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HomeMy WebLinkAbout2019 06 10 City Commission Regular Meeting MinutesThe Regular Meeting of Monday, June 10, 2019 of the City Commission was called to Order by Mayor Charles Lacey at 6:30 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 Interim City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo-Luaces, present A moment of silence was held. The Pledge of Allegiance followed. Mayor Lacey advised the City Commission that in terms of Awards and Presentations 100", the recipient who was to be in attendance this evening could not attend, therefore, Mayor Lacey requested that the Agenda is approved without Agenda Item 100"... Deputy Mayor Kevin Cannon stated, "..] agree..." Mayor Lacey continued, "is there any objectionY' Commissioner Geoff Kendrick commented, "No objection." Hearing no objections, Mayor Lacey noted, "Consider the Agenda adopted." 100. Presentation of Resolution 2019-10 to James • This *respl&j * 101. Recognition of the Winter Springs High School Softball Team, 2019 Stat Champions, undefeated at 31-0, with their Coach, Mark Huaman j The Winter Springs High School Softball Team was recognized in honor of their undefeated season and being named as 2019 State Champions. In acknowledgement of the team's incredible success, Mayor Lacey presented •a Proclamation to the team members: Kiersten Adams, Madison Adams, Celia Burgos, Destiny Colgate, Lindsay Corazzini, Brianna Driscoll, Aynslie Furbush, Kennedi Gaton, Megan Hagge, Breanna Layton, Mykala Layton, Cierra Montes, Kaley Mudge, Roneice Vharoah, Sky Pamos, Nicole Schricker, Taylor Thomas, and their Coach Mark Huaman. 200. Current Development Projects Update 201. Therapy Pool Salt -Water System Installation 202. Emergency Operation Center (EOC) Room Test Ms. Sheila Benton ' 474 Cedorwood Court, Winter Springs, Florida: spoke of transparency and said that many people did not know about the survey related to the Waste -Pro of Florida Agenda Item, and could not find where this Survey had been publicized. Additionally, Ms. Benton questioned that some of the numbers listed in that Agenda Item were • Mr. James Evans, 277AImaden Court, Winter Springs, Florida: commented about a Winter Springs resident and friend of his who recently passed away. Mr. Evans then read a poem his friend had written, recognized his friend and asked everyone to be nice and considerate to others, 171r. Andrew Zacharias, 222 Oak Road, Winter Springs, Florida.- said that he an -a others were against high density growth and the impact on traffic and schools, thought a hotel would thrive with an airport not too far away, spoke in favor of tree canopy, thought the City could implement an online survey to find out what residents wanted, mentioned some aspects that he liked in Winter Springs, and commended the City Manager for his assistance with an issue. Mr. Zacharias was advised that Regular Agenda Item "500" on this Agenda would address more about some planned visioning and a survey, Commissioner Jean Hovey asked that the City Clerk send Mr. Zacharias the applicable dates when the upcoming Visioning Sessions were planned. ***+ I& AGENDA • SOME • THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, HOWEVER, NOT NECESSARILY IN THE ORDER NOTED • 300. Surplus Assets 301. FY 2019 Mid -Year Budget Amendment Ms. Kelly Balagia, Director, Finance Department was asked to give a very brief overview of the Budget which she did. Deputy Mayor Cannon extended his thanks to Ms. Balagia, the City Manager and Staff for all their work with the Budget. Commissioner Kendrick briefly clarified aspects related to certain projects, calendar year, and fiscal year, 302. Summer Camp Donations Acceptance 303. Torcaso Park Basketball Courts I Commissioner Hovey asked about the status of the Parks Master Plan and mentioned that recently she and her grandchildren were at the Torcaso Park splash pads and asked if there was a plan to provide cover for the benches as it was very hot. Mr. Chris Caldwell, Director, Parks and Recreation Department stated, "The splash pad is currently being renovated," Mr. Caldwell added, "We are doing a resurfacing project, we're replacing all the benches and we are considering shade around each bench." Continuing, Mr. Caldwell then went over additional planned improvements for Torcaso Park for this year and next year. With further remarks, Mr. Caldwell noted, I will be glad to come before the Commission and give you a real update on the Parks, planning, and so forth, especially when they're done. 304. Minutes from the April 29,2019 City Commission Special Meeting There was no discussion on this Agenda Item. 305. Minutes from the Monday, May 6,2019 City Commission Workshop 306. Minutes from the Monday, May 13,2019 City Commission Regular Meeting i Mayor Lacey stated, "Looking for a Motion to Approve Consent Agenda." "SO MOVED." MOTION BY COMMISSIONER HOVEY. MAYOR LACEY NOTED, "SECONDED BY DEPUTY MAYOR CANNON." DISCUSSION. VOTE: COMMISSIONER JOHNSON: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR CANNON: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER HALE: AYE MOTION CARRIED, 400. Ocean Bleu Retail Aesthetics, Final Engineering, and Special Exceptions -1 Mr. Bryant Smith, III, P.E., CFM, City Engineer, Public Works Department gave an overview of this Agenda Item. Discussion ensued on road ingress and egress, traffic light signalization, landscaping, signage, and enhanced parking options. Comments continued on the possibility of a cafe or restaurant type business to go in this facility. Mr. Bryan Schultz, 6474 Montclair Bluff Lane, Windermere, Florida' - addressed the Commission and as he referenced a plan, stated, "We made a patio here a little bigger and alongside here, as well as up front here, that you could have tables, so they can go in and we set up the bays for this particular development so you could have even smaller ones facing out this way, so you can either go this way or this way and have restaurants. And that's kind of our goal is to be able to have outdoor seating." Mayor Lacey opened "Public Input" on this Agenda /tem. Mr. Kevin McCann, 7709 Pheasant Circle, Winter Springs, Florida: mentioned a preference for more greenspaces and trees and noted that the submitted plans seemed to show mostly palm trees which he said were not as full as other kinds of trees, and hoped the Developer could be encouraged to include as much greenspace as possible. Ms. Loretto "Dolly" Ames, 7SO 3rd Street, Winter Springs, Florida.- commented on her concern with the few handicapped parking spaces and thought there should be more. Brief comments followed on requirements related to handicapped parking spaces. Deputy Mayor Cannon said to Mr. Schultz, "On some of these Special Exceptions that your two (2) projects required, I think Bryant (Smith) has been working on some Text Amendments with Anthony (Garganese), to try to fix some of those, to make those burdens go away. Will you please, if you haven't already Bryant, would you guys get together and see if there is some other suggestion you have where we can streamline some of that as we go through that Text Amendment process." No objections were voiced. Mayor Lacey pointed out, "Let the Record reflect that Mr. Shultz nodded yes." Mayor Lacey closed "Public Input" on this Agenda /tem. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR CANNON. MAYOR LACEY STATED, "SECONDED FROM COMMISSIONER KENDRICK." DISCUSSION. MAYOR LACEY NOTED THE MOTION WAS, "TO APPROVE THE AESTHETICS, FINAL ENGINEERING, AND FOUR (4) SPECIAL EXCEPTIONS FOR THE OCEAN BLEU 'ROJECT." VOTE: DEPUTY MAYOR CANNON: AYE COMMISSIONER HALE: AYE COMMISSIONER HOVEY: AYE COMMISSIONER JOHNSON: AYE COMMISSIONER KENDRICK.* AYE MOTION CARRIED. 401. West End Professional Center Monument Sign Special Exception and Development Agreement Modification This Agenda Item began with introductory comments from Mr. Smith who remarked, "in the Town Center, monument signs are only permitted by Special Exception, which is one of the reasons for this; and with this site in particular, they're also seeking a DA (Development Agreement) Modification. The original DA (Development Agreement) for this site required six (6) planter beds with trees planted in them. Only four (4) of those seat walls were ever constructed of the six (6) required; so, the Modification is seeking an approval for only four (4) of six (6) seat walls to be constructed and one (1) of those seat walls to allow the construction of a monument sign within it. The seat wall would stay intact." Mr. Smith then spoke of the specifications of the sign, added that landscaping would be added, and a tree would need to be removed. Mr. Smith then remarked, "There are no site distance issues with coming in or out of the driveway," Deputy Mayor Cannon said to City Attorney Anthony A. Garganese, "My law office is a small tenant in this building. I have no financial interest in the building whatsoever - I am not an owner and so forth. I will not be utilizing that advertising sign. Am I required to recuse from Voting on this matter?" Brief discussion followed with Attorney Garganese. Deputy Mayor Cannon then stated, "in abundance of caution, I have no financial or special gain or loss attributed to this, but I am going to recuse from voting on this. I have disclosed on the Record that I am a small tenant in the building but would not have any rights to the sign and have had no involvement in it so I am going to go ahead and recuse." Commissioner Kendrick noted that he was pleased that the Special Exception process was being streamlined. Mayor Lacey then mentioned, "This DA (Development Agreement) has been in effect for over twelve (12) years and the comment is that only four (4) of the six 'ice seat walls were constructed. Do you know the history of why in the past twelve (12) years, the DA (Development Agreement) wasn't complied with?" Mr. Smith responded, "I'm not sure why they were never constructed. I know the original DA (Development Agreement) required the six (6); then there was the first Modification which actually allowed for only four (4) of the six (6) to be constructed and the two (2) near the entry were supposed to be set aside for some type of sculpture or a fountain, Then the Second Modification to that DA (Development Agreement) basically repealed the first Modification. So, we're back to the seat walls being required. I'm not sure why they were never constructed." Attorney Garganese was asked for any input and he said he did not know why some of the technical aspects of the Development Agreement were not fully completed, Mr. Smith added, "There are six (6) planters with only four (4) seat walls." Mayor Lacey pointed out that the six (6) planters were for six (6) trees, to which Mr. Smith confirmed, "Yes." Mayor Lacey then said, "So, we are losing one (1) tree." Mr. Smith said, "That's correct," Mayor Lacey opened "Public Input" on this Agenda /tem. Mayor Lacey closed "Public Input" on this Agenda /tem. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE SIGN." MOTION BY COMMISSIONER KENDRICK. MAYOR LACEY STATEDI "SECONDED BY COMMISSIONER • •'` ." DISCUSSION. VOTE: COMMISSIONER COMMISSIONER • AYE COMMISSIONER ♦ •' AYE COMMISSIONER HALE:c YE DEPUTY MAYOR CANNON: (RECUSED) MOTION CARRIED. Deputy Mayor• • ! to the dais at approximately 402. Second Reading of Ordinance 2019-09 regarding the Application, Notice, and Review Criteria Procedures for pZoning Permits Attorney Garganese read Ordinance 2019-09 by "Title" only and noted, "I made r few little technical amendments based on the First Reading that i i requirementsfew weeks ago - on page 5 and 6 of 31, 1 did address the Commissioner's concerns relative to single family homes. I also made it clear that the Application for Administrative Appeals governed are administrative appeals section;and in r. Administrative ♦,r* e ram* ' '* " r • be included as part of the record; and just cleaned up a couple of little wordsmith items in r Mayor Lacey opened "Public Input" on this Agenda /tem. Mr. Dan Edwards, Vice President of Land, Central Florida Division, Dream Finders Homes, 8529 Southpark Circle, Orlando, Florida. asked about the ter "Site Plans" as it relates to Final Engineering and the review process. Attorney Garganese pointed out that the provision on page 15 cross-references Chapter 9 of the Code and addresses criteria associated with Site Plans and Final Engineering. It was then noted that there was a typo on Sec. 10.33. to which Attorney Garganese agreed the section should be 20.33.1. With further comments, Attorney Garganese pointed out that in working on streamlining and creating uniform Application requirements, the Application requirements in Chapter 20 would relate to Special Zoning Permit Applicationt including Site Plans as well as Final Engineering; and technical requirements as noted in Chapter 9 will remain applicable as well as additional criteria noted in this Ordinance would also be pertinent to Site Plans and Final Engineering. Mr. Chad Minor, Beazer Homes, 757 Southholl Lone, Suite 200, Maitland, Florida. - asked about projects currently in the review process and the applicability of this Ordinance, Attorney Garganese said that the proposed Ordinance would go into effect if adopted by the City Commission, immediately upon signature. M 1111 1 111111 N31,11100i, I �11 'I I I �#'i VOTE: COMMISSIONER KENDRICK: AYE DEPUTY MAYOR CANNON: AYE COMMISSIONER HALE: AYE COMMISSIONER HOVEY: AYE COMMISSIONER JOHNSON: AYE MOTION CARRIED. 500. Waste Pro Annual Performance Review Ms. Balagia began this Agenda Item with information on how the survey was structured, the reason for differences in some of the numbers noted in the Agenda Item, and data related to some of the complaints. Ms. Balagia pointed out that any residents listed on the survey who had asked to be called back, have been contacted by City Staff. Commissioner Hovey referenced the discrepancies that were noted in the Agenda Item, Brief remarks followed. Next, Commissioner TiAnna Hale referenced some of the comments, including past year results, and suggested the service provider should provide immediate and continued improved service. Pemarks ensued on whether a bonus was a normal arrangement to which Mr. Boyle said that bonus arrangements were typical in this industry. Commissioner Ted Johnson said he concurred with Commissioner Hales comments regarding customer complaints, and he thought there seemed to be issues in getting replacement trash toters as he personally had been waiting several weeks, Commissioner Johnson suggested improvements were needed in expediting processes. Mr. Tim Dolan, Waste -Pro of Florida➢ 3705 St. -7ohns Parkway, Sanford, Florido.° stated, "Yes, it does and that's something that I need to go back and work on." Mr. Dolan mentioned some purchasing and vendor issues related to such delays. Commissioner Johnson said he would appreciate improvements. Mr. Dolan added, I will be personally following up on that." Commissioner Johnson then spoke of the size of recycle bins, whether there was a middle size of recycling containers and asked if this could be looked into. Mr. Dolan said there were no middle size containers and commented on recycling processes. Commissioner Kendrick remarked that Waste -Pro of Florida's employee retention seemed consistent, that their employees adhere to the set rules in terms of what they pick up, and suggested that commercial account pricing may be a little high but thought the City Commission could discuss this further. Discussion followed on what type of system was used for tracking complaints, and how the process works. Mr. Dolan briefly addressed how service requests are handled. Deputy Mayor Cannon said that he thought complaints had risen, mentioned that for a trend analysis, data sets could be used to identify problem areas and suggested this be looked into, as keeping track of current issues would help everyone involved and could provide survey information on an ongoing basis. Mr. Dolan responded by saying, "I agree" and added, "I'm a little disappointed with the results myself." Continuing, Mr. Dolan then mentioned that they were planning to update their fleet with new trucks and pointed out, "We should have two (2) new trucks here on the street probably in the next two to three (2-3) weeks." Deputy Mayor Cannon mentioned a complaint he often heard was that trucks drop fluids which often stain the roads, and asked if there was something Mr. Dolan could do. Mr. Dolan said that newer equipment would help and with the taking the oldest trucks off the route soon, that should be an improvement. Mr. Dolan added, "That is something we can check." Comments followed on seals and criteria related to the survey. "MOTION THAT WE APPROVE THE WASTE -PRO [OF FLORIDA] BONUS." MOTION BY COMMISSIONER KENDRICK. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HALE: AYE COMMISSIONER JOHNSON: AYE COMMISSIONER KENDRICK: AYE DEPUTY MAYOR CANNON: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED 501. East Central Florida Regional Planning Council Adopted Vision and Trend Analysis Presentation Mr. Fred Milch, East Central Florida Regional Planning Council, 455 North Garland Avenue, Orlando, Florida: reviewed a PowerPoint presentation with the Mayor and City Commission and spoke of trends, goals, demographics and information related to other cities around the country which they felt had attributes and services that Winter Springs could adopt. Next, Mr. Milch spoke of the community survey that would be provided, Ms. Casey Howard, Director, IT and Administrative Services Department pointed out that the Visioning Session for businesses would be held on Thursday, June 27, 2019 and the Visioning Session for residents was set for Thursday, July 11, 2019. Ms.Howard confirmed that the Visioning Sessions would be held at City Hall. Pegardingatime, Deputy Mayor Cannon suggested 6:30 p.m. as the starting time. No disagreements were noted by the City Commission. Deputy Mayor Cannon commented on data that Mr. Milch had mentioned, referenced a document with different data which he said he would then provide to the City Clerk who could send it to Mr. Milch. Commissioner Hovey asked that the City Clerk email the same document to the City Commission to which City Clerk Andrea Lorenzo-Luaces said, "Of course." Discussion ensued on the proposed survey which was originally planned to be done at the July 4 1h event, however, Interim City Manager Shawn Boyle pointed out, "The Survey - what they want to do is have the meeting with the public first in order to incorporate and derive those questions for the Survey. Unfortunately the last information I was given is we won't make the Fourth of July with the Survey," Commissioner Hovey inquired why the three (3) cities showcased in the PowerPoint, were all northern cities. Mr. Milch responded, "We were looking for something unique that other cities were doing, that perhaps Winter Springs could do also. Something that would make it stand out, something that the City could get behind and the residents could get behind, just looking at different niches." Continuing, Commissioner Hovey asked if there were some cities in the southern part of the country that were considered. Mr. Milch responded, "I did not do this portion of the work, but I will definitely ask." Further comments ensued on the differences in the climate and lifestyles between cities in the north and the south. Commissioner Hovey asked if something more similar could be considered in the south, Discussion. ire arks followed on the different kinds of trees found around the country. Commissioner Hale spoke of cooperative housing, thought this concept could be looked into, and said she would provide a document to the City Clerk to be forwarded to the City Commission. Next, Commissioner Hale commented on the excellent Senior Center that Winter Springs has, and suggested that regarding Seniors, perhaps the City could have something like Utility kiosk at the Senior Center and/or Citystaffcould goover once a week to help Seniors with permitting, etc. With additional remarks, Commissioner Hale referenced the 2009 Strategic Plan and #;uestioned why some of the tasks were not completed. Deputy Mayor Cannon noted that he thought provisions in the Comprehensive Plan were not being done and was interested in hearing some recommendations on how to best proceed. Furthermore, Deputy Mayor Cannon spoke of greenspaces and felt that Lake Jesup was underutilized and suggested that a boardwalk on Lake Jesup would be a great addition; and asked Mr. Milch that if any individual Commissioners had further ideas, could they contact Mr. Mfilch and his colleagues, who could perhaps look into any of their suggestions, "MOTION TO EXTEND TIME THROUGH THE SECOND PUBLIC INPUT, NOT TO GO PAST 9:15.11 MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION Comments ensued on demographic inconsistencies mentioned earlier and Census data. Commissioner Johnson mentioned the importance of branding and suggested that this process could contribute to a brand for Winter Springs and hoped we could try to consider doing this. Mr. Milch replied, "We could probably work that into the Visioning and into the Survey." 502. The City Clerk wishes to informCommission of upcoming Appointment(s)/Reappointment(s) to the Code Enforcement Board related to Terms ofice which willbeexpiringin Julya. MOTION TOREAPPOINT CRISWELL TO THE CODEi • • i, MOTION BY •; i • HOVEY.SECONDED D BY COMMISSIONER JOHNSON. VISCUSSION. VOTE: COMMISSIONER • AYE COMMISSIONER a, AYE DEPUTY MAYOR CANNON:AYE COMMISSIONER i is ' , AYE COMMISSIONER KEr "• AYE MOTION CARRIED. MOTION* APPOINT i i i, a,r i` i SEAT ON PARKS AND RECREATION ADVISORY C . •r iAPPOINTMENT FILLS THE VACANCY MOTIONWHICH RELATES TO THE RECENT RESIGNATION OF MS. LYNN DEHLINGER). DEPUTY a i • CANNON.SECONDED i • JOHNSON. DISCUSSION. CLERKCITY i.r i NOTED THAT MR. i APPLICATION Ha; BEEN RECEIVED EARLIER TODAY AND ASKED IF THE MOTION COULD BE CONTINGENT UPONin i VERIFICATIONS aT WE ,VE NOT YET r: MAYOR LACEY STATED, "DO WE HAVE CONSENSUS FROM THE COMMISSION Tf AMEND THE MOTION?11NO DISSENT WASMAYOR ,` VOTE: VOTE: COMMISSIONER HALE: AYE DEPUTY MAYOR CANNON: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER JOHNSON: AYE MOTION CARRIED. Deputy Mayor Cannon suggested that the Board and Committee Appointment process be streamlined and thought all Appointments could be handled during a specific month as a "once a year process", and added that the length of Terms did not need to change. With remarks about vacancies that sometimes occur, Deputy Mayor Cannon suggested that vacancies would be filled as they arise. Commissioner Hovey thought the City Attorney, City Manager, and the City Clerk could come back with some suggestions. Commissioner Kendrick noted, "Agreed." No objections were voiced, Interim Manager Boyle said that he and the City Clerk had spoken about this and added, "We just need to plug Anthony (Garganese) in and we'll come back with some options." 503. City Manager Recruiting Advertisement and Recruitment Process Ms. Howard informed the City Commission that Attorney Garganese and herself put together a job description/recruiting advertisement for the City Manager position as well as recommendations for posting and the selection timeline. Commissioner Hovey noted, "On page 4, there's a duplicate entry. The third bullet is a duplicate of the one above it." Ms. Howard responded, "That should be'Special and Board meetings', so that will be corrected." Continuing, Commissioner Hovey remarked, "One thing that I think should be added at the last bullet - I think we should have a bullet that says'Other duties as assigned'," Ms. Howard mentioned this was listed at the bottom and asked if this second reference should be added, Commissioner Hovey said she thought this would make it more noticeable. No objections were voiced. Furthermore, Commissioner Hovey remarked that on the last page it says how to apply and there is a deadline to apply by email. Commissioner Hovey inquired that in terms of the application deadline by mail, should it be postmarked by that date or is itreceived in our office by that date'?" WITSIVATM M-WO! 1� � zz"Ifflumm" i 0_1 Commissioner Hovey suggested that the addition of "As received by that date" should be included. No dissent was noted. It was then explained that Ms. Howard would be the one who received any submitted Applications, Deputy Mayor Cannon recommended that the current posting and application window which has a closing date of July 9,2019 be expanded and suggested a sixty (60) day timeline, Mayor Lacey said that he agreed. With further remarks on the suggested sixty (60) days, Commissioner Hale added, "Agreed." Mayor Lacey asked, "Any objection from the Commission to the sixty (60) days?" Commissioner Hovey commented, I object to that but I will go with the Consensus. I think it should be shorter versus the sixty (60)." Commissioner Hovey then pointed out that a sixty (60) day timeline would push things out and suggested forty-five (45) days as a compromise. Mayor Lacey said, I would say August Ist." Deputy Mayor Cannon stated, "I am fine with August Ist." No objections were voiced. 600. City Attorney Anthony A. Garganese, Esquire 601. Interim City Manager Shawn Boyle Interim Manager Boyle introduced the new Community Development Director, Christopher Schmidt to the City Commission. M r, Sch m idt said, `"Thank you for the opportunity, I look forward to worki ng with you all." Interim Manager Boyle noted, in reference to Waste Pro performance measures, that he gets frequent reports and tracks the handling of complaints. Next, Interim Manager Boyle brought up the construction of a parking lot adjacent to the Town Center and remarked, "The parking lot was approved back in I believe, December, unanimouslyon Consent. The original budget forthe parking lot was two hundred and fifty thousand dollars ($250,000.00), It came in just over six hundred thousand dollars ($600,000.00). It's about 135 parking spaces." Interim Manager Boyle then mentioned the strong economyand everyone's concern with tree canopy, and added, "This is the last time I can sit before you before we pull the trigger on this contract. The area that's in question for the parking lot will be clear-cut," Continuing, Interim Manager Boyle explained, "It's that big treed area that's adjacent to the Trail and Ijust want to make sure that this is hat you guys want to do. Idon't want to be the cause of anybody getting any backlash." Interim Manager Boyle mentioned there were some different options if the City Commission wanted to revisit this project, and suggested, "You could talk about a redesign, you could talk about a phased approach. There are several different unlimited options that we can do." Deputy Mayor Cannon noted his concern about the high costs. Deputy Mayor Cannon spoke favorably of a phased approach and suggested an improved green space that would be suitable for parking, Deputy Mayor Cannon added, "My thought is ask Staff to look at a multiple phase where we clean up what we have got there where they're parking and it's kind of sandy and the sidewalk, it could definitely use some sprucing up, but keep it green," Deputy Mayor Cannon added, "Keep some of those trees." Mr. Smith remarked, "We can look at design alternatives and even give you a couple options on it," Commissioner Kendrick noted the need for daily parking in the Town Center and as overflow for events, and was not in favor of clear -cutting the trees. Commissioner Johnson asked if there was any data regarding the necessity of clear - cutting the entire parcel and possibly putting a hold on this project. Mr. Smith pointed out, "This was in order to maximize the parking and also provide kind of a walking area in the middle. There is a pretty significant grade change from Tuskawilla down to the Trail." Commissioner Johnson commented that he understood the need for more parking, however, he did not see the need for clear -cutting the property. Mr. Smith then said, "We can look at alternatives. Our direction at the time was to maximize parking and make it almost a park like atmosphere, so that was the design we came up with. We ranged, the tial designs were upwards of around 200 stalls. That was all asphalt and this was sort of the compromise of including the walkability, a trail connection, and the future connection to the amphitheater if that was built; but we can go back to kind of where we started and sort of focus on the area that's already cleared and maybe clear out some of the underbrush as well. Wejust need to make sure that we meet some of the standards for parking and we can still make it sQfe." Deputy Mayor Cannon remarked about parking, and expressed concern about the use of City funds for private business parking and the original determination of parking needs for the Town Center. Mr. Smith responded that now, "Generally in the Town Center Code, you don't necessarily have to adhere to what the normal parking guidelines are. You can provide a study on that and that's probably what was followed there. The idea of this parking lot was really the future amphitheater as well as providing a new Trail connection and really just utilizing an empty piece of City property and bringing it up a little bit." Deputy Mayor Cannon suggested this could possibly be completed in a couple of phases. With further comments, Mr. Smith noted, "I think we can look at alternatives with at least the parking stalls being that way, and then having an improved drive aisle." Discussion. Mayor Lacey said to the City Commission, "Would it be acceptable if we just put in abeyance the award of this contract and have it as an Agenda Item at our next meeting where we can have a more thorough discussion?" Deputy Mayor Cannon stated, "Yes." Other Members of the Commission said "Yes." No objections were voiced. Discussion followed about the previous passage of the project, the availability of specific project information, that more parking is needed, and to bring options for the City Commission to consider. Mayor Lacey pointed out, "The Consensus, without objection, is for the City Manager to put this in abeyance and have it as an Agenda Item for further discussion." Additional suggestions dealt with providing the City Commission information on possible stages and options. Finally, Interim Manager Boyle noted that the 60th anniversary [June 20, 2019] of the City was approaching and asked for direction on how the City Commission would like this occasion commemorated. Mayor Lacey suggested, "Why don't we do it at the 4th Of July." Commissioner Hovey added, "That is what I was thinking," Deputy Mayor Cannon stated, "We could do that-thatisa good idea." No disagreements were noted, 602. City Clerk Andrea Lorenzo-Luaces, MMC 603. Seat Three Commissioner Ted Johnson Commissioner Johnson noted last Thursday was the 7S1h anniversary of D-Day and noted that Winter Springs resident Mr. Emil Abrahamian was a World War 11 Veteran. Commissioner Johnson mentioned that he had spoken to Mr. Caldwell about Mr. Abrahamian being considered as a Hometown Hero. 604. Seat Four Commissioner TiAnna Hale Commissioner Hale noted her attendance at an Honor Flight Orientation held last week at the Senior Center and commended the work they do. Additionally, Commissioner Hale mentioned that Indian Trails Middle School is holding a farm -to -table event and are looking for Volunteers starting the week of August ISth. Continuing, Commissioner Hale noted that the Octopus Car Wash and the Victoria Edward Spa were now open. In conclusion, Commissioner Hale mentioned working with Chief of Police Chris Deisler and Seminole County Sheriff Dennis Lemma and commended the on their efforts with the opioid crisis. 605. Seat Five Commissioner Geoff Kendrick Commissioner Kendrick noted that Florida League of Cities Policy Committee meetings were scheduled for this week. Continuing, Commissioner Kendrick congratulated Chief Deisler on being officially Appointed as the City's new Chief of Police. Commissioner Kendrick then mentioned he was looking forward to former Chief of Police Kevin Brunelle's Petirement Dinner being held on Thursday, June 13, 2019. Finally, Commissioner Kendrick noted his disappointment regarding Metroplan Orlando's decision to lower the priority of expanding State Poad 434 eastward and stat 606. Mayor Charles Lacey I 607. Seat One Commissioner Jean Hovey "I WOULD LIKE TO MAKE A MOTION TO EXTEND FOR AN ADDITIONAL FIFTEEN (15) MINUTES." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. Commissioner Hovey commented on the current agenda format and asked that for future Agendas, could the Agenda Packet be split into separate sections, perhaps by section. Mr. Boyle stated, "Anything is possible with the Consensus of this group, absolutely," Comments followed on printing out the Agenda, and/or dividing the Agenda into separate sections, such as the Consent Agenda, Regular Agenda, etc. City Clerk Lorenzo-Luaces was asked for her input, to which she said, "We're happy to do whatever you would like." Commissioner Kendrick remarked, "Logistically, whatever works," Commissioner Hovey added, "Smaller would be easier." Mayor Lacey stated, "I am going to call it a Consensus unless I hear objections." No one noted any objections, Mr. Ed DeJesus, IT Manager, IT and Administrative Services Department suggested that a navigation tab could be used with PDFs which might be more helpful to the City Commission. Deputy Mayor Cannon noted his agreement, Mr. DeJesus then said that they could certainly check into that. Discussion followed on having the Agenda, exhibits as PDF's, and a navigation tab possibly available on the website so that the City Commission and others could ?.ccess or print whatever documents they were interested in. With further brief remarks, Mr. DeJesus said, "I will definitely work with the City Clerk's Off ice," Next, pCommissioner HovePolicy o y mentioned sho e had been Appointed to serve on the Municial Administration Cmmittee fr the Florida League of Cities. Lastly, Commissioner Hovey asked about Donations and whether we had a standing Policy or if one should be considered, whether it be for services, time, and/or money. M •an M LZI W�ZIA a ry WAOT-MME Interim Manager Boyle explained, "Our standing protocol goes like this, anytime anybody wants to donate any money, materials, work or time - we put it on, most of the time it's Consent; we bring it before the Commission so that you all have the opportunity to agree to it or not." Furthermore, Interim Manager Boyle noted that there might be a future situation when the City Commission would prefer to not get involved with a specific donation. Interim Manager Boyle added, "We bring it before you also so that you can direct it; in other words - let's say we received a hundred thousand dollars ($100,000.00) in a cash donation, Staff doesn't want to be responsible for directing where that money goes. I think that should reside up here with the f ive (5) of you; so, right now, our standing protocol and there is some state statue behind it also, is that any gifts, frankly any gifts over $100 we bring before you and you guys will accept it or not accept it and then you'll direct, if it's cash, you'll direct what you want to do with it. So - since I have been here for ten (10) years, that's been the standing protocol." Regarding a potential donation of services, Interim Manager Boyle explained, "Anybody donating services to the City depending on what department or what they're doing, there's a due diligence that Staff has to do to make sure that they're insured, they're capable, and competent," Commissioner Hale mentioned the "Cities of Service" program and said she would provide the City Clerk with a related document for consideration, Further remarks followed on a written Volunteer Policy the City has, especially to ensure the safety of Volunteers around the elderly and children. 608. Seat Two Commissioner/Deputy Mayor Kevin Cannon Following up on the last comments, Deputy Mayor Cannon mentioned that he had suggested to the Winter Springs High School Principal to try to get their students more involved with our City events which would help build community, and asked if this could be looked into. Furthermore, Deputy Mayor Cannon suggested that the Winter Springs High School Softball Team be recognized at the July 4 1h Celebration of Freedom event, and also suggested signs be placed below the Welcome to the City signs with information about the Winter Springs High School Softball Champions. Commissioner Kendrick stated, "That is a wonderful idea." Lastly, Deputy Mayor Cannon mentioned a recent Central Florida Boy Scout Council awards ceremony that he attended. 1�r • Ms. Gina Shafer, Winter Springs Village, Winter Springs, Florida: spoke of the need for speed reduction at Michael Blake Boulevard and State Poad 434 and asked if the City could work with the Florida Department of Transportation on this matter. Ms. Shafer further commented about some type of barriers near the Blake Apartments which she thought needed reflective tape on them; and that she had been told in South Florida that palm trees were not counted as trees. Deputy Mayor Cannon said to Chief Deisler, "The speed limit westbound on 434 drops to 45 right around the pedestrian bridge right..." Chief Deisler stated, ""...Frorn recollection, westbound, the signs are actually posted west of Michael Blake [Boulevard] before the intersection was reconfigured." Deputy Mayor Cannon then remarked that one of the best signs erected was the "NO U-TURN" sign with a small orange flag at Indian Trails Middle School as drivers did in fact stop making such turns. Deputy Mayor Cannon continued, "Could we maybe ask for some enhanced signage - that the speed drops from SO." Deputy Mayor Cannon added that perhaps a couple of these enhanced, oversized signs could be erected for those driving westbound. Chief Deisler noted his agreement with Deputy Mayor Cannon's comments and said, "For purposes of discussion if it goes beyond the discussion here I could definitely support moving the 4S sign further east..." Deputy Mayor Cannon stated, "...Yes." With additional brief comments, Chief Deisler said, "Anything we can do to make it happen, we'll make it happen." Further, Commissioner Johnson suggested the speed limit should be reduced in tht area of Tuscora Drive and State Poad 434, and added that he thought there should also be a light there, and hoped the City would expedite this. Mr. Jeff Crandall, 7239 Stone Harbour Road, Winter Springs, Florida: thanked Commissioner Hale for visiting Parkstone when she met with cleaning staff and recognized their work. Mr. Crandall also offered his thanks to Commissioner Johnson who drove to the bus depot to look into issues that some Parkstone residents have concerns with. Commissioner Hale asked Mr. Smith if he could assist with getting reflective lights on poles. Mr. Smith said they would go out to the site and check into this. F-11-1,011Zlhl ANDPEA LOPENZO-LUACES, MMC CITY' CLERK FAMARBOURN NOTE: These Minutes were approved at the July 8,2019 City Commission Regular Meeting. LAST NAME —FIRST NAME —MIDDLE NA NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMIT7EE Cannon, Kevin Scott Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON PO Box 195447 7H WHICH I SERVE IS A UNIT OF: CITY COUNTY 9 CITY Ll COUNTY Ll OTHER LOCAL AGENCY Winter Springs, FL 32719 Seminole NAME OF POLITICAL SUBDIVISION-: DATE ON WHICH VOTE OCCURRED rl;+" of Winter Springs June 10, 2019 MY POSITION IS: ELECTIVE U APPOINTIVE n!!!f� WHO MUST FILE FORM 813 Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective orappointive position. For this reoaon, please pay close attention to the instructions on this hznn before completing and filing the form, hINSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer aj�,* 11I IRT fr SCOW 1 911 JV66 Y a u in ss aSSOCInte Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity, For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes ofthe meeting, who should incorporate the form inthe minutes, Although you must abstain from voting in the situations described above, you are not prohibited by Section 1123143hnm otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision whether orm|�orinvvhhngand whether made byyou oretyour direction. '' ' IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE ` You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) ~=="=^^^~ ---^^--- Adopted by reference in Rule 34-7.010(l)(f), F.A.C, pxss APPOINTED OFFICERS (continued) ~ A copy of the form must be provided immediately to the other members of the agency. ^ The form must beread publicly atthe next meeting after the form iafiled. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ' You must disclose orally the nature of your conflict in the measure before participating. ' You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the oQency, and the form must beread publicly atthe next meeting after the form iofiled. , hereby disclose that on June Is (a)Ameasure came orwill come before my agency which (check one or more) ill,'-," inured to my special private gain or loss; __ inured to the special gain or loss of my business associate. __. inured bzthe special gain orloss ofmyrelative._______ — inured to the special gain or loss of - inured to the special gain or loss of is the parent subsidiary, msibling organization orsubsidiary ofaprincipal which has retained me, (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Commission Agenda #401 - Quasi Judicial Hearing on application for Special Exception to construct a monument sign in front of the West End Professional Center located at 1135 E. SIR-434, Winter Springs, FL. The owner of said building and Applicant for the Special Exception is West End Professional Center One, LLP, I have no financial ownership interest in said LLP. However, my business, Law Office of Kevin Cannon, PA, is a tenant in said building and thus, the requested monument sign could in some way inure to my special private gain or loss although it is unlikely because I have no plans for my business or my name to appear on said monument sign as I am the smallest tenant in said building. As advised by the City Attorney, my recusal was based on the provisions of Section 112.3143(3)(a) Florida Statutes "No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss ..." and Section 286.012 Florida Statutes "If the official decision, ruling, or act occurs in the context of a quasi-judicial proceeding, a member may abstain from voting on such matter if the abstention is to assure a fair proceeding free from potential bias or prejudice". This supercedes my disclosure filed June 14, 2019. Kdisclosure ofspecific information would violate confidentiality orprivilege pursuant 0olaw orrules governing ettomoyo apublic ome� w/m/xa�oanmoome8maycomp�w�hthed�c�mure�quimmembofUhioaaodonbydimdoninAthen�ureufdhei�e'inauch � eatopnmidethe public with noUcaofthe non#io1. '�s� away i� W1�70� %VNT ER SPRINGS 'lop' IV Date Filed C,TY CLERK Ig --- mlva- IIOTICE: CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CernRmae-EFr 11s0/3 PUBLIC HEARINGS AGENDA ITEM 401 CITY COMMISSION AGENDA I JUNE 10, 20191 FEE MEETING NM End Professional Center Monument Development Agreement Modification I Sign Special Exception and * Applicant/Property Owner's Name (s): West End Professional Center One LLP * Property Address(es): 1135 East State Poad 434 * Property Parcel ID Number(s): 36-20-30-502-0000-0010 * Current SLUM Designation: Town Center District * Current Zoning Designation: T-C (Town Center District) * Development Agreements: • Binding Development Agreement (2006) • First Modification of Binding Development Agreement (2007) • Second Modification to Binding Development Agreement (2008) Pending Code Enforcement Actions: None 0 City Liens: None APPLICABLE 1,81--, PUBLIC P ICYANDE S: Winter Springs Code of Ordinances City of Winter Springs Comprehensive Plan Project Overview The applicant is seeking a Special Exception and modification to the Development Agreement for the construction of one monument sign (Exhibit A) at the multi - tenant office building located at 1135 E. SP 434, The subject property is located within Transect 5 of the Town Center zoning district. Per Section 20-327.1 - Signs, freestanding monument signs are permitted by special exception in the Town Center along SP 434 frontage. The sign generally conforms to the standards set forth in Section 16-82 "Special Supplemental regulations for properties located on SP 434", pertaining to monument signs. The signs architectural features and colors match the existing building and provide acceptable aesthetics in relation to the surrounding Town Center buildings. As part of the Binding Development Agreement, adopted December 11, 2006, by the City Commission, the developer was required to construct six seat walls around trees located in the plaza at the north end of the property. Only four of the six seat walls were constructed. The proposed Third Modification to Binding Development Agreement (Exhibit C) would reduce the number of seat walls required from six to four. This modification would also allow for one of the four seat walls to contain a monument sign and landscaping, as opposed to a tree, which was originally required in the original Binding Development Agreement, used on Staff review of the plaza area, there will still be adequate seating in the plaza area with only four seat walls. At the May 23, 2019, Planning and Zoning Meeting, the Board recommended approval of the Special Exception to construct a monument sign in the Town Center with a 5-0 vote. Special Exceptions (Exhibit B) The applicant is requesting approval of a Special Exception requests. In granting a Special Exception, per the Town Center Code, the City Commission must find substantial competent evidence that: a) The proposed development contributes to, promotes, and encourages the improvement of the Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town Center regulations, b) The proposed development will not have an unfavorable effect on the economy of the Winter Springs Town Center and complies with the economic fiscal impact requirements set forth in the City's Comprehensive Plan and code, c) The proposed development abides by all rules in this code other than those specially accepted, RECOMMENDATION Staff recommends the approval of the Special Exception to construct a monument sign in the Town Center and the Third Modification to Binding Development Agreement related to seat wall requirements. r 8tatu-es& Constitution :View Statutes : Online Sunshine Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Select Year: 2018 ,-GO', PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS (1) As used in this section: (a) "Principal bywhom retained" means anindividual mentity, other than an agency asdefined ins. 1I2.312(2), that for compensation, salary, pay' consideration ' or similar thing of value, has permitted or directed another 1nact for the individuai or entity, and includes, but is not limited to, one's client, employer, or the parent, subsidiary, nrsibUngorganization of one's client oremployer. (b) "Pubhc officer" includes any person elected or appointed to hold office in any agency, including any person serving onanadvisory body. (c) "Relative" means any father, mother, son, daughter, husband, wife, brother, sister, father-in-law mother -in -taw, son-in-law, ordaughter- in- taw. ' (d) "Special private gain ortoss" means aneconomic benefit orharm that would inure tothe officer his orher relative, business associate, orphncipaL unless the measure affects a class that includes the ' officer, his or her relative, business associate, or principal, in which case' at [east the following factors must beconsidered when determining whether a specia( private gain or toss exists: 1. The size of the class affected by the vote. 2. The nature ofthe interests involved. 3. The degree 1owhich the interests of at[ members of the class are affected bythe vote. 4. The degree to which the officer, his orher relative, business associate, or principal receives greater benefit orharm when compared toother members ofthe class. The degree to which there is uncertainty at the time of the vote as to whether there would be any economic benefit orharm to the public officer, his orher relative, business associate, or principal and, if so, the nature or degree of the economic benefit or harm mustabo be considered. (2)(a) Aata1e public officer may not vote on any matter that the officer knows would inure to his or her special private gain or toss. Any state public officer who abstains from voting in an official capacity upon any measure that the officer knows would inure to the officer's special private gain or toss, or who votes in on official capacity on a measure that heorshe knows would inure tnthe special private gain or loss of any principa( by whom the officer is retained or to the parent organization or subsidiary of a corporate principal by which the officer io retained other than an agency as defined in y. 112.312(2); or which the officer knows would inure 1mthe specia[ private gain or loss of relative or business associate of the public officer, shaii make every reasonable effort todisclose the nature wfhis orher interest asa public record in e memorandum filed with the person responsible for recording the minutes of the meeting, who shai(incorporate the memorandum in the minutes. |fitis not possible for the state pubhc officer to file memorandum before the vote, the memorandum must be filed with the person responsible of