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HomeMy WebLinkAbout2015 08 24 Consent 304 Unapproved Minutes from August 10, 2015 Regular MeetingCOMMISSION AGENDA ITEM 304 August 24, 2015 Informational Consent X Public Hearings Regular ALLL Regular Meeting City Manager Department REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, August 10, 2015 City Commission Regular Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and /or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Minutes from the Monday, August 10, 2015 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk Consent 304 PAGE 1 OF 2 - August 24, 2015 for the Approval by the City Commission. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday, August 10, 2015 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, August 10, 2015 City Commission Regular Meeting Minutes (19 pages) Consent 304 PAGE 2 OF 2 - August 24, 2015 Attachment "A" CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY., AUGUST 10,, 2015 - 6:00 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Joanne M. Krebs - Seat Five Commissioner Jean Hovey - Seat One Commissioner Kevin Cannon - Seat Two Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick - Seat Four CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 10, 2015 PAGE 2 OF 19 CALL TO ORDER The Regular Meeting of Monday, August 10, 2015 of the City Commission was called to Order by Mayor Charles Lacey at 6:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida. 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Kevin Cannon, present Commissioner Pam Carroll, present Commissioner Cade Resnick, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, arrived at 6:01 p.m. City Clerk Andrea Lorenzo- Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. City Attorney Anthony A. Garganese arrived at 6:01 p.m. Regarding the Agenda, Mayor Lacey asked the City Commission if there were any Agenda Changes. Commissioner Pam Carroll stated, "No." Mayor Lacey remarked, "Hearing none, it will stand as Adopted." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Parks and Recreation Department REQUEST: The Parks and Recreation Department requests the Mayor and City Commission assist with the Presentation of Awards recognizing specific campers in the Camp Sunshine Summer Camp program for outstanding character traits. Mr. Chris Caldwell, Director, Parks and Recreation Department addressed the City Commission and noted, "Within our Parks and Recreation Summer Camp Program, we have an average of about ninety (90) kids per week and these kids here tonight were voted on by a team of Camp Counselors to receive the `Character Counts Award'. Each week, it's a weekly award given to one (1) child for outstanding character traits such as courage, integrity, kindness, perseverance, respect, responsibility, self - discipline, cleanliness, and forgiveness." Continuing with his presentation, Mr. Caldwell noted that the following children in attendance this evening were then recognized as award recipients, and introduced: Sara Jimenez- Homes, Dana Jimenez- Homes, Dominic Dearolf, Hailey West, Jennifer Morales, Tristen Washington, and Natalie Cruz. Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 10, 2015 PAGE 3 OF 19 INFORMATIONAL AGENDA INFORMATIONAL 200. Community Development Department REQUEST: The Community Development Department is advising the City Commission of the status of various development projects within the City. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. 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 Fall 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 201. Public Works Department REQUEST: Public Works Department requests the City Commission receive information regarding the changes to the recycling pickup schedule. FISCAL IMPACT: There is no additional cost to adding the Wednesday recycling pickup. The change will allow Waste Pro to make more efficient use of their equipment and personnel and improve customer service by completing the routes within the designated times. 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. a ,fir.► d � CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 10, 2015 PAGE 4 OF 19 RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. PUBLIC INPUT Mayor Lacey opened "Public Input ". No one spoke Mayor Lacey closed "Public Input ". CONSENT AGENDA CONSENT 300. Police Department REQUEST: The Police Department requests the Commission to approve the renewal of the annual School Resource Officer (SRO) inter - agency agreement with the Seminole County School Board and authorize the City Manager and City Attorney to prepare and execute any and all related documents on behalf of the City. FISCAL IMPACT: As part of providing these officers to the schools mentioned above, the School Board will pay the city $67,640.40 in eight (S) equal installments of $5,455.05 commencing October 1, 2015 to be paid on the 1st day of each month through May 2016. 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 Ass ociations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Police Department recommends the Commission approve the 2015 -2016 inter - agency contract with the Seminole County School Board for the two School Resource Officers and to authorize the City Attorney to prepare and City Manager to execute any and all applicable documents. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- AUGUST 10, 2015 PAGE 5 OF 19 CONSENT 301. Public Works Department REQUEST: The Public Works Department requesting authorization to enter into an agreement with N.S. Marine & Industrial Services Corporation for construction of Concrete Sidewalk and Curb Replacement at various locations (ITB #007 /15/BF) in the amount of $83,330 plus a 10% contingency. FISCAL IMPACT: The project cost is $83,330.00 plus a 10% contingency, for a total of $91,663.00, funded by the Transportation Improvement Fund (Local Option Gas Tax) through a supplemental appropriation from fund balance. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve entering into an agreement with N.S. Marine & Industrial Services Corporation for the Concrete Sidewalk and Curb Replacement project in the amount of $83,330 plus a 10% contingency, approve a supplemental appropriation of $91,663.00 from the Transportation Improvement Fund balance, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 302. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, July 27, 2015 City Commission Regular Meeting Minutes. FISCAL ]IMPACT: There is no fiscal impact related to this Agenda Item. ;r i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 10, 2015 PAGE b OF 19 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Clerk is requesting the City Commission review and consider offering their approval of the Monday, July 27, 2015 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 303. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals, RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. No discussion. t 3 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- AUGUST 10, 2015 PAGE 7 OF 19 CONSENT 304. Finance and Administrative Services Department REQUEST: Finance and Administrative Services Department is requesting that the City Commission adopt Resolution 2015 -17 authorizing submission of the Certificate to Non -Ad Valorem Assessment Roll, Assessment Summary and FY 2015 -2016 Annual Assessment Roll for Tax Year 2015 Relating to the Oak Forest Assessment Areas, the Tuscawilla Assessment Areas Phases I and II, and the Tuscawilla Phase III Assessment Area to the Seminole County Tax Collector by September 15, 20150 FISCAL IMPACT: The annual assessment service fees for NBS and Nabors Giblin are budgeted costs in the following assessment district funds for the 2015 -2016 Fiscal Year Budget and will not adversely impact the General Fund: • Oak Forest Maintenance Fund • Oak Forest Debt Service Fund • Tuscawilla Maintenance Fund Phases I and II • Tuscawilla Debt Service Fund Phase I • Tuscawilla Debt Service Fund Phase II • Tuscawilla Phase III Special Assessment Fund (12/12A wall) 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: It is recommended that the City Commission adopt Resolution 2015 -17 authorizing the submission of the Certificates to Non -Ad Valorem Assessment Roll, Assessment Summary and FY 2015 -2016 Annual Assessment Roll for Tax Year 2015 relating to the Oak Forest Assessment Areas, the Tuscawilla Assessment Areas -- Phases I and II, and the Tuscawilla Phase III Assessment Areas to the Seminole County Tax Collector by September 15, 20150 There was no discussion on this Agenda Item. CONSENT 305. Finance and Administrative Services Department REQUEST: Finance and Administrative Service Department is requesting City Commission approve McDirmit Davis, LLC. as the top ranked consultant for the annual financial audit Request for Proposal (RFP) #051515/DB. �r CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 10, 2015 PAGE 8 OF 19 FISCAL IMPACT: The fees proposed by McDirmit Davis are as follows: • Fiscal Year 2015 Audit $29,500 CAFR Prep $10,500 Single Audit (if required) $5,000 • Fiscal Year 2016 Audit $30,500 CAFR Prep $10,500 Single Audit (if required) $5,000 • Fiscal Year 2017 Audit $30,500 CAFR Prep $10,500 Single Audit (if required) $5,000 The fee proposal for Fiscal Year 2015 remains unchanged from the Fiscal Year 2013 & 2014 audit services fees. Proposed budget for Audit Services ($45,000) for Fiscal Year 2016 are sufficient to cover the fees for the annual audit. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve McDirmit Davis, LLC. as the top ranked consultant for the City's external annual audit, Request for Proposal (RFP) #051515/DB, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 306. Parks and Recreation Department REQUEST: The Parks and Recreation Department requests the City Commission's approval of Resolution 2015 -14 which allows the City to apply for a grant from the Florida Division of Cultural Affairs Cultural Facilities Program for the Magnolia Park Amphitheater Project. FISCAL IMPACT: None at this time. The 2:1 grant match application would be for up to $500,000 received by the City and funds would be received in FY 16 and FY 170 F CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- AUGUST 10, 2015 PAGE 9 OF 19 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the Commission approve Resolution 2015 -14 authorizing the submission of a grant application to the Florida Division of Cultural Affairs Cultural Facilities Program for up to $500,000 which requires a 2 for 1 matching expenditure of up to $1,000,000 to be available by July 1, 2016 and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. This Agenda Item was not discussed. REGARDING A MOTION TO APPROVE THE CONSENT AGENDA, COMMISSIONER HOVEY STATED, "SO MOVED." MOTION BY COMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER CANNON: AYE DEPUTY MAYOR KREBS: AYE COMISSIONER HOVEY: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report was given. . ... f. CITY OF WINTER. SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 10, 2015 PAGE 10 OF 19 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. Referencing the Retirement event for Ms. Susie Coffman, Commissioner Carroll said that it "Was very well done." With further remarks, Commissioner Carroll added, "Thanks to all who coordinated it." REPORTS 405. Office of Commissioner Seat Four - The honorable Cade Resnick Commissioner Cade Resnick mentioned that children go back to school next week and suggested people be watchful and careful. REPORTS 406. Office of Commissioner Seat Five/Deputy Mayor - The Honorable Joanne M. Krebs No Report. REPORTS 407. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey Mayor Lacey also commented on the Retirement event for Ms. Susie Coffman and said, "It was very nice." Secondly, Mayor Lacey referenced the Office of the City Clerk's recent "Historical Showcase" and remarked, "It was informative and well done. Thank you very much for that." Commissioner Carroll added, "I echo that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2015 PAGE I I OF 19 REPORTS 408. Office of Commissioner Seat One - The Honorable Jean Hovey Commissioner Hovey also mentioned that schools are back in session on Monday. On a related note, Commissioner Hovey referenced a Seminole County Public Schools School Board meeting being held on Tuesday, August 11 " which would address updates to testing alternatives and the "Seminole Solution ". Commissioner Resnick also spoke on this matter and both Commissioner Hovey and Commissioner Resnick thought such a meeting might be informative for parents should they wish to attend. Next, Commissioner Hovey asked if Doran Drive would be open on Monday when school begins. Mr. Brian Fields, P.E., City Engineer, Public Works Department said that Doran Drive is under construction for cars but a pedestrian route would be open at all times beginning Monday. It was noted that school students living across State Road 434 could still walk over to Winter Springs High School. City Manager Kevin. L. Smith said to Mr. Fields, "I believe you have communicated that to the administration at the High School and they're going to disseminate that to their students and parents." Mr. Fields commented, "That's correct." Commissioner Hovey hoped Seminole County Public Schools would send out such information this week, and before next Monday when schools start back. Commissioner Resnick said to Manager Smith, "May we also send an `eAlert' out or some kind of message out to our community that lets them know that ?" Manager Smith responded, "Will do." Commissioner Hovey suggested this information could also be added to the City's Facebook page, and was told that might be available on Friday. Commissioner Hovey then said, "First announcement — Doran Drive." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Mr. Paul Ginzl on behalf of Fannie Mae, for a reduction (partial release) of a Code Enforcement lien on the property located at 1100 Gator Lane. FISCAL IMPACT: The City should receive a minimum of $650.00 for the partial release of lien. Because the recommendation is for a partial release of the code enforcement lien, the balance of the lien will remain an encumbrance on any and all real or personal property owned in Seminole County by the original violator, Mr. Robert Jennings. M M1� x c `I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 10, 2015 PAGE 12 OF 19 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department and the Code Enforcement Division of the Police Department =SEA recommend that the City Commission approve a partial release of the code enforcement lien to no less than $650.00. The Code Enforcement Board, at their July 28, 2015 Regular Meeting recommended that the City Commission approve a partial release of the code enforcement lien to $1,000.00. These recommendations are subject to the following terms and conditions: 1. The property be homesteaded by the buyer, Mr. Jeff Roffman. 2. The property continues to remain code compliant. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and gave some background information. Discussion followed on this property being homesteaded, the time to get this matter to the City Commission, and the difference in the amounts of six hundred and fifty dollars ($650.00) and one thousand dollars ($1,000.00). "I WOULD MAKE A MOTION TO GO WITH THE SIX [HUNDRED AND] FIFTY [DOLLARS] ($650.00)." MOTION BY COMMISSIONER CARROLL. ATTORNEY GARGANESE SAID TO MR. STEVENSON, "THE LAST TIME WE HAD A SIMILAR SITUATION, A LETTER WAS PREPARED BY YOUR OFFICE STATING THE CONDITIONS, AND THEN THAT WAS PROVIDED TO THE CLOSING AGENT; THEN THE CITY HAD TO VERIFY THAT CERTAIN THINGS OCCURRED BEFORE THE BANK WAS GIVEN THIS REDUCED LIEN AMOUNT." ATTORNEY GARGANESE ADDED, "I JUST WANT TO MAKE IT CLEAR THAT YOU'RE PROPOSING TWO (2) CONDITIONS — THAT IT BE A CLOSING TO THESE INDIVIDUALS..." MR, STEVENSON SAID, "...THE HOMESTEADED BUYER..." ATTORNEY GARGANESE AGREED AND ALSO STATED, "...AND A HOMESTEADED BUYER." ATTORNEY GARGANESE ADDED, "IT SHOULD BE A CONDITION IN THE MOTION AND THEN STAFF WOULD FOLLOW -UP WITH THE APPROPRIATE LETTER — IN A FORM SIMILAR TO WHAT WE DID LAST TIME." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 10, 2015 PAGE 13 OF 19 SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREB S : AYE COMMISSIONER CANNON: AYE MOTION CARRIED. As a follow -up to the Agenda Item just discussed, Commissioner Hovey asked Attorney Garganese, "Is there any reason why the Commission has to approve these — is it not something that the City Manager can approve? If the Staff has done their due diligence and it is normal per se, and within compliance of what we want them to become compliant with, is it something that the City Manager — we could give him authority to approve ?" Attorney Garganese pointed out that "The Lien runs in favor of the governing body, so the governing body can establish certain delegated criteria for the Manager to follow." Attorney Garganese then referenced an Agenda Item being finalized that relates to Code Enforcement changes and which should streamline the process. Attorney Garganese suggested this proposed Ordinance might be coming to the City Commission in late August or early September. Further remarks followed on possible delays to Lien reduction Agenda Items due to City Commission meeting schedules, and that unusual situations could specifically be brought before the City Commission for approval. Manager Smith noted that an Agenda Item related to Code Enforcement matters was coming before the City Commission for consideration and thought that these suggestions being offered could be discussed at that time. Deputy Mayor Joanne M. Krebs suggested routine Lien Agenda Items could be placed on future Consent Agendas which would add to the transparency and the City Commission could either approve such matters on the Consent Agenda or if more discussion was needed, pull such Consent Agenda Items off for individual consideration. Manager Smith added, "I am hearing a lot of really good suggestions — that many of them if not all of this will be in the Agenda Item that we will bring before you all shortly." Further brief remarks. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 10, 2015 PAGE 14 OF 19 REGULAR 601. Public Works Department REQUEST: Public Works Department Requesting the City Commission Review and Consider the Proposed Cost Saving Alternatives for the Magnolia Park Amphitheater Project. FISCAL IMPACT: There is no cost to this agenda item. The project fund (1999 Construction Capital Project fund) is projected to have $1.2M available for land acquisition ($106K) and construction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission review the cost reduction alternatives provided and direct staff to bring back a design proposal from Starmer Design Group to modify the Magnolia Park Amphitheater Construction Drawings and Specifications incorporating the selected cost reduction alternatives. Manager Smith began the discussion on this Agenda Item and noted, "What we will be looking for - is this revised project and its associated costs sufficient, because if so, we'd like to go out to Bid — if not, we'd like direction from you all to go in a different direction." Manager Smith added, "We could take this model and go in a cheaper direction for example or so on and so forth." Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments remarked that should the City Commission agree they wished to proceed in some way, Staff would bring back a Consent Agenda Item with a Proposal from the Architect Mr, Bill Starmer to go ahead and revise the drawings to reflect these changes." With comments on when we might hear if the Grant was approved, Mr. Caldwell stated, "This is part of the Resolution that was approved, it's part of the submittal process which was done June 15th, and it won't go for approval until April 2016 — I will verify that with you." With further remarks, it was noted that if the Grant was approved, that that would reduce the funds the City would need. Also related to the Grant process, Commissioner Kevin Cannon asked if we might be able to recoup some of the funds via the Grant just approved on the Consent Agenda? Manager Smith said, "I will certainly look into that." Discussion followed on the plastic roof panels and possible life expectancy of such, and problems with excessive winds. ti z r CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 10, 2015 PAGE 15 OF 19 Mr. Bill Starmer, AIA, President, Starmer Design Group, 901 Belle Avenue, Suite 1100, Tinter Springs, Florida: stated that regarding the roof shown, "It is actually a UV (Ultraviolet) rated product, it's a synthetic. It will reduce also the UV (Ultraviolet) rays, it will hit the surface below it and filter some of that out. It has a fifteen (15) year warranty which is stronger than some roofing products that are used today, and you will see it in Central Florida. There are a couple of hotels that have a porte- cochere and that's their entry feature." Continuing, Mr. Starmer added, "In terms of wind load, anything we do today has to meet Codes and this has been designed for probably around 146 miles an hour." Regarding a roof for such a project, Mr. Starmer then remarked, "If you will recall. I think in the closing comments of our recommendation is that is one of the caveats that we might put in there as a deductive alternate, we might change it out for a metal roof whether it's blue or galvanized or some other color, in case we do have issues with the Bids coming in high, as an alternative." Commissioner Cannon noted, "So, we are not committed on. that. That gives you some wiggle room..." Mr. Starmer commented, "...Exactly. That is just a design feature that would be fun. If we can afford it, we will. do it. If we can't, we won't." Seating options, concerns, and costs were discussed next, to which Mr. Starmer said, "Right now, our proposal is we're going to take the seating that you see, out of the project as part of the cost savings." Manager Smith added, "We thought that gave us maximum flexibility and we always reserve the right in the future, money allowing and what not, to go back and add fixed seating." Deputy Mayor Krebs said to Manager Smith, "Thank you for going through this and reducing the costs." Different seating options and approximate cost ranges were mentioned next. Mr. Starmer explained, "I think our proposal at this point is again, it's the dynamics of this facility and how you use it. Do we really want fixed seating there? And the staff and the committee that we were working on said - `Let's provide the amphitheater, let's improve the paving and the seating area out there, but let's use portable chairs for a while and there are some very nice portable chairs out there that you can buy, quite affordably.' We can find a place to store them and that might be a good test for us to kind of watch and see, how this gets used, how many people show up, and at that point, if we want to add fixed seating in, we can always add it to the project. So right now, our proposal is, we're going to take the seating that you see out of the project as part of the cost savings." On the proposed portable seating option, Manager Smith mentioned there was a storage room in the plans which could store racks of portable seating for when such was needed. Commissioner Resnick added, "Along with anything else that can be stored, there is plenty of room." Discussion followed on portable seating, space for dancing, flexibility, concerns with possible vandalism, and that the facility that could be used for many events. Commissioner Cannon noted, "It is a resource that can be used and shifted throughout the City and again, by having it out of the weather, it will hold up much longer, you won't have the maintenance, you won't have the painting, you won't have the corrosion and any other factors, so kudos because that was something that I thought was really, really good." Mayor Lacey said to the City Commission., "There seems to be - general Consensus that this plan is good enough for them to go forward for." "I WILL MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- AUGUST 10, 2015 PAGE 16 OF 19 MAYOR LACEY ADDED THAT THE MOTION LEADS THE COMMISSION TO EXPECT "A PROPOSAL BACK FROM MR. STARMER FOR THE NEXT STAGE." COMMISSIONER CANNON SPOKE OF HIS INTEREST IN SECURING THE GRANT WHICH WOULD REDUCE THE COSTS TO THE CITY; TO WHICH MANAGER SMITH NOTED THAT HE UNDERSTOOD COMMISSIONER CANNON'S CONCERNS. MANAGER SMITH THEN SAID, "THIS WILL NOT BE THE LAST TIME YOU SEE IT. THERE WILL BE A CONSENT ITEM TO APPROVE THE CONTRACT WITH MR. STARMER. THEN WE'LL GO OUT TO BID." VOTE: COMMISSIONER CARROLL: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR 602. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division is presenting the City Commission with a request for advisability as to whether or not to pursue modifications to Section 9 -10 (c)(1) of the City's Code of Ordinances relating to general conditions for approval of a lot split request. FISCAL IMPACT: There is no immediately measurable 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 Ball 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. e �a CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 10, 2015 PAGE 17 OF 19 RECOMMENDATION. Staff recommends that the City Commission consider the request and the information provided in this agenda item and provide direction to staff as they deem appropriate. The Commission can instruct staff to pursue a text amendment to the Code of Ordinances or choose to leave the Code as it currently reads relative to replat and lot split approval criteria. Mr. Bobby Howell, AICP, Planner, Community Development Department began the discussion on this Agenda Item and provided background information on Lot Splits, arithmetic means, and how other jurisdictions in Central Florida address Lot Split requests. POW Commissioner Cannon inquired, "Are there any other areas of the City that might be subject to this such as the larger parcels in the older section of Tuscawilla, Dunmar Estates ?" Mr. Howell explained, "Tuscawilla would not be subject to this as it is its own PUD (Planned Unit Development), so it doesn't apply to PUD (Planned Unit Development). Dunmar Estates — they have restrictive Covenants which require minimum lot size of five (5) acres." Commissioner Carroll referenced lots in Unit 3 of Tuscawilla and added, 1-41 think Unit 3 is the only piece of the Tuscawilla PUD (Planned Unit Development) that would even qualify to have enough acreage to have a reasonably sized Lot Split. But we just never give consideration to that ?" Mr. Howell responded by saying, "Being that it's zoned PUD (Planned Unit Development), it would be totally excluded from this Ordinance." Tape 1 /Side B With further remarks on this query, Commissioner Carroll asked if at some point in time, that might be changed? Discussion followed on arithmetic mean, 1 000 foot radius, Zoning criteria, and that if the arithmetic mean was not a factor, the minimum acreage for a Lot Split would have to be one (1) acre. Commissioner Carroll referenced the large lots in Unit 3 of Tuscawilla and said she would like to see this brought back in the future. Discussion followed on who is protected by the Code as it now stands, changes in the Uses of property, and Lot Split requests. Mr. Howell was then asked about handling a Lot Split if the arithmetic mean was not in the Code. Mr. Howell explained, "When you do a Lot Split, that's basically just taking one (1) piece of property and splitting it into two (2). Anything over that would require a "Subdivision of property ". Attorney Garganese said, "There are regulations that apply in Tuscawilla. The subdivision of land is regulated by the City. Subdivisions of land must be approved by the City Commission. There are different ways to subdivide land. Back about twelve (12) years ago, the City Commission streamlined this so- called Lot Split process to allow property owners to divide their property once, into two (2) separate lots. And anything more difficult than that had to go through a full blown Plat." Further comments followed on past City Commission actions and set criteria, scenario's related to potential Lot Splits if the arithmetic mean was not part of the Code — and how many times a lot could be split, and that the minimum size of a lot needed to be one (1) acre. Attorney Garganese noted that related to proposed Lot Splits, "If you eliminated the arithmetic mean then somebody could just submit the Application — the only gatekeeper that I can think of would be at the very least, a property owner would need to meet the minimum lot size criteria in the applicable Zoning District." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 10, 2015 PAGE 18 OF 19 Mr. Stevenson added, "It is a gate keeper, to allow us to pursue the other parameters within that Zoning District, frontage, width, depth, things of this nature. So, that doesn't mean it would be approved, it just means that we can move forward with it, now that its' met that criteria." Commissioner Cannon commented on property rights and thought this arithmetic mean criteria should be IF,=:=: removed. Deputy Mayor Krebs commented on past requests before the City Commission in previous years and noted her agreement with removing the arithmetic mean criteria. As to suggestions by Members of the City Commission to change the Code, Manager Smith stated, "If that be the P09W will of this body, I believe - that would come back to you all in the form of a Text Amendment to your Code of Ordinances, which would require obviously two (2) Readings and if you all direct me to do so, we'll bring back an Ordinance that would essentially remove this arithmetic mean requirement." wm!:04 Discussion followed on scenario's related to potential Lot Splits if the arithmetic mean was not part of the Code -- and how many times a lot could be split, and that the minimum size of a lot in the Ranchlands had to be one (1) acre. Commissioner Resnick added, "If we are going to re -write everything here, maybe it is a good time for us to really take a look at how to re -write this for future viewpoints in some of these small nuances." Manager Smith said that regarding the arithmetic mean, "I would humbly request that we at least dispense with that decision. Now after that decision is made up or down, if you all have other directions, by all means. That would just be my recommendation." Lots in Dunmar Estates and Seville Chase were referenced next. Deputy Mayor Krebs suggested that perhaps a Committee could be put together to go through City Codes that could be reviewed and might need to be changed. Commissioner Cannon mentioned Dunmar Estates; and regarding Covenants and Restrictions and should they expire, where would that leave the City? Mr. Stevenson responded, "They still have at least one (1) acre lots, as long as that Zoning is in place." Next, Commissioner Hovey asked if Covenants and Restrictions can be changed? Attorney Garganese noted, "They can be changed by the lot owners, a certain percentage of the lot owners depending on the reading of the Covenants." Commissioner Cannon added that some require unanimous agreement by all the property owners. Mayor Lacey asked the City Commission, "Did we want the eventual Text Amendments to come back to preclude multiple divisions of lots ?" Attorney Garganese noted, "The Code currently says that once you have a Lot Split, there's no further division of an approved Lot Split as permitted under this section, unless a Plat is prepared and approved in accordance with this Chapter." Commissioner Cannon added, "That travels with the land." Attorney Garganese added, "The way it is applied is if someone came in, the Staff would do the research and determine whether there was a previous Lot Split that was approved. And if they determined there was a previous Lot Split, the only way to further subdivide a portion of that previously Lot Split' d property, would be to have a full blown Plat." "I WOULD LIKE TO MAKE A MOTION FOR STAFF TO BRING BACK A TEXT AMENDMENT OMITTING THE ARITHMETIC MEAN CLAUSE — ORDINANCE WE CURRENTLY HAVE IN PLACE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER CANNON. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- AUGUST 10, 2015 PAGE 19 OF 1.9 MAYOR LACEY POINTED OUT, "THE MOTION IS TO REVERT THE ARITHMETIC ORDINANCE FROM 2006." VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE �..� MOTION CARRIED. PUBLIC INPUT Mayor Lacey opened "Public Input ". No one spoke. Mayor Lacey closed "Public Input ". ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:13 p.m. RESPECTFULL Y SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were Approved at the 1 2015 City Commission Regular Meeting.