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HomeMy WebLinkAbout2015 12 14 Consent 305 Unapproved Minutes from the October 26, 2015 Regular MeetingCOMMISSION AGENDA ITEM 305 December 14, 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, October 26, 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, October 26, 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 305 PAGE 1 OF 2 - December 14, 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, October 26, 2015 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, October 26, 2015 City Commission Regular Meeting Minutes (27 pages) Consent 305 PAGE 2 OF 2 - December 14, 2015 Attachment "A" CITY OF WINTER SPRINGS, FLORIDA ��NTER 04 S � V t4 Incorp 1959 � WE SRilI CITY COMMISSION MINUTES REGULAR MEETING MONDAY, OCTOBER 26, 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 - OCTOBER 26, 2015 PAGE 2 OF 27 CALL TO ORDER The Regular Meeting of Monday, October 26, 2015 of the City Commission was called to Order by Mayor Charles Lacey at 6:03 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, absent Commissioner Pam Carroll, present Commissioner Cade Resnick, arrived at 6:06 p.m. City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, arrived at 6:13 p.m. City Clerk Andrea Lorenzo - Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. Regarding the Agenda, Mayor Lacey asked, "Do we have Consent to Adopt the Agenda without change ?" As no objections were voiced, Mayor Lacey stated, "Hearing no objections, it is Adopted." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office of the Mayor and Office of the City Commission 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. Mayor Lacey began introductions related to these Presentations. Commissioner Cade Resnick arrived at 6 :06 p. m. Continuing, Mayor Lacey addressed Ms. Marylou Grover, Ms. Pat Smyth, Ms. Joan Terry, and Ms. Deborah Vernau and recognized each with a Proclamation in their honor. City Attorney Anthony A. Garganese arrived at 6:13 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 26, 2015 PAGE 3 OF 27 INFORMATIONAL INFORMATIONAL AGENDA 200. Public Works Department REQUEST: The Public Works Department requests the City Commission receive information regarding the toll road system in Central Florida. 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. This Agenda Item was not discussed. PUBLIC INPUT Mayor Lacey opened "Public Input ". Ms. Tara L. Tedrow, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: briefly addressed the City Commission. CONSENT AGENDA CONSENT 300. Parks and Recreation Department REQUEST: 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 MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 26, 2015 PAGE 4 OF 27 FISCAL IMPACT: City Public Safety costs not to exceed $385 and waiver of $25 City special event permit fee. 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 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. This Agenda Item was not discussed. CONSENT 301. Public Works Department REQUEST: The Public Works requests authorization to piggyback off of Florida Sheriffs 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. 101 04 11 A1517Ie" 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. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 5 OF 27 RECOMMENDATION: 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 Sheriffs Contract 15 -13 -0904 Spec #61 at a cost of $73,340.00 payable from the Transportation Improvement Fund Capital Equipment line code. No discussion. CONSENT 302. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, October 12, 2015 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. 141170-fU 111►1 [. 19 riWto) W oil] 71 &1 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. It WK0 U u L 1 I7kZIA 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. There was no discussion on this Agenda Item. REGARDING A MOTION TO APPROVE THE STATED, "SO MOVED." MOTION BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CONSENT AGENDA, COMMISSIONER HOVEY COMMISSIONER HOVEY. SECONDED BY CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 6 OF 27 Mayor Lacey closed "Public Input". Brief comments. Mayor Lacey again opened "Public Input" Mr. Jim Thomson, 931 Ginnie Way, Winter Springs, Florida: mentioned that traffic counters were placed on Tuskawilla Road near the Trail earlier this year and mentioned that the wires were still in the road, and asked if they could be removed. With further remarks, it was noted that Mr. Brian Fields, P.E., City Engineer, Public Works Department would take this matter up with the County Engineer. Mayor Lacey closed this "Public Input" portion. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith City Manager Kevin L. Smith mentioned the proposed eight (8) laning of State Road 417 and how a sound wall has been requested, and said that in the past, Winter Springs had been told they do not meet the criteria; however, late this afternoon, we were advised "That we are getting a wall." Mayor Lacey asked Mr. Fields, "Will the sound barriers go up under current circumstances, or only once the potential eight (8) laving has been completed ?" Mr. Fields responded, "Only as part of the eight (8) laning project." Mr. Fields then showed a map of the area where the recommended wall would go and pointed out, "The proposed sound barrier would start at Winter Springs Boulevard and would extend north along Chelsea Woods." Continuing, Mr. Fields noted, "The sound wall would end just approximately at the DOT (Department of Transportation) or at the Turnpike pond, at this location. The wall would be as high as it is allowed to be, that's a fourteen foot (14') high shoulder barrier along most of the length, and then what is proposed at Winter Springs Boulevard is an eight foot (8') high barrier along the bridge, that's still subject to structural design and confirmation - I would say this is a lot of wall." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 7 OF 27 Mr. Fields added, "So, we're pleased to see that. What's going to come up for discussion is what happens from here to here. This is Eagle's Watch over here, this is part of Chelsea Woods — Saranac (Drive). The problem here and we saw this in the old report, is just the difference from the (State Road) 417 to those residences. It's not that those residences are not hearing or subject to impacts from the (State Road) 417, it's just that the benefits that they would see from a wall are fairly minimal and wouldn't justify the costs, so we'll absolutely vet the report that we get on the sound wall and see if there is anything there that could possibly justify extending the wall further north, however, I would not expect that to be something that would come in the report." Further comments followed on what portions of the Chelsea Woods subdivision were covered and Mr. Fields referred to the map. Mayor Lacey asked if the Florida Department of Transportation would "Publicly state this" at their upcoming meeting? Mr. Fields responded, "I think so. We'll be there to verify that. But we'll put this information out." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo- Luaces, MMC No Report was given. REPORTS 403. Office of Commissioner Seat One - The Honorable Jean Hovey Commissioner Jean Hovey asked about the Tri- County League of Cities Awards event and when it is being held. Mayor Lacey said the date had been moved to the end of April. Secondly, Commissioner Hovey referenced a recent Commission Meeting when a new resident mentioned that her grandson was not able to attend a local Winter Springs school. Commissioner Hovey said that in researching this matter, she found out the reason was because of the "Class Size Amendment" and that schools can be penalized if they do not adhere to the restrictions and that there are sizeable Fines. Commissioner Resnick commented on this subject and mentioned school averages and class sizes and that this was most specific to elementary schools. Continuing, Commissioner Hovey added that the State Board of Education will be meeting at the Hyatt Regency Airport on Wednesday, October 28, 2015 at 9:00 a.m., and they will be discussing Florida State Assessments, and anyone can attend. Commissioner Hovey remarked that if someone cannot attend this meeting, they can still email the Governor or the State Board of Education; and added that if anyone needed contact information they could contact her and she would be glad to assist. In regards to Commissioner Hovey's earlier comment about the Tri- County League of Cities Gala, Mayor Lacey noted it was planned for April 29`h at the Winter Park Civic Center. Commissioner Resnick stated that regarding the Florida State Assessments, currently students often test for two to four (2 -4) days at a time and three to four (3 -4) times per year and suggested that children could be asked how often they have been tested. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 8 OF 27 REPORTS 404. Office of Commissioner Seat Two - The Honorable Kevin Cannon Absent. REPORTS 405. Office of Commissioner Seat Three - The Honorable Pam Carroll Commissioner Pam Carroll mentioned that many involved with the Winter Springs ARToberFEST thought the event went great this year and referenced Winter Springs residents who also participated in the event. REPORTS 406. Office of Commissioner Seat Four - The Honorable Cade Resnick Also referencing the Winter Springs ARTobe1FEST, Commissioner Resnick said he and his wife enjoyed the event very much. Secondly, Commissioner Resnick mentioned some new restaurants in town which were a great addition and welcomed the new businesses. Further brief comments. REPORTS 407. Office of Commissioner Seat Five/Deputy Mayor - The Honorable Joanne M. Krebs Deputy Mayor Joanne M. Krebs asked about how many people attended the Winter Springs ARToberFEST this year. With further remarks, Commissioner Carroll thought the Oviedo - Winter Springs Regional Chamber of Commerce might have the most accurate information, and also mentioned some previous suggestions about possibly having a week between the Hometown Harvest event and the Winter Springs ARToberFEST. REPORTS 408. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey Mayor Lacey thanked Deputy Mayor Krebs for presiding over the last couple of City Commission meetings in his absence. Next, Mayor Lacey asked the City Manager if he was planning to present a proposed 2016 City Commission Meeting schedule; to which Manager Smith said that he was planning to have the previously agreed to schedule confirmed and to possibly bring forth some additional schedule options. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 9 OF 27 Mayor Lacey noted, "We have a general trend of having one (1) meeting in November and December and usually Memorial Day conflicts so we have one (1) meeting in May..." Manager Smith added, "...The first Meeting in May and we forgo the second in deference to Memorial Day, yes." Mayor Lacey continued, "We have had some success in the past year or two (2) in complying with a lighter schedule in the middle of the summer." With continuing remarks, Mayor Lacey asked, "Does the idea of a reduced summer schedule meet with everyone's approval ?" Manager Smith noted that he was planning to bring an Agenda Item back for further consideration. Commissioner Carroll mentioned mirroring what we had this year and referenced that one (1) of the two (2) Regular July Commission Meetings was held as a Workshop instead and suggested the City Manager could bring that back to the City Commission for consideration. Manager Smith said, "That was generally the thought along with a suggestion as to a potential accommodation or change in June. and then a potential change in August. That is what I was going to bring forward, just for discussion purposes to see what you all thought." Deputy Mayor Krebs commented that she would prefer to see the dates in an Agenda Item. Manager Smith then said, "I could bring that back in November, sure." No objections were noted. In other City business, Commissioner Resnick stated, "Last meeting, I did make an Appointment to the Code Enforcement Board and with the Commission on the dais, I would like to rescind that offer." "I WOULD LIKE TO MAKE A MOTION TO RESCIND THE OFFER TO KIMBERLY DEMPSEY FOR THE CODE ENFORCEMENT BOARD." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. Mayor Lacey opened "Public Input " No one spoke. Mayor Lacey closed "Public Input ". VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Next, Mayor Lacey referenced the previous City Commission meeting and again thanked Deputy Mayor Krebs for presiding and added that Deputy Mayor Krebs did a great job. Mayor Lacey then mentioned that after he had listened to the audio, it seems that "We have somehow grown into a pattern over recent times of using these `Reports' periods for proposing major initiatives." Mayor Lacey remarked that "Reports" at the last City Commission meeting took more than an hour and remarked that "`Reports' are meant to be fairly brief items that are brought forward for everyone's consideration that we cannot discuss privately or that we may want to bring forward for the public's informational purpose. But when we bring forward major initiatives that take an hour to discuss I think we are distorting the process." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 10 OF 27 Mayor Lacey added that such could "Lead to bad decision making because it is not something that has been vetted properly. I think the proper way to act is to not rely on Staff for recommendations in all instances or rely on Staff for initiatives to be brought forward. That is a prerogative of the Commission. And I don't want to discourage that but when some new idea is brought forward, it should be brought forward first for the Commission to get a general review of it and make a decision on whether they want to see some more thorough discussion of it and then, we would request the Staff to bring it back as an Agenda Item in the future; where Staff would be able to give us the benefit of their wisdom on it and we would have some time to consider it ourselves before we have to Vote on it." Deputy Mayor Krebs agreed with Mayor Lacey's comments and thought also that the rules need to be changed or a Policy is created. Next, Deputy Mayor Krebs recognized former Winter Springs Commissioner David McLeod and former Seminole County Commissioner Randy Morris who both were in attendance at this meeting. Continuing, Deputy Mayor Krebs suggested that perhaps the Commission be held to a time limit as others are. Mayor Lacey thought that that was a good suggestion. Deputy Mayor Krebs added, "I think we should have time limits on ourselves too." Furthermore, Deputy Mayor Krebs remarked, "Maybe it is not the three (3) minutes, maybe it is ten (10) or whatever, but I think that that is plenty of time to get out what we need." Commissioner Resnick mentioned, "My thought is that we go to five (5) minutes and in those five (5) minute time frames we ask for an Agenda Item to be created which can be brought forward. We can state our concern and leave it on the table for the Commission to decide." Mayor Lacey referenced the City of Oviedo and thought that their procedural rules included "That nothing can be brought forward for action under a Seat. It has to be suggested and then brought forward as an Agenda Item." Commissioner Hovey asked the City Attorney how other cities he works with handle such matters. Attorney Garganese noted some suggestions and also mentioned that some cities `Reports' come at the end of meetings. Commissioner Hovey thought that was something that could be considered. Deputy Mayor Krebs stated. "I do not necessarily agree with that because if we do have something under a `Report', we do offer `Public Input' at the very end and it gives the opportunity to the public to either say something on what we did or what we had to say or bring up." Mayor Lacey asked Deputy Mayor Krebs is she would be in agreement to this concept with "Public Input" being very last. Deputy Mayor Krebs remarked, "I would agree with it." Commissioner Carroll added, "I would agree with it but I would caution, if we move it to the end, that we make sure we are willing to extend and give the public an opportunity." Mayor Lacey said, "The first `Public Input' like we just had would remain at the beginning of the item, but the last `Public Input' would still be the last thing - and we would just be shifting from where they are now to just prior to the last `Public Input'." Commissioner Carroll recommended, "If we move the `Reports' to just prior to the last `Public Input', we should have some kind of proviso that we will indeed have a `Public Input'." Next addressed was time limits of City Commission meetings, and that if no Vote to extend was made, then a City Commission meeting would be adjourned. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 26, 2015 PAGE I I OF 27 Mayor Lacey noted that regarding a Consensus, "We would like to see the Resolution that governs our meetings drafted by Anthony (Garganese) to include moving the Commission `Reports' to - before the last Public Input and that some language that meets Anthony's (Garganese) legal requirement of encouraging or limiting Commission statements to five (5) minutes — I think I heard a Consensus on five (5) minutes? Any disagreement to that ?" With additional comments, Mayor Lacey noted that the reference to five (5) minutes is not specified as related to the `Reports' section. Attorney Garganese asked, "Do you want to clarify that that includes five (5) minutes maximum `Reports' per Commissioner and per Mayor..." Mayor Lacey stated, "...I would like to go further and suggest that for something to come back, a Commissioner should look for approval from the Commission as a whole to bring it back as an Agenda Item." Tape 1 /Side B Deputy Mayor Krebs mentioned she was in favor of the suggested five (5) minutes time frame but in cases where "There could be something happening in the City that ends up being a discussion among all of us that would take more than five (5) minutes — can we have Anthony (Garganese) put in, `unless agreed to by the entire Commission'." Mayor Lacey added, "That is good policy in all instances and we can explicitly put it in this, and I think it would be good." Mayor Lacey remarked, "I think a plain majority." No objections were noted. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: 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. FISCAL IMPACT: There is no direct 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. This item was advertised in the Orlando Sentinel on October 1, 2015. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 12 OF 27 11 01031T1 NO I". 11Wim 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. Attorney Garganese read Ordinance 2015 -20 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. "I WILL MAKE A MOTION TO APPROVE ORDINANCE 2015 -20." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office of the City Attorney REQUEST: 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. FISCAL IMPACT: 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). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 13 OF 27 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Manager, Police Chief, and City Attorney recommend that the City Commission pass Ordinance No. 2015 -22 on Second Reading. Attorney Garganese read Ordinance 2015 -22 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. "I WILL MAKE A MOTION TO APPROVE ORDINANCE 2015 -22." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department - Planning Division REQUEST: 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 MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 14 OF 27 FISCAL IMPACT: 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. 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 yellow sign stating the date, time and location of the public hearing has been erected on the subject property. RECOMMENDATION: 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. REGARDING ORDINANCE 2015 -13, "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2015 -13 by "Title" only. Ms. Amanda Webb, Planner, Community Development Department briefly addressed the City Commission on this Agenda Item. Mr. Randall Morris, RM Strategies, Inc., 323 West Trotters Drive, Maitland, Florida: advised the City Commission that he was representing the Applicant, Standard Pacific of Florida GP, Inc., and stated "We agree with Staff's recommendations." 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 15 OF 27 RELATED TO ORDINANCE 2015 -13, "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department - Planning Division REQUEST: 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. FISCAL IMPACT: 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. 141630 05-DJ IFOGN V_163 01l y 113AW 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 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. Mr. Bobby Howell, AICP, Planner, Community Development Department addressed the City Commission on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 16 OF 27 Brief remarks. Mr. Randall Morris, RM Strategies, Inc., 323 West Trotters Drive, Maitland, Florida: thanked Staff for their diligence and understanding and gave a presentation on their proposed project. Mr. Morris commented, "Our concern is exactly the same as the Commissioner just said. This concept of some small commercial coming in there, be it a - Kentucky Fried (Chicken) or something like that is the exact opposite you want on the viewshed driving down (State Road) 434, then also backing up to, as we see this very valuable Trail - relative to access from homes which is going to add value to those homes at least ten to fifteen percent (10 — 15 %) at a minimum and that have immediate access to that Trail." In reference to the Church Property Mr. Morris added, "That church has been abandoned, we have closed it up. We also have offered to your Public Safety Department if they so choose, if they'd like to use it for any practice facility or anything else. The church has been de- sanctified, so it's now just a building." Referring to the City's Transect Plan, Mr. Morris explained, "This basically shows on the FLU (Future Land Use) of how this is all compatible, what we're doing with the church property coming in and it is compatible with your Transect Plan." Continuing Mr. Morris stated, "This is a Conceptual Site Plan in work, in progress. We will be working closely with your Staff when we come back to you." Furthermore, Mr. Morris pointed out, "We'll be coming back to you for a PSP (Preliminary Site Plan) Hearing. Our goal was in November or December, we'll see if we can meet that goal. It will be our fault if we don't meet it, it won't be your City Staff." Regarding the right -of -way shown, Mr. Morris stated, "The right -of -way that we are proposing is the lighter blue that would be vacated by the City, which is actually far less — you've already done most of the work on this in the past." Referencing the green, Mr. Morris noted, "That's the old DOT (Department of Transportation) right -of- way, which your Council and Staff has had a look into this, relative to the public purpose and use of that land. It's not designed to be used for any commercial purpose or anything else, which indeed we're not doing that here. We're proceeding with DOT (Department of Transportation) on that. And then here's what the new right -of -way would look like and this is in terms of the right -of -way to be vacated. You can see it overlayed in grey here, and then the blue would be our new right -of way that we'd be putting in, in city streets. This is a phase plan we are looking at. Two (2) phases at this time and I want to just sort of interject, in the past when you have the Annexation Hearings, you were dealing with Standard Pacific Homes. Standard Pacific has now merged with Ryland and in the merger they're now called `CalAtlantic [Homes]'." Further brief comments. Continuing Mr. Morris stated, "We'll have some different people involved although the two (2) companies will have a large presence in Central Florida. The new merged company will become one of the largest home builders in Central Florida. It will be the fifth largest home builder in the United States and its' plus four billion dollars ($4,000,000,000.00) in assets. So, you have a stronger entity coming in that's a compatible in their types of homes and models being sold so, we think you'll see a pretty much seamless transition. At least that's what we hope for, but you heard my qualification earlier, not sure when we're coming back before you. It may be because — bringing some of the personnel up to snuff on where we are on this project. This is one of their highest targeted projects in all of Central Florida. Please know that. Two (2) phases - by the way, that's two (2) phases we've proposed in the past. We still think the two (2) phases will hold up just by the sheer size of this and the sheer pricing and market absorption." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 17 OF 27 Regarding the Special Exception, Mr. Morris said "You can see the way we aligned the homes which goes directly back against the Trail. We think this is important because you do have a residential element." Continuing, Mr. Morris remarked, "As I said, we'll be coming back to you with a PSP, Preliminary Site Plan, approval. I don't anticipate this part to change very much. This looks like it's pretty solid. The buffer we put in was a negotiated sixty foot (60') buffer. We already did a tree survey out there, marking whatever canopy trees we could save within that buffer." Continuing, Mr. Morris remarked, "We proposed I believe four (4) separate drawings of what the front, this is fronting the property - what the viewshed from your car would be. We've come out with these in advance of, and it's important for you to understand this, in advance of the ALF (Assisted Living Facility) and their proposal. The City Staff, and I won't speak for them, but what they've indicated to us is they wanted to see the best proposal that we could come up with, so this could be mimicked by the ALF (Assisted Living Facility) next door so it wouldn't be piecemealed development, in terms of piecemeal walls, so we've come up with this hybrid model." Referencing the Cross - Seminole Trail bridge, Mayor Lacey asked Mr. Morris about Seminole County pressure washing the bridge. Manager Smith noted he had the same concerns. Mr. Morris commented, "One of the things that did come up in our conversations and I believe some of you were alluding to it, maybe a little bit earlier, is the impact, the current growth patterns in Winter Springs relative to the school impacts and what's going on there. We were issued our SCALD (School Capacity Availability Letter of Determination) letter which you all are familiar with. I don't know if you've had a chance to review that." Further, Mr. Morris pointed out, "The SCALD (School Capacity Availability Letter of Determination) letter was issued on October 1" and we have capacity in the elementary, a lot of capacity in the middle, and then more limited capacity but still have capacity for this development in the high school." Additionally, Mr. Morris complimented the City's Economic Impact Statement. Mr. Morris then noted, "What this distribution did show in terms of economic impact was a nine million dollar ($9,000,000.00) impact to public schools over ten (10) years that they would be collecting, that they otherwise would not be collecting - the additional State and Federal funding that will come from this would be an additional fourteen million dollars ($14,000,000.00). What I'm suggesting to you, and if you all look at this and it's kind of a short read to the public as a whole, is this development more than pays for itself, and the reason it more than pays for itself is because of the pricepoints of this development." Referring to images for the proposed project, Mr. Morris stated, "The least expensive home in this subdivision is probably going to be somewhere in the three hundred thousand dollar ($300,000.00) range. The average home is probably going to be around four fifty to four seventy -five. Let's go through them. The most popular thing as you all well know about bungalows, one of the most popular products now hitting the market is the bungalow; and this is the smallest product that we would have and this is the type of product you'd be seeing at the lower end of the scale. And this would be representative of the type of bungalow that we'd be building on these narrowest of lots that we'd be having. Let's just run through some examples here. A typical fifty foot (50') lot, as you all know, these are in the 50's and 60's, are the most popular lots that builders can build. And you're also still talking about a home that's now moved into the four hundred range here. And then you get to the very larger homes where you're getting up to forty -five hundred (4,500) square feet and these are being built on sixty foot (60') lots and that's with a mixture of proposals we'll show for this when we come back at PSP (Preliminary Site Plan). And then of course, the biggest lots of all, this is where you're hitting homes at close to six hundred thousand [dollars] ($600,000.00) and plus. So, that gives you a representation of that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 18 OF 27 Concluding his presentation Mr. Morris stated, "I'll take any questions you may have and I would also ask for your Approval on this First Reading." Commissioner Carroll mentioned that she attended the original charrette on this project and recalled a positive response from residents in regards to the proposed small parks throughout the community; and that the residents seemed pleased to have small parks in this project. Mr. Luke Classon, P.E., IBI Group (Florida), Inc., 2300 Maitland Center Boulevard, Suite 101, Maitland, Florida: responded, "We've actually traded the small parks for a large central park. It'd be over five (5) acres and we also have a trail that goes around the pond here with pavilion, community access here. It would be open to the public; it would be dedicated to the City. But instead of having the opportunity to — they originally I believe had six (6) different small parks that were anywhere from a quarter acre to three- quarters of an acre. With that size, you could do small playground things, but something of five (5) acres and if you consider the pond as well which they would amenitize - they're planning on amenitizing the fountains and a walking trail, it's over ten (10) acres..." Commissioner Carroll said, "...Just no gators..." Mr. Classon added, "Because you can get over ten (10) acres that you could use as amenities." Mr. Morris commented, "What we really wrestled with playing with that is - how we can get as much connectivity with the size of a project this large to get them access directly to the Trail or not having to cut through someone's yard to get there, as children will be known to do." Commissioner Hovey inquired about how future residents will have access to schools. Mr. Morris explained, "The school access we actually do have, he'll just show it right here. The school access will actually be right there on the corner and it will access both schools — and we already have, already worked out the agreements with the schools." 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 RESNICK. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 19 OF 27 REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: 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. FISCAL IMPACT: There is no direct 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: 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. RECOMMENDATION: 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. "I WOULD LIKE TO APPOINT DR. TED JOHNSON TO THE DISTRICTING COMMISSION." MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 26, 2015 PAGE 20 OF 27 ALSO FOR THE DISTRICTING COMMISSION, "I WOULD LIKE TO APPOINT MARY HOFFMAN HUGHES." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR KREBS. 111 040=1 [00 VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Furthermore, Attorney Garganese explained, "There is a time frame under which this Commission has to operate and I believe we did the individual Appointments just to have an idea of who was going to be appointed, and follow it up with a Resolution — formally appointing everyone and then starting the clock under which they have to do the work pursuant to the Charter. So, I want to make sure that these Appointments, while I doubt that they'll change, will be memorialized at the end of the day when we have all of our members in a Resolution, lays out the task for the Districting Commission and sets forth a time schedule under which they have to do it." Mayor Charles Lacey asked, "What starts that clock ?" Attorney Garganese noted, "Once all of the Appointments are in and finalized, it can be memorialized in the Resolution. The Resolution adoption will start the clock." Comments continued. Additionally, Mayor Lacey suggested that the next Charter Review Committee consider this three (3) year rotation and possibly revise it. Further remarks. Attorney Garganese added for the Record, "We'll follow up when all of the Appointments are in." REGULAR 601. Community Development Department - Planning Division REQUEST: 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 MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 21 OF 27 =14Y.11 113 i7tO 19 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. 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 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. Attorney Garganese presented introductory comments on this Agenda Item. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department commented on aspects related to this Agenda Item, and for the Record said, "There are no Assisted Living Facilities (ALF), Adult Family Care Homes or Adult Day Care Centers within the limits of Winter Springs and no motel or hotels. However, these Uses would be classified as `Commercial' Uses rather than `Residential'." Further remarks. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 26, 2015 PAGE 22 OF 27 "I WOULD LIKE TO PROPOSE A MOTION THAT WE LEAVE THE OFFICE BUILDING REQUIREMENT ON THIS PARCEL, PERHAPS REVIEW IT ONCE A YEAR OR ONCE EVERY TWO (2) YEARS AND MAYBE THE CITY WOULD BE WILLING TO FORGIVE THE TWO HUNDRED THOUSAND DOLLAR ($200,000.00) DEBT IN EXCHANGE FOR LEAVING THE OFFICE BUILDING REQUIREMENT ON THIS PARCEL. IT IS COMMERCIAL PROPERTY, IT IS BETWEEN TWO (2) AIRPORTS, IT IS CLOSE TO UCF (UNIVERSITY OF CENTRAL FLORIDA), IT IS PRIME." MOTION BY COMMISSIONER CARROLL. MAYOR LACEY ASKED COMMISSIONER CARROLL, FOR THE PURPOSE OF SOMEONE WHO WANTS TO SECOND THE MOTION, "IS IT ONE (1) OR TWO (2) YEAR REVIEW?" COMMISSIONER CARROLL RESPONDED, "TWO (2) YEAR." MOTION DIED FOR LACK OF A SECOND. Mr. David McLeod, 645 Dunmar Estate, Winter Springs, Florida: addressed the City Commission and mentioned, "I'd love to put an office building there. Believe me, I would have put one there. The economics is not proven to do that, the office building I presently own there I have struggled... Tape 2 /Side A ... that lot however has no income to me, it only has outgoing. That lot in the last nine (9) years has been costing one point eight million dollars ($1,800,000.00) finance charges only. So, if for every year you want me to hold that lot, it's costing me two hundred thousand dollars ($200,000.00), that's the finance charge on those kind of dollars." Further remarks. Ms. Tara L. Tedrow, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: spoke on behalf of David McLeod, the Vistawilla Office Center, mentioned other individuals involved in this project, and then spoke of the City's Comprehensive Plan and Assisted Living Facilities. Continuing, Ms. Tedrow remarked, "This is a unique property in that it's on (State Road) 434 and it's off (State Road) 417. We are in an area that has both residential and commercial aspects so it's transitional in nature. What we have here instead of some of these high intensity Uses, which Commissioner Carroll I agree would be incompatible perhaps, such as a hospital or a full nursing home on that property. This is unique because it's more residential in character though your Comprehensive Plan says this is specifically a Commercial Use." Additionally Ms. Tedrow explained, "So, we are similar somewhat to providing the medical care type of facilities that you could see in a nursing home, but we are very different in the specific types of Use that's going to happen on this property especially with that unique Memory Care; and the benefit is exactly what you've heard from the Commissioners tonight. It's aging in place. You're giving an opportunity for your elderly population, those thousands of people projected by 2030, to both as you put it, `To live and die in Winter Springs'. So, we think this is a great project. You know Dave (McLeod) only has pride for Winter Springs and wants the best opportunity for this property, but it sat vacant for so long and the market studies show it's going to continue to be vacant and just be an economic downturn. Not only for Dave (McLeod) but for the city, and this will be a great tax base, great opportunity to meet your Comprehensive Plans articulated goals and good for the citizens of Winter Springs, as well." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 23 OF 27 With further brief comments, Ms. Tedrow noted for the Record that this project is located across the street from the GreeneWay Interchange District. Ms. Tedrow added, "We did speak with the Eagle's Watch HOA (Homeowner's Association) and Terri Even, the president of that HOA (Homeowner's Association) was given a presentation on what they're proposing. He proposed it to the HOA (Homeowner's Association) members and there was no opposition that was stated. So, they have reached out to some surrounding property owners, especially the residential ones who would be most concerned with their opinions, and have not heard any objection." Mr. Walt Chancey, AIA, Chancey Design Partnership, 1228 East 7h Avenue, Tampa, Florida: remarked, "I am both the Architect and the development partner here for the Vistawilla ALF (Assisted Living Facility). My partner - is with me today along with Sue (Murphy) who was mentioned and Dave Schmidt, our Civil Engineer. Our group has been designing Assisted Livings for over twenty -five (25) years — we're in the third project. This building will be the third sister property of the one (1) that we're building and that I am a developer and owner of to date and we've been massaging this property and this project. We have a development partner with us along with our operator partner, who is Watermark. Watermark is one of top ten (10) Assisted Living operators in the United States; very well known, very well respected in the industry." Mr. Chancey further added, "One of the things Ms. Carroll mentioned was about the impact. We've been before similar Commissions and have found that usually it's the opposite. Assisted Livings are one of the most quiet and least traffic generating projects out there; parking ratios are the least, traffic generations are the least, very quiet. It's not much of an impact to those surrounding neighbors. For insistence, an office building of the same size might generate four to five (4 - 5) times the traffic which is usually associated with noise and a hindrance to neighbors. So, we believe it's a more quiet and a less impact type Use. Also, we talked about the need. The market study that we did over a year ago and then another update that we've done three (3) months ago shows that there's a need for at least two (2) of these facilities right now in Winter Springs, and the need for Memory Care is even growing stronger, at a much faster rate and it does give you the opportunity to have that facility here. One of the things I wanted to mention - 1990, 1 was about two to three (2 - 3) years into my firm who designed ALF's (Assisted Living Facilities) all over - the name `Nursing Home' in 1990 was more thought of, is what we see in ALF's (Assisted Living Facilities) and Memory Care today. Back then, twenty- five (25) years ago, nursing home was just a word we used where elderly was going. Now it may have been part of a CCRC (Continuing Care Retirement Community), continuing care facility, where there was Assisted Living and at the time, Memory Care was not really specified as the Alzheimer's Disease and other diseases that we know today. So, the intent in 1990, the wording could have been very similar to what we're talking about today; because if we were in 1990, many our residents, especially those in Memory Care, would only have the opportunity to go to a Nursing Home. So, the ALF (Assisted Living Facility) facilities today are offering services that are keeping our residents out of nursing homes which are not near as nice and productive a place to be. So, putting an ALF (Assisted Living Facility) there gives - the residents an opportunity to be stronger, to live longer, to live healthier, and have better care than they might in a nursing home." Continuing, Mr. Chancey referring to some visuals of the building prototype pointed out, "That is somewhat of a `T' shape and it was important to us that we addressed the entry to the building from the west and the south. If you think about it the majority of our Winter Springs residents will be coming from the west to the east; the views into the property, the major front door would address that. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 24 OF 27 We would also have, we believe, traffic coming from the southwest from our residents to the south of us, and the southwest of us, that would be coming in off of the Tuskawilla (Road) entry and coming in this way, and hence we opened the building up to the northwest to address those entries. We also will be looking at operating a marketing center out of the existing office building — so, as we're building and selling, the views of that entry would be important. The back of house, we do have the most impact and would probably be the delivery similar to a restaurant. We are feeding often full -time meals and there would be trash and food deliveries that come in. All of our laundry services are done in house so there's very little impact from that, but we did decide that the best opportunity would be to buffer that against the parking area and the (State Road) 417 and therefore the quiet areas where our residents will be sleeping would be towards the back and the south; so that they're pulled a little bit away from the road for the road noise; however, they're facing onto the south. This prettier view over the pond, our gardens would be there. We also have to separate gardens so that we have Memory Care separated from AL (Assisted Living) patients and also levels of Memory Care." Mr. Chancey added, "We have a lot of program reasons that the building lays out this way; and it actually works very well on the property. This is a view from that entry if you were coming on (State Road) 434 about to turn in on the right entry that's currently there. The entry would be in the same location. It is a three (3) story block and concrete building, very well built, exceptional quality of construction and interior design finish and a couple of the close -ups of the style of the architecture that we're going to create there." Commissioner Carroll suggested that when Memory Care units are added, ambulances may be more prevalent. Mr. Chancey responded, "We don't have that many ambulances coming in. We do have the need for it but it's not that often. The best part about the ALF (Assisted Living Facility) and the quality that we offer is the quality of care. The majority of problems are taken care of by Staff on site. If it's a nursing or hospital care, they would be taken, but it's not that many trips that are generated by emergency services." Next, Commissioner Carroll commented about the trash and food delivery. Responding to the location of the trash and delivery Mr. Chancey referred to the visuals and explained, "This is the service quarter here, and that is the trash, there'd be a dumpster there. One (1) dumpster is all we're utilizing and needing for the facility, and then any loading would come down and load into the door right here. This is the back of the house, the service that ties all of the food service together with dining. There are cafe opportunities for smaller food service and snacks and things of that nature. And then this wing down here becomes the Memory Care on the first floor and then all the other upper floors are Assisted Living. There may be more Memory Care on the second floor depending on the need and the actual beds that come in. But the buffers, it's buffered here, this will be a heavily landscaped garden through here which will buffer this neighborhood. This is all landscaped here. This existing six foot (6) wall here that we will continue along with a secondary wall around the quiet garden and buffering out throughout here and existing, this is pretty heavily treed right now along the parking lot." Referring to the plans, Commissioner Carroll inquired, "Your main traffic pattern will be to and from (State Road) 434 and not, coming from Vistawilla Road, behind the gas station and behind the Vistawilla office building to get into this complex ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 25 OF 27 Mr. Chancey responded, "I would think that most of the people coming from Winter Springs, would come right down here as a right in and possibly come back out at the light, if they're going back to the west so that they can get the left turn -out. So we'll use both. I think that this will be used a little bit more often however but we have this opportunity to come in and out as well. If you're coming from the south it's very likely you may just come straight in instead of going out to the road." Ms. Sue Murphy, P& M Consulting Group, Inc., 501 West Euclid Avenue, Tampa, Florida: briefly introduced herself as the Planning Consultant for the development group Commissioner Hovey asked who spoke to the nearby Homeowner's Association. Ms. Murphy responded, "I spoke to Mr. (Terry) Even and he's asked me to send him information - we sent him the Site Plan and the Elevations that you just saw. He brought it to the Homeowner's Association then we spoke the following week and I asked him if they wanted me to come in and do a full presentation, and he said it wasn't necessary. Nobody had any objections or issues with it. And then I had called Commissioner Cannon and I asked him if there was anyone else." Further discussion. "I WILL MAKE A MOTION TO APPROVE THE ALF (ASSISTED LIVING FACILITY) AS STATED - AS AN ADDITION TO THE ALLOWABLE USES." MOTION BY COMMISSIONER RESNICK. COMMISSIONER RESNICK ADDED TO HIS MOTION, "AND INCORPORATE THAT INTO THE SIXTH MODIFICATION." ATTORNEY GARGANESE NOTED, "IT WOULD ONLY APPLY TO THIS SPECIFIC PROPERTY GOVERNED BY THE SIXTH MODIFICATION." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY CLARIFIED THE MOTION WAS TO "APPROVE THE ALF (ASSISTED LIVING FACILITY) AS A PERMITTED USE IN THIS AREA." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: NAY DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Comments continued. Regarding the next action by the Commission, Attorney Garganese suggested, "The Sixth Modification — the repayment terms are contingent upon the definition of the lots that are in the Lot Split Resolution, so given that, I would recommend that you move forward with the Lot Split Resolution selecting the survey that's identified as the ALF (Assisted Living Facility) boundary survey, and then have a Public Hearing on that particular matter." "I WILL MAKE A MOTION TO THAT EFFECT." MOTION BY COMMISSIONER RESNICK. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 26, 2015 PAGE 26 OF 27 ATTORNEY GARGANESE THEN SAID, "YOUR MOTION WOULD BE TO APPROVE RESOLUTION 2015 -26 AUTHORIZING A LOT SPLIT WITH THE VISTAWILLA OFFICE CENTER PROPERTY WITH THE BOUNDARY SURVEY IDENTIFIED AS THE ALF (ASSISTED LIVING FACILITY) SURVEY IN THE AGENDA PACKAGE." COMMISSIONER RESNICK NOTED HIS AGREEMENT AND STATED "YES." MAYOR LACEY POINTED OUT, "SECONDED BY COMMISSIONER HOVEY ". DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: NAY COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey opened "Public Input ". Mr. Paul Huston, 170 Nandina Terrace, Winter Springs, Florida: addressed the City Commission and commented that he thought the referenced two hundred thousand dollars ($200,000.00) was a Loan. Mr. Huston said that if this was not a Loan, his comments were moot. Mayor Lacey closed "Public Input". MAYOR LACEY ASKED THAT ROLL BE CALLED "ON THE QUESTION THAT WAS MOVED BY COMMISSIONER RESNICK, SECONDED BY COMMISSIONER HOVEY." VOTE: COMMISSIONER CARROLL: NAY COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Lacey pointed out, "The Resolution passes." Lastly, Attorney Garganese remarked, "Just a reminder, there is a condition — on the Lot Split Resolution that needs to be satisfied regarding the declaration of Easements that the Developer and the property owner are aware of. So, then the next and final issue on this Agenda Item is approval of the Sixth Modification and the only Amendment that would need to be made to that is in the Sixth Modification. It would have to expressly authorize the Assisted Living Facility, so that's the only modification that needs to made to that document. Other than that, the repayment terms and everything that was previously discussed and directed by the Commission is set forth in the Sixth Modification." Mayor Lacey added, "So, we're reiterating what was done in April and then adding the ALF (Assisted Living Facility)." Attorney Garganese remarked, "Correct." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 26, 2015 PAGE 27 OF 27 Mayor Lacey opened "Public Input" on the Sixth Modification to the Developer's Agreement with Vistawilla Office. No one spoke. Mayor Lacey closed "Public Input" on the Sixth Modification to the Developer's Agreement with Vistawilla Office. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: NAY COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC INPUT Mayor Lacey opened "Public Input ". No one spoke Mayor Lacey closed "Public Input ". ADJOURNMENT Mayor Lacey adj ourned the Regular Meeting at 8:07 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 2015 City Commission Regular Meeting.