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HomeMy WebLinkAbout2018 12 10 City Commission Regular Meeting MinutesREGULAR MEETING MONDAV, DECEMBER 10, 2018 - 5:15 P.M. Mayor Charles Lacey Deputy Mayor Kevin Cannon - Seat Two Commissioner Jean Hovey - Seat One Commissioner Ted Johnson - Seat Three Commissioner TiAnna Hale - Seat Four Commissioner Geoff Kendrick - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2018 PAGE 2 OF 25 The Regular Meeting of Monday, December 10, 2018 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Kevin Cannon, present Commissioner Jean Hovey, present Commissioner Ted Johnson, present Commissioner TiAnna Hale, present Commissioner Geoff Kendrick, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo-Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. Regarding the Agenda, Mayor Lacey asked the City Commission, "is there any objection to adopting the Agenda?" With no objections voiced, Mayor Lacey noted, "No objections, it stands Adopted." AWARDS AND PRESENTATIONS 100. Oviedo - Winter Springs Regional Chamber of Commerce REQUEST: The Oviedo -Winter Springs Regional Chamber of Commerce Request the Mayor and City Commission Receive A Presentation of the Winter Springs Festival of the Arts 2018 Poster. Ms. Bridget Lake, PresidentICE0, Oviedo -Winter Springs Regional Chamber qfConitnerce, 376 North Central Avenue, Oviedo, Florida: addressed the City Commission, thanked the City for their support of the 2018 OCTOBERFEST, and spoke of attendance, art categories, and a new scholarship program. Ms. Paige Grasso, Director of Sponsorships & Events, Oviedo -Winter Springs Regional Chamber of Counnerce, 376 North Central Avenue, Oviedo, Florida: also thanked the City and those who attended this event, and mentioned participation by children. The 2018 OCTOBERFEST poster was then presented to the City of Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- DECEMBER 10, 2018 PAGE 3 OF 25 INFORMATIONAL 200. Community Development Department REQUEST: The Community Development Department is advising the City Commission of the status of current development projects within the City. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission receive and review the information provided. This Agenda Item was not discussed. INFORMATIONAL 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to provide the City Commission with our 2019 Community Events Calendar. FISCAL IMPACT: Funds are budgeted in FY19 line code 72-7400-510140 for Public Safety costs. Event costs are budgeted in program promotional accounts and sponsorships/donations/vendor fees are collected to cover these costs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2018 PAGE 4 OF 25 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 typ ed ped 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 Association s/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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. Mayor Lacey opened "Public Input ". No one spoke. Mayor Lacey closed "Public Input ". CONSENT 300. Community Development Department REQUEST: The Community Development Department requesting the City Commission validate the Staff recommendation finding the Starbucks sitework to be built in substantial accordance with the Final Engineering plans, subject to the standard land development checklist. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. CITY 01"WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- DECEMBER 10, 2018 PAGE 5 OF 25 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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always wilting to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission validate the Staff recommendation finding the Starbucks sitework to be built in substantial accordance with the Final Engineering plans, subject to Staff review and approval of any open items on the standard land development checklist. No discussioii. CONSENT 301. Community Development Department REQUEST: The Community Development Department requesting City Commission approval of a Cross Seminole Trail Use Agreement with Seminole County for use of an existing unimproved City right-of-way for construction and maintenance of the Cross Seminole Trail between SR 419 and Old Sanford -Oviedo Road. FISCAL IMPACT: The Trail Use Agreement has no direct fiscal impact. The completion of the Cross Seminole Trail in Winter Springs provides a long-term recreational and economic enhancement. 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 six (6) 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 - DECEMBER 10, 2018 PAGE 6 OF 25 RECOMMENDATION: Staff recommends the City Commission approve a Cross Seminole Trail Use Agreement with Seminole County for use of an existing unimproved City right-of-way for construction and maintenance of the Cross Seminole Trail between SR 419 and Old Sanford -Oviedo Road, and authorize the City Attorney and City Manager to prepare and execute any and all applicable documents. This Agenda Itein was not discussed. CONSENT 302. Community Development Department REQUEST: The Community Development Department requesting City Commission approval to award a construction contract to Atlantic Civil Constructors in the amount of $613,658.38, plus a 10% contingency, for the construction of the Town Center Parking and Infrastructure Improvements Project, ITB #06-18-BS. FISCAL IMPACT: The construction project cost is $613,658.38 plus a 10% contingency for a total construction authorization of $675,024.22. The project is funded by the Infrastructure Surtax Fund (One Cent Sales Tax). 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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission authorize entering into an agreement with Atlantic Civil Constructors Corporation for construction of the Town Center Parking and Infrastructure Improvements Project, ITB #06-18-BS, in the amount of $613,658.38 plus a 10% contingency, and authorize the City Manager and the City Attorney to prepare and execute any and all applicable documents. No discussion. CITY OFWINIER SPRINGS, FLORIDA MINUTES CITY COMMISSION RFGULAR MEETING DFIVFMBER 10, 2018 PAGE 7 OF 25 CONSENT 303. Utility Department REQUEST: The Utility Department requesting City Commission approval to award a contract to Precon Corporation in the amount of $84,000.00 plus a 20% contingency to make repairs to the 1.0 million gallon (MG) ground storage tank at Water Treatment Plant #1 located on 851 Northern Way. FISCAL IMPACT: Funding is appropriated in the Utility Enterprise Fund Construction in Progress (CIP) line code for ground storage tank repairs at Water Treatment Plant #1 in FV2019. The amount requested for the repairs ($84,000.00 plus 20% contingency) will be paid from this 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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission authorize Precon Corporation to perform the ground storage tank repairs at Water Treatment Plant #1 for $84,000.00 plus a 20% contingency, 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 304. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, November 19, 2018 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - I)E('V7mBFR 10, 2018 PAGE 8 Of'25 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 Association s/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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission review and consider offering their Approval of the Monday, November 19, 2018 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. VOTE: COMMISSIONERJOHNSON: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR CANNON: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER HALE: AYE MOTION CARRIED. PUBLIC HEARINGS 400. Office of the City Manager REQUEST: At the request of the City Commission, the City Attorney and City Manager recommend that the City Commission consider, at its discretion, passing proposed Ordinance No. 2018-08 on First Reading amending the start time for regular City Commission meetings to 6:30 p.m. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Ordinance other than staff and attorney time to prepare the Ordinance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- DECEMBER 10, 2018 PAGE 9 OF 25 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 rile 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 six (6) 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 consider, at its discretion, passing proposed Ordinance No. 2018-08 on First Reading amending the start time for regular City Commission meetings to 6:30 p.m. Mayor Lacey asked for a Motion to read Ordinance 2018-08 by "Title" only. "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KENDRICK. DISCUSSION. City Attorney Anthony A. Garganese read Ordinance 2018-08 by "Title" only. Allayor Lacey opened "Public Input " on this Agenda Item No one spoke. Mayor Lacey closed "Public Input - on /his, Agenda. Itein. VOTE: DEPUTY MAYOR CANNON: AYE COMMISSIONER HALE: AYE COMMISSIONER HOVEY: NAY COMMISSIONER JOHNSON: AYE COMMISSIONER KENDRICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2018 PAGE 10 OF 25 Mayor Lacey pointed out that this was the "First Reading of the Ordinance. It will come back for Second Reading at the first meeting in January and then once that is approved, the meeting start time will change; so the next meeting in January will still start at the time of 5:15 [p.m.]." PUBLIC HEARINGS 401. Community Development Department REQUEST: The Community Development Department requests the City Commission hold a Public Hearing to consider a special exception application to permit a multifamily residential apartment use for the proposed "Iriye Suites" live -work community, located in the T5 Transect of the Town Center on a 1.2-acre property at 150 Tuskawilla Road. FISCAL IMPACT: If the special exception is approved, and the project is developed as a mixed use live -work community, then the project will provide an increase to the City's taxable value. The potential tax revenue of the proposed project is still to be determined; however, the project at completion is estimated by the applicant's fiscal analysis to have an assessed taxable value of $1.3 million. 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 Association s/Representatives on rile 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 six (6) 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 hold a Public Hearing and consider the requested special exception to allow multifamily residential use in the T5 Transect of the Town Center. If the Commission is inclined to approve the special exception, Staff recommends the special exception be limited to 15 apartment units in the live -work community format as represented in the application, and that this condition be documented in a Developer's Agreement. Mr. Brian Fields, P.E., Director, Community Development Department gave an overview of this Agenda Item. Mr, Paul Par0a, 404 Park Lake Drive, Winter Springs, Florida: introduced himself to the City Commission. Mr. John friye, 150 Tuskaivilla Road, Winter Springs, Florida: also introduced himself. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- DECEMBER 10, 2018 PAGE I I OF 25 Mr. Partyka spoke of the Town Center Code, the overall plan for this project, and referenced some of the renderings that were part of this Agenda Item. Mr. Iriye pointed out, "The Master Plan for the Town Center was partially borrowed from the Baldwin Park live -work concept and one of the things that was learned out of that project, was that there's a central tendency in these live -work neighborhoods, these new urban downtowns, for reversion to residential use. So, at various points through the development cycle, there are going to be times when the commercial uses are going to far outnumber the residential uses and there are going to be other times when residential uses are going to be larger; and so, the whole concept, and it's written into the Code, it says, the design is flexible and versatile. And that's what we've done here with these live -work units, so that each of these suites can be separately used as a residence, and because we had them designed where there is a separate entrance into a private office in there, it can be used as a professional office suite with a back office support section, - without having to modify the layout or design. So, that makes it completely flexible on the suites. Now, on one of the sides, we have a downstairs where there's a large conference room as well as individual office spaces so people can have their businesses. They may be operating them, they may not need a conference room full-time, and that's sort of the design here. Separate individual offices - there are going to be some that are going to be always available for the hourly usage and alternatively, people can come in and do monthly rent for the individual offices." Referencing the Town Center concept, Mr. Partyka stated, "What better way to start with a couple of nice buildings, two (2) stories, and maybe five (5) years from now, ten (10), fifteen (15) years from now when the business warrants it, so maybe it might be a five (5) story if it's successful, which hopefully it will be. So, at this point of time with the things that we've said, it's supposed to be from an intensity standpoint, it could be substantially bigger, larger, but at this point in time, all we're doing is two (2) stories, two (2) buildings, 20,000 feet," Remarks followed. Mr. Partyka continued, "In terrns of intensity of use, minimal intensity at this point in time, and its consistent and compatible with the surrounding properties and most importantly, it fits the Town Center concept to a 't'." Deputy Mayor Kevin Cannon referenced comments by Mr. Iriye regarding -flexible and versatile", and inquired, "Would that include that the office space would suddenly or could suddenly become residential?" Mr. Iriye responded, "I don't see how that would work, I would have to make substantial modifications. There's no kitchens or anything like that in the office suite area. I mean I'd have to do a major..." Deputy Mayor Cannon noted, "...There was discussion on reversion to residential." Mr. Iriye said, "In the office suites, I mean I can't see how - it's not built out at all to do that. What I was talking about was the individual apartment suites; those over time are likely to become all commercial units and so those may go back and forth, just because they're designed so that they can be flexible, but the individual offices on the other side, there's no practical way to do that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2018 PAGE 12 OF 25 Furthermore, Deputy Mayor Cannon referenced Mr. Partyka's comment about a five (5) story complex, to which Mr. Partyka stated, "I said potentially, depending on how the business is, five (5), ten (10), fifteen (15) years from now. Who knows, we may come back, whoever that person may be and say, .everybody is happy the way things are going, it's successful, this may be another way of providing a little bit more intensity or density, but that won't even be an issue because you have to go through the whole process again and won't even be a play until some future time, if any." Deputy Mayor Cannon then inquired about a Development Agreement to accompany the Special Exception. Mr. Fields remarked, "Staffs recommendation is that if the Commission were so inclined to approve this and perhaps with any conditions is that it's subject to memorializing that in a Developer's Agreement." Commissioner Geoff Kendrick asked about parking and inquired. "is it going to be all built out concurrent with what you are proposing here'?" Mr. Partyka responded, "That's correct. It meets all the standards and we've already had a parking study done." Commissioner Kendrick then mentioned negotiations related to the cross easement. Mr. Fields stated, "Staff has not contacted the owner and specifically asked about that." Remarks continued on the number of units planned for this project and parking Commissioner Ted Johnson mentioned Avalon Park, and asked if there were any proposed tenants for this project. Discussion followed on this concept, residents driving demand, and the master lease for Publix, to which Mr. Iriye said that Publix does not control his property. Mr. Partyka added, "We have no one giving any options to have a say on this property at this point in time." Special Exceptions and a Development Agreement were further addressed. Mr. Iriye then stated, "I was not asked to negotiate a Developer's Agreement. If they had asked me, I would have done that." Discussion followed on this proposed prOJect, Zoning, how many apartment units were currently in the works in the City, school capacity, and apartments in the Central Florida area. Regarding the Special Exception, Commissioner Jean Hovey asked Attorney Garganese, "Is there any reason with a Motion why we couldn't include that the Special Exception only pertains to the landowner now; that if it doesn't go through and it is sold, that it wouldn't travel to the next owner. - With further comments, Attorney Garganese suggested, -For example, if the Applicant in this case - the condition is to have a Development Agreement, then certainly you can impose a condition oil a preliminary approval that requires the Applicant to negotiate the ten-ns and conditions of a Development Agreement to be subsequently approved by the Commission." Attorney Garganese added, **In this case, the Special Exception is for multi -family - if you want to tie it to this specific project, then a condition needs to be imposed on that approval. Historically, those types of conditions have been imposed by the City Commission by Development Agreement. At the very least, that condition would need to be artfully presented in a Motion approved by the Commission." CITY' OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- DECEMBER 10, 2018 PAGE 13 OF 25 Comments followed on school capacity levels, traffic, area apartment units, school enrollment, and Development Agreements. Commissioner TiAnna Hale mentioned residents she had spoken to who were against apartments, that our Comprehensive Plan needs to be reviewed thus suggested this matter be Tabled for a while and thought a Visioning Workshop would be helpful. Commissioner Hale then asked to see something in writing about other access being available for this project, should Tuskawilla Road and Blumberg Boulevard be closed down. Next, Commissioner Johnson said he thought retail space would be more important in this location, and agreed with the recent comments about a review of the Comprehensive Plan as well as the Town Center District Code. I Mayor Lacey opened "Public Input" on this Agenda Item. Mr. James Evans, 217 Almaden Court, Winter Springs, Florida.- briefly said he would reserve his comments. Ms. Bobbie Demme -San Filippo, 108 1,`ie3v Point Place, Winter Springs, Florida: thought the City Commission should not rush to make any exceptions, that a lot is currently in the works, and mentioned traffic and that she and her neighbors did not think this matter should be decided in haste, Ms. Brenda Lambie, 728 Glen Eagle Drive, Winter Springs, Florida: said she was a Teacher working in a school portable, suggested a Town Hall be held regarding traffic, and thought the Winter Springs Town Center should have any vacant spaces filled first. Ms. Marie Cashion, 1529 IVoodsglen Drive, Winter Springs, Florida: asked where a similar office suites project had been built in the area, asked whether this proposed project would fill up, and did not think this proposed project should be rushed. Ms. Margaret Monique Paroline, 1688 Eagle Nest Circle, 1,Vinter Springs, Florida: commented on how she has lived in the City of Winter Springs for many years, and although she likes Winter Park for a day, she prefers living in Winter Springs, Ms. Lynette Swigart, 122 Avery Lake Drive, Winter Springs, Florida: noted that she has not been happy with past decisions, thought too many trees had been taken down with past projects and the Trail had changed, did not think the size of this project would become an issue, and liked the small town atmosphere of Winter Springs. Mr. John Ilardy, 1412 Winter Wharf Lane, Winter Springs, Florida: spoke of other housing projects that were in process, thought the City Commission should take their time to make a decision on this project, and did not think many homes had sold in the new Tuskawilla Crossings development thus far. Mr. Ralph Waterhouse, 314 Balfour Drive, Winter Springs, Florida.- agreed with others especially regarding the Trail, and spoke of the process to which he hoped it would be followed. Mal -For Lacey closed "Public Input" on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2018 PAGE 14 OF25 MOTION"I MAKE A POSTPONE 1 1 i APPLICANTUNTIL THE r ,: INCLUDE THE REASONABLE ADDITIONAL CONDITIONS, 1 1 LIMITATIONS FOR THIS SPECIFIC PROJECT TO BE MEMORIALIZED IN A DEVELOPER'S AGREEMENT, AND THAT ONCE STAFF HAS COMPLETED THAT WITH THE APPLICANT 1 I' HIS WILLINGNESS TO DO SO, BRING THIS BACK FOR CONSIDERATION,OF BOTHa i. r; VVE*EVELOPMENT a ar, CI 1.abiw"111,05m, IH V 1110WEVIM F.T14 V1 • i 1' '' ' 1 i r ' ,,i►' 1 i 1; 1 'i, WR ai ATTORNEY GARGANESE POINTED OUT THAT THERE NO ADVERTISEMENT REQUIREMENT. VOTE: COMMISSIONERr' ' DEPUTY MAYORCANNON: COMMISSIONER COMMISSIONERHOVEY: NAY COMMISSIONER JOHNSON: AYE MOTION ' ' 1 Mayor Lacey remarked, "I assume the Applicant understands what has transpired, work with Community Development Department in coming up with that and we would request it as soon as you can make it happen." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2018 PAGE 15 OF 25 1,111, �111 1' � REGULAR 500. Community Development Department REQUEST: The Community Development Department is requesting that the City Commission make appointments to the seven member 2019 Districting Commission, pursuant to Section 4.02 of the Charter of the City of Winter Springs. FISCAL IMPACT: This agenda item is for making appointments to the 2019 Winter Springs Districting Commission and it has no fiscal impact. LIN 103122 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 six (6) 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. I t4KC100 1000111m111frol Staff recommends the City Commission appoint the seven member Districting Commission, as set forth in the provisions of Section 4.02 of the City Charter. Mayor Lacey offered introductory comments on this Agenda Item, 11 11 1 1 1 16, 1 1 , 1i byad , 11 # ! 11 11 1 1 116 1 1 VOTE: COMMISSIONER HALE: AYE COMMISSIONER JOHNSON: AYE COMMISSIONER KENDRICK: AYE DEPUTY MAYOR CANNON: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED Brief comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- DECEMBER 10, 2018 PAGE 16 OF 25 I SM Lei LVA VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER JOHNSON: AYE COMMISSIONER HALE: AYE DEPUTY MAYOR CANNON: AYE MOTION CARRIED. REGULAR 501. Office of the City Manager REQUEST: At the previous request of the City Commission, the City Attorney and City Manager recommend that the City Commission consider one specific provision of the City Commission Rules and Procedures which is codified in Section 2-27 (m)(2), City Code, and provide whatever direction the City Commission deems appropriate. FISCAL IMPACT: There is no direct 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 six (6) 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 consider the subject matter presented in this Agenda Item and provide whatever direction the City Commission deems appropriate. Deputy Mayor Cannon began the discussion on this Agenda item. Remarks followed that Elected Officials should have the ability to have something added to a City Commission Agenda for discussion, checks and balances, the Sunshine Law, and listening to constituents. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-- DECEMBER 10, 2018 PAGE 17 OF 25 "THE MOTION WILL BE TO AMEND See. 2-27. rTO INSERTAFTER THE FIRST ELECTEDSENTENCE, 'ANY ONE OFFICIAL OF THE CITY SHALL HAVE THE RIGHT TO HAVE A MATTER PLACED ON THE REGULAR AGENDA OF A COMMISSION MEETING FOR TIMELY CONSIDERATION r O AND THE SECOND HALF OF THAT MOTION WILL BE r AMEND 2-27. (m)(2), TO STRIKE THE LANGUAGE FOLLOWINGdiscretion majorityr on a subsequentcommission r r MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER JOHNSON. VOTE: COMMISSIONER JOHNSON: AYE COMMISSIONER1' DEPUTY COMMISSIONER MOTIONCOMMISSIONER HALE: AYE 1 Mayor Lacey noted that an Ordinance would be presented at the January 14"', 2019 City Commission meeting. REPORTS 600. Office of rAnthony, No Report. REPORTS 601. Office of the City Manager — Kevin L. Smith No Report was given. REPORTS 602. Office of the City Clerk — Andrea Lorenzo-Luaces, MMC No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2018 PACE 18 OF 25 REPORTS 603. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey offered kudos to Mr. Chris Caldwell, Director, Parks and Recreation Department for the great Christmas Parade. REPORTS 604. Office of Commissioner Seat One - The Honorable Jean Hovey Commissioner Hovey thanked Mr. Caldwell and City Staff who worked during the Holiday Parade weekend. Nest, Commissioner Hovey commented on the clock in the back of the Commission Chambers. Commissioner Hovey addressed Mr. Caldwell and asked if there could be a discussion on City Parks and related renovations at a future time, and noted this did not need to be done in January. REPORTS 605. Office of Deputy Mayor/Commissioner Seat Two - The Honorable Kevin Cannon Deputy Mayor Cannon also thought the Christmas Parade went well, and mentioned he liked the float. Secondly, Deputy Mayor Cannon commended the JROTC (Junior Reserve Officers' Training Corps) from Winter Springs High School on being in the Pearl Harbor Memorial Parade and thought they should be recognized when they return. Deputy Mayor Cannon mentioned the upcoming Scottish -Highland Games and suggested that a Proclamation in support of the event be issued. Mayor Lacey asked the City Clerk if she could pint a Proclamation together based on past versions. City Clerk Andrea Lorenzo-Luaces confirmed she would assist. "I WOULD LIKE TO MOVE TO DIRECT CITY STAFF TO WORK WITH THE CITY ATTORNEY TO PREPARE A MORATORIUM ORDINANCE ON THE CONSIDERATION APPROVAL OR AUTHORIZATION OF 1ITIONAL USES, SPECIAL EXCEPTIONS r WAIVERS UNDER CHAPTER 20 OF ! CODE MULTI[PLE]-FAMILYDWELLING, COMMERCIAL, GENERAL COMMERCIAL, 1 : [COMMERCIAL], r INDUSTRIAL, GREENEWAY INTERCHANGE,1 TOWN CENTER ZONING DISTRICTS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 10, 2018 PAGE 19 OF 25 i i, Jim ■. r IN ADDITION, ORDINANCE 1 BE PRESENTED TO THE COMMISSIONCITY i. CONSIDERATIONii POSSIBLE 1 WE NEEIP WORKSHOPS r 1, BY THE CITY MANAGER AS SOON AS REASONABLE PRACTICAL Ti PERMIT THE CITY COMMISSION'i 1 •' ADOPTING IMPROVEMENTS rECIAL ZONING PERMITREQUIREMENTS AND PROCEDURES. lair 1 i i i .. i r � .. i 1• 1 it • ' ..i 1 1 t • , : � i r r 1, . i r / , � � r i, . WITH FURTHER COMMENTS ON A MORATORIUM, ATTORNEY GARGANESE STATED, "FOR THIS PARTICULAR MATTER, YES, IT WOULD1 ORDINANCE, ADVERTISEMENTSTHE i BE OTHER ZONING �i ' / i 1 DEPUTY ar 1 r . r TO FINE TLJ1Ei' WE NEED TO REALLY CAREFULLYr CONSIDER AFTER WORKSHOPS / FURTHER GUIDANCE FROM i •CITY ATTORNEY,ARE APPROPRIATE, WHAT ARENOT .rri.r 1 THAT IS THE PURPOSE WORKSHOPS 1 THAT IS THE PURPOSE OF THIS MOTION, AND I DON'T DRAG THIS OUT O' AN EXTENDED PERIOD BECAUSE I DON'T I THINK AS I HAVE r r IT WOULD BE NO LATER THAN APRIL30TH 1 AFTERTHEN WORKSHOPS, ONLY i i NEEDSi BE r 1 WE COULD.BUT ;i 1° HOPE WE DON'T 1 TO AND WOULD HOPE WE COULD LOOK AT THIS CAREFULLY,BEFORE DEADLINE." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY r' a DISCUSSION. Mayor Lacey opened "Public Input " Mr. Paul Partyka, 404 Park Lake Drive, Winter Springs, Florida: thought Moratoriums close a city down for business and did not think such was necessary. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2018 PAGE 20 OF 25 Ads. Bobbie Dernnme-San Filippo, 108 View Point Place, Winter Springs, Florida: encouraged the City Commission to support this suggested Moratorium. Mr. dames Ei)ans, 217 Almaden Court, Winter Springs, Florida: agreed with what Mr. haul Partyka. said regarding a Moratorium, inquired as to what the goal was in terms of changing Zoning laws, and pointed out that he was in favor of Workshops. YEARSIN ADDITION, SINCE THE TOWN CENTER DISTRICT CODE WAS ADOPTED ALMOST TWENTY (20) SEPARATE REQUIREMENTS AND PROCEDURES FOR SOME OF THESE SPECIAL ZONING PERMITS THATARE rFROM THE REQUIREMENTS FOLLOW FOR OTHER CITY ZONING DISTRICTS. , ZONING,CENTER CODE IT REFERS TO SPECIAL EXCEPTIONS; IN THE OTHER AREAS OF ARE CALLED CONDITIONAL • : � r � f r r +: ' REQUIREMENTSDURING THE WORKSHOP, THE CITY COMMISSION SHOULD CONSIDER CONSOLIDATING THE TOWN CENTER REQUIREMENTS AND PROCEDURES FOR SPECIAL ZONING PERMITS WITH THE CITY SIMILAR TO GENERAL ZONING PERMIT i PROCEDURES; CONDITIONAL THROUGHOUT REST OF THE CITY AND WHAT WE CALL SPECIAL EXCEPTIONS WITHIN THE TOWN CENTER. CITY OF WINTER SPRING'S, FLORIDA MINUTES CFFY COMMISSION REGULAR MEETING — DECEMBER 10, 2018 PAGE 21 OF 25 VARIANCES ARE 1 i; BE A RELIEF TO PRVENT LEGAL HARDSHIPS IN RARE DO NOT BELIEVE IT IS NECESSARY is IMPOSE MORATORIUM rIANCE REQUESTS AND THAT THAT RELIEF VALVE SHOULD AVAILABLE.REMAIN . DURING REQUESTED WORKSHOP, i 1,, ALSO LIKE FOR THE CITY COMMISSIONTO CONSIDER IMPROVE ► r ANY OF THE VARIANCE REQUIREMENTS OR PROCEDURES r • ALTHOUGH DON'T WANT TO STOP THAT." Mayor Lacey closed "Public In])w " COMMISSIONER1 r BE FURTHER ADDRESSED FUTURE PERHAPS WORKSHOP r INFORMATION INCLUDING TO PARCELS WOULD BE INVOLVED, AND TO PROVIDE MORE DETAILS. VOTE: COMMISSIONER i COMMISSIONER COMMISSIONER JOHNSON: AYE DEPUTY MAYORCANNON: COMMISSIONER 1' MOTION 1> Concluding this platter, Attorney Garganese said, 1 will prepare an Ordinance and you all can take a look at it, at the next meeting." Deputy Mayor Cannon then spoke on a previous discussion on Arbor issues and mentioned loss of trees, tree canopy, clear -cutting with development, and the City's status as a "Tree City". i r c CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2018 PAVE 22 OF 25 NOW LET ME BE SPECIFICMOTION.i TO DIRECT TO WORK WITH THE CITY ATTORNEY PREPARE A Mi ., i t ORDINANCE AGAINST THE REMOVAL OR OF 1, WITH ANY NEW RESIDENTIAL . 1 `i OF rEE (3) LOTS OR GREATER, PROJECTS, AND COMMERCIAL,INDUSTRIAL, OR 1< PROJECTS UNTIL THE CITY'S EXISTING TREE ORDINANCE ., 1 r TO PROVIDE r; PROTECTIONS ORAT LEAST WORKSHOP TO EVALUATE CAN BETTER PROTECTIONS BE r 1 • i 1 1 1; . i•1 11 11 .i 11 iI i' r ►' r 1 i =i' � 1 i, i ►i, i i; i' ' 1i>M . .' 1► i[ 1 i t ►'► i i r THIS IS AN AREA OF i # FROM ONE SIDEOF AGREEMENT,TO THE OTHER, AND WE OWE IT TO THE RESIDENTS TO TAP THE BRAKES ON THE VERY LIMITED SCOPE AS I HAVE OUTLINED IN THE MOTION; AND TO WORKSHOP THIS, I WOULD SUGGEST IF STAFF IS IN THAT WE WORKSHOP BOTH ISSUES CONCURRENTLY i i' BECAUSE THEY 1i OVERLAP QUITE A BIT OBVIOUSLY, AND PROVIDE THE OPPORTUNITY FOR THE RESIDENTS TO COME IN 1 TO MOTION i i' CANNON. REPORTS 606. Office of Commissioner Seat Three — The Honorable Ted Johnson Commissioner Johnson applauded Mr. Caldwell regarding the weather for the Holiday Parade. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION RFG(..JLAR MEETING - DECEMBER 10, 2018 PAGE 23 OF 25 Next, Commissioner Johnson thought it had been some time since the Town Center concept had been addressed and thought this should be revisited. Commissioner Johnson mentioned sidewalks around the City and hoped there was a plan in place to inspect them. REPORTS 607. Office of Commissioner Seat Four — The Honorable TiAnna Hale Commissioner Hale agreed that the Christmas event and parade turned out great. Next, Commissioner Hale spoke of a recent tour she took of Water Plant I and noted what a super job City Staff does to keep residents safe. Commissioner Hale noted that she went to the Senior Center Holiday party which was very well attended by the community. Continuing with her Report, Commissioner Hale commented about the Winter Springs High School's JROTC (funim 1�csc.n,c Ofticcrs' Traiiuing ("oq)s) participation in the Pearl Harbor Memorial Parade and added that the local VFW (Veterans of Foreign. Wars of the United Slates) had raised ten thousand dollars ($ 10,000.00) to assist. Referencing a discussion on Zoning from a March 2018 City Commission Regular Meeting, Commissioner Hale suggested the City Commission might want to Table that matter. Commissioner Hale mentioned the Elizabeth Dole Foundations' "Hidden Heroes- program and passed out information on this to the City Commission. Commissioner Hale asked if the City would issue a Resolution in support of the City of Winter Springs becoming a "Hidden Heroes" city. "IT WOULD SAY THAT THE CITY OF WINTER SPRINGS HAS BECOME A 'HIDDEN HEROES' CITY IN SUPPORT OF MILTARY AND VETERAN CAREGIVERS AND I JUST THINK IT WOULD BE REALLY NICE FOR US AS A CITY TO EMBRACE OUR VETERANS' CAREGIVERS." MAYOR LACEY SUMMARIZED, "IS THAT A MOTI*N TO PASS THIS RESOLUTION SUBSTITUTING THE CITY OF WINTER SPRINGS FOR THE CITY." COMMISISONER HALE STATED, YES." MOTION BY COMMISSIONER HALE. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. A am CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2018 PAGE 24 OF 25 Mayor Lacey opened "Public Input ". Mr. Paid Paqyka, 404 Park Lake Drive, Winter Springs, Florida: noted that this was a good idea and thought that anything we could do to honor Veterans and their Caregivers should be done. Mayor Lacey closed "Public Input ". VOTE: COMMISSIONER KENDRICK: AYE COMMISSIONER JOHNSON: AYE COMMISSIONER HALE: AYE DEPUTY MAYOR CANNON: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED Resolution Number 2018-25 designating the City of Winter Springs as a "Hidden Heroes" city was approved; and Commissioner Hale offered her thanks to the Mayor and City Commission. REPORTS 608. Office of Commissioner Seat Five - The Honorable Geoff Kendrick Commissioner Kendrick thanked Mr. Caldwell on the recent Holiday Parade and mentioned that he liked the float idea. Next, Commissioner Kendrick asked for the Commission's support to have biographies of each of the Elected Officials on the City's website. Commissioner Kendrick referenced Commissioner Johnson's comments on City sidewalks and any potential sidewalk problems or any other issues and said that when Commissioners let the City Manager know about any problems, such issues will get taken care of Continuing his Report, Commissioner Kendrick thanked Mr. Bart Phillips and his wife for the property they gave which will provide a connection to the Trail. Lastly, Commissioner Kendrick mentioned his involvement through the Florida League of Cities regarding "Airbrib" businesses, that this is an issue for local governments, how helpful it would be if they could lobby Legislators, and Commissioner Kendrick would appreciate everyone's support on this. Further remarks ensued on the Florida Legislature, preemptions, and vacation rentals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 10, 2018 PAGE 25 OF 25 [all." to 101-01-1 Mayor Lacey opened "Public Input". Mr. Michael Burns, 1095 Cheyenne Trail, Winter Springs, Florida: spoke of trees, food sources and travel patterns of bears, and wanted residents to be aware of bears and keeping children out of harm's way. Mr. Maurice Kaprow, Post Off ice Box 195233, Winter Springs, Florida: thanked those on the dais, and City Staff for the work they did over the year, and wished everyone Happy Holidays. Mayor Lacey closed "Public Input". ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 8:03 p.m. RESTFC] TULL Y SUBMITTED: AND T RENZO-LUACES, MMC CITY CL-ERK APPROVED: M H W—L El" - "A Y-E- Y NOTE: These Minutes were approved at the January 14, 2019 City Commission Regular Meeting.