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HomeMy WebLinkAbout2013 08 26 City Commission Regular Meeting AgendaCITY OF WINTER SPRINGS, FLORIDA T�� 04 s � � Z U Uj Incorporated • 1959 ' 'coo WEIR CITY COMMISSION AGENDA REGULAR MEETING MONDAY, AUGUST 26, 2013 - 5:15 P.M. CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Cade Resnick - Seat Four Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Pam Carroll - Seat Three Commissioner Joanne M. Krebs - Seat Five 0. 0 :b Scan with your smart device to view electronically PLEASE SILENCE ELECTRONIC DEVICES DURING THE MEETING CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 2 OF 15 CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department %i' Scan with your smart device to view electronically REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this 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. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 3 OF 15 INFORMATIONAL 101. Office of the City Clerk Da 0 0 Scan with your smart device to view electronically REQUEST: The City Clerk requests that the City Commission be advised of the upcoming Anniversary date and Performance Review period for the City Clerk, for the timeframe of October 2012 through September 2013, as requested by the City Commission. FISCAL IMPACT: As this is just notice of an upcoming evaluation, there is no Fiscal Impact to be considered 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. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 4 OF 15 CONSENT AGENDA CONSENT 200. Public Works Department i 0'� 0 D Y Scan with your smart device to view electronically REQUEST: Public Works Department Requesting that the City Commission authorize executing an Amendment to the Contract with Ashbritt Environmental for a 1 Year Extension to perform storm debris removal services. FISCAL IMPACT: No funding is required at this time. The contract value is limited to $500,000 unless approved by the City. It is anticipated that the funding source for debris removal will be the Solid Waste Fund. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: It is recommended that authorization be given for the City Manager and City Attorney to prepare and execute any and all documents necessary to extend the storm debris removal contract with Ashbritt Environmental for one year. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 5 OF 15 CONSENT 201. Community Development Department - Planning Division EA 0 Scan with your smart device to view electronically REQUEST: The Community Development Department, Planning Division is requesting the City Commission consider executing an agreement between the City of Winter Springs, Seminole County, and American Land Investments of Central Florida, LLC regarding the Mermel property. FISCAL IMPACT: Approval of this agreement will assist in the development of the Southern Oaks residential subdivision which, upon completion, will add to the City's taxable value. A detailed fiscal analysis for the project will be presented to the City Commission as part of the final engineering 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 recommends that the City Commission enter into the Tri -Party agreement between the City of Winter Springs, Seminole County, and American Land Investments of Central Florida, LLC regarding the Mermel property and authorize the Mayor to execute the agreement. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 6 OF 15 CONSENT 202. Office of the City Clerk 0 '0 0 ■ .ti Scan with your smart device to view electronically REQUEST: Requesting the City Commission Review and Approve the Monday, August 12, 2013 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to the approval of this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to consider and offer their Approval of the Monday, August 12, 2013 City Commission Regular Meeting Minutes. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used RECESS CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 7 OF 15 REPORTS REPORTS 400. Office of the City Attorney - Anthony A. Garganese, Esquire REPORTS 401. Office of the City Manager - Kevin L. Smith REPORTS 402. Office of the City Clerk - Andrea Lorenzo - Luaces, MMC REPORTS 403. Office of Commissioner Seat Two - The Honorable Rick Brown REPORTS 404. Office of Commissioner Seat Three - The Honorable Pam Carroll REPORTS 405. Office of Commissioner Seat Four/Deputy Mayor - The Honorable Cade Resnick REPORTS 406. Office of Commissioner Seat Five - The Honorable Joanne M. Krebs REPORTS 407. Office of the Mayor - The Honorable Charles Lacey REPORTS 408. Office of Commissioner Seat One - The Honorable Jean Hovey CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 8 OF 15 PUBLIC INPUT (Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a "Public Input" form. You will be given three (3) minutes to speak; however, if you are speaking on behalf of a group or Homeowner's Association, you will be given five (5) minutes to speak. It is at the discretion of the City Commission to allow a speaker more than the allotted time. If you wish to speak during any scheduled Public Hearings on the Agenda, you will also need to fill out a "Public Input" form and will be given the same time allotment as mentioned above. Please address the Mayor or Presiding Officer with all comments.) PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division 0� 0 0 Scan with your smart device to view electronically REQUEST: The Community Development Department - Planning Division requests the City Commission consider both the Final Engineering Plans and Aesthetic Review for Seven Oaks, subject to specific technical comments issued by the City of Winter Springs Development Review Committee dated August 20, 2013. FISCAL IMPACT: The proposed Final Engineering Plan for Seven Oaks lays the groundwork for the development of 138 single- family homes and 2.09 acres of future commercial property fronting Shepard Road. The potential tax revenue of the proposed project is as follows: Fee Simple Single - Family Residential — 138 units 138 Units assessed at $245,000 = $33,810,000.00 assessed tax value $33,810,000.00/1000 = $33,810 $33,810 x (2.4300) = $82,158 $82,158 (less the 4% statutory discount) = $78,871.68 tax revenue Commercial Parcel (2.09 acres) Floor Area Ratio (.20) - 18,200 square feet 18,200 ($110 /sq.ft.) - $2,000,000 $2,000,000/1000 - $2,000 $2,000 x (2.4300) _ $4,860 $4,860 (less the 4% statutory discount) = $4,665.60 Total potential tax revenue $83,537.28 CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 9 OF 15 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. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: The Community Development Department - Planning Division requests the City Commission approve both the Final Engineering Plans and Aesthetic Review for Seven Oaks, subject to specific technical comments issued by the City of Winter Springs Development Review Committee dated August 20, 2013. PUBLIC HEARINGS 501. Community Development Department - Planning Division 0. 0 0 .' Scan with your smart device to view electronically REQUEST: The Community Development Department — Planning Division requests that the City Commission consider first reading of Ordinance 2013 -09, which proposes: 1) to amend Chapter 16, Signs of the City Code of Ordinances, and 2) to revise the State Road 434 sign regulations set forth in Sections 20 -470 and 20 -486, and incorporate said regulations into Chapter 16. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 10 OF 15 FISCAL IMPACT: While there is no direct fiscal impact to the City, staff has heard numerous requests from the business community for some flexibility and for additional options for signage. Staff is of the opinion that the proposed new code language will facilitate more diversified development and increase the chance of local businesses remaining viable over the long term because of the signage options provided. Business retention and expansion, along with attracting new businesses, will have a positive fiscal impact to the City's tax base. 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. On July 11, 2013, a City Commission first reading date of July 22, 2013, and a City Commission second reading date of August 12, 2013 was advertised in the Orlando Sentinel. At the request the request of the Planning and Zoning Board at their July 10, 2013 meeting, the revisions were sent back to the Police Department for one additional review. Because of this delay, the advertisement was preserved at the July 22, 2013 City Commission meeting by postponing the first reading to a date certain of August 26, 2013. RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of first reading of Ordinance 2013 -09, which proposes: 1) amend Chapter 16, Signs of the City Code of Ordinances, and 2) to revise the State Road 434 sign regulations set forth in Sections 20 -470 and 20 -486, and incorporate said regulations into Chapter 16. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 11 OF 15 REGULAR AGENDA REGULAR 600. Community Development Department and Code Enforcement Division of Police Department 0'' i0 x y Scan with your smart device to view electronically REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Robert Carneal for reduction (partial release) of a Code Enforcement Lien on property located at 443 Alderwood Court. FISCAL IMPACT: The request represents a $76,831.85 reduction in the amount to be collected and credited at this time to the City's General Fund. Because of staff s recommendation for a partial release of the lien, the balance of the lien ($76,831.85) will remain an encumbrance on any and all real or personal property owned by the original violator, Laura Francis. 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 AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 12 OF 15 RECOMMENDATION: The Code Enforcement Division of the Police Department, and the Code Enforcement Board recommend that the City Commission approve a partial release of lien, releasing the property at 443 Alderwood Court from all but $1,034.80 of the original lien. After further consideration of the case and the criteria previously detailed, the Community Development Department is recommending that the partial lien reduction be to an amount no less than $8,651.85, which represents 10% of the original lien amount, plus the City's costs to administer the lien in the amount of $1,034.80, for a total to be paid by the applicant of $9,686.65. The balance of the lien, ($76,831.85) will remain an encumbrance on any and all real or personal property owned by the original violator, Laura Francis. REGULAR 601. Community Development Department and Code Enforcement Division of Police Department ❑ %w- Scan with your smart device to view electronically REQUEST: The Community Development Department and the Code Enforcement Division of the Police Department request that the City Commission consider the request of Michelle Barry for a reduction (partial release) of a Code Enforcement lien on property located at 245 E. Tradewinds Road. FISCAL IMPACT: The request represents an $80,402.10 reduction in the amount to be collected and credited at this time to the City's General Fund. Because of staff s recommendation for a partial release of the lien, the balance of the lien ($80,402.10) will remain an encumbrance on any and all real or personal property owned by the original violators, Sidney and Julie Testerman. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 13 OF 15 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department, the Code Enforcement Division of the Police Department, and the Code Enforcement Board recommend that the City Commission approve a partial release of lien, releasing the property at 245 East Tradewinds Road from all but $3,740.02 of the lien. The balance of the lien ($80,402.10) will remain an encumbrance on any and all real or personal property owned by the original violators, Sidney and Julie Testerman. As part of making this recommendation, staff has considered not only the work to bring the violations into compliance but also the large amount of additional work to upgrade the house as a primary residence. REGULAR 602. Office of the City Manager 0 IN ti 0' ■ Scan with your smart device to view electronically REQUEST: City Manager requesting the Commission to review information regarding the City Manager's annual performance evaluation for the evaluation period ending May 25, 2013. FISCAL IMPACT: Due to budget constraints, City employees were not given merit increases and no funds were allocated for this purpose in FY 2013. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 14 OF 15 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 recommends that the City Commission review and utilize the information provided in this agenda item (as well as any other data /information deemed appropriate) for purposes of evaluating and rating the City Manager's performance for the annual review period ended May 25, 2013, via the attached City Manager Evaluation Form or other method the individual Mayor /Commissioner deems appropriate. PUBLIC INPUT (Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a "Public Input" form. You will be given three (3) minutes to speak; however, if you are speaking on behalf of a group or Homeowner's Association, you will be given five (5) minutes to speak. It is at the discretion of the City Commission to allow a speaker more than the allotted time. If you wish to speak during any scheduled Public Hearings on the Agenda, you will also need to fill out a "Public Input" form and will be given the same time allotment as mentioned above. Please address the Mayor or Presiding Officer with all comments.) ADJOURNMENT CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - AUGUST 26, 2013 PAGE 15 OF 15 •:• PUBLIC NOTICE •:• This is a Public Meeting, and the public is invited to attend. This Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327 -1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes.