there are a couple of things going on, especially at the high school level. You may have been following, as we look to construct a new Millennium Middle School, one of the things that we're going to be doing is actually turning the existing Millennium Middle School into a Ninth Grade Center. So, we are identifying that we are going to see some students coming from the Seminole High School District that are now forced to come here because of capacity issues that will be able to come back. We haven't forecast exactly how that's working, and the actual timing of that is the [20']18/[20']19 school year for the opening of that Ninth Grade Center. Commissioner Carroll remarked, "I see you have Longwood Elementary in the `E6' but you have not included Lawton Elementary in Oviedo which serves part of Tuscawilla, which is in Winter Springs - it serves Winter Springs, so we are trying to focus on Winter Springs with our ever burgeoning rooftops." Mr. Ranaldi stated, "And when we talk about `E3' and `B5' and `E6', those were actual clusters or service areas that are identified in our Interlocal Agreement at this point right now. So, Lawton, Stenstrom are in other ones. They're not in ones that actually group with a school from the City of Winter Springs..." Commissioner Carroll then said, "...But Longwood is essentially closed as far as taking in..." Mr. Ranaldi commented, "...But we made sure when we closed Longwood, we did not identify those student stations as surplus, with the intent to make sure that if we ever have growth that we need to accommodate, that we'd be able to reopen the Longwood School without going through upgrading the entire school for Code and we would just be able to open it as a standard Elementary School. So, you're exactly right. At the elementary level, Longwood is probably the biggest contributor, but we've got a little bit over 878 student stations available to serve the service areas for the City of Winter Springs. At the middle school level, we've got about 353 with Tuskawilla being a minor contributor to that. And at the high school level, we've got about 178 when we actually look at what the capacity is of Lake Howell as well; which is coupled with Winter Springs High School." Commissioner Cannon remarked, "If we look at the service areas outside of the City of Winter Springs, which is what you are discussing now, right..." Mr. Ranaldi said, "...Exactly..." Commissioner Cannon continued, "...What are the student stations for elementary outside the City ?" Mr. Ranaldi responded, "Total, including the City — we're running around, right around 878 of which of that 878, sixty -one (61) were from the Winter Springs schools. So, a majority was coming from Longwood. Tape I /Side B Commissioner Cannon then inquired, "What approximately is the capacity of Longwood..." Mr. Ranaldi stated, "612 stations." With further remarks, Mr. Ranaldi continued, "Now, developments that we've been watching in the City of Winter Springs - there are really three (3) developments that we've been watching very closely, Seven Oaks, the Winter Springs apartments, and Tuskawilla Crossings. Those totaled 800 and it's a mixture of single family detached as well as Multi- family. And from that, we're looking at about 157 elementary, 78 middle, and 89 high schools. So, we are estimating a total of about 324 students, but when we work that against all the other service areas, we've got a capacity in student stations of around 1,400 capacity wise. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 6 OF 27 So, we're not, at this point in our opinion, actually reaching a critical point, but we are watching closely and I know your RiZE [at Winter Springs] apartments is one that's getting ready to come online but that was part of one of the alternate Impact Fee studies. So, the actual generation rates there, are significantly lower than you would have for a standard Multi - family apartments." Next, Commissioner Cannon remarked, "I see a lot of growth in Oviedo, I see a lot of growth around Casselberry, I see growth in Longwood. When you factor those in Mr. Ranaldi, where do we come in, in terms of this capacity ?" Commissioner Cannon added that related to capacity, "Now when these new developments with the 800 units come on board in Winter Springs, some of the student capacity in the City limits doesn't exist. However on the adjacent service areas, it does exist right ?" Mr. Ranaldi noted, "Exactly, and the adjacent service areas, the way the Interlocal Agreement presently works, is that we identify the service area which the school is in, and then we take into consideration all the contiguous service areas as well. So, with the 1,400 number that I gave you, that was not taking the contiguous service areas into consideration. It was just those three (3) that you have." Furthermore, Commissioner Cannon said, "We have got a lot of fairly rapidly developing residential units in our City, which is a good thing. But when you take into consideration the redevelopment that is going to take place in Casselberry there at [State Road] 436 and [U.S. Highway] 17/92 and the major redevelopment that is going to be taking place across from Flea World, and also the approved projects or the projects that are in the queue, maybe not finally approved, are you comfortable right now that globally, the District is going to have enough capacity ?" Mr. Ranaldi responded, "Yes, at this point. And for instance, what has happened on the [U.S. Highway] 17/92 project close to City Hall, is they've submitted an alternate Impact Fee so we look closely at the number of one (1) bedrooms, two (2) bedrooms, and three (3) bedrooms; and if we see a majority of one (1) bedroom, then a lot of the Developers are addressing it as an alternate Impact Fee because the belief is they will not be generated like a three (3) bedroom would generate, and we've seen that. We have not seen the actual breakdown on what's going to be happening with the old Flea World property at this time. So, we're not sure if they're going to come in with an alternate and a high quantity of one (1) bedrooms or if it's going to be more of a standard distribution. But we're watching closely, not only as it goes on, but what the actual units are that they're proposing to develop there." Commissioner Cannon mentioned next, "One of the concerns that I have, sort of philosophically with the Inter - local Agreement is that we can manage our growth responsibly in the City of Winter Springs, and if adjacent cities really go `hog wild' and really start approving every residential project that comes before them, regardless of that, we could end up having adverse affects on the schools in our City." Dr. Calderone commented, "Well, I can tell you from a Board's standpoint, we look at this every single year." Continuing, Dr. Calderone stated, "But if you are saying - if other cities perhaps were, to use your vernacular, `hog wild' of letting development in, we have our hand on that spigot. So, we know how many seats we would offer for people outside of that school zone to have a choice to come to Winter Springs High School. We look at those numbers every single year, so just because we might let in fifty (50) external students one (1) year, the next year it might be ten (10), or the following year it might be 110. So, we very closely watch, on a daily basis, student attendance growth; and you're right, there is white pipe coming out of the ground all over this County. Quite frankly, I even feel stronger over in the Sanford area and that's why we were trying to come up with a creative solution of opening up a Ninth Grade Center because - I like that as an educational model first of all. It's not always good to have ninth graders with twelfth graders on a campus that big and we can offer them more guidance counseling and more additional services that they may need. I didn't want to have one (1) campus and Mr. Resnick, correct me if I am wrong, I wouldn't want a high school with 4,500 students in it as nothing good can occur. Continuing, Commissioner Cannon asked, "Okay, and on these Impact Fees that are collected, because again, I am sure that you have heard the same refrain from Developers - they complain, `Well, we are paying these School Impact Fees' - how are those dollars being managed by the School District ?" Mr. Ranaldi said, "Primarily, the School Impact Fees that we're getting ready to collect will be used for financing the new Millennium Middle School. We'll be probably taking on debt somewhere around twenty -nine million dollars ($29,000,000.00) and we've worked it out so that we'll have balloon payments when certain projects were scheduled with sales tax and the majority of the payment of the debt will be coming from the actual Impact Fees as we go through. So and with that, we will be adding - one of the things we're doing with Millennium Middle School is presently we've about 1,600 student stations. We're bringing it up to around 2,000, almost 2,100. So, we are going to be adding, and it's one of our most popular magnet programs. So, we will be adding additional student stations that will allow those students that want to make the travel to Sanford to undertake that program." Commissioner Resnick noted, "We were touching on the number of students who leave, I am going to call their zone schools, and go out. Do you know the percentage by any chance ?" Dr. Calderone said, `Every school is different - I know for a fact that in our magnet program, think of Midway Elementary, we know we have students representing every single elementary school in the District going there. So, it's very fluid too. It would be a snapshot in time but if you want to go by school, how many, that's another thing that we monitor every year as well and open it up. For example, you're at Lyman [High School], our engineering magnet - we feel that the people there at Lyman should have the opportunity, if you live there and go to Lyman, to go to the engineering school. But we also open up `x' number of seats every single year and you probably have heard that letters have gone out already for at least the middle schools, and the phone calls I've been getting lately, but they've been assigned. So, we do have a waiting list in every single one of our magnet schools. But that's a good thing, right? We're giving school choice and we feel that they are all good choices." Commissioner Resnick added, "And with that, I think one of the concerns which kind of kicked this request for you to come in, was that it was brought up on this dais that perhaps with all the development we might have in Winter Springs, it would be too many elementary students coming in and that we would be busing them out to places as far as Geneva or perhaps the other side of the County. Any validity to that statement ?" Mr. Ranaldi commented, "Well, when we look at the three (3) service areas that the schools serve, we've got almost a full elementary capacity. So, Longwood would be the one that would have to be considered to be open to take full advantage of that and that's always something on the table. I'm told to make sure that my lease with the City of Longwood isn't too long that I can't get them out and do a quick renovation, be ready to go again." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 8 OF 27 Commissioner Resnick remarked, "So, basically we are looking at the east side of Winter Springs area as we look up this new development coming in. We are not busing to Geneva and if need be, we would reallocate the boundaries of Winter Springs ?" Dr. Calderone stated, "Right - and that's what we look for, the move in, move out on a school by school basis. We try to get the closest within that service area. We also build capacity if need be — because, as you well know, with the State of Florida mandating class size, you don't know if someone moving into that townhome or apartment - we didn't say, you can only come in with a second grader or a fifth grader, you know. We can't tell them what age they're coming in with. So, it could have nothing to do with even development. It could just be, it was a year that there were many children born in that year. So, we regulate that, we track the students, as you know Mr. Resnick, with the headcounts, and we forecast what grade levels we need to add teachers each year. And in speaking personally with the Principals here in Winter Springs when I was preparing for this, they all felt that they're at a capacity where they could welcome more students." Commissioner Carroll mentioned, "I have been asked by folks who have heard the rumor about the IB (International Baccalaureate [Preparatory Program]) program. Is there any potential to have a Pre-113 (Pre - International Baccalaureate [Preparatory Program]) program at Indian Trails ?" Dr. Calderone explained, "We always look at that. To be able to do that, we needed to start our high school program first - we did it with the same model when we did it at Seminole High School and then added the Pre-113 (Pre - International Baccalaureate [Preparatory Program]) over to Millennium Middle School. And my daughter actually attended that Pre -IB (Pre - International Baccalaureate [Preparatory Program]) program at Millennium Middle School, went out of zone for that. So, this year we added the programs and emphasis to align with the renewable energy and the culinary and then we will always entertain additions. But we needed to get our staff trained first. There's a lot of training and a lot of standards you must meet on an international basis to be able to have an IB (International Baccalaureate [Preparatory Program]) program and if we're going to do it, we have to do it right. So, we needed to take care of our Winter Springs team first before we look somewhere else." Commissioner Carroll mentioned that she had worked at Longwood Elementary School before it closed and pointed out that now, "Longwood people coming across State Road 419, being bused into Winter Springs and then we have Winter Springs students at Elementary, sprinkling down to Rainbow (Elementary School) and Lawton (Elementary School) and I am not sure if any other outlying and it just seems as though Longwood being reopened would be back to the wonderful neighborhood school that it was." Dr. Calderone remarked, "I can assure as the entire School Board along with our team, we monitor this. That is our job. We welcome input from citizens all the time but we are confident with the vision that we have and the capacity that we have in our schools and the training that we afford our teachers. We're in the right direction." With further comments, Mr. Ranaldi added, "I was going to talk a little bit about the capital projects. Dr. Calderone talked about the renewal energy labs, the three (3) campuses. We've got about four hundred and fifty thousand dollars ($450,000.00) dedicated to that over the next two (2) years. We just finished up some roofing at Keeth (Elementary School). Keeth has a renovation to the tune of about ten million dollars ($10,000,000.00), it's scheduled out in [20'] 19/[20']20. So, that's still on the list. And then with Winter Springs High School, we are redoing the controls for the air conditioning system. We're around eight hundred thousand dollars ($800,000.00) on that work right now. So, we've got some fairly large projects for the District going on in Winter Springs at this point. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 9 OF 27 Deputy Mayor Jean Hovey commented on some of the capital projects and being selected to attend the Inaugural Seminole County Leadership Academy. Commissioner Cannon mentioned a resident who is the grandmother of an elementary school student "Who lives in Winter Springs, all the way on the far east end of [State Road] 434 just before it turns south into Oviedo. And she told us that her grandson was initially zoned to go to the elementary school in Geneva. Have there been any Winter Springs students zoned to attend Geneva ?" Mr. Ranaldi responded, "I know that you have one development that's right on the bend there and they are zoned to Geneva." Commissioner Cannon then asked, "Okay, so they have got to go by bus ?" Dr. Calderone and Mr. Ranaldi remarked, "Yes." Continuing, Commissioner Cannon noted, "And when you were talking earlier about the capacity of the students, - the capacity that you have not, in other words you have to look outside our City limits for the additional capacity based on the current development trends and the approved developments? Generally speaking, those students would be bused." Commissioner Cannon added, "So, most of the students in elementary school that are going to be serviced by the District by elementary schools outside of Winter Springs are probably going to end up going by bus, is that accurate ?" Dr. Calderone stated, "It is the two (2) mile limit." Mr. Ranaldi remarked, "It is the two (2) mile radius, yes." Commissioner Cannon referenced busing in relationship to budgets and asked, "How do you manage, does that also, Joe (Ranaldi), come into play when you are looking at schools and movements of students around ?" Mr. Ranaldi responded, "We take a look and we provide a lot of courtesy busing as well, and we take a look at the courtesy busing that we're providing and we do take a look at, within that two (2) mile radius, which students will then become walkers as well. But from the standpoint of transportation, that's really the commitment that the Board has made with the magnet schools and with the choice schools. Every single school has one, some have two (2) options from a choice perspective that includes transportation." Mr. Ranaldi added, "As it stands right now, really, we cover about forty percent (40 %) of our cost from the funds that we receive from the State at this point right now. But it's the commitment the Board has made so we make sure that we work those routes as close as we can." Commissioner Cannon then inquired, "I heard also, Dr. Calderone, that there were some concerns about the ability of Developers to use, to basically diminish the Impact Fees, and that the fees actually that the School District is receiving, are not really adequate to build the additional capacity of the schools. Do you have an estimate, like what percentage is actually being collected as it relates to twenty -five million dollars ($25,000,000.00), for example, to build an elementary school ?" Dr. Calderone commented, "A report was released out of Tallahassee last week, apparently there is a Bill in the House because certain School Districts are not good stewards of the tax payer investment on building schools. Seminole is, we are under the cost of a per student station. So, your residents along with all Seminole residents can know that we are not one of those School Districts. Mr. Ranaldi has been in the business for years and he can talk to a per cost student station, but we're well underneath that. And it's not one hundred percent (100 %) funded by the Impact Fee." Commissioner Cannon said, "Is it like fifty percent (50 %) or about what percentage ?" Mr. Ranaldi pointed out, "Well, with some of the developments that have been submitted where they are showing an excess of seventy percent (70 %) one (1) bedroom units, we lose about seventy -five percent (75 %) of the Impact Fee. Now what has happened is — we're about five (5) years into tracking these, so what we're beginning to pick up right now, when it was set up, it was just set up that anyone could submit an alternate Impact Fee. We've been talking with the County to say, we need to set some priorities. If we see a development come in that has thirty percent (30 %) one (1) bedroom, you really, logically should not be approving that development. And we've got their attention at this point right now. �xx w CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 10 OF 27 We are actually having a study done where we're going back and evaluating a number of the alternate Impact Fee projects that have come through and I have seen - is it true that if you are seventy percent (70 %) one (1) bedroom, that you are not going to generate that many children? And for the most part, we've determined that it's accurate. But then you get into, what is a bedroom? We have a lot of `dens' coming up right now and we're kind of pushing the municipalities to track that and make sure that a `den' doesn't grow a closet and then become a bedroom on top of that. So, we are working through it, but when the Impact Fee Ordinance was put together it was kind of general. No one really knew exactly what the parameters needed to be and right now we are trying to develop those parameters with the County." Commissioner Cannon stated, "And the formulas that you use to make the projections - I know when I met with you a few months ago, you're tweaking that formula based on historical in some respects..." Mr. Ranaldi replied, "Based on the available information, what we are finding is a lot of times that we are not able to track the actual number of bedrooms but we can make an assumption if a unit is 600 square feet, it's a one (1) bedroom; if it's 900 square feet, two (2). So, we are working with our Consultant to try to identify that so that we can get some teeth into the Ordinance and make sure that if they're making a decision to go for an alternate Impact Fee, it really qualifies that they are not going to be generating as many students as the standard Impact Fee would." Commissioner Carroll asked Mr. Ranaldi, "You said you look at square footage. Do you find that all cities are able to fine tune and say this subdivision is going to have this many one (1) bedrooms, this many two (2), this many three (3), this many four (4) ?" Mr. Ranaldi replied, "No - and then on top of that, is when the drawings come in for permitting as well, we found with some municipalities that there's a disconnect that they've allowed the alternate Impact Fee to come in based on a certain number of bedroom units, and then when it comes to the permitting side, the communication isn't there. So, we're working with a couple of municipalities on that." Continuing, Commissioner Carroll thanked Mr. Ranaldi for his assistance with an issue involving young children from the Parkstone community who attend Layer Elementary School. Mayor Lacey asked if there was any schedule for their key Committees and the status of the Interlocal Agreement. Mr. Ranaldi said that he was working with Seminole County Officials and mentioned, "I'm hoping that in the next couple months we'll be getting back together again and we can do away with some of the elements that would really hurt us significantly, that's in that document." Further comments. Mayor Lacey and members of the City Commission asked the City Clerk to provide a copy of the Seminole County Public Schools' presentation to which the City Clerk said she would do. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 11 OF 27 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. 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 Mayor Lacey opened "Public Input ". No one addressed the City Commission. Mayor Lacey closed "Public Input ". CONSENT AGENDA CONSENT 300. Finance and Administrative Services Department REQUEST: The Finance and Administrative Services Department requests that the City Commission consider Resolution 2016 -03, establishing fees for lien search requests. FISCAL IMPACT: This action would generate approximately $32,000 in additional revenues. Revenues will mitigate operational costs associated with these services /activities. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 12 OF 27 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Finance Director requests that the City Commission approve Resolution 2016 -03 establishing fees for lien search requests. This Agenda Item was not discussed. CONSENT 301. Finance and Administrative Services Department REQUEST: The Finance and Administrative Services Department Director requests that the City Commission consider an extension of the T- Mobile USA Tower LLC and New Cingular Wireless PCS, LLC contracts. FISCAL IMPACT: By approving the contract modifications the City will benefit an additional $450,000 (nominal/over 30 years) in rent for the City's position on the tower (once filled) and an additional $81,000 ( nominal/over 30 years) from the rent escalation rate increases. The City will also benefit by the addition of a radio antennae that will strengthen our emergency communications abilities for a cost of $2,500. With the proposed contract modifications the generated revenue over thirty years is approximately $15,300,000. 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. Vic, , No discussion. CONSENT 302. Police Department REQUEST: The Police Department requests the Commission authorize the use of $2,500 from the Local Law Enforcement Trust Fund to be utilized to install a communications radio antenna which would assist in our response to emergency /critical incidents within our City, Seminole County, and the State of Florida. FISCAL IMPACT: This is a one time expenditure of $2,500 dollars from LETF money to pay for the installation of the radio antenna. 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 Commission approve the expenditure of funds from the Local Law Enforcement Trust Fund in the amount of $2,500 to fund the cost of installation of a radio antenna to aid our response to emergency /critical incidents within our City, Seminole County, and the State of Florida. There was no discussion on this Agenda Item. CONSENT 303. Public Works Department - Stormwater Division REQUEST: The Public Works Department - Stormwater Division requests the City Commission's approval of Resolution 2016 -04 adopting the Seminole County Floodplain Management Plan. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 14 OF 27 FISCAL IMPACT: No funding is required for the adoption of the Floodplain Management Plan. 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 Resolution 2016 -04 adopting the Seminole County Floodplain Management Plan. No discussion. CONSENT 304. Information Services Department REQUEST: The Information Services Department requests that Commission approve the purchase of a Nimble CS300 network storage device from CDW -G (via Promark GSA Contract, schedule GS- 35F- 4342D) in the amount of $73,470; cables and misc supplies from monoprice.com in the amount of $57; and a contingency in the amount of $1,473 for a total project cost of $75,000; and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. FISCAL IMPACT: The fiscal impact of this project is $75,000 which is budgeted in Information Services Department FY 2016 budget ($73,527 equipment /parts /cables /4 -hour response support + $1,473 contingency). 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. CONSENT 305. Utility Department REQUEST: The Utility Department is requesting authorization to procure the services of Layne Inliner, LLC to perform Sanitary Sewer Line Rehab Work by Piggybacking off of the City of Orlando Contract for Cured - in -Place Pipe rehabilitation. FISCAL IMPACT: The Utility Department has budgeted $250,000 in the Renewal and Replacement Fund for sewer and manhole relining for FY 2015. The project cost of $208,670.00 will be paid from this fund. Funds will be expended over the next 180 days. 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. In addition, residents in the affected areas will be notified prior to the work being performed. RECOMMENDATION: It is recommended that authorization be granted to piggyback off of the City of Orlando Contract No. IFB15 -0017 with Layne Inliner, LLC for the rehabilitation of sanitary sewer lines at a cost of $208,670.00 plus a 10% contingency payable from the Utility Enterprise Fund Pipe Relining CIP line code (410 -36- 3600- 560650 -005). No discussion. Fiscal impact for this service is $38,800 annually and is currently budgeted in Police Department FY 2016 budget. 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 that the City Commission approve the use of State of Florida State contract DMS- 10 /11 -008B for wireless air card services in the amount of $38,800 annually, approval to utilize this contract 01/12/17, and to authorize the City Manager and City Attorney to prepare and execute all required documents. There was no discussion on this Agenda Item. CONSENT 307. Public Works Department - Urban Beautification Division REQUEST: The Public Works Department, Urban Beautification Division, asks that the City Commission consider the request of Mr. Ned Voska to remove two (2) specimen live oak trees from his property located at 835 W SR 434 due to the proximity of the trees to his commercial garage used for auto body repairs. FISCAL IMPACT: If the request is approved, the applicant will pay a $35 arbor permit fee to the Arbor Fund. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 17 OF 27 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the request of Ned Voska to remove two (2) specimen live oaks from 835 W SR 434. The trees are currently leaning over, and in some areas, touching the garage. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5.8 (b) of Chapter 5, Tree Protection and Preservation. No discussion. CONSENT 308. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission review and Approve the Monday, January 25, 2016 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. f: v VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. 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 the revised Ordinance 2015 -01, which facilitates the voluntarily annexation of two (2) parcels totaling approximately 20.48 gross acres, more or less, currently within Seminole County, Florida, and generally located just east of the intersection of State Road 434 and State Road 417. FISCAL IMPACT: The applicant desires to combine the two (2) county parcels for future development. 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 specific development plans are made available. 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 8, 2016 PAGE 19 OF 27 Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of Annexation, Large -Scale Plan Amendment, and Rezoning for the subject parcels on December 8, 2014 (see Attachment D - Seminole County Board of County Commission Annexation Notification Letter — December 8, 2014). Adjacent property owners have been notified by U.S. mail on December 29, 2014. In addition, the properties have been posted with a large yellow sign. The proposed Ordinance was advertised in the Orlando Sentinel on December 3, 2015 (see Attachment E - Advertisement, Orlando Sentinel) and on December 10, 2015. RECOMMENDATION: The Community Development Department — Planning Division recommends that the City Commission hold the first reading of the revised Ordinance 2015 -01, a voluntarily annexation of two (2) parcels totaling approximately 20.48 gross acres. Mayor Lacey introduced this Agenda Item and commented, "As I said at the very beginning, the companion item to this, 1401' for the Zoning on it, Future Land Use Map will be postponed when we get to that." Continuing, Mayor Lacey remarked "This is the First Reading of a revised Ordinance. So, we have heard it before but this is back for the First Reading for the Annexation of that property. Do we have a Motion to read by `Title' only." RELATED TO THIS ORDINANCE 2015 -01, "MOTION TO READ BY `TITLE' ONLY." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. City Attorney Anthony A. Garganese read Ordinance 2015 -01 by "Title" only and noted "This matter is regarding the annexation of what we have called the Mann Wilson property and if you recall, in between First and Second Reading, there was information brought to the City's attention regarding a pending lawsuit. And we got a copy of the lawsuit, we evaluated it and apparently Janet Mann, the Trustee, has filed a Quiet Title action against adjacent property owners, the Hendrixes, regarding the southwest corner of their particular piece of property. Based on our evaluation of that lawsuit, we went forward and requested that the Applicant provide a boundary survey to the City to review, and a copy of that survey and metes and bounds legal description is on the dais this evening. It was inadvertently left out of the package and what you can note from that boundary survey — in the southwest corner there appears to be a driveway and a one (1) story residence on the southwest corner of the Mann property; and that's what I believe to be at issue in the Quiet Title action. Regardless, the legal description of Record for the Mann property is recorded in the official records of Seminole County. We have a voluntary petition for Annexation filed by the Mann property owner, as well as Wilson and the City is moving forward with a Voluntary Annexation of both those properties based on the legal descriptions that are of record. And I think it's appropriate for the City to move forward in that fashion. That required us to make some changes to the Ordinance which requires First Reading all over again. And with all of that said, we built a contingency into this Ordinance that, depending on what the results of the Quiet Title action are, in the event that it is declared or agreed to that Hendrix owns a portion of the southwest corner of the property, this Ordinance will automatically exclude that portion of the property from this Annexation because the Hendrixes have not filed a Voluntary Annexation petition." Mayor Lacey opened the "Public Input" portion of the Agenda Item. Dr. Cheryl Bowles, 515 Green Spring Court, Winter Springs, Florida: mentioned she is the daughter of Walter and Bernice Hendrix, and wanted to make sure her parents understood this matter and noted the two (2) surveys in question. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 20 OF 27 MAYOR LACEY SUMMARIZED THE MOTION WAS "TO MOVE ORDINANCE 2015 -01 TO SECOND READING." VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER CANNON: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission postpone the Public Hearing to consider Second Reading and Adoption for both the Large - Scale Future Land Use Map Amendment and Rezoning for approximately 20.48 acres, generally located just east of the intersection of State Road 434 and State Road 417 as described within Ordinances 2015 -02 and 2015 -03. FISCAL IMPACT: The proposed Large Scale future Plan Amendment will increase the possibility of additional taxable value to the City and potentially spur the increase of future residential, commercial and/or office development activity within this particular area. A detailed Fiscal Impact Report will be performed once specific development plans are made available. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department — Planning Division requests that the City Commission postpone the Public Hearing for the Second Reading and Adoption of both the Large -Scale Future Land Use Map Amendment and Rezoning (described within Ordinances 2015 -02 and 2015 -03) to a date certain of February 22, 2016 to allow for the Second Reading and Adoption of the annexation ordinance (2015 -01) to also be heard at the February 22, 2016 City Commission meeting. This annexation ordinance has been modified to address the pending litigation between the owner and adjacent property owner (Hendrix). Mayor Lacey asked, "We do need a Motion to Postpone to a Date Certain of February 22 °d, (2016)." "SO MOVED." MOTION BY COMMISSIONER CARROLL. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission consider second and final reading of Ordinance 2016 -05, which proposes to add definitions to the City Code of Ordinances related to cottage food operations, and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City. FISCAL IMPACT: There is no direct fiscal impact associated with this agenda item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 22 OF 27 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on January 14, 2016. RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of second and final reading of Ordinance 2016 -05, which proposes to add definitions to the City Code of Ordinances related to cottage food operations and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City. Mayor Lacey noted that under Agenda Changes at the beginning of the meeting, that this Agenda Item had been removed. PUBLIC HEARINGS 403. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider second reading and adoption of Ordinance 2016 -04, a Small-Scale Future Land Use Map Amendment and the approval of the Developer's Agreement as a condition for two parcels totaling 0.94 acres located on the south side of Nursery Road, specifically located at 1080 Nursery Road. FISCAL IMPACT: The proposed small -scale future land use amendment, which re- designates the property from "Recreation /Open Space" to "Commercial ", will increase the possibility of additional taxable value to the City and potentially spur the increase of future residential and commercial development /redevelopment activity within this particular area. 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 8, 2016 PAGE 23 OF 27 The property was posted with a large sign and Ordinance 2016 -04 was advertised in the Orlando Sentinel on December 24, 2015. RECOMMENDATION: The Local Planning Agency and City Staff recommend the City Commission adopt Ordinance 2016 -04, which proposes a Small -Scale Future Land Use Map Amendment changing the land use designation from "Recreation /Open Space" to "Commercial" for two parcels totaling approximately 0.94 acres located at 1080 Nursery Road. City Staff is also recommending that the City Commission approve an associated Developer's Agreement which is included in the Agenda Item as well. In addition, the approval of the Ordinance is subject to and conditioned upon the property owner executing the Developer's Agreement. Attorney Garganese read Ordinance 2016 -04 by "Title" only and remarked, "We would ask if the Commission were to adopt this on Second and Final Reading that it be conditioned upon the Development Agreement being executed by the property owner." Ms. Amanda Webb, Planner, Community Development Department referenced the Development Agreement and stated, "A couple of things that are included within that — the business hours would be limited to 6:00 a.m. to 9:00 p.m. In addition, there would be no obnoxious noises or odors allowed and there would be also a construction of an eight foot (8') wall made of split face block or brick of some type of veneer. The Site Plan comes at a later date, we're only here for the Land Use." Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed recent rains in the area, the construction area and some concerns from area residents mentioned at the last City Commission meeting and pointed out, "The main concern, some of the folks here on George Street was, there is a wall back here and the wall has weep holes in it and some of the water as we observed, did have the potential to go through the weep holes onto the adjacent property. We've got with Mr. (Brian) Reece on that. He is implementing steps to correct that. That is a temporary condition. Once the permanent facilities are in place, all the stormwater on site is routed to the new pond, but he is in the process of taking steps to address that interim condition as well. Then finally, concerns were raised about Nursery Road. Nursery Road is a city maintained street. We did go out, we did identify some areas, some potholes that could be corrected and those are scheduled to be corrected tomorrow afternoon. So those are just some of the concerns that were raised and we did look at it and took action as appropriate." Further discussion. 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. Tape 2 /Side A "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR HOVEY. SECONDED 111-11d 51 1 lil l!■17I.Y4111.131/" •sic+,,,: ,,� CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 24 OF 27 PUBLIC HEARINGS 404. Public Works Department REQUEST: The Public Works Department requests the City Commission hold a public hearing for the approval of: 1) a revised Development Agreement for Southern Oaks; and 2) first reading of Ordinance 2016 -06 for conveyance of a 2 -acre parcel to Taylor Morrison of Florida, Inc. FISCAL IMPACT: The revised Developer's Agreement and Ordinance 2016 -06 have a net positive fiscal impact consisting of a $19,555.50 cash payment to the City plus up to $195,555 of stormwater improvements eligible for reimbursement by the St. Johns River Water Management District. 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 the following items under separate motions: 1) Revised Development Agreement for Southern Oaks 2) First Reading of Ordinance 2016 -06 As noted earlier in the meeting, this Agenda Item had been pulled. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 25 OF 27 REPORTS 600. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 601. Office Of The City Manager — Kevin L. Smith No Report was given. REPORTS 602. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 603. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey No Report was given. REPORTS 604. Office of Commissioner Seat One/Deputy Mayor - The Honorable Jean Hovey Deputy Mayor Hovey spoke further on the Inaugural Seminole County Public Schools Leadership Academy and gave some highlights of this program. Secondly, Deputy Mayor Hovey mentioned to the City Commission that if anyone wanted to contribute to supporting the Police Department's Kickball tournament, they could give Deputy Mayor Hovey a check towards a group contribution. Lastly, Deputy Mayor Hovey noted she would be attending an upcoming event with Governor Rick Scott and she would keep the City Commission informed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 2016 PAGE 26 OF 27 Commissioner Carroll offered thanks to Mr. Fields for "All of his hard work with Mike Masters on the south fountain." Next, Commissioner Carroll offered further appreciation to Mr. Fields and also Ms. Zynka Perez, Stormwater Utility Manager, Public Works Department for their assistance on Pond 59 and mentioned that residents had said the pond was looking much better. REPORTS 607. Office of Commissioner Seat Four - The Honorable Cade Resnick Commissioner Resnick briefly offered congratulations to Deputy Mayor Hovey. Mayor Lacey noted his agreement. REPORTS 608. Office of Commissioner Seat Five - The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs said to Deputy Mayor Hovey that she would reimburse Deputy Mayor Hovey for the Police Department's Kickball Tournament. Commissioner Carroll agreed to do the same. Next, Commissioner Krebs spoke about how different governments handle things in various ways and gave a brief history on the Reece (Park) property. Further comments followed on past negotiations. PUBLIC INPUT Mayor Lacey opened "Public Input ". Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: mentioned an upcoming Parks Workshop and noted that he might not be able to attend. Mr. Ligthart explained why he bought into his subdivision, and that he was not in support of a City public swimming pool and he thought other people were in the same situation as many people in the City also have swimming pools. Next, Mr. Ligthart mentioned a telephone scam and how he personally dealt with it. REPORTS 605. Office of Commissioner Seat Two - The Honorable Kevin Cannon No Report. REPORTS 606. Office of Commissioner Seat Three - The Honorable Pam Carroll Commissioner Carroll offered thanks to Mr. Fields for "All of his hard work with Mike Masters on the south fountain." Next, Commissioner Carroll offered further appreciation to Mr. Fields and also Ms. Zynka Perez, Stormwater Utility Manager, Public Works Department for their assistance on Pond 59 and mentioned that residents had said the pond was looking much better. REPORTS 607. Office of Commissioner Seat Four - The Honorable Cade Resnick Commissioner Resnick briefly offered congratulations to Deputy Mayor Hovey. Mayor Lacey noted his agreement. REPORTS 608. Office of Commissioner Seat Five - The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs said to Deputy Mayor Hovey that she would reimburse Deputy Mayor Hovey for the Police Department's Kickball Tournament. Commissioner Carroll agreed to do the same. Next, Commissioner Krebs spoke about how different governments handle things in various ways and gave a brief history on the Reece (Park) property. Further comments followed on past negotiations. PUBLIC INPUT Mayor Lacey opened "Public Input ". Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: mentioned an upcoming Parks Workshop and noted that he might not be able to attend. Mr. Ligthart explained why he bought into his subdivision, and that he was not in support of a City public swimming pool and he thought other people were in the same situation as many people in the City also have swimming pools. Next, Mr. Ligthart mentioned a telephone scam and how he personally dealt with it. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:00 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the , 2016 City Commission Regular Meeting.