Loading...
HomeMy WebLinkAbout_2015 08 24 City Commission Regular Meeting Minutes11 111 An, 5111111111111`, i 11111 �11Xt4TE� �= * 0 Incorp ia�t�9 \oo WE MINUTES REGULAR MEETING MONDAY, AUGUST 24, 2015 - 6:00 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Joanne M. Krebs - Seat Five Commissioner Jean Hovey - Seat One Commissioner Kevin Cannon - Seat Two Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick - Seat Four CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 24, 2015 PAGE 2 OF 15 A rr The Regular Meeting of Monday, August 24, 2015 of the City Commission was called to Order by Mayor Charles Lacey at 6:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Kevin Cannon, present Commissioner Pam Carroll, present Commissioner Cade Resnick, absent City Manager Kevin L. Smith, absent Public Works/Utility Departments Director Kip Lockcuff, P.E., 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, Mayor Lacey asked the City Commission, "Are there any changes to the Agenda ?" Mayor Lacey then noted, "Hearing none, it will stand as Adopted." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office of the Mayor and Office of the City Manager REQUEST: The Mayor and the City Manager request the City Commission to receive a presentation from the UCF Incubator. Mr. Fred Kittinger, Jr., Associate Vice President for University Relations, Director of State and Local Government Affairs, University of Central Florida, Post Office Box 160 040, Orlando, Florida: addressed the Mayor and City Commission and spoke of the partnership between Winter Springs and the Incubator program. Mr. Gordon Hogan, Director, UCF Business Incubation Program, 12201 Research Parkway, Suite 206, Orlando, Florida: referencing some PowerPoint slides, Mr. Hogan commented on this "community partnership ", that there are currently twenty -five (25) companies in the Incubator, and that the Incubator is eighty - six percent (86 %) full. Mr. Hogan then gave an update on some of the Incubator companies. INFORMATIONAL AGENDA INFORMATIONAL 200. Police Department REQUEST: The Police Department wishes to update the City Commission on our new community relations and crime prevention initiative called SHIELD 360. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 24, 2015 PAGE 3 OF 15 FISCAL IMPACT: None. 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 (S) 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 ". No one spoke. Mayor Lacey closed "Public Input ". CONSENT AGENDA CONSENT 300. Utility Department REQUEST: The Utility Department is requesting authorization to enter into a contract agreement with Rocha Controls of Tampa for the East Water Reclamation Plant Control System Modifications and Programming at a cost of $61,337 plus a 20% contingency. FISCAL IMPACT: The project cost is $61,337 which is budgeted in the Utility Enterprise Fund (line code 3600- 62100). BEC's estimated cost for shop drawing review and project oversight is $8,610. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 24, 2015 PAGE 4 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: Staff recommends that the City Commission authorize the Utility Department to enter into a contract agreement with Rocha Controls of Tampa for the East Water Reclamation Plant Control System Modifications and Programming at a cost of $61,337 plus a 20% contingency payable from the Utility Enterprise Fund (line code 3600- 62100) and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. There was no discussion on this Agenda Item. CONSENT 301. Public Works Department - Urban Beautification Division REQUEST: The Urban Beautification Department, Arbor Division, asks that the City Commission approve the request of Rick Rebello to remove one (1) specimen pine tree from 109 Holiday Lane. The resident is concerned with the lean of the tree and previous storm damage. FISCAL IMPACT: If this request is approved, the applicant will pay a $25 arbor permit fee to the Arbor Fund and be required to install four (4) replacement credits. 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 - AUGUST 24, 2015 PAGE 5 OF 15 RECOMMENDATION: Staff recommends that the City Commission approve the request of Rick Rebello to remove one (1) specimen pine tree from 109 Holiday Lane. No discussion. CONSENT 302. Community Development Department REQUEST: The Community Development Department is requesting that the City Commission review and approve an agreement with the U.S. 17 -92 Community Redevelopment Agency (CRA) for the Florida Avenue Streetscape Project, funded, in part, from the CRA Redevelopment Trust Fund in the amount of $451,786.00. FISCAL IMPACT: The subject agreement authorizes reimbursement from the CRA for the Florida Avenue project in an amount not to exceed $451,786.00. The total cost of the project has been estimated at $821,681.00. The additional funding above the CRA funding necessary to complete the project (estimated to be approximately $370,000) would come from the second generation one -cent sales tax 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: The Community Development Department recommends that the City Commission approve the Florida Avenue Streetscape Project agreement with the U.S. 17 -92 Community Redevelopment Agency which authorizes CRA reimbursement funding in the amount of $451,786 to be used as partial funding for the Florida Avenue Streetscape Project. City Attorney Anthony A. Garganese remarked, "The CRA (Community Redevelopment Agency) uses a standard form contract that permits any party to terminate that Agreement with thirty (30) days notice and under this Agreement, reimbursement isn't due to the City until after the completion of the project; so theoretically there is this risk the CRA could terminate the Contract prior to reimbursement. We had the same issue and same concerns for the first CRA funding Agreement." Further remarks. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 24, 2015 PAGE 6 OF 15 CONSENT 303. Finance and Administrative Services Department REQUEST: The Finance and Administrative Services Department requests the City Commission approve Resolution Number 2015 -24 recognizing the retirement of Iris Freeman. FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: It is recommended that the City Commission approve Resolution Number 2015 -24 in honor of Finance and Administrative Services employee Iris Freeman and her 15 years of dedicated service to the City of Winter Springs. No discussion. CONSENT 304. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, August 10, 2015 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 24, 2015 PAGE 7 OF 15 RECOMMENDATION: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday, August 10, 2015 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. RELATED TO APPROVING THE CONSENT AGENDA, COMMISSIONER HOVEY STATED, "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. 1901a]EAK"J REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report was given. REPORTS 401. Office Of The City Manager — Kevin L. Smith Public Works[Utility Departments Director Kip Lockcuff had no Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo- Luaces, MMC No Report was given. REPORTS 403. Office of Commissioner Seat Three - The Honorable Pam Carroll Commissioner Pam Carroll commended Mr. Brian Fields, P.E., City Engineer, Public Works Department and Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department for assisting her with the Community Redevelopment Agency (CRA) project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 24.2015 PAGE 8 OF 15 REPORTS 404. Office of Commissioner Seat Four - The Honorable Cade Resnick Absent. REPORTS 405. Office of Commissioner Seat Five/Deputy Mayor - The Honorable Joanne M. Krebs No Report. REPORTS 406. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey No Report was given. REPORTS 407. Office of Commissioner Seat One - The Honorable Jean Hovey Commissioner Jean Hovey offered thanks to the citizens for her being able to participate in the Florida League of Cities Annual Conference and while there, attended a Workshop related to "Facebook ". Commissioner Hovey then distributed some informative articles regarding "Facebook" to the City Conunission. With further comments, Commissioner Hovey noted that a representative from the "Facebook" organization had spoken at the Florida League of Cities Annual Conference, and pointed out some statistics related to "Facebook" use and access. Remarks followed on smartphones, the City of Sanford's "Facebook" page, and that "Facebook" is a "good, inexpensive marketing tool ". Deputy Mayor Joanne M. Krebs thanked Commissioner Hovey for her Report and added that "Facebook" is also a good communication tool. Commissioner Hovey said she would share with Ms. Joanne Dalka, Director, Information Services Department, contact information for a "Facebook" representative who could possibly provide access to "Facebook" staff along with information on the merits that safety and emergency information via "Facebook" would provide. REPORTS 408. Office of Commissioner Seat Two - The Honorable Kevin Cannon Speaking for the Record, Commissioner Kevin Cannon referenced Consent Agenda Item "302 ", the Community Redevelopment Agency (CRA) project, and mentioned that Commissioner Carroll had worked very hard on this project and offered his kudos to Commissioner Carroll for her efforts and contributions. Secondly, Commissioner Cannon commented to Chief of Police Kevin Brunelle, Police Department about emergency alerts, that having alternatives was a good idea, and such should be incorporated into emergency management processes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 24, 2015 PAGE 9 OF 15 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission consider first reading of Ordinance 2015 -19, which proposes to amend Chapter 20, Zoning, of the Code of Ordinances to establish a limited administrative waiver procedure for approving deviations from the City Code. FISCAL IMPACT: There is no direct fiscal impact to the City 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 August 13, 2015. RECOMMENDATION: Staff and the Planning & Zoning Board recommend that the City Commission approve the following requests: 1. Approve the first reading of Ordinance 2015 -19, which proposes to amend Chapter 20, Zoning, of the Code of Ordinances to establish a limited administrative waiver procedure for approving deviations from the City Code, and move said ordinance forward to second and final reading. 2. Authorize the establishment of a $250.00 application fee for the administrative waiver. "MOTION TO READ BY `TITLE' ONLY." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2015 -19 by "Title" only and spoke on the proposed Ordinance. Discussion. Mr. Bobby Howell, AICP, Planner, Community Development Department remarked, "I wanted to point out, we request to establish a two hundred and fifty dollar ($250.00) Application Fee for an Applicant to go through the procedure." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 24, 2015 PAGE 10 OF 15 Comments followed on possible scenarios and Mr. Stevenson pointed out that "It was the least Variance to make the property usable." With further remarks, it was noted that this proposed change was an effort to streamline the process for all involved. 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 MADE A MOTION THAT WE APPROVE ITEM `500' AND ORDINANCE 2015 -19." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HOVEY WHO ADDED, "TO SECOND READING." COMMISSIONER CANNON CONCURRED. DISCUSSION. MAYOR LACEY SUMMARIZED THAT THE MOTION WAS TO "APPROVE ORDINANCE 2015 -19 ON FIRST READING AND MOVE TO SECOND." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE 10 WI 9 [131Z PUBLIC HEARINGS 501. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing for transmittal of Ordinance 2015 -14 to the State of Florida Department of Economic Opportunity, which proposes to remove Policy 1.1.10 from the Housing Element of the City's Comprehensive Plan related to multi- family housing in commercially zoned areas of the City. FISCAL IMPACT: The proposed Comprehensive Plan amendment is not expected to pose any negative fiscal impacts. To the contrary, staff feels that this revision will assist in diversifying the City's tax base. The removal of multi- family residential development from the list of Conditional Uses in the City's commercial zoning districts is anticipated to preserve these areas for commercial development, which generates higher ad valorem taxes and furthers the City's goal of diversifying the tax base, which is predominately residential. 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 - AUGUST 24, 2015 PAGE I 1 OF 15 July 30, 2015 Public Noticing in Orlando Sentinel of LPA Hearing July 30, 2015 Public Noticing in Orlando Sentinel of Public Hearing /Transmittal August 12, 2015 Local Planning Agency Review of Ordinance 2015 -14 August 24, 2015 City Commission- Public Hearing /Transmittal RECOMMENDATION: Staff and the Local Planning Agency recommends that the City Commission transmit Ordinance 2015 -14 to the State of Florida Department of Economic Opportunity. This ordinance proposes to remove Comprehensive Plan Policy 1.1.10 of the Housing Element related to multi - family housing in commercially zoned areas. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CANNON. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2015 -14 by "Title" only, spoke briefly on this Agenda Item, and mentioned this was, "A Text change to the Comp[rehensive] Plan." Mr. Stevenson added, "This is First Reading tonight and Transmittal along with the companion package item `502' which is the Zoning Code. We would bring both of those back to you when we get the Comprehensive Plan Amendment back from the State, so thirty (30) days, a couple of months." Ms. Amanda Webb, Planner, Community Development Department pointed out that "Currently, the City's Tax base is eighty -eight point fifty -five percent (88.55 %) residential and eleven point forty -five percent (11.45 %) commercial, and right now the City has approximately one percent (1 %) land area zoned `Commercial' so we're looking to diversify the Tax base and also protect not only the existing commercially zoned areas, but also looking to protect the ones that may be coming in, in the future for redevelopment." 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 MAKE A MOTION THAT WE ADOPT ON FIRST READING ORDINANCE 2015 -14 AND MOVE IT TO SECOND READING." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY ADDED THAT THE MOTION WAS TO "TRANSMIT ORDINANCE 2015 -14 TO THE FLORIDA DEO (DEPARTMENT OF ECONOMIC OPPORTUNITY)." VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 24, 2015 PAGE 12 OF 15 PUBLIC HEARINGS 502. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission consider first reading of Ordinance 2015 -15, which proposes to amend the list of permitted, conditional and prohibited uses in the C -1 (Neighborhood Commercial), C -2 (General Commercial), and C -3 (Highway 17- 92 Commercial) zoning districts by removing multi - family residential uses as a Conditional Use in these zoning districts. FISCAL IMPACT: There is no indirect fiscal impact associated with this agenda item. However, the removal of multi- family residential development from the list Conditional Uses in the City's commercial zoning districts is anticipated to preserve these areas for commercial development, which generates higher ad valorem taxes when said properties are developed and furthers the City's goal of diversifying the 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. This item was advertised in the Orlando Sentinel on July 30, 2015. RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of the first reading of Ordinance 2015 -15, which proposes to amend the list of permitted, conditional and prohibited uses in the C -1 (Neighborhood Commercial), C -2 (General Commercial), and C -3 (Highway 17 -92 Commercial) zoning districts by removing multi - family residential uses as a Conditional Use in these zoning districts, and move said ordinance forward to second and final reading. RELATED TO ORDINANCE 2015 -15, "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 -15 by "Title" only. Continuing, Attorney Garganese noted, "If this Ordinance were to pass, Multi - Family Residential would be removed as a potential Conditional Use in those Commercial Zoning Districts however, with that said, just want to bring to your attention, that if there is a Multi - Family Residential Use that lawfully is in existence at the time this Ordinance becomes effective, that Multi- Family Use would continue to be considered a permitted Use." Mayor Lacey opened the "Public Input " portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 24, 2015 PAGE 13 OF 15 Mr. Bill Dehlinger, 1601 Tiverton Street, Winter Springs, Florida: commented on a Mixed Use Developments. Attorney Garganese pointed out, "This Ordinance would not address Mixed Use zoning designation or the Town Center for example. This only applies to C -1, C -2, and C -3, 17 -92 Districts." Mayor Lacey closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION THAT WE APPROVE ON FIRST READING ORDINANCE 2015 -15 AND MOVE IT FOR SECOND READING." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. Attorney Garganese noted, "That Ordinance will come back for Second and Final Reading when Ordinance 2015- 14 comes back." PUBLIC HEARINGS 503. Office of the City Attorney REQUEST: On behalf of the Police Chief and the City Manager, the City Attorney requests that the City Commission consider and pass, on First Reading, Ordinance No. 2015 -17 which comprehensively modifies the City's code enforcement procedures and requirements including, but not limited to, establishing a special magistrate system of enforcing City Codes and amending the manner in which applications for code enforcement lien reductions and satisfactions are considered by the City. 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. 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). CK9Ju �UTOWKWEN MOWED] W to] R1 KT 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 — AUGUST 24, 2015 PAGE 14 OF 15 RECOMMENDATION: The City Manager, Police Chief, and City Attorney recommend that the City Commission pass Ordinance No. 2015 -17 on First Reading and direct the City Clerk to advertise the Ordinance for second and final reading in a newspaper of general circulations in accordance with the requirements and procedures set forth in Section 166.041, Florida Statutes. RELATED TO ORDINANCE 2015 -17, "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2015 -17 by "Title" only and then spoke of the details in the Agenda Item including the Code Enforcement Board, a Special Magistrate, and Liens. Chief Brunelle addressed the City Commission and pointed out that that the Code Enforcement Board had been contacted and they were supportive of moving to a Special Magistrate. Discussion followed on timelines for handling Cases, costs, and the selection of a Special Magistrate. Commissioner Cannon then inquired where funds would come from for the Special Magistrate. Chief Brunelle stated, "We're now going to have to figure that out and negotiate that." Attorney Garganese added, "Costs as defined in Chapter 162, based on an Attorney General Opinion last year, costs do not include reimbursement of Special Magistrate Fees nor the Assistant to the Special Magistrate that may be doing services for the local governmental entity. With that said, as you know, once a Code Enforcement Declaration of Violation occurs and the Fines start accruing, and a Lien gets imposed — when the Lien payment comes in or Lien Satisfaction, the City could factor in the costs incurred for a Special Magistrate in making the determination, if it even wants to reduce the Lien amount, so you might be able to recover it through the penalties that are imposed in Code Enforcement." Further comments. Tape 1 /Side B Discussion followed on possible meeting schedules and that a Special Magistrate would take the emotion out of decision making. 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 ORDINANCE 2015 -17, "MOTION TO APPROVE AND MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION VOTE: COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 24, 2015 PAGE 15 OF 15 REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Mayor Lacey opened "Public Input ". No one addressed the City Commission. Mayor Lacey closed "Public Input" ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:57 p.m. RESPECTFULLY ,S'UBAIITTED: ANTjRt MMC CITY CLERK APPROVED: NOTE: These Minutes were approved at the September 14, 2015 City Commission Regular Meeting.