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HomeMy WebLinkAbout2015 10 26 City Commission Regular Meeting Agenda CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION AGENDA 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 Scan with your smart device to view electronically PLEASE SILENCE ELECTRONIC DEVICES DURING THE MEETING REGULAR MEETING MONDAY, OCTOBER 26, 2015 - 6:00 PM CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 2 OF 14 CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS REQUEST: The Mayor and City Commission wish to present a Proclamation recognizing Ms. Marylou Grover, Ms. Pat Smyth, Ms. Joan Terry, and Ms. Deborah Vernau, in honor of their many years of helping beautify the Tuscawilla community during walks along Winter Springs Boulevard and other roads, who through their personal efforts as residents of Winter Springs have shown their sincere care for the City of Winter Springs. INFORMATIONAL AGENDA INFORMATIONAL Scan with your smart device to view electronically REQUEST: FISCAL IMPACT: 100. Office of the Mayor and Office of the City Commission 200. Public Works Department The Public Works Department requests the City Commission receive information regarding the toll road system in Central Florida. There is no fiscal impact associated with this agenda item. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 3 OF 14 COMMUNICATION EFFORTS: RECOMMENDATION: PUBLIC INPUT (Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. The City Commission will set aside up to thirty minutes for any City residents or taxpayers to address any items of public interest that do not appear on the agenda and for any members of the public to address any items that are listed on the agenda for final official action by the City Commission excluding public hearing items which are heard at th e public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. The City Commission will not take any action under the "Public Input" section of the agenda. The City Commission may schedule items not on the agenda as regular items and act upon them in the future.) CONSENT AGENDA CONSENT Scan with your smart device to view electronically REQUEST: 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 individ ual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Staff requests the City Commission receive and review the information provided in this Agenda Item. 300. Parks and Recreation Department The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs and the Rotary Club of Winter Springs for the 2015 Veteran's Day Event. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 4 OF 14 FISCAL IMPACT: City Public Safety costs not to exceed $385 and waiver of $25 City special event permit fee. COMMUNICATION EFFORTS: RECOMMENDATION: CONSENT Scan with your smart device to view electronically REQUEST: FISCAL IMPACT: 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 Cit y 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. Staff is recommending the City Commission authorize the City Manager to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Rotary Club for the 2015 Veteran's Day Event. 301. Public Works Department The Public Works requests authorization to piggyback off of Florida Sheriff's Contract 15-13-0904 Spec #61 to purchase a trailer mounted brush chipper from Vermeer Southeast Sales & Service of Orlando at a cost of $73,340.00. The brush chipper is budgeted in the Transportation Improvement Fund at a cost of $77,000. The purchase of this equipment for $73,340 is within budget. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 5 OF 14 COMMUNICATION EFFORTS: RECOMMENDATION: CONSENT Scan with your smart device to view electronically REQUEST: FISCAL IMPACT: 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 Cit y 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 Public Works Utility Department recommends the City Commission authorize the purchase of a brush chipper from Vermeer Southeast Sales & Service of Orlando piggybacking off of Florida Sheriff's Contract 15-13-0904 Spec #61 at a cost of $73,340.00 payable from the Transportation Improvement Fund Capital Equipment line code. 302. Office of the City Clerk The City Clerk is requesting the City Commission Review and Approve the Monday, October 12, 2015 City Commission Regular Meeting Minutes. There is no fiscal impact related to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 6 OF 14 COMMUNICATION EFFORTS: RECOMMENDATION: RECESS REPORTS REPORTS REPORTS REPORTS REPORTS REPORTS 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 Cit y 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 City Clerk is requesting the City Commission review and consider offering their Approval of the Monday, October 12, 2015 City Commission Regular Meeting Minutes. 400. Office of the City Attorney - Anthony A. Garganese, Esquire 401. Office of the City Manager - Kevin L. Smith 402. Office of the City Clerk - Andrea Lorenzo-Luaces, MMC 403. Office of Commissioner Seat One - The Honorable Jean Hovey 404. Office of Commissioner Seat Two - The Honorable Kevin Cannon CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 7 OF 14 REPORTS REPORTS REPORTS PUBLIC HEARINGS AGENDA PUBLIC HEARINGS Scan with your smart device to view electronically REQUEST: FISCAL IMPACT: 406. Office of Commissioner Seat Four - The Honorable Cade Resnick 407. Office of Commissioner Seat Five/Deputy Mayor - The Honorable Joanne M. Krebs 408. Office of the Mayor - The Honorable Charles Lacey 500. Community Development Department - Planning Division The Community Development Department – Planning Division requests that the City Commission consider second reading and final approval of Ordinance 2015-20, which proposes to delete Section 9-10 (c)(1) from the City's Code of Ordinances relating to general conditions for approval of a plat, replat or lot split request. There is no direct fiscal impact associated with this agenda item. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 8 OF 14 COMMUNICATION EFFORTS: RECOMMENDATION: PUBLIC HEARINGS Scan with your smart device to view electronically REQUEST: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on October 1, 2015. Staff and the Planning & Zoning Board recommend the City Commission approve Ordinance 2015-20, which proposes to delete Section 9-10 (c)(1) from the City's Code of Ordinances relating to general conditions for approval of a plat, replat or lot split request. 501. Office of the City Attorney The City Attorney requests that the City Commission consider on Second Reading Ordinance No. 2015 - 22, which comprehensively updates and modifies the City’s code enforcement procedures and requirements including, but not limited to, establishing an optional special magistrate system of enforcing certain code violations in addition to using a code enforcement board system. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 9 OF 14 FISCAL IMPACT: COMMUNICATION EFFORTS: RECOMMENDATION: PUBLIC HEARINGS Scan with your smart device to view electronically REQUEST: There is no direct fiscal impact related to the adoption of this Ordinance other than staff and attorney time to prepare the Ordinance and Agenda Item. However, the City will be responsible for fees required to retain a special magistrate if necessary in the future. The fees will depend on the future negotiated rate and the case load handled by the special magistrate. Special magistrate fees are not recoverable against the code violator as “costs” under Chapter 162, Florida Statutes. See Op. Att'y Gen. Fla. 14-04 (2014) (s. 162.07(2), Fla. Stat. does not allow a city to recover against a code violator the fees paid to a special magistrate or to the special magistrate’s assistant). 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 Cit y 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 City Manager, Police Chief, and Cit y Attorney recommend that the City Commission pass Ordinance No. 2015-22 on Second Reading. 502. Community Development Department - Planning Division The Community Development Department – Planning Division requests that the City Commission hold a Public Hearing to consider the First Reading of Ordinance 2015-13, a Small-Scale Future Land Use Map Amendment for two parcels totaling 5.42 acres located at 395 Tuskawilla Road, approximately one half mile southeast of the intersection of State Road 434 and Tuskawilla Road. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 10 OF 14 FISCAL IMPACT: COMMUNICATION EFFORTS: RECOMMENDATION: PUBLIC HEARINGS Scan with your smart device to view electronically REQUEST: The proposed Small-Scale future land use amendment, which re-designates the property from “Public/Semi-Public” to “Low Density Residential”, will allow the construction of the Tuskawilla Crossing development in accordance with the master plan and will facilitate the addition of additional taxable value to the City and potentially spur the increase of future residential and commercial development activity within this particular area. 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 Cit y 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 yellow sign stating the date, time and location of the public hearing has been erected on the subject property. The Community Development Department - Planning Division requests that the City Commission hold a Public Hearing to consider First Reading of the Small-Scale Future Land Use Map Amendment for approximately 5.42 acres located at 395 Tuskawilla Road, approximately one half mile southeast of the intersection of State Road 434 and Tuskawilla Road. 503. Community Development Department - Planning Division The Community Development Department – Planning Division requests that the City Commission consider one Special Exception request to the Town Center District Code to permit single-family detached residential units in the T5 (Urban Center Zone) of the Town Center on the eastern portion of property located on the south side of State Road 434, adjacent to the Cross Seminole Trail bridge. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 11 OF 14 FISCAL IMPACT: COMMUNICATION EFFORTS: RECOMMENDATION: REGULAR AGENDA REGULAR Scan with your smart device to view electronically REQUEST: The construction of the single-family residential units on the property will add taxable value to the City's tax rolls. A preliminary fiscal impact analysis report for the entire 373 unit single-family detached subdivision is attached as "Attachment B". A final impact analysis report will be provided at the time said plans are presented to the City Commission for final approval. The estimated taxable value of the 16 units that are the subject of this Special Exception request is $5,600,000. The estimated amount of the annual city ad valorem taxes generated by the 16 units is $14,224.00. 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 Cit y 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. Staff and the Planning & Zoning Board recommend approval of one Special Exception request to the Town Center District Code to permit 16 single-family detached residential units in the T5 (Urban Center Zone) of the Town Center on the eastern portion of property located on the south side of State Road 434, adjacent to the Cross Seminole Trail bridge. 600. Community Development Department The Community Development Department is requesting that the Mayor and Members of the City Commission make appointments to the seven (7) member Districting Commission pursuant to Section 4.02 of the Charter of the City of Winter Springs. The referenced Section of the Charter states that these appointments must be made by the first day of February, 2016. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 12 OF 14 FISCAL IMPACT: COMMUNICATION EFFORTS: RECOMMENDATION: REGULAR Scan with your smart device to view electronically REQUEST: There is no direct fiscal impact associated with this agenda item. 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 Cit y 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 Community Development staff recommends that the Mayor and Members of the City Commission appoint seven (7) electors to serve on the 2016 Districting Commission, in accordance with the provisions of Section 4.02 of the City Charter. 601. Community Development Department - Planning Division The City Manager, Community Development Department, Planning Division, and the City Attorney's office are requesting that the City Commission consider Vistawilla Office Center, LLC’s request to approve the Sixth Modification to the Developer’s Agreement (as previously directed by the City Commission) and a Lot Split Resolution No. 2015-26 dividing the subject property into two parcels of land. In addition, prior to consideration of the Sixth Modification and Lot Split Resolution, Vistawilla Office Center, LLC is requesting that the City Commission consider approving an Assisted Living Facility (ALF) (with memory care component) as a permitted use on the vacant portion of the property located to the east of the existing Vistawilla Office Building (proposed Lot Split Parcel 2) pursuant to the terms of EXHIBIT "B" of the Settlement Agreement adopted by the City Commission by Ordinance No. 489 on July 23, 1990. The ALF request will have an impact on the terms and conditions of the proposed Sixth Modification to Developer’s Agreement and the Lot Split Resolution so it is being presented as the first issue to be considered by the City Commission. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 13 OF 14 FISCAL IMPACT: COMMUNICATION EFFORTS: RECOMMENDATION: The approval of the Sixth Modification to the Vistawilla Office Center Developer's Agreement reduces the payment owed to the City from $200,000 to either $75,000 or $100,000, depending upon the timing of the sale of the property. 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 City Manager, Community Development Department, Planning Division, and the City Attorney's office are requesting that the City Commission consider Vistawilla Office Center, LLC’s request to approve the Sixth Modification to the Developer’s Agreement (as previously directed by the City Commission) and a Lot Split Resolution dividing the subject property into two parcels of land. However, before proceeding with considering the proposed Sixth Modification and Lot Split Resolution, the City Commission should consider Vistawilla Office Center, LLC’s request to approve an Assisted Living Facility (ALF) (with memory care component) as a permitted use on the proposed Lot Split Parcel 2 pursuant to the terms of EXHIBIT "B" of the Settlement Agreement adopted by the City Commission by Ordinance No. 489. On July 23, 1990. City staff is requesting that the City Commission consider. Once this decision is made, the City Commission should proceed as follows: A. Consideration and approval of the proposed Sixth Modification to Developer’s Agreement as presented or as amended to incorporate the ALF permitted use; and B. Consideration and approval of the Lot Split Resolution No. 2015-26, with either the ALF boundary survey or non-ALF boundary survey. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSIO N REGULAR MEETING – OCTOBER 26, 2015 PAGE 14 OF 14 PUBLIC INPUT (Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. In its discretion, the City Commission may set aside up to thirty additional minutes at the end of each City Commission meeting for additional public input by any resident or taxpayer of the City about items of public interest. It is not appropriate to readdress quasi-judicial and public hearing items previously addressed by the City Commission at the same meeting, nor to advance arguments or repetitious questions concerning matters which the City Commission believes to be closed. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission.) ADJOURNMENT  PUBLIC NOTICE  This is a Public Meeting, and the public is invited to attend. This Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes.