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HomeMy WebLinkAbout2016 03 14 Consent 309 Unapproved Minutes from the February 22, 2016 Regular MeetingCOMMISSION AGENDA ITEM 309 March 14, 2016 Informational Consent X Public Hearings Regular ALLL Regular Meeting City Manager Department REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, February 22, 2016 City Commission Regular Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and /or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Unapproved Minutes from the Monday, February 22, 2016 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk for the Approval by the City Commission. Consent 309 PAGE 1 OF 2 - March 14, 2016 FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at 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, February 22, 2016 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, February 22, 2016 City Commission Regular Meeting Minutes (17 pages) Consent 309 PAGE 2 OF 2 - March 14, 2016 Attachment "A" CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, FEBRUARY 22, 2016 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey - Seat One Commissioner Kevin Cannon - Seat Two Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 2 OF 17 CALL TO ORDER The Regular Meeting of Monday, February 22, 2016 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey, present Commissioner Kevin Cannon, present Commissioner Pam Carroll, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present via telephone City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo - Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. Regarding the Agenda and whether there were any possible Agenda Changes, Mayor Lacey stated, "We have a request to pull Item `403' from the Agenda. Are there any other changes? Is there any objection ?" No objections were noted. Mayor Lacey summarized, "Hearing none, it is Adopted then." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office of the Chief of Police and the Winter Springs Police Department REQUEST: Office of the Chief of Police presenting the Criminal Investigative Bureau with a Unit Citation for their outstanding performance as a team; and presenting the Meritorious Action Award to Investigator Phillip Burks. Chief of Police Kevin Brunelle introduced the following Awards and outlined some of the merits of these individuals who have more than earned such high commendations from the Police Department: The Criminal Investigative Bureau was awarded a Unit Citation for their outstanding performance as a team. Next, Investigator Phillip Burks was presented with the Meritorious Action Award. INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 3 OF 17 PUBLIC INPUT Mayor Lacey opened "Public Input ". No one spoke. Mayor Lacey closed "Public Input" CONSENT AGENDA CONSENT 300. Public Works Department REQUEST: The Public Works Department requesting authorization to enter into a contract agreement with Atlas Apex Roofing, LLC for the Public Safety Building Roof Replacement in the amount of $341,000.00 plus a 10% contingency. FISCAL IMPACT: The construction project cost is $341,000.00 plus a 10% contingency for a total authorization of $375,100.00. Construction management over sight will cost up to an additional $23,360.60. Sufficient funds for this project are available in the 3rd Gen Infrastructure Surtax Fund #121 - 0000 - 34130 - 560650. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve Atlas Apex Roofing, LLC for the Public Safety Building Roof Replacement in the amount of $341,000.00 plus a 10% contingency funded from the 3rd Gen Infrastructure Surtax Fund #121 - 0000 - 34130 - 560650 and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 4 OF 17 CONSENT 301. Public Works Department REQUEST: The Public Works Department is requesting City Commission approval of Amendment #1 to VHB's agreement for engineering services in the amount of $107,513 for design of the Florida Avenue Streetscape Project, funded by the U.S. 17 -92 Community Redevelopment Agency. FISCAL IMPACT: The total cost to complete the Florida Avenue Streetscape design is $115,103, funded by the U.S. 17 -92 Community Redevelopment Agency. VHB's current agreement has a balance of $7,590, thus a contract amendment in the amount of $107,513 is needed for the Florida Avenue Streetscape. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve Amendment #1 to VHB's agreement for engineering services in the amount of $107,513 for design of the Florida Avenue Streetscape Project, funded by the U.S. 17 -92 Community Redevelopment Agency, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. This Agenda Item was not discussed. CONSENT 302. Public Works Department REQUEST: The Public Works Department requesting City Commission approval of Resolution 2016 -05 and authorization to execute a deed for the donation of land to the Florida Department of Transportation for the planned construction of a right turn deceleration lane on S.R. 434 eastbound at Tuscora Drive. FISCAL IMPACT: No funding is required for the donation of lands to FDOT. ,,tea a CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 5 OF 17 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the _ City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve Resolution 2016 -05 and authorize the execution of a deed _ for the donation of land to the Florida Department of Transportation for the future construction of a right turn deceleration lane on S.R. 434 eastbound at Tuscora Drive. No discussion. CONSENT 303. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, February 8, 2016 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, 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, February 8, 2016 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 6 OF 17 "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider Second Reading and Adoption of Ordinance 2015 -01, which facilitates the voluntarily annexation of two (2) parcels totaling approximately 20.48 gross acres, more or less, currently within Seminole County, Florida, and generally located just east of the intersection of State Road 434 and State Road 417. FISCAL IMPACT: The applicant desires to combine the two (2) county parcels for future development. Development of the subject property is anticipated to provide an increase to the City's taxable value. A detailed Fiscal Impact Report will be performed once specific development plans are made available. 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. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of Annexation, Large -Scale Plan Amendment, and Rezoning for the subject parcels on December 8, 2014 (see Attachment D - Seminole County Board of County Commission Annexation Notification Letter). Adjacent property owners have been notified by U.S. mail on December 29, 2014. In addition, the properties have been posted with a large yellow sign. The proposed Ordinance was advertised in the Orlando Sentinel on December 10, 2015, February 11, 2016 and February 18, 2016 (see Attachment E - Advertisement, Orlando Sentinel). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 7 OF 17 RECOMMENDATION: The Community Development Department — Planning Division recommends that the City Commission hold the second reading and adoption of the revised Ordinance 2015 -01, a voluntarily annexation of two (2) parcels totaling approximately 20.48 gross acres. City Attorney Anthony A. Garganese read Ordinance 2015 -01 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. REGARDING THE FINAL READING AND APPROVAL OF ORDINANCE 2015 -01, "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider Second Reading and Adoption for both the Large -Scale Future Land Use Map Amendment and Rezoning for approximately 20.48 acres, generally located just east of the intersection of State Road 434 and State Road 417 as described within Ordinances 2015 -02 and 2015 -03. FISCAL IMPACT: The proposed Large Scale Future Land Use Map Amendment will increase the possibility of additional taxable value to the City and potentially spur the increase of future residential, commercial and/or office development activity within this particular area. A detailed Fiscal Impact Report will be performed once specific development plans are made available. 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 - FEBRUARY 22, 2016 PAGE 8 OF 17 Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of Annexation, Large -Scale Plan Amendment, and Rezoning for the subject parcels on December 8, 2014. Adjacent property owners have been notified by U.S. mail on December 29, 2014. In addition, the properties have been posted with a large yellow sign. The proposed Ordinances were advertised in the Orlando Sentinel on December 18, 2014 for the First Reading and Transmittal and again on December 3, 2015 for Second Reading and Adoption. Additionally, this Agenda Item was postponed to a date certain January 11, 2016, February 8, 2016, and finally to February 22, 2016 to preserve advertisement. RECOMMENDATION: The Community Development Department — Planning Division requests that the City Commission hold the Public Hearing and approve the Second Reading and Adoption of both the Large -Scale Future Land Use Map Amendment and Rezoning (as described within Ordinances 2015 -02 and 2015 -03). Attorney Garganese read Ordinance 2015 -02, and then Ordinance 2015 -03 by "Title" only and stated, "The first Ordinance has to do with a Comprehensive Plan Amendment which is a legislative matter. The Zoning Ordinance as you know is a quasi-judicial matter. Both titles of these Ordinances reflect the old acreage. If you recall, recently as part of Ordinance 2015 -01, the Developer provided us with a boundary survey and metes and bounds legal description. That confirmed that the acreage is really approximately a little over twenty (20) acres so, the Title has not changed in this Ordinance but the metes and bounds legal description is being used. There is a finding in both of these Ordinances indicating those are really not material to the advertising because the advertising was advertised by partial ID, that has not changed. The depiction that's in the advertisement has not changed as well; it clearly depicts the two (2) parcels and the legal descriptions that were first read in for First Reading over a year ago indicate that the acreage could be more. So, we're going to proceed with the adoption of both of these Ordinances without going back to First Reading. In addition, I added the same contingency in Ordinances 2015 -02 and 03 that we have in the Annexation Ordinance to address the pending Quiet Title action so, in the event it's determined that a portion of this property belongs to the Hendrixes, the Zoning map in the Comp Plan map changes that are being proposed in these two (2) Ordinances would also be changed to address that situation because that property would not be considered within the jurisdictional limits of the city. So, that is - what we are proceeding with, with these two (2) Ordinances." Mayor Lacey opened the "Public Input" portion of the Agenda Item for both Ordinances. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item for both Ordinances RELATED TO THE FINAL READING OF THIS ORDINANCE, "MOTION TO APPROVE ORDINANCE 2015 -02." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. t_,� CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 9 OF 17 REGARDING THE FINAL READING OF ORDINANCE 2015 -03, "MOTION TO APPROVE ORDINANCE 2015 -03." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission consider second and final reading of Ordinance 2016 -05, which proposes to add definitions to the City Code of Ordinances related to cottage food operations, and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City. 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 February 14, 2016. RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of second and final reading of Ordinance 2016 -05, which proposes to add definitions to the City Code of Ordinances related to cottage food operations and to amend the City Code of Ordinances regarding the regulation of cottage food operations in order to permit them as a home occupation in the City. Attorney Garganese read Ordinance 2016 -05 by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 10 OF 17 Mayor Lacey opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. Commissioner Kevin Cannon asked, "If the Voters in this State were to approve the use of medicinal marijuana, would people be able to formulate in their home marijuana brownies and some of these other products that we have seen on television using this cottage industries Ordinance ?" Attorney Garganese noted, "If the marijuana Amendment does pass, I am assuming we would have to evaluate to what extent municipalities could regulate that area of law." Discussion ensued. Attorney Garganese suggested, "The Commission could always revise the Ordinance. We do have some regulations on the books regarding the dispensary issue that was put on the books in advance of the Referendum a couple of years ago. It's something that we could evaluate. The Commission could proceed with this Ordinance, we could take a closer look at that, follow the law, follow the Bills, and see if it becomes law and take action accordingly." Further remarks followed with Chief Brunelle and Attorney Garganese and Members of the City Commission. Discussion continued. ON THE FINAL READING OF ORDINANCE 2016 -05, "I WILL MAKE A MOTION TO APPROVE." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Public Works Department REQUEST: The Public Works Department requests the City Commission hold a public hearing for the approval of: 1) a revised Development Agreement for Southern Oaks; and 2) first reading of Ordinance 2016 -06 for conveyance of a 2 -acre parcel to Taylor Morrison of Florida, Inc. FISCAL IMPACT: The revised Developer's Agreement and Ordinance 2016 -06 have a net positive fiscal impact consisting of a $19,555.50 cash payment to the City plus up to $195,555 of stormwater improvements eligible for reimbursement by the St. Johns River Water Management District. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 11 OF 17 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve the following items under separate motions: 1) Revised Development Agreement for Southern Oaks 2) First Reading of Ordinance 2016 -06 Mayor Lacey noted that this Agenda Item had been addressed at the beginning of the meeting during Agenda Changes and was pulled. PUBLIC HEARINGS 404. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission consider: 1) Preliminary/Final Engineering Plan, and 2) Aesthetic Review for Vistawilla Assisted Living Facility, located on the south side of SR 434, west of the SR 434/SR 417 interchange, and adjacent to the eastern side of the Vistawilla office building. FISCAL IMPACT: Development of the property will provide an increase in taxable value to the City. The potential taxable value of the property is provided below: Assisted Living Facili Assessed Taxable Value: $10,000,000 assessed tax value $10,000,000 /1000 = 10,000 10,000(2.43) = $24,300.00 $24,300(less the 4% statutory discount) _ $23,328.00 tax revenue 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 - FEBRUARY 22, 2016 PAGE 12 OF 17 The applicant held a community meeting on February 9, 2016. Please see the attached sign in sheet. l'7 xK�]u�► �I�71 -MT�7� Staff and the Planning & Zoning Board recommend approval of: 1) Preliminary/Final Engineering Plan, and 2) Aesthetic Review for Vistawilla Assisted Living Facility, located on the south side of SR 434, west of the SR 434/SR 417 interchange, adjacent to the east of the Vistawilla office building. The recommendation is conditioned upon the successful relocation of three (3) easements on site, and the increase of the rear setback of the building from approximately 29 -feet from the rear property line to approximately 45 -feet from the rear property line to protect the adjacent residential properties consistent with the intent of the SR 434 Corridor Vision Plan. Mr. Bobby Howell, AICP, Planner, Community Development Department began the discussion with an overview of this Agenda Item. Commissioner Cannon asked where dumpsters would be located. Mr. Walt Chancey, AIA, Chancey Design Partnership, 1228 East 7`h Avenue, Tampa, Florida: pointed to the plan and showed the approximate location of the proposed dumpsters. With comments, Commissioner Cannon said, "They would be in proximity then to the current Trailhead parking for the Cross Seminole Trail, and not near homes." Deputy Mayor Jean Hovey added, "Remember, they cannot pick them up before seven o'clock in the morning. Ms. Tara L. Tedrow, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: stated, "This is where the property is located, right off State Road 434, like Bobby (Howell) said. It's next to the Vistawilla Office Center. That's the outline of the property there in red. Project timeline, real quick, back in October we got approval for the Use for the Assisted Living with the memory care, as well as the Lot Split allowing us to have that portion of the property to the east of the existing office center. On the 9r, we held a voluntary community meeting and we had really positive feedback from all the residents that came. In fact, most of them wanted to know when they or some of their family members could move in, and we've had feedback afterwards, some emails coming through as well, indicating support from one of the HOA (Homeowner's Associations) presidents. We had P &Z (Planning and Zoning Board[ /Local Planning Agency]) on the 10t", where they recommended approval and tonight we're before you to ask for the same." Ms. Tedrow then mentioned some of the professionals who would be working on this project. Mr. Chancey commented, "I come here as an owner of the project, as a Developer, and as the Architect." Continuing, Mr. Chancey noted, "We have a partner in Watermark Retirement Communities, one of the nation's leading operators of senior projects. They have been in business for twenty -seven (27) years, currently have twenty -eight (28) projects around the U.S. containing over 5,000 units that they operate. Again, we're looking at an Assisted Living with about sixty- eight (68) assisted units and twenty -two (22) in the memory care, and we offer top trained staff in our Assisted Living, three (3) meals per day, laundry service. We have fabulous amenities that are offered within our buildings and our memory care service is one of the best in the country. Trained staff for cognitive care curriculums, medication management and different Alzheimer's and Dementia counseling. Again, the site has been described here, we worked very hard with Bobby (Howell) and Randy (Stevenson) on the planning; we did a lot of work together to make everything work really well with the neighborhood. You had asked about the dumpster location which is — we were very careful to locate the back of house service over in the quadrant that would actually be of the least impact. Our southern boundary was reserved for gardens, it's actually two (2) enclosed smaller gardens and then a garden that wraps around. yFd.. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 22, 2016 PAGE 13 OF 17 We have only a very small portion of our building that actually is adjacent to the neighborhood, about a sixty foot (60') portion of that building. We've dropped it down to two (2) stories and then set it back all the way back to forty -five feet (45') from the required... Tape 1 /Side B ...feet that was required there so we're four and a half times as far back. And then this shows a little better the building relationship on site, and again the architecture akin to the traditional interpretation of the Dutch West Indies. We've worked again very hard with Staff to create a beautiful and long lasting building. This building is an all concrete structure, both walls, floors, and structure is all concrete with really good quality of — decorative features that go along with the building. And this just gives you a good overall feel and showing how we ste down the rear of the building to get a very residential scale that would be conducive to adjacency with the neighbors. And then we're buffering the hedges, we're working with Staff now to get an exact buffer distance, this just shows an example of a twelve (12') to fifteen (15') foot Schefflera type hedge that would really provide a nic buffering between the proximity to houses. And then, just a quick showing, this is a project very similar that w opened in Tampa, less than a year ago. It's doing very well. It gives you an idea of the quality of design, furnishings, and just a feel of what we'll see as well here, the garden areas, the memory care." Ms. Tedrow further addressed the City Commission and said, "So, as we noted earlier in the presentation, I showed here what's approved and what we're requesting, so the whole property could have ten foot (10') setbacks but we've really set it back a lot further at the request of Staff as well. So, north is seventy four (74), west is 149, south is actually forty -five (45). So, originally we came in with thirty (30) and then asked to increase it to forty (40) approximately, forty five feet (45') back and then east has a fifty -five foot (55') average. In this area we are approved for a five (5) story building but the max is three (3) stories on the property and we've scaled it back on the southern portion adjacent to the residential at the request of Staff as well to give a more residential feel. In addition, the approved Uses including everything from bowling alleys, Wal -Marts, RV (Recreational Vehicle) dealerships, but all we are asking for is the Assisted Living facility with memory care that was approved in October and we're not requesting any Variances, we're not requesting any Waivers, and to date we've received no opposition and I think that's the same for Staff as well. So, our request is for approval. The plans are consistent with Staff s recommendations. We're happy to take any questions if you have them specific to the project. We feel this is definitely compatible with the surrounding area and harmonious with what Winter Springs is looking for; and hopefully is going to raise the bar high for future development in the surrounding area to bring in top quality development." Commissioner Cannon commended the Applicant for working on the setbacks and inquired if any of the patients in this facility would be substance abuse patients. Mr. Chancey answered, "No, this is an Assisted Living, age - based and no substance abuse." Deputy Mayor Hovey then inquired about the garbage dumpsters and asked if they would be locked? Mr. Chancey replied, "Yes, we have an enclosed, concrete enclosure with a metal gate that is locked and closed, that's opened at the time of dumping. So, secured both visually and for safety reasons." Commissioner Pam Carroll offered her thanks for holding the second meeting with residents and mentioned some of the comments that she had heard. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 14 OF 17 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 THE PROJECT." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE iA DEPUTY MAYOR HOVEY: AYE COMMISSIONER CARROLL: AYE RG COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Office of the City Clerk REQUEST: The City Clerk requests that Commissioner Pam Carroll make the following Appointment to the Board of Trustees related to a recent resignation. FISCAL IMPACT: There is no related Fiscal Impact to this Agenda Item. [0[1 03- ►]�I AI07.11[a111001MIAMI 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. Information about the Board Member referenced in this Agenda Item who has resigned as been provided to Commissioner Pam Carroll and also to the Mayor and City Commission; as well as information on possible Board/Committee Applications that the City has on file and which have been provided to the Mayor and City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 15 OF 17 RECOMMENDATION: Commissioner Pam Carroll may make an Appointment to fill the current Vacancy: Seat Three - Commissioner Pam Carroll Board of Trustees Appointment needed: - Vacant Seat Any Appointment not made at this Meeting, can be placed on the next Regular Meeting Agenda, if so desired. "I WOULD LIKE TO MAKE AN APPOINTMENT OF CINDY SOSA TO THE BOARD OF TRUSTEES." MOTION BY COMMISSIONER CARROLL. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report was given. REPORTS 601. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 602. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report was given. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2016 PAGE 16 OF 17 REPORTS 603. Office of Commissioner Seat One/Deputy Mayor - The Honorable Jean Hovey Deputy Mayor Hovey commented to Mr. Caldwell that the parks look nice and asked about the status related to entrance near the Tim Lallathin monument. Mr. Chris Caldwell, Director, Parks and Recreation Department spoke of a Boy Scout project that involved planters. Deputy Mayor Hovey then inquired if a "No Smoking" sign could be posted. Mr. Caldwell added, "That's the challenge that we're looking at and evaluating — right there, we don't want it to turn into a smoking area." Next, Deputy Mayor Jean Hovey asked for an update on City water. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments commented on water quality and projected timelines. Deputy Mayor Hovey mentioned to Mr. Lockcuff, "If anyone has questions, they can call in and talk to you ?" Mr. Lockcuff stated, "Yes." Lastly for her report, Deputy Mayor Hovey mentioned that Chief Brunelle was on Facebook and she had heard good comments about his participation. Deputy Mayor Hovey said to Chief Brunelle, "Thank you for doing that and for answering questions because I know our citizens appreciate it." REPORTS 604. Office of Commissioner Seat Two - The Honorable Kevin Cannon Commissioner Cannon mentioned he was happy to be back. REPORTS 605. Office of Commissioner Seat Three - The Honorable Pam Carroll Commissioner Carroll commented on the Babe Ruth Opening, how nice the fields looked, and thought it was a nice family day. Next, Commissioner Carroll spoke of a Facebook post related to picking up trash. REPORTS 606. Office of Commissioner Seat Four - The Honorable Cade Resnick Commissioner Cade Resnick said to Mr. Caldwell, "To you and your Staff, that was a very good event." Secondly, Commissioner Resnick mentioned that he had some requests from residents, and Ms. Colleen Murphy and he will have a meeting at City Hall on Wednesday, March 9"' at 6:00 p.m. and noted that other residents were welcome to attend. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 22, 2016 PAGE 17 OF 17 REPORTS 607. Office of Commissioner Seat Five - The Honorable Joanne M. Krebs No Report. REPORTS 608. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey Mayor Lace also commented on the Babe Ruth event and stated, "Very well done." Y Y rY PUBLIC INPUT Mayor Lacey opened "Public Input". No one addressed the Mayor and City Commission. Mayor Lacey closed "Public Input ". Before adjourning, Mayor Lacey noted that the next City Commission Regular Meeting is set for Monday, March 14th, at 5:15 p.m.; that a City Commission Workshop (on the Parks Master Plan) is set for next Monday, February 29, 2016 at 6:00 p.m., and the Spring Festival event will be held on Saturday, March 5t", 2016. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:14 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 1 2016 City Commission Regular Meeting.