Loading...
2014 10 13 Public Hearing 501 Second Reading of Ordinance 2014-22 and Ordinance 2014-23; Small Scale Plan Amendment for 715 North US 17-92 COMMISSION AGENDA Informational Consent ITEM 501 Public Hearings X Regular October 13, 2014 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider Second Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning for approximately 1.9 acres of property located at 715 North U.S. 17-92 as described within Ordinances 2014-22 and 2014-23. SYNOPSIS: An application has been received by the Community Development Department for a Small- Scale Future Land Use Map Amendment and Rezoning, which if approved, would change the Future Land Use Map and zoning designation for approximately 1.9 acres of property located at 715 North U.S. 17-92 (see Attachment A - Location Map). Ordinance 2014-22 proposes to change the Future Land Use Map designation from Seminole County "Mixed Development (MXD)" to City of Winter Springs "Commercial" (see Attachment B - Ordinance 2014-22). Ordinance 2014-23 proposes to rezone the property from Seminole County "Commercial (C-2)" to City of Winter Springs "Highway 17-92 Commercial District (C-3)" (see Attachment C - Ordinance 2014-23). The requested Small Scale Plan Amendment affords the property owner the ability to procure City of Longwood water and sewer service as per an existing Interlocal Agreement between the City of Winter Springs and City of Longwood (see Attachment D - Interlocal Agreement). CONSIDERATIONS: Applicant—Jennifer Thompson Truglia Location—715 North U.S. 17-92 Public Hearings 501 PAGE 1 OF 8-October 13,2014 Site Information — The 1.9 acre parcel currently has a future land use designation of Seminole County "Mixed Development (MXD)". The property is also described within Agenda Item 500, Annexation, which is scheduled to run concurrent with the requested Small-Scale Plan Amendment and Rezoning. The applicant has petitioned the City to change the future land use designation of the property to City of Winter Springs"Commercial". Applicant—Jennifer Thompson Truglia on behalf of Carroll Thompson Location—715 North U.S. 17-92 Site Information—Existing quick lube/tire center business. PARCEL Property Addresses: 715 North U.S. 17-92 Property Owners: Carroll Thompson Applicant Address: 715 North U.S. 17-92 Longwood, F132750 Property Appraiser Parcel I.D numbers: 26-20-30-5AS-01300-0010 Property Acreage: 1.9 acres Property Legal Descriptions: See 'Attachment E - Legal Description/Survey' Current Future Land Use: Seminole County "Mixed Development(MXD)" Proposed Future Land Use: City of Winter Springs "Commercial" Existing Zoning: Seminole County "Commercial (C-2)" Proposed Zoning: City of Winter Springs "Highway 17-92 Commercial District" (C-3) APPLICABLE LAW AND PUBLIC POLICY Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts, Division 4. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20-31. Public Hearings 501 PAGE 2 OF 8-October 13,2014 Existing Land Uses — The subject property has a one-story quick lube/tire store and the surrounding area is generally characterized by the following land use and zoning categories. Existing Land Uses Zoning Future Land Use Subject Existing Transco Quick Seminole County Seminole County Properties Lube/Tire Center Commercial (C-2) Mixed Development MXD North Commercial - Seminole County Seminole County Econo Auto Painting Commercial (C-2) Mixed Development (MXD) South Vacant Seminole County Seminole County Commercial (C-2) Mixed Development MXD East Seven Oaks Single- City of Winter Springs City of Winter Family Development Planned Unit Springs Development(PUD) Medium Density Residential West Commercial - City of Longwood City of Longwood Boatwrench Inc. Infill and Mixed Use Infill and Mixed Use (IMU) (IMU) Development Trends — The surrounding area is generally characterized by highway commercial development in both Seminole County, City of Longwood and the City of Winter Springs. The subject property is located just west of Seven Oaks, a single-family development currently under construction within the City of Winter Springs. The requested annexation, via Ordinance 2014-21, was presently considered by the City of Winter Springs City Commission under Item 500. REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20-31: (1) Compliance with Procedural Requirements- The proposed rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. (2) Consistent with the Comprehensive Plan- The proposed rezoning change is consistent with the City's Comprehensive Plan and the proposed change will not have an adverse effect on the Comprehensive Plan. (3) Consistent with any Master Plan for the property- The subject property has a one- story quick lube/tire store with the surrounding area generally being characterized by highway commercial businesses. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed rezoning from Seminole County "Commercial (C-2)" to Winter Springs "Highway 17-92 Commercial District" (C-3) is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan. Vacant property directly to the south is presently within unincorporated Seminole County. Property to the west, across from U.S. 17-92, is home to the "Boatwrench Inc." business which is Public Hearings 501 PAGE 3 OF 8-October 13,2014 presently within the City of Longwood. Econo Auto Painting, located directly north of the subject property, is within unincorporated Seminole County. Lastly, "Seven Oaks", a single-family development by Meritage Homes, within the City of Winter Springs, is located just east of the subject property. (5) Does Not Create Spot Zoning- The proposed rezoning does not create a spot zone, which is prohibited by law. The subject property is located just south of Econo Auto Painting business and located directly on U.S. 17-92. The proposed City of Winter Springs zoning designation, "Highway 17-92 Commercial District (C-3)", is compatible with the surrounding area. (6) Does Not Materially Alter the Population Density Pattern- The proposed rezoning does not alter the existing developed population density pattern and therefore will not overtax the load on public facilities and services (utilities, streets, and other municipal services and infrastructure). (7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan. (8) Changed Conditions Make the Proposed Rezoning Necessary- The proposed zoning designation of "Highway 17-92 Commercial District (C-3)" is compatible with the proposed "Commercial" Future Land Use Map classification that is proposed via Ordinance 2014-22. (9)No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning will not seriously reduce light or air to adjacent areas. (10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. (11)Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses. (12) Does Not Constitute a Special Privilege- The proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. (13)Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the area or the City. (14) Does Not Violate any City Land Use Regulations- The proposed rezoning does not violate any applicable land use regulations adopted by the City. Letters/Phone Calls In Favor Or Opposition — To date, the City has not received any letters or phone calls in favor of or in opposition to this proposal. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - The requested future land use map designation has been determined by evaluating the prevailing character of the area around Public Hearings 501 PAGE 4 OF 8-October 13,2014 the subject property, as well as evaluating the current land use and the future goals and objectives of the City and of the property owner. A Winter Springs "Commercial" designation most closely resembles the character of the area and maintains continuity with the adjacent properties. Through Ordinance 2014-22, the applicant is requesting the City of Winter Springs "Commercial" land use designation on 1.9 acres of property located at 715 North U.S. 17-92. Public Facilities: The site is already developed and home to Transco Quick Lube/Tire Center. In accordance with the Interlocal Agreement between the City of Winter Springs and City of Longwood, the requested annexation and small scale plan amendment are the initial step in order for the applicant to procure City of Longwood water and sewer service. Availability of Access: The existing commercial business has direct access to U.S. 17-92. Function Classification: U.S. 17-92 is a federal north-south principal arterial located along the west boundary of the City. It connects with Sanford to the north and Orange County to the south. The route passes through Orlando, Winter Park, Maitland, Casselberry, Longwood, Winter Springs, Lake Mary Sanford. It is currently a six-lane undivided facility where adjacent the City, and four lanes north of Shepard Road. POTABLE WATER& WASTEWATER: The City of Winter Springs does not have water, sewer, or reclaimed water service available at the subject property. The closest points of connection to existing City water and sewer facilities are on Florida Avenue, approximately 1,200 feet away from the subject property. Serving the subject property from the east, where the Seven Oaks subdivision is currently under construction, is not feasible due to the location of Boat Lake between Seven Oaks and the subject property. ELECTRIC SERVICE: Facilities serving the subject property: The City of Winter Springs is serviced by Duke Energy for electric service. A future land use change will not impact current electric rates. SOLID WASTE: Facilities serving the subject property: None currently. The City of Winter Springs currently has a franchise agreement and is serviced by Waste Pro of Florida, Inc., a private solid waste contractor who will provide service to this area. STORMWATER MANAGEMENT: Facilities serving the parcels: None currently. POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject property is located at 300 N. Moss Road. Response times are averaged monthly. FIRE: Public Hearings 501 PAGE 5 OF 8-October 13,2014 Seminole County is responsible for fire protection. Station 35, located at 201 West County Home Road, Sanford, Florida is the closest fire station. The response time is approximately two minutes. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES: The change in designation from Seminole County "Mixed Development (MXD)" to City of Winter Springs "Commercial" will not result in any nuisance potential for the surrounding properties because existing uses are compatible with the proposed "Commercial" future land use designation, and the subject property is surrounded primarily by auto oriented business along U.S. 17-92. The requested future land use map designation is consistent with the surrounding areas. NATURAL RESOURCES COMPATIBILITY: Not applicable. SOILS: According to Seminole County Property Appraisers data, the subject property consists of Urban Land soil. FLOOD PRONE AREAS: According to the FEMA Flood Insurance Rate Map dated September 2007, the property is located in Flood Zone "X", which is outside of the 100-year floodplain, and Flood Zone "AE" for that portion of the property along/within Boat Lake. HISTORIC RESOURCES: No known historical resources are located on the subject property or within the vicinity of the subject property. WILDLIFE: There is no evidence of wildlife currently occupying the subject parcels. CONSISTENCY WITH THE COMPREHENSIVE PLAN Future Land Use Element Per the Comprehensive Plan, typical commercial uses include retail stores, convenience stores, gas stations, professional offices, banks, personal services, and restaurants. Most commercial activity is located on or near S.R. 434, U.S. 17-92, S.R. 419 or the Oviedo Marketplace Mall. The proposed future land use amendment is consistent with the following objectives and policies from the Future Land Use Element of the Comprehensive Plan: 1. Policy 1.8.2: Enclaves. Annex all enclaves, where feasible, in order to reduce land use conflicts and provide efficient public service. 2. Policy 1.8.3: Condition for Connection to City Utilities. Require new development within the County in areas that are contiguous to the City, to be annexed into the City and to be developed to City standards as a condition for connection to City utilities, unless that development is the subject of a mutually accepted utility agreement. FINDINGS: 1. The request is consistent with all applicable goals, objectives and policies of the Public Hearings 501 PAGE 6 OF 8-October 13,2014 City's adopted Comprehensive Plan. 2. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. 3. Considering the type and location of uses involved and the general character of the area, the change of the FLUM designation will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. 4. The request is consistent with Florida Statute Chapter 163, Part 11, of the Florida Statutes. FISCAL IMPACT: The requested Small Scale Plan Amendment is the initial step in order for the applicant to procure water and sewer service from the City of Longwood. The surrounding area is generally characterized by auto oriented commercial development in both Seminole County, City of Longwood and the City of Winter Springs. Based upon the current taxable value of the property ($522,800), the additional tax revenue to the City as a result of this annexation is estimated at $1,328. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on August 8, 2014. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. The proposed Ordinance was advertised in the Orlando Sentinel on August 21, 2014 as depicted in Attachment F. RECOMMENDATION: The Community Development Department - Planning Division requests that the City Commission hold a Public Hearing to consider Second Reading of both the Small-Scale Future Land Use map Amendment and Rezoning and make two (2) separate motions as follows: Public Hearings 501 PAGE 7 OF 8-October 13,2014 A. Approve Second Reading of Ordinance 2014-22, which proposes a Small-Scale Future Land Use Map Amendment for 1.9 acres of property located at 715 North U.S. Highway 17-92 from Seminole County "Mixed Development (MXD)" to City of Winter Springs "Commercial". B. Approve Second Reading of Ordinance 2014-23, which proposes a Rezoning for approximately 1.9 acres of property located at 715 North U.S. Highway 17-92 from Seminole County "Commercial (C-2)" to City of Winter Springs "Highway 17-92 Commercial District(C-3)" . ATTACHMENTS: A. Location Map B. Ordinance 2014-22 C. Ordinance 2014-23 D. Interlocal Agreement E. Legal Description/Survey F. Advertisement, Orlando Sentinel—August 21, 2014 G. Draft Minutes - September 22, 2014 City Commission Meeting Public Hearings 501 PAGE 8 OF 8-October 13,2014 SUBJECT PROPERTY Attachment"A" J� A I B oat L a k e r Jf+JJ�` 11Y � Oka t i 2 M " I .... M-17 Lulk. � aim � II�JI i off� IIFA ' Attachment T" ORDINANCE NO. 2014-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP FOR ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF 1.98 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED AT 715 NORTH HIGHWAY 17-92, LONGWOOD, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL FROM SEMINOLE COUNTY"MIXED DEVELOPMENT ("MXD") TO CITY OF WINTER SPRINGS "COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1), Florida Statutes; and WHEREAS,the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on September 3, 2014, in accordance with the procedures established in Chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS,the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation,hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: City of Winter Springs Ordinance No.2014-22 Pagel of 3 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, formerly known as the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by changing the designation of the real property legally described and depicted on Exhibit "A" from Seminole County "Mixed Development" to City of Winter Springs "Commercial'. Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (3 1) days after adoption, in accordance with Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty(30) days after adoption of this Ordinance, in which case this Ordinance shall become effective at such time as the state land planning agency or the Administrative Commission issues a final order determining that the adopted small scale development amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs City of Winter Springs Ordinance No. 2014-22 Page 2 of 3 Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of 12014. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No. 2014-22 Page 3 of 3 SCPA Parcel View:28-20-30-5AS-OB00-0010 Page I of 2 / 0:s 40 CFA Property Record Card PROPERYY Parcel: 28-20-30-5AS-0600-0010 Exhibit"A" APPRAISER Owner:THOMPSON YOLANDO TRUSTEE FBO '4'AA-9 f cX.X XqTY`I CA 10A Property Address: 715 N 17-92 HWY LONGWOOD,FL 32750-3261 Parcel:28-20-30-SAS-011300-0010 Value Summary Property Address:715 N 17-92 HWY 2014 Working 2013 Certified Owner:THOMPSON YOLANDO TRUSTEE FBO Values Values Mailing:715 N HWY 17-92 Valuation Method Cost/Market Cost/Market LONGWOOD,FL 32750 Subdivision Name:OAK GROVE PARK Number of Buildings 2 2 Tax District:04-COUNTY-17-92 REDVDST Depreciated Bldg Value $299,087 $292,823 Exemptions: Depreciated EXFT Value $11,474 $11,474 DOR Use Code: 2602-QUICK LUBETHRE CENTER Land Value(Market) $212,239 $212,239 Land Value Ag Just/Market Value ** $522,800 $516,536 ti Portability Adj Save Our Homes Adj $0 $0 Z, z Amendment I Adj $0 $0 Assessed Value $522,800 $516,536 (D Tax Amount without SOH: $8,267.16 2013 Tax Bill Amount $8,267.16 S r a L a#e Tax Estimator Save Our Homes Savings: $0.00 *Does NOT INCLUDE Non Ad Valorem Assessments Legal Description LEG LOTS I+2 BLK B OAK GROVE PARK PB 7 PG 83 Taxes Taxing Authority Assessment Value Exempt Values j Taxable Value County General Fund $522,800 $0 $522,800 Schools $522,800 $0 $522,800 Fire $522,800 $0 $522,800 Road District $522,800 $0 $522,800 SIWM(Saint Johns Water Management) $522,800 $0 $522,800 County Bonds $522,800 $0 $522,800 Sales Description Date Book Page Amount Qualified Vac/Imp WARRANTY DEED 4/112007 06669 1995 $100 No Improved WARRANTY DEED 12/1/2005 06057 0218 $325,000 No Improved WARRANTY DEED 2/1/1987 01819 0391 $100 No Vacant WARRANTY DEED 7/1/1986 01748 1578 $150,000 Yes Vacant Find Comparable Sales wahin this Subdivision Land Method Frontage Depth Units - UnitsPrioe---- Land Value SQUARE FEET 0 0 30317 $7.00 $212,219 ACREAGE 0 0 1.985 $10.00 $20 Building Information http://www.scpafl.org/ParceiDetailInfo.aspx?PID=2820305ASOBOOOOIO 7/28/2014 'SCPA Parcel View:28-20-30-5AS-OBOO-00 10 Page 2 of 2 # Description Year Built Stories Total SF Ext Wall Adj Value Repl Value Appendages Actual/Effective STEELIPRE METAL PREFINISHED- Description Area 1 1987 2 3,936 $163,205 $253,031 ENGINEERED. INSULATED No data to display STEEL/PRE METAL PREFINISHED- Description Area 2 ENGINEERED. 1987 1 3,840 $135,882 $210,669 INSULATED No data to dispLai .............. ........... Permits.- --- Permit# Type Agency Amount CO Date Permit Date No data to d-splay Extra Features Description Year Built Units Value New Cost II WWOOD FENCE 12/1/1987 139 $139 $139 COMMERCIAL CONCRETE DR 4 IN 12/1/1987 13,304 $11,335 $28,338 http://www.scpafl.org/PareelDetaillnfo.aspx?PID=2820305ASOBOOOOIO 7/28/2014 Attachment"C' ORDINANCE NO.2014-23 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.98 GROSS ACRES, MORE OR LESS, GENERALLY LOCATED AT 715 NORTH HIGHWAY 17-92, LONGWOOD, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM SEMINOLE COUNTY "COMMERCIAL (C-2)"TO WINTER SPRINGS"HIGHWAY 17-92 COMMERCIAL ZONING DISTRICT (C-3)"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City Commission is granted the authority,under Section 2(b),Article VIII,of the State Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs has recommended approval of this Ordinance at their September 3,2014 meeting; and WHEREAS,the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff,citizens,and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs,Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs, as described in City of Winter Springs Code Section 20-102, is hereby amended to to include a change of classification for the property legally described and depicted on Exhibit "A" from Seminole County "Commercial (C-2)" to Winter Springs "17-92 Commercial District (C-3)." Exhibit "A" is attached hereto and fully incorporated herein by this reference. City of Winter Springs Ordinance No.2014-23 Page 1 of 2 Section 3. Staff Instructions. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. In addition, upon adoption and full execution of this Ordinance by the City Commission, the City Clerk is hereby directed to record this Ordinance in the Official Records of Seminole County,Florida. This Ordinance shall run with the land. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith,are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate,distinct and independent provision,and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance No. 2014-22 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2014-22 does not become effective,then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of 12014. Charles Lacey,Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No.2014-23 Page 2 of 2 SCPA Parcel View:28-20-30-5AS-OB00-0010 Page I of 2 / 0:s 40 CFA Property Record Card PROPERYY Parcel: 28-20-30-5AS-0600-0010 Exhibit"A" APPRAISER Owner:THOMPSON YOLANDO TRUSTEE FBO '4'AA-9 f cX.X XqTY`I CA 10A Property Address: 715 N 17-92 HWY LONGWOOD,FL 32750-3261 Parcel:28-20-30-SAS-011300-0010 Value Summary Property Address:715 N 17-92 HWY 2014 Working 2013 Certified Owner:THOMPSON YOLANDO TRUSTEE FBO Values Values Mailing:715 N HWY 17-92 Valuation Method Cost/Market Cost/Market LONGWOOD,FL 32750 Subdivision Name:OAK GROVE PARK Number of Buildings 2 2 Tax District:04-COUNTY-17-92 REDVDST Depreciated Bldg Value $299,087 $292,823 Exemptions: Depreciated EXFT Value $11,474 $11,474 DOR Use Code: 2602-QUICK LUBETHRE CENTER Land Value(Market) $212,239 $212,239 Land Value Ag Just/Market Value ** $522,800 $516,536 ti Portability Adj Save Our Homes Adj $0 $0 Z, z Amendment I Adj $0 $0 Assessed Value $522,800 $516,536 (D Tax Amount without SOH: $8,267.16 2013 Tax Bill Amount $8,267.16 S r a L a#e Tax Estimator Save Our Homes Savings: $0.00 *Does NOT INCLUDE Non Ad Valorem Assessments Legal Description LEG LOTS I+2 BLK B OAK GROVE PARK PB 7 PG 83 Taxes Taxing Authority Assessment Value Exempt Values j Taxable Value County General Fund $522,800 $0 $522,800 Schools $522,800 $0 $522,800 Fire $522,800 $0 $522,800 Road District $522,800 $0 $522,800 SIWM(Saint Johns Water Management) $522,800 $0 $522,800 County Bonds $522,800 $0 $522,800 Sales Description Date Book Page Amount Qualified Vac/Imp WARRANTY DEED 4/112007 06669 1995 $100 No Improved WARRANTY DEED 12/1/2005 06057 0218 $325,000 No Improved WARRANTY DEED 2/1/1987 01819 0391 $100 No Vacant WARRANTY DEED 7/1/1986 01748 1578 $150,000 Yes Vacant Find Comparable Sales wahin this Subdivision Land Method Frontage Depth Units - UnitsPrioe---- Land Value SQUARE FEET 0 0 30317 $7.00 $212,219 ACREAGE 0 0 1.985 $10.00 $20 Building Information http://www.scpafl.org/ParceiDetailInfo.aspx?PID=2820305ASOBOOOOIO 7/28/2014 'SCPA Parcel View:28-20-30-5AS-OBOO-00 10 Page 2 of 2 # Description Year Built Stories Total SF Ext Wall Adj Value Repl Value Appendages Actual/Effective STEELIPRE METAL PREFINISHED- Description Area 1 1987 2 3,936 $163,205 $253,031 ENGINEERED. INSULATED No data to display STEEL/PRE METAL PREFINISHED- Description Area 2 ENGINEERED. 1987 1 3,840 $135,882 $210,669 INSULATED No data to dispLai .............. ........... Permits.- --- Permit# Type Agency Amount CO Date Permit Date No data to d-splay Extra Features Description Year Built Units Value New Cost II WWOOD FENCE 12/1/1987 139 $139 $139 COMMERCIAL CONCRETE DR 4 IN 12/1/1987 13,304 $11,335 $28,338 http://www.scpafl.org/PareelDetaillnfo.aspx?PID=2820305ASOBOOOOIO 7/28/2014 Attachment"D" INTERLOCAL AGREEMENT CITY OF WINTER SPRINGS AND CITY OF LONGWOOD STATE ROAD 17-92 MUNICIPAL SERVICE AREA THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this 8th day of September, 2005, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (hereinafter "Winter Springs"), and the CITY OF LONGWOOD, a Florida Municipal Corporation(hereinafter"Longwood"). WITNESSETH: WHEREAS, the subject matter of this Interlocal Agreement is limited to the provision of water and sewer service and other municipal services along a certain part of the eastern side of State Road 17-92 which lies within the City of Winter Springs or between the City of Winter Springs and the City of Longwood; and WHEREAS, Winter Springs and Longwood recognize that due to the current configuration of their respective municipal boundaries and several pockets of unincorporated Seminole County areas along the eastern side of the S.R. 17-92 corridor, the provision of municipal services in an efficient and cost effective manner is very challenging and requires cooperation and joint planning between Winter Springs and Longwood; and WHEREAS,Winter Springs and Longwood share a common interest in ensuring, to the extent feasible, that municipal services are efficiently provided along the S.R. 17- 92 corridor in a cost effective manner;and Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 1 of 16 WHEREAS, Winter Springs and Longwood acknowledge that Longwood is presently better situated to provide more efficient and cost effective water and sewer services along the S.R. 17-92 corridor; and WHEREAS, Winter Springs and Longwood also acknowledge that Winter Springs is presently better situated to provide other municipal services in a more efficient and cost effective manner along the eastern side of the S.R.17-92 corridor;and WHEREAS, this Agreement is entered into pursuant to the general authority granted municipalities under the Florida Municipal Home Rule Powers Act and the Florida Interlocal Cooperation Act of 1969; and WHEREAS, the Florida Interlocal Cooperation Act of 1969 specifically encourages and permits local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of government organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act also specifically encourages the joint planning coordination between and among municipalities to facilitate and promote the adequate and efficient provision of municipal services;and WHEREAS, Section 180.19 (1), Florida Statutes, further authorizes municipalities to provide water and sewer services to other municipalities or property Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 2 of 16 owners within the limits of another municipality upon such terms and conditions as may be agreed between the municipalities and the owners of such outside property; and WHEREAS, Winter Springs and Longwood agree that this Agreement, and the joint planning concepts set forth herein, will best promote the public interest of both cities by reducing the possibility of future conflicts regarding the provision of municipal services in the area described in this Agreement; and WHEREAS, this Agreement also furthers the public policy of the State of Florida, established pursuant to Chapter 171, Florida Statutes, to eliminate enclaves and pockets of unincorporated areas that may cause a significant strain on the provision of municipal services. NOW THEREFORE, in consideration of the covenants and agreement hereinafter set forth, to be kept and performed by both`parties, Winter Springs and Longwood agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference. 2.0 Definitions. Unless the context clearly indicates otherwise,the following words and phrases shall have the meaning hereafter ascribed below: 2.1 "Agreement" shall mean this Interlocal agreement between the city of Winter Springs and the city of Longwood. 2.2 "Winter Springs"shall mean the city of Winter Springs, a Florida municipal corporation. 2.3 "Longwood"shall mean the city of Longwood, a Florida municipal Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 3 of 16 corporation. 2.4 "Service Area" shall mean the area along the eastern side of State Road 17-92 and more specifically defined on Exhibit"A." Exhibit "A" is hereby fully incorporated into this Agreement by this reference. 2.5"Gross Revenue"shall mean all gross revenues collected by Longwood for providing water and sewer service to properties located within the City of Winter Springs and within the Service Area including, but not limited to, all rates, fees, and charges authorized pursuant to Section 180.191, Florida Statutes, and the City of Longwood Code of Ordinances. 3.0 Procedure for Providing Water and Sewer Service. Prior to providing water and sewer service to a particular property within the Service Area, Longwood shall provide Winter Springs with written notice of its intent to provide such service. Upon receipt of said notice, Winter Springs shall promptly verify in writing that the property is subject to this Agreement and verify that the property is either located within the jurisdictional boundaries of the Winter Springs or unincorporated Seminole County. 3.1 Property in Winter Springs. If Winter Springs verifies that the property is located within the City of Winter Springs, Longwood may immediately proceed to provide water and sewer service to said property subject to the terms and conditions set forth in paragraph 4.0 of this Agreement. 3.2 Property in Unincorporated Seminole County. If Winter Springs Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 4 of 16 verifies that the property is located within unincorporated Seminole County, Longwood shall require, as a condition precedent to providing water and sewer service, that the property owner enter into a voluntary annexation agreement with Winter Springs. The annexation agreement shall be on a form proscribed by Winter Springs. At such time the annexation agreement is fully executed by the property owner and Winter Springs, Longwood may immediately proceed to provide water and sewer service to said property. At such time that Winter Springs completes any annexation subject to this Agreement, Winter Springs shall provide Longwood with written notice. Upon receipt of said notice, the annexed property shall be subject to the terms and conditions set forth in paragraph 4.0 of this Agreement. Notwithstanding the aforementioned, if Longwood is providing water and sewer service to a property within unincorporated Seminole County at the effective date of this Agreement, Longwood and Winter Springs agree to encourage the owner of said property to execute an annexation agreement with Winter Springs in furtherance of joint planning purposes set forth hereunder. 4.0 Properties within the City of Winter Springs., Winter Springs hereby consents and grants Longwood a limited franchise to provide water and sewer service to properties located both within the City of Winter Springs and the Service Area. This franchise shall grant Longwood the right to construct, operate, own, and maintain in existing and future rights-of-way,within the Service Area, the utility lines and equipment Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 5 of 16 deemed necessary for the proper operation and maintenance of the City of Longwood utility system to provide the water and sewer service authorized by this Agreement. Further, the franchise shall be strictly limited to those properties lying within the Service Area,and shall be subject to the following terms and conditions: 4.1 Optional Franchise Fee. For the privilege of providing water and sewer service within the corporate limits of the City of Winter Springs, Winter Springs reserves the right to impose a franchise fee, to the extent permitted by law, on the water and sewer services provided by Longwood under this Agreement. Should Winter Springs impose a franchise fee, the franchise fee shall be calculated based on the Gross Revenue collected by Longwood from each customer that receives water and sewer service. In addition, Longwood agrees to pay the franchise fee to Winter Springs on a monthly basis unless otherwise provided by law. In a manner acceptable to both parties, Longwood shall provide Winter Springs a written monthly accounting, by customer, of the franchise fee and the Gross Revenues collected in the City of Winter Springs. Any franchise fee imposed pursuant to this paragraph shall not apply to water and sewer services provided by Longwood within unincorporated Seminole County. 4.2 Municipal Public Service Tax. To the extent permitted by law, including Section 166.231, Florida Statutes, Winter Springs reserves the right to impose a municipal public service tax on all water services Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 6 of 16 provided by Longwood within the corporate limits of Winter Springs. Additionally, should the current law change and authorize Winter Springs to impose a municipal public service tax on sewer service, Winter Springs shall have the right to impose such tax to the extent permitted by law and the provisions of this paragraph shall also apply to such taxes imposed on sewer service. All such taxes imposed under this Agreement shall be collected by Longwood at the time of the payment for such services by the customer. Longwood shall remit the taxes collected to Winter Springs on a monthly basis unless otherwise provided by law. Longwood acknowledges that at the effective date of this Agreement, Winter Springs currently imposes a ten percent (10%) municipal public service tax on all water service provided within the City of Winter Springs and Longwood agrees that it shall impose and collect such tax on all properties within the City of Winter Springs that are subject to this Agreement. Any municipal public service tax imposed pursuant to this paragraph shall not apply to water and sewer services provided by Longwood within unincorporated Seminole County. 4.3 Rates. All rates, fees, and charges imposed on water and sewer customers by Longwood shall comply with Section 181.191, Florida Statutes and other applicable laws. Longwood shall provide Winter Springs with at least ten (10) days written notice of any proposed change in water and sewer rates, fees, and charges. Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 7 of 16 4.4 Other Municipal Services. Winter Springs shall provide all other municipal services to the Service Area including, but not limited to, police, fire, code enforcement,planning and zoning, stormwater, and solid waste services. 4.5 Winter Springs' Option to Purchase. Upon termination of this Agreement, Winter Springs shall have the right to purchase Longwood's water and sewer utility infrastructure, and customers serviced thereby, located within the municipal boundaries of the City of Winter Springs under the terms and conditions set forth herein. In order to exercise this option, Winter Springs must provide Longwood written notice of its intent to purchase said infrastructure and customers. Said notice must be received at such time the parties mutually terminate this Agreement or within ninety (90) days prior to the term of this Agreement expiring in accordance with paragraph 9.0. Otherwise, if timely notice is not provided, the option shall expire and be of no further force and effect. If said notice is timely given, Longwood and Winter Springs shall meet, to the extent reasonably necessary, to determine the terms and conditions of the sale of said utility infrastructure including, but not limited to, the purchase price for such facilities based upon the fair market value of Longwood's water and sewer utility which is operating within the City of Winter Springs pursuant to this Agreement, the closing date, and the orderly transfer of customers. Upon final determination of the terms and Interlocal Agreement City of Winter Springs and City of Longwood S.& 17-92 Service Area Page 8 of 16 conditions of the sale and unless a different closing date is mutually agreed to in writing by the parties, the parties shall close on the purchase, and transfer of the infrastructure and customers, within three hundred and sixty(360) days of Winter Springs written notice of intent to purchase said infrastructure and customers. Longwood reserves the right to increase the sale price sixty (60) days prior to closing for any improvements to the infrastructure made by Longwood. The increase to the sale price shall be based only on the actual cost of the infrastructure (labor and materials). Longwood will make only those improvements as it would make in the ordinary course of its business or as directed by the agencies regulating Longwood's operation. If Winter Springs fails to close the purchase within the time frame set forth herein, Longwood shall have the right to terminate the sale and Winter Springs' option to purchase shall expire and be of no further force and effect. 5.0 Conditions Precedent. All rights, obligations and liabilities of the parties under this Agreement shall be subject to the satisfaction of the following conditions precedent: 5.1 The complete execution of this Agreement by the parties. 5.2 The approval of this Agreement by both the City Commission of Winter Springs,Florida and the City Commission of Longwood,Florida. Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 9 of 16 5.3 The Agreement being filed with the Clerk of the Circuit Court in and for Seminole County,Florida,pursuant to Section 163.01(11),Florida Statutes. 6.0 Representations of Winter Springs. Winter Springs makes the following representations to Longwood: 6.1 Winter Springs is duly organized and in good standing under the laws of the State of Florida, and is duly qualified and authorized to carry on the governmental functions and operations set forth in this Agreement. 6.2 Winter Springs has the power, authority and legal right to enter into and perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Winter Springs, (i) has been duly authorized by the City Commission of Winter Springs; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon the assets of Winter Springs, except as otherwise provided herein. 7.0. Representations of Longwood. Longwood makes the following representations to Winter Springs: 7.1 Longwood is duly organized and in good standing under the laws of the State of Florida, and is duly authorized to carry on the governmental functions and operations set forth in this Agreement. 7.2 Longwood has the power,authority,and legal right to enter into and Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 10 of 16 perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Longwood (i) has been duly authorized by the City Commission of Longwood; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon the assets of Longwood, except as otherwise provided herein. 8.0 Recordation. This Agreement shall be considered an Agreement pursuant to Section 163.01, Florida Statutes. A true and correct copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Seminole County, Florida, by Winter Springs and Winter Springs shall provide Longwood with a recorded copy of the Interlocal Agreement upon receipt from the Clerk of the Circuit Court. 9.0 Term. The term of this Agreement shall be for thirty (30) years, unless sooner terminated by mutual written Agreement of Winter Springs and Longwood. By mutual agreement, Longwood may renew this Agreement for an additional thirty (30) year term. 10.0 Notices. All notices and correspondence shall be(i) hand delivered (with signed acknowledgment of receipt or affidavit of delivery), (ii) delivered by registered or certified mail, return receipt requested, or(iii) delivered by overnight carrier with signed acknowledgment of receipt. All such notices and correspondence shall be sent to the respective parties, with copies forwarded to their agents or attorneys, at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing. Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 11 of 16 (a)if to Winter Springs: CITY OF WINTER SPRINGS Attention City Manager 1126 East State Road 434 Winter Springs,FL 32708 Telephone: 407-327-5957 Facsimile: 407-327-7575 (b) if to Longwood: CITY OF LONGWOOD Attention City Manager 175 West Warren Avenue Longwood,Florida 32750 Telephone: 407-260-3440 Facsimile: 407-260-3419 Any notice or demand so given, delivered or made by United States Mail, shall be deemed so given, delivered or made three (3) days after the same is deposited in the United States mail, registered or certified, return receipt requested, addressed as above provided, with postage thereon prepaid. Any such notice, demand or document hand delivered or made by overnight carrier shall be deemed to be given, delivered or made upon delivery(or attempted delivery, if deliver is not accepted) of the same at the address where the same is to be given, delivered or made. 11.0 Severability. It is further understood and agreed that in the event any provision of this Agreement shall be adjudged, decreed,held, or ruled to be invalid, such provision or a portion thereof shall be deemed severable, and it shall not invalidate or impair the agreement as a whole or any other provision of the Agreement. 12.0 Non-Waiver. No covenant, term, condition (or breach thereof), shall be deemed waived, except by written consent of the party against whom the waiver is claimed. A waiver of any covenant, term, or condition (or breach thereof), shall not be deemed to be a waiver of any other covenant,term or condition(or breach thereof). Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 12 of 16 13.0 Captions. Captions and headings in this Agreement are for convenience only and shall not be relied upon in construing the meaning of this Agreement or any of its provisions. 14.0 Choice of law: Venue. This Agreement has been made and entered into in the State of Florida, County of Seminole, and the laws of such state shall govern the validity and interpretation of this Agreement and the performance due hereunder. The parties agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. 15.0 InteEration. The drafting, execution, and delivery of this Agreement by the parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. The parties agree that they have both contributed equally to the drafting of this Agreement and this Agreement shall not be construed more favorably against the other in the event of any conflict with regards to the terms and conditions used herein. 16.0 Attorneys Fees. In the event that any party brings suit to enforce any of the provisions of this Agreement, each party agrees to bear its own costs and expenses of Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 13 of 16 such action including, but not limited to, reasonable attorney's fees, whether at settlement,trial,post judgment, or an appeal. 17.0 Indemnification. To the extent permitted bylaw,and without waiving sovereign immunity, each party to this Agreement shall be responsible for any and all claims, demands, suites, actions,damages, and causes of action related to or arising out of or in any way connected with its own actions and omissions, and the actions and omissions of its personnel, in performing its obligations pursuant to the terms and conditions of this Agreement. 18.0 Sovereign Immunity.Nothing contained in this Agreement shall be construed as a waiver of Winter Springs's or Longwood's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on their potential liability under state or federal law. 19.0 Assignment Prohibited: Third Parties. Assignment of this Agreement is strictly prohibited. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Winter Springs and Longwood, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Winter Springs and Longwood and not for the benefit of any other party. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals this day and year first above written. {Signature Page Follows} Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 14 of 16 CITY qVVNTIM SPRINGS,FLORIDA By: = Jo F.Bush,Mayor ATtE By nzo-Luace s,City Clerk AS RM AND SUFFICIENCY: BY: Anthony A. Garganese,City Attorney CITY OF LONGWOOD,FLORIDA By: H.G. "Butch"Bundy,M or ATTEST: By. . Sarah Mijares,City Clerk AS TO LEGAL FORM AND SUFFICIENCY: BY: RicharFISylor, City rney Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 15 of 16 1110 a 0 MM ago M a E ■ MEN I Polizan Lake Park IN 111 � . : _ fir, � MEN mom gill B-Dat ak 11111MININ milli INN 0 NINON Hill ■ Lake way man 11111 =0 milli room so■ k. n-1316W)f Par It s ATION 17 !�rW =11V Winter-Springv-Gal 0 mom MI MOMMEN1 ME@ low INN La- IS mom Lake Irene F� v Lu - r q1-im W-h"Y -v 14 +417714- 4-.." tT- m6-- 1-77-77-7-7 F-7-7----------I MEW-- T7 L 7� ILLLLL]'it 111MIN 111111101,111, TTI L LIL FT L II---------- rL FT LLLLJ 7----AVI' 1 1 -®' &minok-Couni�Prop!!�y,�pprai!�r-C�pyr�EJC) Utility Service Area Annexation Limits AT BEL-AIRE H��. s ANC- ax..�-�:-c. .�:.=vyra'`^� i ftki, 7.wlc wa•.we*__ E-�app,g Is ,-�_ � `�=T' -7 'i-`„"`W � - Attachment "E" { I a M .. 041 E[ I _ D tl, RE SE " Ito r- NCNIi1CH,1 nOTr� CERTIFIED CORRECT CARTER,ts AYi.115, SAND SuRV«Un 6J6` ,(MORE Rot _ DAiE A,NIEM PARK"LOMOA �lG iA VEYdI NO -�—_ 130% 647-754 - FILE NO. f� f1d " 001W N� �M ®rr car � �� � �� � �� N " H [ l f 1� maw pu " -5 FF tF ! Fi 3811 ISII -�� £ 4,6100 -A � @ RT 10300 IN ,: 4404F F r, ,S,F$[ �p�dMj�gqrFii� tta�� �" p��Fg IrF -1 YO 4 W F� L+ y F � OW I t sz 2. 1 2 FrrF t mw �3�F hF VF g � € r l FFaF : , r� a Fa WEEtr; � F PP _ 3 ��H AYE e tpr: €3a�t E OR y ski Crt'Y HALL F r f .: � fC­FMD11W I F pu F f r rf2t,'�Il� `Ekf � _#. Pill y* zr=, g# `{ FF z FF,* r Ly.y r t 17F� x4g f[ � k`£F �r 00 `1-`r.���AO Imp� �[ Fs.: q'( 4 �'�FFY¢t @:� CFj( F jZ3F� 4 - ins Z € F F F/W }Ift,`F{GM1EpF[€�yga � @ guy ou r c $ 1F r tFF tflf '�FFF 2 j Fz ���' a � L { El OF P MmERGIN f EF IN Y d t J f ) F t 3t 23 t 3 I s P f Std FF yr If 1 z 4-g �r EP i # .: y u N i { S tor —WILL, HELD r�rt� c�c�0 a FT,SMOGS Otte { fi EAV X ROAD f ft fF 1�"fE� r fern rF €f€ EMO ?Its�r�{"� �Cmm TWA- � rl �' s� f,sf fz r 6- y agid r € a ads ms`s fs Bur Attachment "G" ABSTRACT CITY OF WINTER SPRINGS, FLORIDA U. CITY COMMISSION REGULAR MEETING MONDAY, SEPTEMBER 22, 2014 — 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA CALL TO ORDER The Regular Meeting of Monday, September 22, 2014 of the City Commission was called to Order by Mayor Charles Lacey at 5:17 p.m. in the Commission Chambers of the Municipal Building(City Hall, 1126 East State Road 434,Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey,present Deputy Mayor Rick Brown,present Commissioner Jean Hovey,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 A moment of silence was held, followed by the Pledge of Allegiance. PUBLIC HEARINGS AGENDA — PART I OF II PUBLIC HEARINGS 500. Finance and Administrative Services Department REQUEST: The City Manager is requesting that the City Commission hold a Public Hearing relative to the approval of Resolution 2014-20, which establishes the Final Operating Millage Rate and the Final Voted Debt Service Millage Rate for Fiscal Year 2014-2015 for the City of Winter Springs. CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: FISCAL IMPACT: The decision to levy an operating millage rate of 2.4300 mills as opposed to the rolled- back rate of 2.3183 mills results in additional ad valorem General Fund revenues of approximately $188,000 (net of statutory discount). The decision to maintain the voted debt service millage rate at 0.1100 mills requires a subsidy from the General Fund to the Central Winds Debt Service Fund in the amount of $13,000 which would have been greater had the Central Winds General Obligation Bond not been refinanced. 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. The Property Appraiser mailed each property owner a TRIM notice prior to the first Public Hearing on September Stn. Additionally, the budget calendar has been on the City's website since its approval in March and notice of the final public hearing was advertised on the City Hall electronic sign and City newsletter. Lastly and most importantly, the statutorily required advertisements ran in the Orlando Sentinel on September 18, 2014. Upon approval and adoption of Resolution 2014-20, the final millage rates for fiscal year 2014-2015 will be communicated to the Seminole County Property Appraiser and the Seminole County Tax Collector as the millage rates to be levied by the City of Winter Springs for the 2014 tax year(Fiscal Year 2014-2015). RECOMMENDATION: Staff recommends the Commission approve Resolution 2014-20 establishing the fiscal year 2014-2015 Final operating millage rate for the City of Winter Springs at 2.4300 mills and the Final voted debt service millage rate at 0.1100 mills and publicly announce that the operating millage rate of 2.4300 mills is 4.82% greater than the rolled-back rate of 2.3183 mills. Mayor Lacey stated, "The decision to levy an Operating Millage Rate of 2.4300 Mills, as opposed to the Rolled-Back Rate of 2.3183 Mills, results in additional Ad-Valorem General Fund Revenues of approximately one hundred and eighty eight thousand dollars ($188,000.00)." Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department presented the item and added, "This recommended Millage is 4.82% greater than the Rolled- Back Rate. So,we have on the table 2.43 for Operating and 0.1100 Mills for Voted Debt." Page 2 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY RESNICK.DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE TM COMMISSIONER CARROLL: AYE Cla MOTION CARRIED. PUBLIC HEARINGS 501. Finance and Administrative Services Department REQUEST: The City Manager is requesting that the City Commission hold a Public Hearing to consider the approval of Resolution No. 2014-21, establishing the Final Budget for Fiscal Year 2014-2015. FISCAL IMPACT: The proposed final city-wide budgets by fund type currently reflect the following appropriations to(from)fund balance: General Fund — ($432,744); comprised of $6,097 of positive operating coverage and ($438,841)in capital/non-recurring coverage Governmental Funds(exclusive of General Fund)—($1,863,843) Enterprise Funds—($317,076) 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. Page 3 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: The Property Appraiser mailed each property owner a TRIM notice prior to the first Public Hearing on September 8th. Additionally, the budget calendar has been on the City's website since its approval in March and notice of the final public hearing was advertised on the City Hall electronic sign and City newsletter. Lastly and most azli importantly, the statutorily required advertisements ran in the Orlando Sentinel on September 18, 2014. The Tentative Budget is posted on the City's website and within two weeks of adoption the Final Budget will likewise be published. RECOMMENDATION: M Staff recommends that the Commission approve adoption of Resolution No. 2014-21 U. establishing the final budget for Fiscal Year 2014-2015. Ms. Balagia presented the item. Ms Ballagia mentioned, "There have been a few, slight changes from the Tentative Budget. Those are captured in `Attachment 2'. They are relatively immaterial. So, the request for `Total Budgeted Expenditures' in total of thirty nine million eight hundred seventy thousand six hundred nine dollars ($39,870,609.00) and that is inclusive of`Interfund Transfers'." 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. "I'LL MAKE A MOTION TO APPROVE." MOTION BY COMMISSION HOVEY. SECONDED BY COMMISSIONER CARROLL.DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used Page 4 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: INFORMATIONAL AGENDA INFORMATIONAL 200. Community Development Department REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City,and all individuals who have requested such information. This information has also been posted outside City Hall,posted inside City Hall with additional copies available for the General Public,and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. INFORMATIONAL 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission about planning efforts for the 2014 Hometown Harvest event. FISCAL IMPACT: • Projected expenses of$4,302 (Attachment A). • Projected revenues from sponsorship and vendor booths is $3,000. • Remaining expenses will be covered with funds from the Community Events Escrow. Page 5 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City,and all individuals who have requested such information. This information has also been posted outside City Hall,posted inside City Hall with additional copies available for the General Public,and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 202. Utility Department REQUEST: The Utility Department wishes to inform the City Commission of the Pending Publication and Distribution of a Required Public Notice for Exceeding the Total Trihalomethanes Drinking Water Standard. FISCAL IMPACT: Implementation of improved treatment processes, such as forced draft aeration, were included as an alternative in the 2009 utility rate study. The estimate at the time was that an additional 25% increase in potable water rates would be needed to support the increased capital and operating costs. 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. Page 6 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. wJ This Agenda Item was not discussed. s FUr��f PUBLIC INPUT Y Mayor Lacey opened "Public Input". } Mr. Bryan Wilson, 702 Heather Lane, Winter Springs, Florida: noted that since the last Winter Springs City Commission meeting, two additional cities in Florida have adopted Ordinances banning the retail sells of dogs and cats. Nancy Vail, 1374 Augusta National Boulevard, Winter Springs, Florida: spoke about a neighbor's oak trees that were removed,that the Country Club Village neighborhood does not look as appealing without the trees, and was asking that trees be replanted by the City. Deputy Mayor Brown noted that the issue will likely come before the City Commission and asked City Manager Smith if a date had been set for the hearing. City Manager Smith replied, "Not at this point. It is my understanding that Mr. (Randy) Stevenson (Director, Community Development Department) will be meeting with Ms. Gurnsey to speak on this matter tomorrow. After that,we will go from there." Ms. Vail subsequently asked if the residents could be notified of the hearing. It was suggested she get in contact with Mr. Stevenson for any updates. Ms. Vail thanked the Mayor and City Commission. Mayor Lacey closed "Public Input". CONSENT AGENDA CONSENT 300. Public Works Department REQUEST: The Public Works Department requests the City Commission's authorization to execute a task order with CPH, Inc.in the amount of$66,305.20 for the design of Central Winds Park Roadway Improvements,funded by Transportation Impact Fees. FISCAL IMPACT: The design and permitting cost is $66,305.20, plus a 10% contingency,funded by Transportation Impact Fees. Page 7 of 22 rlaal CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: 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, ti 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 n 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 �.Mr Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission authorize the execution of a task order with CPH, Inc.in the amount of$66,305.20 plus a 10% contingency for the design of Central Winds Park Roadway Improvements,funded by Transportation Impact Fees. No discussion. CONSENT 301. Community Development Department REQUEST: The Community Development requests that the City Commission approve the consolidation of two landscape maintenance contracts (Maki Landscaping, LLC with Dawnalee Corporation) for landscape maintenance services for the Town Center Phase I. FISCAL IMPACT: The incremental cost to the City of consolidating these two contracts is$109.80 per year which will more than be exceeded by the savings of not having to administer the additional contract. 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. Page 8 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: RECOMMENDATION: Staff recommends that the City Commission approve the consolidation of the Maki Contract scope-of-services with the Dawnalee (Blumberg Contract) scope-of-services in order to obtain higher quality services, reduce the number of small contracts requiring administration by staff, at a negligible cost to the City. This Agenda Item was not discussed. CONSENT 302. Information Services Department REQUEST: `FrN The Information Services Department requests Commission approve renewal and payment of the attached Tyler Technologies software maintenance agreement for the € s period of October 1, 2014 thru September 30, 2015 in the amount of $40,491.20, ,�d authorize Information Services to renew and pay the OSDBA maintenance agreement F. in the amount of $13,068.36 for FY 2015 if circumstances necessitate the use of said services, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. This will be the final maintenance to be renewed with Munis. FISCAL IMPACT: The fiscal impact is $40,491.20 and an additional $13,068.36 (only if needed). Both are budgeted in Information Services Department 001-16-1600-530342 Maintenance Agreements and Contracts. 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. Page 9 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: RECOMMENDATION: The Information Services Department requests the Commission approve renewal and payment of the Munis annual maintenance and support agreement in the amount of $40,491.20; authorize renewal and payment of OSDBA maintenance in the amount of $13,068.36 if circumstances necessitate the use of said services; and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. t§ CONSENT 303. Office of the City Clerk REQUEST: s " The City Clerk is requesting the City Commission Review and Approve the Monday, `"" September 8,2014 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is requested to consider and offer their Approval of the Monday, September 8,2014 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY HOVEY.DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Page 10 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report. REPORTS 401. Office Of The City Manager—Kevin L. Smith K City Manager Smith noted that Commissioner Krebs sits on a Florida League of Cities Legislative Policy Committee; that due to a prior commitment, Commissioner Krebs would not be able to attend an upcoming Committee Meeting in October; and Commissioner Krebs was asking the Mayor and Commission if it would be acceptable for City Clerk Lorenzo Luaces to attend the Committee Meeting on behalf of Commissioner Krebs. Mayor Lacey asked City Clerk Lorenzo Luaces, "Are you able to and willing?" City Clerk Lorenzo Luaces replied,"Of course.Yes." Next, Mayor Lacey confirmed with the Commission if this would be acceptable. No objections were noted. REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces, MMC City Clerk Lorenzo Luaces mentioned that an Agenda Item for the Appointments to the Bicycle and Pedestrian Advisory Committee should be expected next month, with Appointments to the Parks and Recreation Advisory Committee coming later. City Clerk Lorenzo Luaces also noted that the interested candidate's applications would be sent to the Mayor and Commission in their "Dropboxes" and if they would like the receive the applications in this manner. Commissioner Carroll replied, "I would appreciate that very much." The other Commissioners nodded in agreement. City Clerk Lorenzo Luaces added, "I will keep you posted when they are ready." REPORTS 403. Office of Commissioner Seat Three- The Honorable Pam Carroll Commissioner Carroll mentioned on-site meetings she had with Duke Energy on tree trimming near high transmission lines and establishing a point of contact with Duke Energy for resident's concerns. Mayor Lacey asked City Manager Smith if Duke Energy has been responsive. City Manager Smith replied that so far they had been responsive. Discussion. Page 11 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: REPORTS 404. Office of Commissioner Seat Four- The Honorable Cade Resnick Commissioner Resnick noted the City's focus on great customer service and believed that establishing those contacts with Duke Energy, and other entities conducting business in Winter Springs, would certainly help in this regard. Commissioner Resnick added that he was concerned and upset with the handling of resident's concerns by Duke Energy. Commissioner Resnick apologized in advance for not being able to attend "Hometown Harvest"this year,due to a prior commitment. U..a REPORTS 0 405. Office of Commissioner Seat Five-The Honorable Joanne M.KrebsF= _ .. a Absent. t: ..,.. REPORTS 406. Office of the Mayor-The Honorable Charles Lacey No Report. REPORTS 407. Office of Commissioner Seat One- The Honorable Jean Hovey Commissioner Hovey mentioned that last week she had attended the Tri-County League of Cities Meeting. At the meeting, a representative from Metro Orlando Economic Development Commission noted that 2.3 million people live in Orange, Seminole, Lake, and Osceola Counties; and in the state, one out of every three jobs are in the tourist industry. REPORTS 408. Office of Commissioner Seat Two/Deputy Mayor—The Honorable Rick Brown Deputy Mayor Brown was also concerned with Duke Energy's response to resident's concerns, their performance in tree trimming, and hoped they would be more willing to work with the City. Next, Deputy Mayor Brown introduced Mr. Matt Del Bene, whose was in attendance and was making a feature film in Winter Springs and Oviedo called "River Money". Mr. Del Bene thanked Deputy Mayor Brown, gave a brief overview of the film, and noted he was in the fundraising stage to produce the film. Deputy Mayor Brown reminded all that the return of the Honor Flight is on Saturday, September 27f, there will be 75 Veterans on the airplane, encouraged all to attend, and that he was honored to be on the flight with the Veterans. Page 12 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: In addition, Deputy Mayor Brown mentioned that he was recently on the Carl Jackson Radio Show with Winter Springs resident Dan Peterson, who leads the group "Coalition of Property Rights". Deputy Mayor Brown added that the group is against Amendment 1, which proposes thirty percent(30%) of Document Stamps will be set aside to purchase lands and hold them in Government Trusts. Deputy Mayor Brown also noted that he would be inviting a published author, Ms. Joanne Jacuban,to speak at a meeting next month about her book"Not ready for Winter Springs". Lastly,Deputy Mayor Brown briefly spoke about his campaign. PUBLIC HEARINGS AGENDA- PART II OF II pk; r PUBLIC HEARINGS 502. Community Development Department-Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing for the Second Reading of Ordinance 2014-14, which adopts the City's five (5) year schedule of capital improvements in accordance with the Community Planning Act for FY 2014/2015 through FY 2018/2019. FISCAL IMPACT: The Capital Improvements Program (CIP) is a 6-year schedule of improvements that includes the Capital Improvements Element Schedule and all other capital projects to be funded by the City. There is no immediate fiscal impact directly 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. The proposed Ordinance was advertised in the Orlando Sentinel on July 31, 2014 as depicted in Attachment B. Page 13 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: RECOMMENDATION: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing for the Second Reading of Ordinance 2014-14,which adopts the City's five (5) year schedule of capital improvements in accordance with the Community Planning Act for FY 2014/2015 through FY 2018/2019. Attorney Garganese read Ordinance 2014-14 by"Title"only. Mayor Lacey asked Randy Woodruff, Senior Planner, Community Development Department, "Anything to add Randy?"Mr. Woodruff replied, "No sir.No changes. g=°, Mayor Lacey opened the "Public Input"portion of the Agenda Item. SYs'' No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN.DISUCSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 503. 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 Annexation Agreement between the City of Winter Springs and Jennifer Thompson Truglia; and First Reading of Ordinance 2014-21,which proposes to voluntarily annex approximately 1.9 acres of property located at 715 North U.S. 17-92. FISCAL IMPACT: The requested annexation is the initial step in order for the applicant to procure water and sewer service from the City of Longwood. The surrounding area is generally characterized by auto oriented commercial businesses within both Seminole County, City of Longwood and the City of Winter Springs.Based upon the current taxable value of the property ($522,800), the additional tax revenue to the City as a result of this annexation is estimated at$1,328. Page 14 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: 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 van 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/Re resentatives on file with the City,ty, and all individuals who E� have requested such information. This information has also been posted outside City ,y" $tom:>T 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 7A Agenda Item or any Agenda Item with any interested individuals. Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044(6),the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on August 8, 2014. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. The proposed Ordinance was advertised in the Orlando Sentinel on September 11, 2014 as depicted in Attachment F. The second consecutive legal ad will run in the Orlando Sentinel on September 18,2014. RECOMMENDATION: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of both the Annexation Agreement and Annexation and make two(2)separate motions as follows: A. Approve First Reading of the Annexation Agreement between the City and Jennifer Thompson Truglia for property located at 715 North U.S. Highway 17-92 as stipulated within the Interlocal Agreement between the City of Winter Springs and the City of Longwood. B. Approve First Reading of Ordinance 2014-21, which proposes to voluntarily annex approximately 1.9 acres of property located at 715 North U.S. 17-92. "MOTION TO READ (ORDINANCE 2014-21) BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2014-21 by"Title"only. Page 15 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: Mr. Woodruff clarified, "Both the Annexation Agreement and the Annexation before you this _ evening are coming as a result of the existing Interlocal Agreement between both the City of Winter Springs and(City of) Longwood, as it relates to the applicant's request to procure both water and sewer from the City of Longwood. The two separate motions, one being the Annexation Agreement—not needing two(2)Readings. So,we are requesting the approval for the(Annexation)Agreement and then a separate Motion for First Reading of the Annexation" Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. U=gib Mayor Lacey closed the "Public Input"portion of the Agenda Item. r: v "MOTION TO APPROVE THE ANNEXATION AGREEMENT." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Mayor Lacey said,"First Reading of Ordinance 2014-21. Is there a Motion?" "MOTION (TO APPROVE)." MOTION BY COMMISSIONER CARROLL. SECONDED BY DEPUTY MAYOR BROWN.DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department- Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning for approximately 1.9 acres of property located at 715 North U.S. 17-92 as described within Ordinances 2014-22 and 2014-23. Page 16 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: FISCAL IMPACT: The requested Small Scale Plan Amendment is the initial step in order for the applicant to procure water and sewer service from the City of Longwood. The surrounding area is generally characterized by auto oriented commercial development in both Seminole County, City of Longwood and the City of Winter Springs. Based upon the current taxable value of the property ($522,800), the additional tax revenue to the City as a result of this annexation is estimated at$1,328. 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 4%,-0 forwarded to the individuals noted above, and which is also available on the City's F Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on August 8, 2014. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. The proposed Ordinance was advertised in the Orlando Sentinel on September 11 & 18, 2014 as depicted in Attachment F. RECOMMENDATION: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning and make two (2) separate motions as follows: A. Approve First Reading of Ordinance 2014-22, which proposes a Small-Scale Future Land Use Map Amendment for 1.9 acres of property located at 715 North U.S. Highway 17-92 from Seminole County "Mixed Development (MXD)" to City of Winter Springs "Commercial" B. Approve First Reading of Ordinance 2014-23, which proposes a Rezoning for approximately 1.9 acres of property located at 715 North U.S. Highway 17-92 from Seminole County "Commercial (C-2)" to City of Winter Springs "Highway 17-92 Commercial District(C-3)". "MOTION TO READ BY `TITLE' ONLY."MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN.DISCUSSION. Page 17 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese asked, "Does that Motion apply to both Ordinances?" Commissioner Hovey replied,"Yes." Attorney Garganese read Ordinance 2014-22 and then read Ordinance 2014-23, each by "Title"only. Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. ' Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING — ORDINANCE 2014-22." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "MOTION TO APPROVE ORDINANCE 2014-23 TO SECOND READING."MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Page 18 of 22 sin CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Pursuant to direction given at the September 8, 2014 City Commission meeting, Community Development Staff is presenting the City Commission with a request for direction as to whether or not the City Commission wishes to pursue the drafting of s an ordinance which provides additional regulations on the retail sale of dogs and cats. 3 l"`k FISCAL IMPACT: E There is no immediately measurable fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: x_ 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 consider the request and the information presented in this agenda item and provide direction to staff as they deem appropriate. Mr. Stevenson presented the agenda item and affirmed, "We have talked to Seminole County and each of the six (6)other cities in Seminole County. None of them,to date, have dealt with this particular issue." Mayor Lacey spoke about animal control in working with Seminole County and inquired, "Does this Ordinance need any coordination — with the County?" Mr. Stevenson replied, "Several years back—we adopted the County Ordiance, in terms of dealing with animals and animal control. This may be something a little bit different. I'll have to defer to the City Attorney, because it is more or less an issue that talks about the retail sales of those animals. Not necessarily animal control." Mr. Stevenson added, "We would be working with the County, dependent upon the direction given by this Commission." "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT `4.(A)', WHICH IS TO `PROHIBIT THE SELLING, TRAIDING, TRANSFER OR OTHER DISPOSAL OF DOGS OR CATS WITHIN THE CITY, SUBJECT TO EXEMPTIONS' AND THAT WE DEAL WITH THOSE EXEMPTIONS IN THE FUTURE ON A CASE BY CASE BASIS." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. Page 19 of 22 Xr. CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: MAYOR LACEY SUMMARIZED, "SO WE HAVE A MOTION FOR THE COMMISSION TO ADOPT RECOMMENDATION `4.(A)' OR NUMBER `4.' BULLET ONE. IT HAS BEEN SECONDED BY COMMISSIONER HOVEY. DEPUTY MAYOR, UNDER YOUR MOTION THEN, YOU WOULD BE ASKING STAFF AND THE ATTORNEY TO COME BACK WITH A PROPOSED ORDINANCE TO THAT EFFECT?"DEPUTY MAYOR BROWN REPLIED,"YES." MR. STEVESON ASKED, "UNDER `5.' WE DO PROVIDE SOME EXEMPTIONS. U. ARE WE GOING TO PUT THOSE OFF UNTIL LATER?" COMMISSIONER RESNICK SAID, "THAT IS WHAT I WAS GOING TO ASK, BECAUSE `5.' HAS THE EXEMPTIONS, AS YOU JUST MENTIONED. IN YOUR WHOLE PROCESS, DEPUTY MAYOR, ARE YOU LIMITING THE EXEMPTIONS TO THOSE UNDER `5.' OR ARE YOU WANTING THAT AS A STRATING POINT, THEN POSSIBLE LEADING UP TO STAFF TO DO THE REST?" DEPUTY MAYOR BROWN ANSWERED, "THE WRITING IN THE ITEMS HAS IMPORTANT EXEMPTIONS TO THE ABOVE OPTIONS THAT THE CITY MAY CONSIDER. I WOULD EVEN EXTEND THAT TO SAY `MAY CONSIDER AT SOME TIME'. SO, THOSE ARE POSSIBLE EXEMPTIONS THAT MAY COME UP, SINCE WE HAVEN'T BEEN PRESENTED WITH ANY OF THESE BUSINESSES YET. I DON'T THINK WE ARE IN A POSITION TO START SETTING EXEMPTIONS AT THIS TIME UNTIL WE SEE WHAT PEOPLE ACTUALLY WANT TO DO."BRIEF COMMENTS. MAYOR LACEY CLARIFIED, "SO, UNDER THE SCENARIO YOU ARE INVISIONING, WE WOULD PASS THE ORDINANCE BASED UPON `4.1'. THEN, AS IT EVOLVES FROM THAT POINT,WE WOULD CONSIDER AMENDING THE ORDINANCE FOR EXEMPTIONS AS THEY BECAME LOGICAL TO DOT' DEPUTY MAYOR BROWB RESPONDED, "THAT IS CORRECT MAYOR. IT SETS A GROUNDWORK FOR US TO WORK FROM. OBVIOUSLY HERE WE ARE AND HAVE NEVER HAD THIS INCIDENT COME BEFORE US BEFORE. IT IS UNLIKELY THAT IT WILL COME BEFORE US AT ANY POINT IN THE FUTURE. BUT, AT LEAST IF IT DOES, WE HAVE A BASIS TO START NEGOTIATIONS WITH ANY SUCH BUSINESS. LEAVE THE DOOR OPEN, WHERE WE ARE NOT SAYING NO TO FOLKS WITH LEGITIMATE BUSINESSES THAT WANT TO COME INTO THE CITY. WE ARE JUST SAYING THAT WE GET TO REVIEW WHEN IT COMES TO THE WHOLESALE-RETAIL SALE OF DOGS AND CATS. WE WOULD LIKE TO MAKE SURE THEY ARE NOT COMING FROM PUPPY MILLS AND KITTY FARMS." Page 20 of 22 tam • CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: MAYOR LACEY RESPONDED, "I WOULD HAVE THE CONCERN THOUGH, THAT WE START WITH A BLANKET PROHIBITION. WE ARE TELLING THE BUSINESS COMMUNITY THAT THEY CAN'T HAVE A BUSINESS UNTIL THEY COME TO US AND NEGOTIATE. IF ANYTHING WE HAVE LEARNED ABOUT BUSINESSES, THEY APPRECIATE CERTAINTY. THEY DON'T REALLY MIND HIGH TAXES; THEY DON'T REALLY MIND HIGH REGULATION. THEY JUST WANT TO KNOW EXACTLY WHAT THEY ARE. I THINK ANY BUSINESS THAT MIGHT BE SOMETHING THAT WE WOULD WELCOME, UNDER ALL THE ;;:;: VARIOUS EXEMPTIONS, MIGHT NOT EVEN COME TALK TO US ABOUT IT, IF ? IT THEY STARTED FROM THE DEFAULT CONDITION OF JUST THE ANSWER IS NO." £07 IN TURN, ATTORNEY GARGANESE ADDED, "IT SOUNDS TO ME, THAT DEPUTY MAYOR BROWN IS SEEKING TO PROHIBIT IT OUT RIGHT AND THEN HAVING FURTHER REVIEW. ONE SUGESTION WOULD BE TO HANDLE THE FURTHER REVIEW AS A CONDITIONAL USE, SHUBJECT TO OTHER CONDITIONS AND SCRUTINY. WHAT IS IN THIS AGENDA ITEM - `4.(A)', IT WOULD COME TO YOU AS A BLANKET ZONING PROHIBITION. SO, IT WOULD BE A LEGISLATIVE ACT. THAT IS FINE IF YOU WANT TO GO DOWN THAT DIRECTION, BUT THEN THE ONLY WAY TO CARVE OUT AN EXCEPTION WOULD BE TO AMEND THE CODE IN THE FUTURE WITH ANOTHER LEGISLATIVE ACT. ANOTHER SUGGESTION WOULD BE TO SAY THAT IT IS PROHIBITED, SUBJECT TO CONDITIONAL USE. SO, IT IS ALL ENVELOPED INTO THAT ONE LEGISLATIVE ACT. THE COMMISSION THEN CAN MAKE A DECISION LATER ON THE CONDITIONAL USE BASIS, RATHER THAN AN ORDINANCE CHANGING THE CODE BASIS." DEPUTY MAYOR BROWN SAID, "I AM WILLING TO AMEND MY MOTION IN CONCERT WITH THE CITY ATTORNEY'S SUGGESTION." MAYOR LACEY REQUESTED THE CITY ATTORNEY TO REPEAT HIS SUGGESTION. ATTORNEY GARGANESE CLARIFIED, "I WOULD WORK WITH STAFF TO PREPARE AN ORDINANCE THAT WOULD PROHIBIT THE SALE, TRADE, TRANSFER OR DISPOSAL OF DOGS AND/OR CATS WITHIN THE CITY,UNLESS A CONDITIONAL USE IS GRANTED BY THE CITY COMMISSION. THEN, THE CONDITIONAL USE WOULD BE SUBJECT TO ADDITIONAL CONDITIONS THAT WOULD BE LAID OUT IN THE ORDINANCE, SUCH AS WHAT IS LISTED IN `5.'. BUT, THERE MAY BE OTHER CONDITIONS AND SAFEGUARDS AS WELL FOR THE COMMISSION TO REVIEW ON A CASE BY CASE BASIS, IN THE EVENT SOMEONE DOES MEET THE CRITERIA FOR APPROVAL. IT WOULD REQUIRE MORE ZONING ANALYSIS." MAYOR LACEY SAID, "DEPUTY MAYOR BROWN HAS PROPOSED AMENDING THE MOTION TO REFLECT WHAT THE ATTORNEY HAS JUST EXPRESSED. DO I HAVE UNANIMOUS CONSENT TO ACCEPT THE AMENDED MOTIONT' AMENDMENT TO THE MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Page 21 of 22 g CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT SEPTEMBER 22 2014 NOTES: SUBSEQUENTLY,MAYOR LACEY STATED, "SO THE MOTION ON THE FLOOR IS TO ADOPT AN ORDINANCE FOR BULLET ONE (1), SUBJECT TO THE CONDITIONAL USE LANGUAGE EXCEPTIONS THAT THE ATTORNEY HAS xy RECOMMENDED. SO, I WOULD PUT A QUESTION TO RANDY (STEVENSON) AND (ATTORNEY) ANTHONY(GARGANESE) —DO YOU FEEL LIKE YOU HAVE SUFFICIENT UNDERSTANDING OF THE COMMISSION'S DIRECTION IF THIS MOTION PASSES TO PROPOSE AN ORDINANCE?" BOTH MR. STEVENSON AND ATTORNEY GARGANESE NODDED IN AGREEMENT.DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Mayor Lacey noted, "So we will see this again." PUBLIC INPUT Mayor Lacey opened "Public Input". No one addressed the Mayor and City Commission. Mayor Lacey closed "Public Input". Lastly, Mayor Lacey reminded everyone about"Hometown Harvest"on October 11, 2014. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 5:57 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET Page 22 of 22