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HomeMy WebLinkAbout2016 06 13 Consent 303 Unapproved Minutes from May 9, 2016 City Commission Regular MeetingCOMMISSION AGENDA ITEM 303 June 13, 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, May 91 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, May 9, 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 Approval by the City Commission. Consent 303 PAGE 1 OF 2 - June 13, 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 six (6) 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, May 9, 2016 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, May 9, 2016 City Commission Regular Meeting Minutes (21 pages) Consent 303 PAGE 2 OF 2 - June 13, 2016 Attachment "A" CITY OF WINTER SPRINGS, FLORIDA %t4TZR 0 V Incorporated • 1459 ' ♦000 WE'V J�•� CITY COMMISSION MINUTES REGULAR MEETING MONDAY, MAY 9, 2016 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 4341 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 - MAY 9, 2016 PAGE 2 OF 21 CALL TO ORDER The Regular Meeting of Monday, May 9, 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, absent 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. As to any possible Agenda Changes, Commissioner Kevin Cannon asked that Consent Agenda Items "305', "307 ", and "308" be individually discussed. With further comments, Commissioner Cannon stated, "It is just (Consent Agenda Item) "308" 1 need a separate Vote on." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used 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. f,. CrFY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2016 PAGE 3 OF 21 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 requesters. 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 opened "Public Input ". No one spoke. Mayor Lacey closed "Public Input". CONSENT AGENDA CONSENT 300. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2016 PAGE 4 OF 21 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hail with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. This Agenda Item was not discussed. CONSENT 301. Office of the City Clerk ' REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, April 11, 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, poster] 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, April 11, 2016 City Commission Regular Meeting Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING --- MAY 9, 2016 PAGE 5 OF 21 CONSENT 302. Public Works Department REQUEST: The Public Works Department requesting authorization to have Duke Energy remove existing overhead power facilities in Central Winds Park at a cost of $63,216.84 plus a 10% contingency. FISCAL IMPACT: The cost to remove additional overhead power facilities at Central Winds Park is $63,216.84, funded by a supplemental appropriation from the Transportation Impact Fee Fund in the amount of $63,216.84. 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 (S) 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 authorize payment to Duke Energy in the amount of $63,216.84, plus a 10% contingency, to remove existing overhead power facilities in Central Winds Park and approve a supplemental appropriation of $63,216.84 from the Transportation Impact Fee Fund balance for the work. 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 consider the request of Derek DeGeer of 1104 Shadowbrook Trail to remove one specimen live oak from his property due to the proximity of the tree to the home and condition of the tree. FISCAL IMPACT: If the request is approved, a permit will be issued with no fee due to the condition of the tree. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2016 PAGE 0 OF 21 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the Commission approve the request of Derek DeGeer to remove one specimen live oak from his property at 1104 Shadowbrook Trail. The tree is within 15' of two homes and has an aggressive wood decay fungus that could compromise the structural integrity of the tree. 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 304. Public Works Department - Urban Beautification Division REQUEST: The Public Works Department, Urban Beautification Division, asks that the City Commission consider the request of Don Stewart of 431 South Hawthorn Circle to remove one specimen live oak from his property due to the proximity of the tree to the home and the damage the tree has caused to the front porch and driveway. FISCAL IMPACT: If the request is approved, a permit will be issued with a $25.00 permit fee paid to the Arbor 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. 4 E�I�w CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2016 PAGE 7 OF 21 RECOMMENDATION: Staff recommends that the Commission approve the request of Don Stewart to remove one specimen live oak from his property at 431 South Hawthorn Circle. The tree is within 10' of the house, has uplifted and cracked the front porch, and damaged the driveway. 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. This Agenda Item was not discussed. CONSENT 305. Public Works Department PZQ REQUEST: The Public Works Department is requesting City Commission authorization to enter into an Agreement with Raftelis Financial Consultants, Inc. for preparation of a Transportation Impact Fee Update in the amount of $38,300 piggybacking off of the City of Cape Canaveral (RFQ# 2011 -01). FISCAL IMPACT: The cost of the Transportation Impact Fee Update is $38,300 and is funded by Transportation Impact Fees (line code 150 -41- 0000 - 530314 - Consulting). COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission authorize entering into an Agreement with Raftelis Financial Consultants, Inc. for preparation of a Transportation Impact Fee Update in the amount of $38,300 piggybacking off of the City of Cape Canaveral (RFQ# 2011 -01), and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. Commissioner Cannon asked for an update on Transportation impact Fees. Mr. Brian Fields, P.E., City Engineer, Public Works Department explained, "We charge Transportation Impact Fees on new developments. The current Ordinance and Fees were set in 2005, they're out of date now. We've heard from Developers that some of our Fees are not consistent with area and industry standards so it's really just an update of those Fees. It's a study and a report, and it ends up in an Ordinance." Commissioner Cannon remarked that some Developers had mentioned our Fees in comparison to other cities, and added, "So, the purpose of that is to just see where we stand with regards to others..." Mr. Fields continued, "...That will be part of it, but we'll also do our study and look at our Transportation needs and make sure our Fees are reflective of what we really have as far as our future projects go." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2016 PAGE 8 OF 21 Mayor Lacey added, "In my opinion, there are several areas that the Transportation Fees need to go down but an objective study is a prerequisite." Further comments. CONSENT 306. Public Works Department REQUEST: The Public Works Department requesting the City Commission validate the Staff recommendation finding the Nursery Road Warehouse Phase 3 sitework to be built in substantial accordance with the Final Engineering plans, subject to satisfactory completion of the remaining open punchlist items. 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 recommends that the City Commission validate the Staff recommendation finding the Nursery Road Warehouse Phase 3 sitework to be built in substantial accordance with the Final Engineering plans, subject to satisfactory completion of the remaining open punchlist items. No discussion. CONSENT 307. Public Works Department - Stormwater Division REQUEST: The Public Works, Stormwater Division, requests the City Commission's authorization to execute task order #2 with CPH, Inc. in the amount of $62,624.00 for the design of Torcaso Park Site Improvements. FISCAL IMPACT: The design and permitting cost is $62,624.00 funded 50% by Parks Impact Fees and 50% by the Stormwater Fund. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 9, 2016 PAGE 9 OF 21 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; authorize the execution of Task order #2 with CPH, Inc. in the amount of $62,624.00 for the design of Torcaso Park Improvements, approve supplemental appropriations of $32,000.00 from the Parks Impact Fee fund balance and $32,000.00 from the Stormwater fund balance, and authorize the City Manager and City Attorney to execute any and all applicable documents. Commissioner Cannon commented on the proposed plan and the wetlands. Mr. Fields remarked about the permitting process, and City Manager Kevin L. Smith noted, "It gives us an idea of what we can develop on the park, where we can locate, helps us set a master plan and maybe what wetlands we can't encroach into, etc. and also helps us with the layout." In further addressing wetlands, Commissioner Cannon asked, "So you are going to be looking at all the wetlands on the property?" Manager Smith stated, "Correct." CONSENT 308. Public Works Department REQUEST: The Public Works Department requests the City Commission's authorization to execute a task order with Pegasus Engineering, LLC in the amount of $48,610.12 for the design of a right -turn deceleration lane on S.R. 434 westbound at the City Hall entrance, funded by Transportation Impact Fees. FISCAL IMPACT: The design and permitting cost is $48,610.12, funded by a supplemental appropriation from the Transportation Impact Fee Fund balance in the amount of $48,610.12. WIM =.- CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2416 PAGE 10 OF 21 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 authorize the execution of a task order with Pegasus Engineering, LLC in the amount of $48,610.12 for the design of a right -turn deceleration lane on S.R. 434 westbound at the City Hall entrance and approve a supplemental appropriation of $48,610.12 from Transportation Impact Fee Fund balance to the project line code. This Agenda Item was pulled at this time for separate discussion. MAYOR LACEY REMARKED, "WE ARE LOOKING FOR A MOTION TO APPROVE THE CONSENT AGENDA ITEM WITHOUT ITEM "308 ". "SO MOVED." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER CANNON: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEM, PREVIOUSLY LISTED ON THE CONSENT AGENDA WAS DISCUSSED INDIVIDUALLY, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. ❖•;- CONSENT AGENDA FORMERLY LISTED ON THE CONSENT AGENDA AS "308" Public Works Department REQUEST: The Public Works Department requests the City Commission's authorization to execute a task order with Pegasus Engineering, LLC in the amount of $48,610.12 for the design of a right -turn deceleration lane on S.R. 434 westbound at the City Hall entrance, funded by Transportation Impact Fees. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2016 PAGE 11 OF 21 FISCAL IMPACT: The design and permitting cost is $48,610.12, funded by a supplemental appropriation from the Transportation Impact Fee Fund balance in the amount of $48,610.12. 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 (S) different locations around the City. Furthermore, this information is also available to any individual requesters. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission authorize the execution of a task order with Pegasus Engineering, LLC in the amount of $48,610.12 for the design of a right -turn deceleration lane on S.R. 434 westbound at the City Hall entrance and approve a supplemental appropriation of $48,610.12 from Transportation Impact Fee Fund balance to the project line code. Mr. Fields gave overview in this Agenda Item, spoke of the benefits of this proposed project and noted, "We would be looking at other turn lanes in the city to continue the program, and Commissioner Cannon we spoke earlier today, one is at Central Winds Drive/(State Road) 434." Continuing, Mr. Fields agreed that the Central Winds Park location was needed and added, "That would require land acquisition from the triangular piece where Pinch -A -Penny was going to go before, which is about .75 acres and if you acquire land from that you're basically turning that into a useless piece of land at some point; so, high benefit there, but also very complicated, expensive compared to this one." Commissioner Cannon spoke of his concern with the RiZE at Winter Springs apartments being so close to the street as well as traffic cutting through the City Hall parking lot and suggested, "If that is going to become a cut - through, then I think, that in fairness to the City, that some kind of an Easement arrangement should be negotiated with the RiZE." Commissioner Cannon added that instead of this proposed project, that the funding be used for a deceleration turn lane at Central Winds Park first. Discussion followed on visibility, previous projects, and that both the City Hall and Central Winds Park deceleration lanes were both needed, and that with consideration of the traffic from the west side of State Road 434, a deceleration lane at City Hall was needed. Further remarks followed. Captain Chris Deisler, Police Department noted that any relief from deceleration lanes along State Road 434 would be very helpful with traffic issues. Deputy Mayor Jean Hovey said to Mr. Fields, "Central Winds is on our radar, right? But it is going to cost a lot more because we are going to have to purchase land." Mr. Fields suggested, "That property, we could negotiate at the time it's developed, possibly to do that turn lane. We have to really look at how much land we need and see if it's something that's even feasible but I think it would be beneficial and I think we should pursue it." rf CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- MAY 9, 2016 PAGE 12 OF 21 Commissioner Cannon mentioned he would like to move forward with both and asked if this could this be done. Mayor Lacey said to Mr. Fields, "Assuming this goes forward and we spend this forty -eight thousand dollars ($48,000.00), what would happen in the normal course of events next for us to get to Central Winds Drive. Mr. Fields explained, "This is final design for the City Hall turn lane. This will take us to a shovel ready construction Permit. Central Winds, I would say step one would be to look at feasibility, have our Consultant come out and look at the right- of-way and the volume and the signal and give us a very preliminary `This is doable' or not, and maybe ask some questions of DOT (Department of Transportation). If it's doable and we know the constraints, then they would give us a design proposal and we would bring that back, similar to this one. So, we would be glad to explore that feasibility step, that's usually at no cost to us with one of our Consultants, just a meeting on site and a few phone calls. We'd be glad to do that and then if the Commission desires, to bring that back as well." "~ Deputy Mayor Hovey inquired, "Can we do that and do it in a quick amount of time so we can look at it for Budget purposes for next year ?" Comments followed on funding to possibly buy needed property. Manager Smith noted, "I think it would be prudent for Brian (Fields) to go through the process as he does to analyze the feasibility and look at all funding opportunities and come back with an educated and proper Agenda , Item for you all to discuss." Mayor Lacey mentioned, "I think that is where we are headed. The next issue for us to address after I recognize Commissioner Cannon, is this item, in and of itself, and then expecting to see some further information on the Central Winds option quickly down the road." With further remarks on possible cut - through traffic from the RiZE, Commissioner Cannon asked Mr. Fields if they would monitor it, to which Mr. Fields responded, "We will." MAYOR LACEY ASKED, "IS THERE A MOTION TO APPROVE ITEM `30$' ?" "MOTION TO APPROVE." MOTION BY COMMISSIONER CARROLL. BY COMMISSIONER CANNON. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA SECONDED PUBLIC HEARINGS 400. Community Development Department - Planning Division REQUEST: The Community Development Department, Planning Division, is presenting the City Commission with the Districting Commission's recommendation for the 2016 City Commission District boundaries, reflecting the 2010 Census Population and updated development data since the 2010 Census was completed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2016 PAGE 13 OF 21 FISCAL IMPACT: There is no indirect 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 requesters. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. 9=14 CM-21 This item was advertised in the Orlando Sentinel on April 28, 2016 and a copy of the advertisement is .I included in the attachments to this agenda item. I RECOMMENDATION: Staff recommends that the City Commission accept the 2016 Districting Commission's recommendation for the revised City Commission district boundaries, reflecting the 2010 Census and new development projects between 2013 and the present, and requests the City Commission approve First Reading of Ordinance 2016 -02. RELATED TO THE FIRST READING OF ORDINANCE 2016 -02, "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 2016 -02 by "Title" and spoke of the basic process associated with redistricting and the Districting Commission. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and referenced the different scenarios that were considered as well as the balancing of total population and the voting age population. Ms. Amanda Webb, Planner, Community Development Department reviewed some of the specifies related to the statistics and various scenarios considered. Commissioner Cannon commented on the data, that there are currently not a lot of residents that live in the RiZE at Winter Springs apartments, his concerns with population and using Certificates of Occupancy data, and future residents in District Two. Discussion followed on the discretion that the City has, Census data, Certificates of Occupancy, and as Attorney Garganese noted, "The City is just trying to extrapolate to account for new development projects that have been C.O.'d for occupancy to try to balance the population to the best of our ability." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- MAY 9, 2016 PAGE 14 OF 21 Commissioner Pam Carroll spoke of the process, possible new apartments, Districts and added, "I applaud your efforts and your different ways of looking at it and I heard from a couple of Districting Commission members who were very impressed." Further remarks. Tape 1 /Side A Discussion continued. 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. Commissioner Cade Resnick stated, "I just would like to thank all the people who were on the Districting Commission and Staff, because it is not an easy process." "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM `400'." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MAYOR LACEY NOTED, "MOTION TO APPROVE ON FIRST READING ORDINANCE 2016 -02." VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: NAY COMMISSIONER CARROLL: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 401. 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 $195,555.00 of stormwater improvements eligible for reimbursement by the St. Johns River Water Management District. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 9, 2016 PAGE 15 OF 21 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. Mr. Fields gave an overview of this Agenda Item. Discussion. ON THE FIRST READING OF ORDINANCE 2016 -06, "MOTION TO READ BY `TITLE' ONLY." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER CANNON. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS Attorney Garganese read Ordinance 2016 -06 by "Title" only and pointed out, "In order to make this whole transaction happen, this Ordinance also authorizes the City Manager to finalize and execute the documents in order to get the funding back from St. Johns River Water Management District that Brian (Fields) alluded to — is a hundred and ninety -five thousand dollars ($195,000.00) stormwater credit. What's happening here is that we need to get the reverter released from the District to convey this two (2) acres of property to Taylor Morrison free and clear for their stormwater purposes so they would pay the City the one hundred and ninety -five thousand [dollars] ($195,000.00) that would end up being paid to St. Johns River Water Management District to release that reverter; then St. Johns River Water Management District in turn will enter into agreement with the City of Winter Springs to send that money back to Winter Springs for stormwater purposes, that can be spent to enhance the Solary Canal regional water project. This Ordinance incorporates all of those terms and conditions that if all of that doesn't happen, then this conveyance doesn't happen." With further remarks, Mr. Fields noted, "We have an agreement with them, it's a reimbursement, just like a Grant agreement that we typically enter into. We submit a project, they approve it, and then we go ahead and build it, we pay for it, and then they reimburse us per the terms of the agreement. The one hundred and ninety -five thousand [dollars] ($195,000.00) is not entirely restricted to that property. It has to be used for stormwater quality improvements. They'd prefer and there are some projects there that we intend to implement - the budget was real tight when that was built and we can enhance some things but there is a remainder that can be used in other locations in the City if it's approved for stormwater quality." PM •a a .1 ,t ^A W,_ r ; .x CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- MAY 9, 2016 PAGE 16 OF 21 Referencing a recent drive to Oviedo High School, Deputy Mayor Hovey asked Mr. Fields if there were plans to widen State Road 434 between Winter Springs and Oviedo. Mr. Fields said, "Yes" and mentioned that Seminole County had recently done a safety study and the widening was being recommended. Further brief remarks. Mayor Lacey opened the "Public Input" portion of the Agenda Item. Ms. Heather M. Himes, LEED AP, Akerman LLP, 420 South Orange Avenue, Suite 1200, Orlando, Florida 32801: speaking on behalf of Taylor Morrison of Florida, Inc., Ms. Hinges noted, "This has been before the Water Management District for discussion as well, and they have already given their preliminary agreement to this." w,'7y ri Mayor Lacey closed the "Public Input" portion of the Agenda Item. MOTION TO APPROVE THE DEVELOPMENT AGREEMENT. MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGARDING A MOTION ON THE FIRST READING OF ORDINANCE 2016 -06, "MOTION TO MOVE THAT TO SECOND READING." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Parks and Recreation Department REQUEST: The Parks and Recreation Department requests the City Commission discuss & determine the date for the 2016 Hometown Harvest event. FISCAL IMPACT: None. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2016 PAGE 17 OF 21 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 Parks & Recreation Department requests the Commission to set a date for the 2016 Hometown Harvest Event. The Parks & Recreation Dept. recommends October l as the date for the 2016 event, with the first Saturday of October to become the traditional date for the Hometown Harvest event in the future. Mr. Chris Caldwell, Director, Parks and Recreation Department began the discussion on this Agenda Item Discussion ensued on Special Events, typical temperatures, weather conditions, possible dates, and availability of vendors and pumpkins and other needed items. Mayor Lacey asked about the shelf life of pumpkins to which Mr. Caldwell stated, "We can certainly check on that." Further comments followed and Commissioner Carroll said to Mr. Caldwell, "Have you checked dates on either option, October or November if we move it, that there aren't any major art festivals or other major events that attract people from Winter Springs ?" Mr. Caldwell stated, "We have checked dates on a lot of fall festivals." Continuing, Commissioner Carroll asked Mr. Caldwell, "How about the Maitland Art Festival ?" Mr. Caldwell responded, "I can find that out." Discussion followed on events that Winter Springs hosts, possible dates, other events, the availability of pumpkins, weather and timeframes between City events. Mayor Lacey summarized, "1 would say with a caveat, that if it is the will of the Commission that we recommend November 5th, that we would give Chris (Caldwell) a chance at..." Commissioner Cannon added, "...The subject of availability of vendors, and the other stuff." As to a suggested date of November 5th, Mayor Lacey asked Commissioner Carroll for her preference, and Commissioner Carroll said she was torn because she was concerned about the availability of pumpkins. Mayor Lacey then noted, "I would prefer November 5th." Commissioner Cannon remarked, "I am leaning towards November 5th, if we have the vendors and the pumpkins and the essential things that we would have to have." Deputy Mayor Hovey commented, "November 5th." Commissioner Carroll added, "I would like to give Chris (Caldwell) the time to confirm for pumpkins and your vendors and your entertainment; and I applaud you for finally getting it so that we don't have ArtOBERFest and Hometown Harvest back to back." Summarizing, Mayor Lacey remarked, "There is almost a complete Consensus for November 5th." Commissioner Carroll suggested, "Can we say November 5th but if you come back and say `Absolutely no pumpkins are available for my pumpkin painting and too many of my vendors cannot make it', so we will have a fall back." Commissioner Cannon said, "I am okay with that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2016 PAGE 18 OF 21 Mr. Caldwell commented, "I am going to look for 2016, this date right now, for November 5`s - I aln going to look for all those options. Would you like me to also look for that as a traditional date in the future - or do you want to discuss that at a later date ?" Commissioner Carroll said, "1 think, try it for a year. See how it goes." Manager Smith recommended that after this season, "That we leave it open, that maybe we want to change that in the future." Further remarks. Mayor Lacey noted that perhaps, "We want to reevaluate it in the first quarter of next year for 2017." Comments continued to which Mr. Caldwell said, "I'm fine with that," Commissioner Carroll mentioned, "November 5`1' but with you knowing that if you find out that you cannot get your pumpkins, you can't get the entertainers or the vendors, that you can come back to the City Manager and say `1 am going to have to use the alternate date of October I" and we wouldn't have to have a meeting to approve that. I do not want to hold him up." Manager Smith added, "I am fine with that, if I may Mayor, as long as everybody on this dais is okay." Further, Mayor Lacey stated, "What I am looking for is unanimous consent that we direct Staff to gear for 2016 on November 5'�, then we will reevaluate in 2017 whether that date works for Staff and for the public and not have that be an expressed decision for 2017, that it is to be reevaluated. Is everyone completely in agreement with what I said ?" Commissioner Cannon remarked, "I am good with that." Commissioner Resnick stated, "Yes." Commissioner Carroll added, "And allow Chris (Caldwell) that if he is unable to get the components that he needs to produce Hometown Harvest to his satisfaction, that he be free to come to you City Manager and not wait for the Commission — and say, `I will go for October l SO.', Mayor Lacey mentioned, "Part of the agreement from the Commission is that we are delegating to the City Manager the right to deviate from November 5t" this year if in his judgment, it is just not doable..." Commissioner Carroll added, "...To October I't and then we will evaluate in the future." Mayor Lacey inquired, "Everyone agrees to that ?" Commissioner Resnick and Commissioner Cannon said, "Yes." No objections were voiced. Mayor Lacey said to City Clerk Andrea Lorenzo-Luaces, "Note that for the Record." Commissioner Carroll said, "Thank you Chris (Caldwell)." Mayor Lacey said to Mr. Caldwell, "Thanks Chris. Good job." REPORTS 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. "MEN on 1 1;: —+r fir CITY OF WINTER SPRINGS; FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2016 PAGE 19 OF 21 REPORTS 602. Office Of The City Clerk — Andrea Lorenzo- Luaces, MMC No Report. REPORTS 603. Office of Commissioner Seat Five - The Honorable Joanne M. Krebs Absent. REPORTS 604. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey thanked President Ted Johnson and Commissioner Carroll for their invitation to a Tuscawilla azEffq Homeowners Association (THOA) meeting to present a Proclamation to Mary and Gary Brook for their service to Winter Springs. D Secondly, Mayor Lacey announced that Commissioner Joanne M. Krebs received the "Elected Official of the Year" award from the Tri- County League of Cities. REPORTS 605. Office of Commissioner Seat One/Deputy Mayor - The Honorable Jean Hovey Deputy Mayor Hovey asked for a status of a proposed Perkins Restaurant, Mr. Stevenson addressed this matter and explained that all that was needed to proceed was a signed copy of the County Impact pees. REPORTS 606. Office of Commissioner Seat Two - The Honorable Kevin Cannon Commissioner Cannon noted that he recently attended the World Robotics Championships and commented that this was an impressive event. Secondly, Commissioner Cannon mentioned that a union member and City employee had asked to speak to him. Commissioner Cannon inquired of Attorney Garganese about best practices related to collective bargaining and such a scenario. Attorney Garganese addressed this matter and summarized, "My advice again to the Commission is we work with Union representatives through the City's negotiation team." Mayor Lacey said to Attorney Garganese, "It is not unusual for public employees, it may be regrettable but it is not unusual, for public employees to involve themselves in the political process, so are you advising that even political discussions that aren't related directly to collective bargaining issues need to be avoided by the Elected Officials ?" Attorney Garganese stated, "I don't know how you sometimes unwind the two (2)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 9, 2016 PAGE 20 OF 21 Further comments. REPORTS 607. Office of Commissioner Seat Three - The Honorable Pam Carroll Commissioner Carroll noted that the same union member and City employee also approached her and asked to discuss such matters. Commissioner Carroll mentioned that she had advised Manager Smith about this. Next, Commissioner Carroll said that she attended the Leadership Seminole Video Awards and noted that Winter Springs High School finished in third place this year. Commissioner Carroll then asked Mr. Stevenson about a sign on a Town Center space which previously housed a restaurant and inquired about the status. Commissioner Carroll then asked, "We can foresee another restaurant there ?" Mr. Stevenson responded, "So far, so good. Yes, Ma'am." amftaftb Continuing with her Report, Commissioner Carroll said to Mr. Lockcuff, "I thank you for apprising one citizen who is very anxious to find out — you may not have information yet but the exchange agreement concerning the Cross Seminole Trail over on [State Road] 419 — they had said the State's legal was reviewing and preparing an exchange agreement -- expect to receive information within the next thirty (30) days. And that is not quite up but does that look promising ?" Mr. Lockcuff responded, "Yes." Mayor Lacey inquired, "Do we have a date with the Governor ?" Mr. Lockcuff stated, "No. We'd like to hope to have the Exchange Agreement and the Deed from Bart (Phillips) at the next meeting. That's the goal." Mr. Lockcuff added that that he was referring to the next City Commission meeting. Lastly, Commissioner Carroll mentioned that she serves on the Seminole County Bar Association Legal Aid Society Board and explained about a new initiative that has started which provides free legal assistance to area Veterans, that this is offered once a month at the Casselberry Library, and suggested her fellow Elected Officials could advise any Veterans with a low income about these complimentary legal services. REPORTS 508. Office of Commissioner Seat Four - The Honorable Cade Resnick No Report. Tape 2 /Side A PUBLIC INPUT Mayor Lacey opened "Public Input" No one spoke. Mayor Lacey closed "Public Input". CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 9, 2016 PAGE 21 OF 21 Mayor Lacey announced that the City of Longwood is hosting the May 19'x', 2016 Tri- County League of Cities meeting and Ethics Training. Before adjourning, Mayor Lacey mentioned that the next City Commission Regular Meeting is scheduled for June 13"', 2016, ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at approximately 6:47 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.