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1 COMMISSION AGENDA SESSION OF THE CITY COMMISSION TO BE HELD AT THE CITY OF KISSIMMEE CITY HALL, COMMISSION CHAMBERS 101 N. CHURCH STREET KISSIMMEE, FL, TUESDAY, MAY 15, :00 PM 1. MEETING CALLED TO ORDER "As a courtesy to others, please silence all electronic devices during the meeting." "Citizens desiring to speak under Hear Audience shall submit a request form to the City Clerk prior to the meeting. Forms are available at the door or from the City Clerk." 2. INVOCATION AND PLEDGE OF ALLEGIANCE A. INVOCATION B. PLEDGE 3. PROCLAMATIONS AND SPECIAL PRESENTATIONS A. NAOMI WINBUSH MEMORIAL 2012 TOP READER AWARDS B. DONATION OF THE BATAAN-CORREGIDOR MEMORIAL BRONZE REPLICA C. SWEARING IN OF NEWLY PROMOTED FIRE LIEUTENANT AND FIRE ENGINEER D. PRESENTATION OF WAYNE SELEY'S RETIREMENT WATCH E. EMPLOYEE OF THE MONTH FOR MAY - CHARLES HESS F. PROCLAMATION - NATIONAL SALVATION ARMY WEEK G. PROCLAMATION - WATER REUSE WEEK H. PROCLAMATION - NATIONAL PUBLIC WORKS WEEK I. PROCLAMATION - EMERGENCY MEDICAL SERVICES WEEK
2 Commission Meeting - May 15, 2012 Page 2 of PUBLIC HEARINGS - FIRST AND SECOND READINGS A. PUBLIC HEARING - SECOND AND FINAL READING - PROPOSED ORDINANCE NO CITY MANAGER ADDRESS REQUIREMENTS AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF KISSIMMEE, FLORIDA, ARTICLE II ADMINISTRATION ; CHAPTER 3 CITY MANAGER; SECTION 2 QUALIFICATIONS; REQUIRING THE CITY MANAGER TO RESIDE IN OSCEOLA COUNTY, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. This is a request to approve a Charter change requiring the City Manager to reside within Osceola County, Florida. B. PUBLIC HEARING - FIRST READING - ANNEXATION (SHINGLE CREEK ACLF, DRC#12-044: ACRES) PROPOSED ORDINANCE #12-07 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN HEREIN DESCRIBED LAND, TO THE CITY OF KISSIMMEE, FLORIDA, FURTHER PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH LAND AFTER ITS ANNEXATION, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Approval of the first reading of an ordinance for the annexation of acres of land, located at 2650 Alice Boulevard, into the City limits. C. PUBLIC HEARING - FIRST READING - LARGE SCALE LAND USE MAP AMENDMENT (SHINGLE CREEK ACLF, DRC#12-046: LOW DENSITY RESIDENTIAL TO INSTITUTIONAL) PROPOSED ORDINANCE #12-09 AN ORDINANCE AMENDING ORDINANCE NO KNOWN AS THE ORDINANCE ADOPTING THE COMPREHENSIVE DEVELOPMENT PLAN FOR THE CITY OF KISSIMMEE, FLORIDA, UNDER THE AUTHORITY OF FLORIDA STATUTE ; DIRECTING THE CITY MANAGER TO AMEND THE COMPREHENSIVE LAND USE PLAN AS HEREIN PROVIDED AFTER THE PASSAGE OF THIS ORDINANCE; PROVIDING FOR A PUBLIC HEARING AS REQUIRED BY LAW; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Approval of the first reading of an ordinance to amend the City s Future Land Use Plan by establishing acres of Institutional land use for the Shingle Creek ACLF. 5. PUBLIC HEARINGS None.
3 Commission Meeting - May 15, 2012 Page 3 of HEAR AUDIENCE Anything requiring a vote will be heard at a later date. 7. CONSENT AGENDA The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous business of the City Commission. The City Commission in one motion may adopt the entire Agenda. The motion for adoption is non-debatable and must receive unanimous approval. By request of any individual member, any item may be removed from the Consent Agenda and placed upon the Regular Agenda for debate. A. COMMISSION MINUTES APPROVAL - JANUARY 17, 2012 Commission approval of the January 17, 2012 Minutes. B. COMMISSION MINUTES APPROVAL - FEBRUARY 7, 2012 Commission approval of the February 7, 2012 Minutes. C. COMMISSION MINUTES APPROVAL - FEBRUARY 21, 2012 Commission approval of the February 21, 2012 Minutes. D. BALLOT LANGUAGE FOR APPROVED CHARTER CHANGES This is a request to approve ballot language for the approved Charter Changes. E. INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF OSCEOLA COUNTY FOR THE MARTIN LUTHER KING BOULEVARD IMPROVEMENT PROJECT Approval of an inter-local agreement with the School Board of Osceola County for the Martin Luther King Boulevard widening project from Thacker Avenue to Lavon Avenue. This project will be funded with 2010 Construction Note funds. F. PUBLIC WORKS AND ENGINEERING ADMINISTRATIVE AND SANITATION DIVISIONS REORGANIZATION Approval to reorganize the Public Works and Engineering s Administrative and Sanitation Division's to address our current needs and improve efficiency in three of our major Enterprise Funds. G. APPROVAL TO CONTRACT WITH TSI DISASTER RECOVERY, LLC TO SCREEN STOCKPILED MATERIALS FOR PUBLIC WORKS AND ENGINEERING
4 Commission Meeting - May 15, 2012 Page 4 of 38 Approval to contract with TSI Disaster Recovery, LLC of Saint Cloud, Florida to screen stockpiled materials at a cost of $48,500. This is funded by the Transportation Impact Fund. H. AUTHORIZATION TO USE THE STATE LAW ENFORCEMENT TRUST FUNDS TO PURCHASE ITEMS FOR A CRIME REDUCTION AWARENESS CAMPAIGN The Police Department is requesting Commission authorization to utilize funds from the State Law Enforcement Trust Fund for a Crime Reduction Awareness Campaign. This project will be funded by the State Law Enforcement Trust Fund in the amount of $25, DISCUSSION ITEMS A. MID-YEAR STATUS REPORT ON DEPARTMENTAL GOALS FY This is a request for the Commission to review and comment on the progress each department is making on goals established for this fiscal year. B. APPROVAL OF THE NOMINEE FOR APPOINTMENT TO THE KUA BOARD OF DIRECTORS The request is for the City Commission to approve the appointment of Reginald Hardy to the KUA Board of Directors. C. REQUEST TO CONSIDER ESTABLISHMENT OF A SISTER CITY RELATIONSHIP WITH AGUADILLA, PUERTO RICO This is a request for the Commission to review and give direction regarding the pursuit and implementation of a "Sister City" relationship with the City of Aguadilla, Puerto Rico. D. ADVISORY BOARD VACANCIES ON THE BOARD OF ADJUSTMENT, HISTORIC PRESERVATION, AND HOUSING ADVISORY BOARDS the Commission make appointments to fill the vacancies on the Housing Advisory Board, Historic Preservation Board, and the Board of Adjustment. The vacancy on the Board of Adjustment is due to the resignation of Bernardo "Ben" Robles and Housing Advisory Board is due to the resignation of Olga Serraty. The one remaining appointment from the terms that expire on May 31, 2012 is for the Historic Preservation Board. 9. HEAR CITY OFFICIALS AND COMMISSIONERS A. CITY MANAGER B. CITY ATTORNEY
5 Commission Meeting - May 15, 2012 Page 5 of 38 C. CITY COMMISSION IN ACCORDANCE WITH FLORIDA STATUTES : ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSES MAY NEED TO ENSURE THAT VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS MADE. IN ACCORDANCE WITH FLORIDA STATUTE , PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 101 N. CHURCH STREET, KISSIMMEE, FL 34741, (407)
6 Commission Meeting - May 15, 2012 Page 6 of A NAOMI WINBUSH MEMORIAL 2012 TOP READER AWARDS The Public Information Office requests that the City Commission recognize nine students who have been selected as the Top Readers for their schools as part of the 2012 City of Kissimmee R.E.A.D. (Read Everyday And Discover) program. The R.E.A.D. Program is a memorial to the legacy of former City Commissioner Naomi Winbush. The recognition program is designed to encourage reading in the middle and elementary schools located within the City Limits by rewarding students who have made significant progress with their reading ability. This year, nine schools within the City Limits participated in the R.E.A.D. Program. Staff recommends that the City Commission along with Mr. Nelson Winbush present the Naomi Winbush Memorial Reading Award to the following students: R.E.A.D Program Naomi Winbush Award 2012 Winners List 1. Kissimmee Charter Academy: Ahmed Alaoui 6 th Grade 2. Central Avenue Elementary: Anthony Lopez 5 th Grade 3. Kissimmee Middle School: Vi Huynh 7 th Grade 4. Thacker Avenue Elementary School: Emily O Sullivan 3 rd Grade 5. Denn John Middle: Kobee Raveendran 8 th Grade 6. Mill Creek Elementary: Austin Jacob 4 th Grade 7. Cypress Elementary: Colin Lyle 5 th Grade 8. Kissimmee Elementary: Calvin Tanudjaja 4 th Grade 9. Highlands Elementary: Juliana Centeio 5 th Grade NaomiWinbushReadingAwards2012.cm 05/15/12
7 Commission Meeting - May 15, 2012 Page 7 of B DONATION OF THE BATAAN-CORREGIDOR MEMORIAL BRONZE REPLICA the City Commission recognize Mrs. Elphick for her gift to the city. Mrs. Makiling Ellen Lansigan Elphick approached the City with the desire to donate the one and only artist proof of the Bataan-Corrigidor Memorial. It is a 25lb solid bronze replica of the memorial currently location at the Kissimmee Lakefront Park. It was the first of its kind to be built in the United States and was inaugurated in Kissimmee in The piece was designed by internationally recognized artist, Sandra Storm. Mrs. Elphick is the historian of the Bataan-Corregidor Memorial, a law graduate of the University of the Philippines and a member of the Philippine Bar. She will present the piece to the City and will say a few words about her gift to the citizens of Kissimmee. Staff recommends the City Commission recognize Mrs. Elphick for her gift to the City. IC2Bataan-CorregidorMemorialDonation.cm 05/15/2012
8 Commission Meeting - May 15, 2012 Page 8 of C SWEARING IN OF NEWLY PROMOTED FIRE LIEUTENANT AND FIRE ENGINEER that Jeremy Christ be sworn in to the position of Fire Lieutenant and Daniel Dodd be sworn in to the position of Fire Engineer. Effective May 3, 2012 Jeremy Christ was promoted to the position of Fire Lieutenant. This vacancy was created by the retirement of Lieutenant Wayne Seley. Effective May 5, 2012 Daniel Dodd was promoted to the position of Fire Engineer. This vacancy was created by the promotion of Jeremy Christ. Staff recommends that these employees be sworn in to their new positions. IC2SwearInLieutantChristEngineerDodd.fir 05/15/2012
9 Commission Meeting - May 15, 2012 Page 9 of D PRESENTATION OF WAYNE SELEY'S RETIREMENT WATCH the presentation of Fire Lieutenant Wayne Seley's retirement watch. Wayne is retiring from the City after 31 years of service. After 31 years of service Lieutenant Wayne Seley is retiring from the City of Kissimmee Fire Department. Wayne started with the Fire Department as a Fire Fighter/EMT on March 30, 1981, was promoted to the position of Engineer in January 1986, and then to the position of Lieutenant in May, The position of Lieutenant with the Kissimmee Fire Department carries many duties and responsibilities. Wayne continually displays a quality of work that reflects his professional standards. Wayne s willingness to volunteer and participate in numerous committees and projects has made him a valuable asset to the department. Lieutenant Seley s file is full of commendations, thank you letters, and positive reviews. They all reflect Wayne s empathy to the needs of his crew, and especially the citizens and visitors that he serviced. We congratulate Lieutenant Seley on his retirement. He will be greatly missed by everyone in the City of Kissimmee especially by his other family the KISSIMMEE FIRE DEPARTMENT Staff recommends presentation of Wayne Seley s retirement watch. IC2SeleyRetirement.fir 05/15/12
10 Commission Meeting - May 15, 2012 Page 10 of E EMPLOYEE OF THE MONTH FOR MAY - CHARLES HESS the Commission join us in honoring the May Employee of the Month Master Officer Charles Hess. It is an honor for the City of Kissimmee to recognize Master Officer Charles Hess as the Employee of the Month for May. Officer Hess has been employed with the Kissimmee Police Department (KPD) for more than 16 years. Charles is described by his colleagues as being a hard worker, team player and someone who never hesitates to assist his fellow officers. His daily responsibilities center on traffic enforcement. Officer Hess performs traffic stops, issues citations and counsels citizens on how to be safer drivers and avoid future traffic violations. Officer Hess is highly skilled when it pertains to writing official reports and conducting criminal investigations. His investigative prowess was displayed in August of 2011, when Officer Hess was involved in the case of an individual impersonating a Physician Assistant at the Osceola Regional Medical Center. Officer Hess managed to solve the case, despite receiving limited information from the hospital staff. His willingness to follow-up on this complicated matter and investigate it to its conclusion, reflects positively not only on Officer Hess, but KPD as a whole. Officer Hess is a Field training officer and a member of the Honor Guard Team. He is consistently one of the top performers in the police department and a role model for other officers and employees to emulate. The City is proud to recognize Officer Hess as the Employee of the Month. Employee of the Month, Charles Hess, is recognized. IC2EmployeeMonthMay2012.Per 05/15/2012
11 Commission Meeting - May 15, 2012 Page 11 of F PROCLAMATION - NATIONAL SALVATION ARMY WEEK The request is for the City Commission to present a Proclamation in honor of "National Salvation Army Week." N/A Staff recommends that National Salvation Army Week be recognized. IC2Proc.SalvationArmyWk.cm 05/15/12
12 Commission Meeting - May 15, 2012 Page 12 of G PROCLAMATION - WATER REUSE WEEK The request is for the City Commission to present a Proclamation in honor of "Water Reuse Week." N/A Staff recommends that Water Reuse Week be recognized. IC2Proc.WaterReuseWk.cm 05/15/12
13 Commission Meeting - May 15, 2012 Page 13 of H PROCLAMATION - NATIONAL PUBLIC WORKS WEEK The request is for the City Commission to present a Proclamation in honor of "National Public Works Week." N/A Staff recommends that National Public Works Week be recognized. IC2Proc.PublicWksWk.cm 05/15/12
14 Commission Meeting - May 15, 2012 Page 14 of I PROCLAMATION - EMERGENCY MEDICAL SERVICES WEEK The request is for the City Commission to present a Proclamation in honor of "Emergency Medical Services Week." N/A Staff recommends that Emergency Medical Services Week be recognized. IC2Proc.EmerMedSvcsWk.cm 05/15/12
15 Commission Meeting - May 15, 2012 Page 15 of A PUBLIC HEARING - SECOND AND FINAL READING - PROPOSED ORDINANCE NO CITY MANAGER ADDRESS REQUIREMENTS AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF KISSIMMEE, FLORIDA, ARTICLE II ADMINISTRATION ; CHAPTER 3 CITY MANAGER; SECTION 2 QUALIFICATIONS; REQUIRING THE CITY MANAGER TO RESIDE IN OSCEOLA COUNTY, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. This is a request to approve a Charter change requiring the City Manager to reside within Osceola County, Florida. The current Charter provision intends the City Manager to become a resident, but does not require it at the time of his appointment. This provision is over 40 years old. As the Commission is aware, the City implemented the management philosophy of succession planning which encourages development and promotion of employees within the organization to positions of leadership. Often times when employees are first hired the decision on where to live or purchase a home is primarily based upon family considerations. As an employee progresses in their career with the City, the current charter language could deny a quality employee the opportunity to become City Manager if the individual did not move into the City s boundaries. Such is the case with our current City Manager and many members of our leadership team. Where an employee resides in Osceola County, does not lessen the dedication or investment made in the community. Employees serve in many capacities in their neighborhoods, schools and communities and are better employees as a result. A requirement that the City Manager live in Osceola County resolves the concerns and is an appropriate requirement since the City is the County Seat for Osceola County. The housing crisis has long been a challenge for Osceola County both during the boom and during the crash. While the recovery has been slow, losses in home values will continue to be an issue for some time to come. Requiring an employee to sell their home to relocate within the City could be financially devastating to the employee or require the City to assume that loss just to relocate within a few miles of their current residence. Osceola County has long been known for its unique and diverse quality of life. Technology and convenient road systems ensure staff is connected and accessible and enhance the ability for the City Manager to manage the City while maintaining a residence in Osceola County. Staff recommends approval. IC2CM_addressRequirements.CA 05/15/2012
16 Commission Meeting - May 15, 2012 Page 16 of B PUBLIC HEARING - FIRST READING - ANNEXATION (SHINGLE CREEK ACLF, DRC#12-044: Acres) Proposed Ordinance #12-07 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN HEREIN DESCRIBED LAND, TO THE CITY OF KISSIMMEE, FLORIDA, FURTHER PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH LAND AFTER ITS ANNEXATION, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Approval of the first reading of an ordinance for the annexation of acres of land, located at 2650 Alice Boulevard, into the City limits. DRC#: PROJECT: REQUEST: Shingle Creek ACLF Annexation LOCATION: 2650 Alice Boulevard, Kissimmee, FL East side of John Young Parkway, south of Shingle Creek, west of Thacker Lagoon and north of the Riverview and Kissimmee Isles subdivisions and The Oaks golf course. P.I.N. # ; ; Site Data Size acres Future Land Use Urban Growth Boundary Infill: Low Density Designation Residential - County Zoning District PRD (Planned Residential Development) (Expired) - County Existing Use(s) Single Family Residence 1.73-acres Vacant acres Adjacent Land Use North Shingle Creek and Commercial General - City South Urban Growth Boundary Infill: Low Density Residential - County East Urban Growth Boundary Infill: Low Density Residential - County West John Young Parkway and Urban Growth Boundary Infill: Low Density Residential - County Adjacent Zoning
17 Commission Meeting - May 15, 2012 Page 17 of 38 North South East West Shingle Creek and HC (Highway Commercial) - City RS-2 (Single Family) - County RS-2 (Single Family) - County John Young Parkway, AC (Agricultural and Conservation), and RS-1 (Single Family) - County Proposal Location of contiguous city limit boundary North Contiguous South County East County West County Create an enclave No Reasonably compact Yes Municipal services provided Yes Public Facilities Analysis Transportation Adjacent streets Access Sanitary Sewer Is volume less than 98% capacity? Potable Water Is volume less than 98% capacity? Is water pressure at least 40lbs per square inch? Solid Waste Is volume less than 5.1lbs per person per calendar day? Recreation Is active recreation area at least 2 acres per 1,000 population? Is urban open space area at least 2 acres per 1,000 population? Is total recreation area at least 4 acres per 1,000 population? Drainage Is off-site discharge; runoff velocities; roadway drainage; pavement; retention; and flood storage LOS standards met? S. John Young Parkway & Cypress Lane Subject to Florida Department of Transportation & Osceola County Yes Compliance Yes Compliance Yes Compliance Yes Compliance Yes Compliance Yes Compliance Yes Compliance Yes - Compliance SUMMARY OF REQUEST:
18 Commission Meeting - May 15, 2012 Page 18 of 38 The applicant is requesting to annex acres which currently consists of one single family dwelling with a driveway from Cypress Lane to Harris Boulevard. The applicant intends on developing the property as an age-restricted adult congregate living facility overlooking Shingle Creek and Thacker Lagoon along the northerly and easterly boundaries of the subject site. A Large Scale Land Use Plan Amendment request to establish Institutional land use is scheduled next on the agenda. A Zoning Map Amendment request to establish MUPUD (Mixed Use Planned Unit Development) zoning will be scheduled for a later date following the second and final readings of the annexation and land use plan amendment requests. FINDINGS AND REASONS: 1. Compliance with Chapter 171 of the Florida Statutes as it meets all the criteria for voluntary annexation as the subject property is contiguous to the City Limits along their northern boundary. Municipal services, including water, sewer, drainage, police and fire protection are already provided to surrounding properties. The subject property is reasonably compact and will not result in the creation of enclaves if annexed. 2. Compliance with Comprehensive Plan Objective : Designating Land Uses for Parcels Annexed Into the City. 3. Compliance with Section annexation regulations are in compliance with the Land Development Code Development Review Committee (DRC): Approval subject to DRC comments on March 27, Planning Advisory Board (PAB): Recommended approval by a vote of 6-0 on April 18, REQUESTED CITY COMMISSION ACTION: Approval of the first reading. IC2shinglecreekACLFannex.ds 05/15/12
19 Commission Meeting - May 15, 2012 Page 19 of C PUBLIC HEARING - FIRST READING - LARGE SCALE LAND USE MAP AMENDMENT (SHINGLE CREEK ACLF, DRC#12-046: LOW DENSITY RESIDENTIAL TO INSTITUTIONAL) Proposed Ordinance #12-09 AN ORDINANCE AMENDING ORDINANCE NO KNOWN AS THE ORDINANCE ADOPTING THE COMPREHENSIVE DEVELOPMENT PLAN FOR THE CITY OF KISSIMMEE, FLORIDA, UNDER THE AUTHORITY OF FLORIDA STATUTE ; DIRECTING THE CITY MANAGER TO AMEND THE COMPREHENSIVE LAND USE PLAN AS HEREIN PROVIDED AFTER THE PASSAGE OF THIS ORDINANCE; PROVIDING FOR A PUBLIC HEARING AS REQUIRED BY LAW; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Approval of the first reading of an ordinance to amend the City s Future Land Use Plan by establishing acres of Institutional land use for the Shingle Creek ACLF. DRC#: PROJECT: TYPE OF REQUEST: From To Shingle Creek ACLF Land Use Map Amendment Large Scale Urban Growth Boundary Infill: LDR (Low Density Residential) - County INST (Institutional) - City LOCATION: 2650 Alice Boulevard, Kissimmee, FL East side of John Young Parkway, south of Shingle Creek, west of Thacker Lagoon and north of the Riverview and Kissimmee Isles subdivisions and The Oaks golf course. P.I.N. # ; ; PROPOSED ZONING: Site Data Size Future Land Use Designation Zoning District Existing Use(s) MUPUD (Mixed Planned Unit Development) acres Urban Growth Boundary Infill: Low Density Residential - County Urban Growth Boundary Infill: PRD (Planned Residential Development) (Expired) - County Single Family Residence 1.73-acres
20 Commission Meeting - May 15, 2012 Page 20 of 38 Adjacent Land Use North South East Vacant acres Shingle Creek and Commercial General - City Urban Growth Boundary Infill: Low Density Residential - County Urban Growth Boundary Infill: Low Density Residential - County West John Young Parkway and Urban Growth Boundary Infill: Low Density Residential - County Adjacent Zoning North South East West Shingle Creek and HC (Highway Commercial) - City RS-2 (Single Family) - County RS-2 (Single Family) - County John Young Parkway, AC (Agricultural and Conservation), and RS-1 (Single Family) - County Institutional Land Use Comprehensive Plan Summary Institutional land use designation is intended to accommodate existing public and semi-public services including: governmental administration buildings; educational institutions; hospital facilities and supportive health care units; arts and cultural or civic facilities; essential public services and facilities; and other similar activities. Land uses such as places of worship, cultural or civic centers, and other similar public or private not-for-profit uses may be included within this land use designation. Potential Zoning Districts CF (Community Facilities) HF (Hospital Facilities) MUPUD (Mixed Use Planned Unit Development) Comprehensive Plan Future Land Use Comparisons Existing Future Land Use Proposed Future Land Use Uses Single family dwelling Adult living facility Maximum density 6 units per acre 20 units per acre Maximum dwelling units Net change n/a 316 Public Facilities Analysis Transportation Adjacent street Access Sanitary Sewer S. John Young Parkway & Cypress Lane Subject to Florida Department of Transportation & Osceola County
21 Commission Meeting - May 15, 2012 Page 21 of 38 Is volume less than 98% capacity? Potable Water Is volume less than 98% capacity? Is water pressure at least 40lbs per square inch? Solid Waste Is volume less than 5.1lbs per person per calendar day? Recreation Is active recreation area at least 2 acres per 1,000 population? Is urban open space area at least 2 acres per 1,000 population? Is total recreation area at least 4 acres per 1,000 population? Drainage Is off-site discharge; runoff velocities; roadway drainage; pavement; retention; and flood storage LOS standards met? Yes Compliance Yes Compliance Yes Compliance Yes Compliance Yes Compliance Yes Compliance Yes Compliance Yes - Compliance SUMMARY OF REQUEST: The applicant is requesting to establish land use for the acres being proposed for annexation, which currently consists of one single family dwelling with a driveway from Cypress Lane to Harris Boulevard. The applicant intends on developing the property as an age restricted adult congregate living facility overlooking Shingle Creek and Thacker Lagoon along the northerly and easterly boundaries of the subject site. Because this request is a Large Scale Land Use Amendment, it will proceed to the Florida Department of Economic Opportunity (fka Department of Community Affairs (DCA)) for review. The request will be brought back to the Commission for a second and final reading for adoption following DEO s review and response to any comments generated. This should occur sometime late summer. A Zoning Map Amendment request will be scheduled at a later date following the second and final reading of this request to establish MUPUD (Mixed Use Planned Unit Development) zoning for the property. FINDINGS AND REASONS: 1) Compliance with Comprehensive Plan Future Land Use Element Policy as the establishment of Institutional land use is intended for public and semi-public uses such as hospitals, supportive health care facilities and other similar activities. Staff feels that Institutional land use is appropriate for property fronting S. John Young Parkway and will present a transition to the single family residential district to the east and south. Shingle Creek and Thacker Avenue also provide a natural buffer. 2) Compliance with Comprehensive Plan Transportation Element Policies (F) and as the City of Kissimmee is considered a Transportation Concurrency
22 Commission Meeting - May 15, 2012 Page 22 of 38 Exception Area. Roads outside of this area, such as S. John Young Parkway and Cypress Lane are subject to Florida Department of Transportation and Osceola County review and approval prior to any access authorization. Development Review Committee (DRC): Approval subject to DRC comments on March 27, Planning Advisory Board (PAB): Recommended approval by a vote of 6-0 on April 18, REQUESTED CITY COMMISSION ACTION: Approval of the first reading. CONDITION(S): 1) City Commission approval of Shingle Creek ACLF annexation request, DRC# ) Subject to Department of Economic Opportunity review and approval. IC2shinglecreekACLFlupa.ds 05/15/12
23 Commission Meeting - May 15, 2012 Page 23 of A COMMISSION MINUTES APPROVAL - JANUARY 17, 2012 Commission approval of the January 17, 2012 Minutes. Minutes for the Commission meeting held on Tuesday, January 17, 2012 are attached for approval. Staff recommends Commission approval. IC2Minutes_ ccl 5/15/2012
24 Commission Meeting - May 15, 2012 Page 24 of B COMMISSION MINUTES APPROVAL - FEBRUARY 7, 2012 Commission approval of the February 7, 2012 Minutes. Minutes of the Commission meeting held on Tuesday, February 7, 2012 are attached for approval. Staff recommends Commission approval. IC2Minutes_ ccl 5/15/2012
25 Commission Meeting - May 15, 2012 Page 25 of C COMMISSION MINUTES APPROVAL - FEBRUARY 21, 2012 Commission approval of the February 21, 2012 Minutes. Minutes of the Commission meeting held on Tuesday, February 21, 2012 are attached for approval. Staff recommends Commission approval. ICMinutes_ ccl 5/15/2012
26 Commission Meeting - May 15, 2012 Page 26 of D BALLOT LANGUAGE FOR APPROVED CHARTER CHANGES This is a request to approve ballot language for the approved Charter Changes. The proposed ballot language for the two Charter Amendments previously passed by the Commission is outlined below. The language meets the statutory requirements. Ordinance - Provides that the City Manager shall reside in Osceola County, Florida Yes for approval ( ) No for rejection ( ) Ordinance - Provides that each Kissimmee Utility Authority member be appointed by a 4/5 vote of the entire City Commission Yes for approval ( ) No for rejection ( ) Staff recommends approval. IC2ballotLang.CA 5/15/2012
27 Commission Meeting - May 15, 2012 Page 27 of E INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF OSCEOLA COUNTY FOR THE MARTIN LUTHER KING BOULEVARD IMPROVEMENT PROJECT Approval of an inter-local agreement with the School Board of Osceola County for the Martin Luther King Boulevard widening project from Thacker Avenue to Lavon Avenue. This project will be funded with 2010 Construction Note funds. As a part of the Thacker Elementary renovation project, the City and the School Board agreed to include the widening of the eastbound segment of Martin Luther King Boulevard from Thacker Avenue to Lavon Avenue. This portion of the roadway was originally to be widened as a part of the Martin Luther King Boulevard Phase 3 project; however, due to time constraints and work conflicts with the School Board, it was decided to move this portion of our work into their project. The project will be managed by Clancy & Theys with a GMP of $178,673, though staff is working on possible cost saving measures to reduce this cost by approximately $22,000. The project consists of widening Martin Luther King Boulevard from just west of Thacker Avenue to Lavon for a total distance of approximately 500 LF. This project will not include any impact to the signals at the intersection of Martin Luther King and Thacker which will be done as a part of the MLK Phase 3 project. It will consist mostly of clearing, grading, paving, sidewalks and curbing and a right in, right out entrance to the new school parking and drop off areas. The eastbound lane will then transition back to the existing two lane divided roadway at Lavon Avenue. The School Board has agreed to donate approximately 23,635 square feet (.54 acres) of land necessary to accomplish this at no cost to the City. The City Attorney s office has reviewed, modified and approved this agreement. Staff proposes using the following existing 2010 Construction Note funds: Account Project Amount PW1112 $178,673 Approval of the inter-local agreement with the School Board for the Martin Luther King Boulevard widening from Thacker Avenue to Lavon Avenue. IC2MLKThackertoLavonSchoolBoardinterlocal.eng 05/15/2012
28 Commission Meeting - May 15, 2012 Page 28 of F PUBLIC WORKS AND ENGINEERING ADMINISTRATIVE AND SANITATION DIVISIONS REORGANIZATION Approval to reorganize the Public Works and Engineering s Administrative and Sanitation Division's to address our current needs and improve efficiency in three of our major Enterprise Funds. In an effort to more efficiently manage the three (3) large Enterprise Funds within the Public Works and Engineering Department (Stormwater Utility, Sanitation/Weld Shop and Gas Tax) reorganization is necessary. The Department Director has been working with the City Manager, Personnel Director and budget committee for a number of months to accomplish this task. The new curbside recycling program in Sanitation has created the need for a much more involved public education program. To address those needs we propose changing the existing vacant Public Education Coordinator position into an Assistant to the Director position. This person would not only oversee the new recycling outreach and future rewards programs but also assist with the required public education within the Stormwater Utility to ensure we meet our NPDES permit requirements. This person would also oversee the Department s work on APWA National Accreditation along with promoting/coordinating our events and other associated Department wide tasks. As a part of this reorganization, we are also proposing to add a new Financial Analyst position. This position would help manage the financial side of our Enterprise funds which now exceeds $15 million per year. The analyst would oversee the tracking of all revenues; conduct and review required annual public notices; calculate and verify CPIfuel updates; monitor the recycling program costs and the commercial solid waste franchise agreement; assist with budget input and tracking; handle Stormwater Utility fee collections; along with various other financial duties as needed. It is proposed that 40% of these positions would be paid by each of the Stormwater and Sanitation funds with 20% from Gas Tax. The Public Education Coordinator position is currently fully funded by the Stormwater Utility. The savings from that position will virtually offset the added cost of the new Financial Analyst position in that Fund. The Sanitation Division is also requesting to reclassify the currently vacant position of Sanitation Foreman into a Franchise Coordinator. This position, which was cut from the budget a few years ago, will oversee the commercial solid waste franchise agreement collection; all commercial accounts and recycling; solid waste programs and would work closely with the Assistant to the Director and Financial Analyst on these and other new services planned and or provided by the Sanitation Division.
29 Commission Meeting - May 15, 2012 Page 29 of 38 Lastly, the Sanitation Division is requesting a new Sanitation Service Technician. This position would oversee maintenance and tracking of all City provided containers, ensure proper billing and inventory for customer accounts; assist in the development of route maps and house counts; maintain the inventory of supplies and order new stock as needed. It would also provide us with another relief equipment operator to help offset the position cut in last year s budget. This position will replace the current cart maintenance program outsourced to Rehrig-Pacific and currently funded in the Sanitation Division s operating budget. The current program has performed well but Division staff feels that the Sanitation Service Technician will better serve the needs of our customers and the City of Kissimmee. The Stormwater and Sanitation funds are in excellent financial condition and with the addition of a Financial Analyst we expect to recoup the cost of the position with additional revenues. Savings realized through reduced landfill costs as the recycling program continues to grow will cover the proposed additional cost to the Sanitation Division. The following is a synopsis of the re-organization proposed: POSITION CURRENT PROPOSED CHANGE Stormwater Assistant to the Director 40% Financial Analyst 40% $33,229 $16,156 ($17,073) n/a $17,812 $17,812 Fund Impact: $739 Sanitation Assistant to the Director 40% n/a $16,156 $16,156 Franchise Coordinator $33,229 $34,891 $1,662 Sanitation Service Technician Financial Analyst 40% $38,400 $30,077 n/a $17,812 ($8,323) $17,812 Fund Impact: $27,307 Gas Tax Assistant to the n/a $8,098 $8,098
30 Commission Meeting - May 15, 2012 Page 30 of 38 Director 20% Financial Analyst n/a 20% $8,906 $8,906 Fund Impact: $17,004 Net Increase in all funds $45,050 By completing this reorganization there will be no additional cost to the General Fund and marginal increases to the Stormwater Fund. The Gas Tax fund has reserves to cover this increase while upcoming retirements will provide additional funds via reduced salary requirements of their replacements. The Sanitation Division will save over $100,000 in tipping fees due to Recycling, which will easily cover the added expenses to this Fund. As noted there are a number of current needs this reorganization will address and the potential for additional revenues/cost savings given that there would be dedicated oversight of the funds to maximize their potential. If approved, the Department will work with the Finance and Personnel Departments to reclassify the positions and adjust the salaries of the impacted positions. Approval of the proposed Public Works and Engineering Administration and Sanitation Division s reorganization and to adjust the budget accordingly. IC2PWAdminSanitReorg.pw 05/15/2012
31 Commission Meeting - May 15, 2012 Page 31 of G APPROVAL TO CONTRACT WITH TSI DISASTER RECOVERY, LLC TO SCREEN STOCKPILED MATERIALS FOR PUBLIC WORKS AND ENGINEERING Approval to contract with TSI Disaster Recovery, LLC of Saint Cloud, Florida to screen stockpiled materials at a cost of $48,500. This is funded by the Transportation Impact Fund. The Public Works and Engineering Department generates large quantities of surplus stockpiles as a regular part of its maintenance routine. Stockpiled materials mostly consist of ditch and pond spoils. Other materials include sediment removed from storm drains, street sweepings, and any other excavated material resulting from repairs and maintenance. The stockpiles, after being screened of any trash and debris, can be recycled and used as clean fill for other projects. Recent examples include using the screened fill to stabilize a portion of the Kissimmee Bike & Pedestrian Trail and to supply fill for the Lakefront Park project. Other uses include clean fill for slope repairs and other right-ofway improvements, during pipe repairs and other site work. This screening not only provides a source of clean fill, it also greatly reduces landfill charges and the time and expense of hauling spoils for disposal. TSI has performed screening operations for Public Works on several occasions. Their most recent work was just completed for Kissimmee s Lakefront Park project and they have offered to extend their agreement and unit bid cost without a mobilization fee as the screening equipment is currently still in the area at our Airport. The Public Works current stockyard piles must be relocated as a part of the construction of Martin Luther King Boulevard, Phase III project. The road construction when bid will require fill material. These existing materials will have to be relocated as a part of the road construction anyway and recycling them now will benefit the road construction by reducing the relocation costs, fill purchase requirements and hauling time. Transportation Impact Funds are available as follows: Project TI1201 Amount Account Number Martin Luther King Phase 3: $48, Staff recommends approval to contract with TSI Disaster Recovery, LLC for screening services for a maximum total cost of $48,500. IC2ScreenStockpiles.stw.doc 05/15/2012
32 Commission Meeting - May 15, 2012 Page 32 of H AUTHORIZATION TO USE THE STATE LAW ENFORCEMENT TRUST FUNDS TO PURCHASE ITEMS FOR A CRIME REDUCTION AWARENESS CAMPAIGN The Police Department is requesting Commission authorization to utilize funds from the State Law Enforcement Trust Fund for a Crime Reduction Awareness Campaign. This project will be funded by the State Law Enforcement Trust Fund in the amount of $25,300. The Police Department would like to implement a City Wide Crime Reduction Awareness Campaign to educate the citizens in our community on how not to become a victim of a crime. Our crime statistics for last year show approximately a 5% increase in crime. The major increase is in burglary to vehicles and residences. Police Department records reflect that 58% of the vehicle burglaries can be attributed to victims leaving their vehicles unlocked with valuable items in plain view. Our campaign will involve the Community Relations Squad and the department s Media Relations Office working with residents and businesses to educate them on what they can do to make their property and neighborhoods safer and less enticing to criminals. The Community Relations Squad will seek to speak at civic groups, churches, businesses, neighborhood watches and homeowner s associations to communicate recommendations. The Community Relations Squad is in need of replacement bike uniforms and new hitches to transport their bikes. The Police Department has also begun the process of bringing the Crime-Free Multi- Housing Program to our apartment, condo, and townhouse communities. This program will require that the residents who live in these communities and commit crimes are removed from the multi-housing community. Once a resident has been evicted from one Crime-Free Multi-Housing property they will not be permitted to move into another Crime-Free Multi-Housing property. The ultimate goal of this program is to remove the criminal element from the City of Kissimmee. The Department has developed a Citizens Handbook for distribution to our residents. The handbook contains information on the Police Department, crime prevention tips and many other topics that would assist residents in making their community a safer place to live. This handbook would be an excellent tool for civilian academies, civic presentations, neighborhood watches, homeowner s associations and leadership classes. The expenditures for this Campaign include equipment and resources for the Community Relations Squad and the Media Relations Office, printed Citizen Handbooks, and specialized brochures. The following items will be purchased with the requested funds:
33 Commission Meeting - May 15, 2012 Page 33 of 38 $ 7,500 5,000 Citizens Handbooks $ 2,000 Crime-Free Multi-Housing Software, 4 Year subscription $ 2,500 Crime-Free Multi-Free Housing signs $ 1,500 Laptop Computer, Projector and Screen $ 2,400 Desktop computers with monitors $ 1,600 Portable PA system $ 1,000 6 Hitches for bike racks $ 4,800 Bike Uniforms and Jackets $ 2,000 Crime Reduction Awareness printed materials The Police Department is requesting authorization to use the State Law Enforcement Trust Funds to purchase these items at a total cost of $25,300. The State Law Enforcement Trust Fund has a balance of $108,790. The Police Department is requesting approval to transfer $25,300 from the Operating Cost Reserve account ( ) to various accounts in the State Law Enforcement Trust Fund as listed below for the purpose of purchasing these items $ 3, $ 2, $ 4, $ 7, $ 2, $ 2, $ 3,400 It is recommended that the City Commission grant authorization to use the State Law Enforcement Trust Funds for the requested items and activities. IC2UseOfFundsCrimeReductionCampaign.pol 05/15/12
34 Commission Meeting - May 15, 2012 Page 34 of A MID-YEAR STATUS REPORT ON DEPARTMENTAL GOALS FY This is a request for the Commission to review and comment on the progress each department is making on goals established for this fiscal year. Attached is a report from each department on the status of work being pursued on the goals and objectives that the City Commission approved for this fiscal year. A representative from each department will be available at the Commission meeting to answer any questions you may have. Information only, no action needed. IC2Midyearstatus.cm 05/15/2012
35 Commission Meeting - May 15, 2012 Page 35 of B APPROVAL OF THE NOMINEE FOR APPOINTMENT TO THE KUA BOARD OF DIRECTORS The request is for the City Commission to approve the appointment of Reginald Hardy to the KUA Board of Directors. The Commission is requested to reappoint Reginald Hardee to the KUA Board of Directors. The City Charter requires that nominations to the KUA Board be made by the KUA Board of Directors and presented to the City Commission for approval. At the KUA Board meeting on May 9 th 2012 the KUA Board voted unanimously to reappoint Reginald Hardee. The appointee s term would begin October 1, 2012 and expire on September 30, Staff recommends approval of Reginald Hardee s reappointment to the KUA Board of Directors. IC2KUAboardApptMay.cm 05/15/12
36 Commission Meeting - May 15, 2012 Page 36 of C REQUEST TO CONSIDER ESTABLISHMENT OF A SISTER CITY RELATIONSHIP WITH AGUADILLA, PUERTO RICO This is a request for the Commission to review and give direction regarding the pursuit and implementation of a "Sister City" relationship with the City of Aguadilla, Puerto Rico. On May 1, 2012 Commissioner Arturo Otero informed the City Commission of a recent trip to Aguadilla, Puerto Rico. Although the trip was personal in nature, Commissioner Otero did take the time speak with the Mayor of Aguadilla, Mr. Carlos Mendez Martinez. Commissioner Otero and Mayor Martinez discussed the idea of entering into a mutually beneficial, Sister City, relationship regarding the exchange of information between the two cities. The two cities are similar population and could benefit from each other in future economic development endeavors. The City of Kissimmee has pursued similar Sister City relationships in the past. These relationships have involved face to face visits and the exchange of information and ideas; as well as helped formalize international advertising opportunities for tourism and local products in both locations. In the past the City has enlisted the help of Sister Cities International, a nonprofit citizen diplomacy network, established for the purpose of creating and strengthening partnerships among international communities. City staff believes that due to the cost of formalizing the relationship via Sister Cities international and the availability of technology to facilitate communication between the two cities we should pursue this relationship informally. The City has pursued similar relationships through the passing of a resolution in the past with the City of Santa Maria, Peru. A resolution may be drafted inviting the City of Aguadilla, PR to become a Sister City to be signed by our Mayor and ratified by Mayor Martinez and his council. Moving forward our staff can prepare materials and provide contact information to the City of Aguadilla outlining our services. As the relationship grows the cities counterparts may contact each other to exchange ideas and work together as needed. The City Commission may also have expectations for the relationship which can be voiced as needed. A draft resolution is attached. Staff requests Commission direction on whether to pursue formalization of this sister city relationship. IC2Aguadilla.sistercity.cm 05/15/2012
37 Commission Meeting - May 15, 2012 Page 37 of D ADVISORY BOARD VACANCIES ON THE BOARD OF ADJUSTMENT, HISTORIC PRESERVATION, AND HOUSING ADVISORY BOARDS the Commission make appointments to fill the vacancies on the Housing Advisory Board, Historic Preservation Board, and the Board of Adjustment. The vacancy on the Board of Adjustment is due to the resignation of Bernardo "Ben" Robles and Housing Advisory Board is due to the resignation of Olga Serraty. The one remaining appointment from the terms that expire on May 31, 2012 is for the Historic Preservation Board. There is a vacancy on the Housing Advisory Board due to the resignation of Olga Serraty. This appointment has been assigned in rotation to Seat # 4 and will expire on May 15, Currently, there are two members of this board who are non-residents so the appointment to this board must be a City resident. The second vacancy is due to the resignation of Bernardo Ben Robles, Jr. from the Board of Adjustment; this appointment is assigned to Seat #1. The Board of Adjustment does not have residency requirements but non-residents must either own real property or maintain a business office within the City. The third and final appointment that is needed is for the Historic Preservation Board due to Kelly Trace moving out of the City limits and being ineligible for reappointment. The term on the board for this appointment will expire on May 31, 2015; this is the last of the Annual Appointments to be made. A complete list of the annual appointments by Commission Seat has been attached. Copies of eligible advisory board applications for 2008, 2009, 2010, 2011, and 2012 are in the Commission office along with the individual advisory board lists. When reviewing the individual board listings, please note that requirements for all boards are different. All current members will continue to serve until they are either reappointed or replaced. We have a total of three (3) vacancies with one (1) of the three that can be either resident or non-resident appointment. Please note that appointments must follow these guidelines: Board of Adjustment: one (1) appointment that can be resident or non-resident. Non-residents must either own real property or maintain a business within the City. At least two members of the board should hold a valid Florida License as an Architect, Surveyor, Engineer, or General Contractor. Historic Preservation Board: one (1) resident position is available with the requirement, whenever possible, of one Professional Architect, Landscape Architect, Planner, or Structural Engineer or one Historian, Folklorist, Curator, Archaeologist, or related disciplines or one Professional Realtor, Broker, or
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