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2014 12 08 Consent 306 Unapproved Minutes from the November 17, 2014 Special MeetingCOMMISSION AGENDA ITEM 306 December 08, 2014 Informational Consent X Public Hearings Regular ALLL Regular Meeting City Manager Department REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, November 17, 2014 City Commission Special Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and /or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Minutes from the Monday, November 17, 2014 City Commission Special Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk Consent 306 PAGE 1 OF 2 - December 08, 2014 for the Approval by the City Commission. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday, November 17, 2014 City Commission Special Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, November 17, 2014 City Commission Special Meeting Minutes (29 total pages) Consent 306 PAGE 2 OF 2 - December 08, 2014 Attachment "A" CITY OF WINTER SPRINGS, FLORIDA Incorporated • 1959 000 weIRJ�,C CITY COMMISSION MINUTES SPECIAL MEETING MONDAY, NOVEMBER 17, 2014 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Commissioner Jean Hovey - Seat One Commissioner Kevin Cannon - Seat Two Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five �k ,: 3. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 2 OF 29 CALL TO ORDER The Special Meeting of Monday, November 17, 2014 of the City Commission was called to Order by Mayor Charles Lacey at 5:26 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 Commissioner Jean Hovey, present Commissioner Kevin Cannon, present Commissioner Pam Carroll, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo - Luaces, present Related to Agenda Changes, Mayor Lacey referenced this being a Special Meeting and said to the City Commission, "I would seek unanimous consent to adopt the Agenda as presented with item `500' removed; that will be brought back to us at a later date." "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Community Development Department REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. t CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 3 OF 29 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. INFORMATIONAL 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission about the planning efforts of the City's 2014 Winter Wonderland event. FISCAL IMPACT: Projected Expenses of $3,140. Sponsorships, donations and booth rentals will cover expenses. City Public Safety costs are projected at $4,500. These funds are available in the FY15 Budget in line code 72 -7400- 510140. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 4 OF 29 INFORMATIONAL 202. Office of the City Clerk REQUEST: The City Clerk wishes to inform the Mayor and City Commission of the results of the November 4, 2014 City of Winter Springs' General Municipal Election. FISCAL IMPACT: There is no Fiscal Impact to be considered with the approval of this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is requested to receive and review the information provided in this Agenda Item There was no discussion on this Agenda Item. PUBLIC INPUT Mayor Lacey opened "Public Input ". Mr. Matt Benton, 414 Cedarwood Court, Winter Springs, Florida: commented on Public Hearings Agenda Item "503" and thought that from a business standpoint this perhaps should not be pursued and that some cities had been sued over this matter. Major Octavious Clark, 153 Rosette Drive, Winter Springs, Florida: as a Coach at Winter Springs High School, Major Clark suggested that we consider bringing the Florida High School Athletic Association Cross Country State Championship to the City of Winter Springs, which could involve 12,000 people coming to the City. Further comments followed on costs, and the potential of thousands of attendees. Mayor Lacey thought this had great potential for the City as an event and stated, "I know you are working with Chris Caldwell, (Director, Parks and Recreation Department) on some of the things the City needs to do — please continue to do that and come back and keep us informed of the progress of things we can do to help." Commissioner Pam Carroll wished Major Clark well; and asked Major Clark to explain his intent to retrace his Grandfather's steps from 1917, when he walked from Quincy, Florida to Central Florida and found a job in this area with the railroads. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 5 OF 29 Commissioner Kevin Cannon thanked Major Clark and mentioned that he had received some RFP's (Request for Proposal's) from a couple of years ago and would forward them on to the City Manager and to Mr. Caldwell for their consideration. Major Clark then shared his recent tours of duty as a Veteran to which Mayor Lacey added that when Major Clark was serving in Afghanistan, Major Clark "Sent to us, a flag that was flown over `Operation Enduring Freedom' which is on display in our lobby here — we thank you for that." -4 Commissioner Jean Hovey also offered her thanks including his service with schools. Mr. Derrick Monroe, 610 Waterfield Way, St. Cloud, Florida: offered his support to Major Clark and noted he was a High School Sports Official, and thought that having Meets and Championships would be very beneficial to this area, with many attendees adding to the advantage of this area. Commissioner Cannon thanked Mr. Monroe for his years officiating with the youth. Mayor Lacey closed "Public Input ". CONSENT AGENDA CONSENT 300. Public Works Department REQUEST: The Public Works Department, Arbor Division, asks that the City Commission approve the request of Rosemary Lombard to remove (1) specimen live oak from her property at 747 Sybilwood Circle. FISCAL IMPACT: If this request is approved, the applicant will pay a $25 arbor permit fee to the Arbor Fund and be required to install (4) replacement credits worth of trees. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Written construction notices will be issued to residents near the construction site approximately one week before construction is scheduled to begin. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 6 OF 29 RECOMMENDATION: Staff recommend that the City Commission approve the request of Ms. Lombard to remove the specimen live oak from her property at 747 Sybilwood Circle. Staff feel that cancellation of an existing homeowner's insurance policy qualifies as a hardship as outlined in Section 5 -8(b) of the arbor ordinance. No discussion. CONSENT 301. Finance and Administrative Services Department REQUEST: City Manager is requesting that the Commission consider approval of Resolution 2014 -22 amending the Fiscal Year 2013 -2014 Budget. This agenda item amends the Fiscal Year 2013 -2014 budget. Although the FY 2013 -2014 original approved budgeted appropriation from the General Fund was (five hundred eighty one thousand sixty eight dollars), it is anticipated that we will not utilize those budgeted reserves and that the General Fund will end the year with a nearly flat appropriation to /from fund balance. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Within five days of approval and adoption of Resolution No. 2014 -22, the Final Budget for Fiscal Year 2013 -2014 will be placed on the City's website [Section 166.241 (5) FS]. RECOMMENDATION: It is recommended that the Commission approve Resolution 2014 -22 amending the Fiscal Year 2013 -2014 Budget. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. MAYOR LACEY REFERENCED AGENDA ITEM "301" AND STATED, "THE AMENDMENT FOR LAST YEAR'S FISCAL BUDGET IS BEING AMENDED TO BASICALLY SAVE THE CITY FIVE HUNDRED AND EIGHTY -ONE THOUSAND DOLLARS ($581,000.00). w� CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 7 OF 29 TO PUT THAT IN PERSPECTIVE, BASICALLY THE CITY STAFF HAD THE AUTHORITY TO SPEND FIVE HUNDRED AND EIGHTY -ONE THOUSAND DOLLARS ($581,000.00) MORE THAN THEY DID, TO BE WITHIN THE BUDGET THAT THE COMMISSION APPROVED AND THEY WERE ABLE TO ECONOMIZE ON THAT AND SAVE THE TAXPAYERS OVER A HALF MILLION DOLLARS. SO I THINK THAT IS AN EFFORT THAT NEEDS TO BE COMMENDED AND APPRECIATED." VOTE: COMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER CANNON: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report was given. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey said to Mr. Caldwell, "Great Veteran's Day. Thank you very much. The evening ceremony was very nicely done by you and your Staff and I think you also had a hand in the morning ceremonies." Mayor Lacey added the day's events were great for the City. K CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 8 OF 29 REPORTS 404. Office of Commissioner Seat One - The Honorable Jean Hovey No Report was given. REPORTS 405. Office of Commissioner Seat Two - The Honorable Kevin Cannon Commissioner Cannon mentioned that twenty -five percent (25 %) of the demographics of Winter Springs are of grade school through college age, that Winter Springs High School has a mentoring program and there is a great need for this. Continuing, Commissioner Cannon said that he would assist in this effort and try to coordinate with various churches, HOA's (Homeowner's Associations) and other organizations to support the high school and that this mentoring effort would just take an hour a week and help the youth and there would be more on this later. Next, Commissioner Cannon noted that the Athletic Association Games topic would probably be brought up again. "I WOULD LIKE TO MAKE A MOTION TO DIRECT CITY STAFF TO EVALUATE THE CITY'S LAND DEVELOPMENT REGULATIONS REGARDING THE FUTURE DEVELOPMENT PERMIT APPLICATIONS AND APPROVALS FOR APARTMENT LAND USES WITHIN THE CITY AND TO PRESENT A RECOMMENDATION TO THE CITY COMMISSION ESTABLISHING MORE DETAILED AND SPECIFIC DEVELOPMENT STANDARDS INCLUDING BUT NOT LIMITED TO REQUIRING THE CITY COMMISSION APPROVAL OF SUCH USES BY CONDITIONAL USE PERMIT." MOTION BY COMMISSIONER CANNON. COMMISSIONER CANNON FURTHER EXPLAINED, "AS AN EXAMPLE, WE HAVE IN THE TOWN CENTER CODE, APARTMENT COMPLEXES THAT ARE PERMITTED USES BUT NOT - SUBJECT TO CONDITIONAL USE PERMITTING WHICH IN SOME INSTANCES GIVES US, I FEEL AS A COMMISSION, THE ABILITY TO FINE TUNE WITH RESIDENT INPUT, LOCATION AND SO FORTH. AND SO MY INTENT IS TO ASK STAFF TO LOOK AT THE FUTURE DEVELOPMENT PERMIT APPLICATION — THIS IS PROSPECTIVE — I WANT TO MAKE SURE, IF THERE ARE ANY CURRENTLY FILED PENDING APPLICATIONS, THIS WOULD NOT APPLY TO THEM." ATTORNEY GARGANESE CONCURRED AND SAID, "BASED ON YOUR MOTION, IT WOULD APPLY FOR FUTURE PERMIT APPLICATIONS NOT APPLICATIONS THAT ARE IN THE DOOR." FURTHERMORE, COMMISSIONER CANNON ADDED, "WITH RESPECT TO APARTMENT COMPLEXES AND THAT SPECIFIC USE, ASKING THE STAFF TO REVIEW MORE DETAILED AND SPECIFIC DEVELOPMENT STANDARDS AND UTILIZE THE CONDITIONAL USE METHOD FOR THAT CONSIDERATION." COMMISSIONER JOANNE M. KREBS ASKED IF A WORKSHOP TO REVIEW THIS WOULD BE HELPFUL, ESPECIALLY WITH SOME OF THE NEWER COMMISSIONERS, AND THAT SHE PERSONALLY LIKED THE IDEA. COMMISSIONER CANNON THOUGHT THE WORKSHOP IDEA WAS A GOOD IDEA AND REMARKED, "I WOULD LIKE SEE A MORE ROBUST IMPLEMENTATION PLAN WITH SOME DEADLINES AND SOME OBJECTIVE PARAMETERS FOR THE IMPLEMENTATION OF THAT STRATEGIC PLAN." DISCUSSION FOLLOWED ON GROWTH, PREVIOUS VISIONING TYPE EXERCISES THAT WERE HELD, AND OPTIONS FOR THE CITY COMMISSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 17, 2014 PAGE 9 OF 29 COMMISSIONER CANNON NOTED HIS CONCERN AND THAT "WE HAVE THE CONDITIONAL USE PERMIT SAFEGUARD — FOR LACK OF A BETTER WORD, OPTION AVAILABLE FOR US AS A COMMISSION." COMMISSIONER CADE RESNICK ADDED THAT HE WANTED TO SUGGEST FOR CONSIDERATION, "TO MAKE ALL OF FUTURE APARTMENT CONCEPTS COMING THROUGH aka. TO RANDY'S OFFICE, TO MAKE THEM CONDITIONAL USE." FURTHER COMMENTS. CONTINUING, COMMISSIONER RESNICK SPOKE FOR THE RECORD ON THIS AND THAT HIS THOUGHTS REGARDING THIS COMING BEFORE THE CITY COMMISSION WERE "I THINK IT ALLOWS US TO KIND OF HELP DEVELOP THE CITY IN THE DIRECTION THAT WE WANT IT TO BE DEVELOPED, WHETHER IT BE DEVELOPMENT, WHETHER IT BE COMMERCIAL, WHETHER IT BE WHATEVER WE SEE THAT IS HAPPENING — THE CITIZENS HAVE CONCERNS, AS DO I." WITH FURTHER DISCUSSION ON A POSSIBLE WORKSHOP, COMMISSIONER CANNON STATED, "I SEE AN ADVANTAGE FOR US AS A CITY TO HAVE THE MOTION MOVE FORWARD AND HAVE STAFF — HAVE A WORK IN PROGRESS. I WOULD ENVISION THAT A WORKSHOP OF THE TYPE WE ARE TALKING ABOUT MR. MAYOR, WODULD TAKE A MONTH AT LEAST OR LONGER TO SCHEDULE, AND I THINK IT WOULD BE ADVANTAGEOUS STRATEGICALLY." COMMISSIONER CANNON ADDED, "I JUST FEEL IT WOULD BE ADVANTAGEOUS FOR US TO HAVE THIS MOTION IN PROGRESS, GRANTING THAT WE PROBABLY WOULDN'T FINALIZE ANYTHING UNTIL AFTER WE HAD THE WORKSHOP." ATTORNEY GARGANESE CLARIFIED, "THE EFFECT OF THIS MOTION WOULD BE TO DIRECT STAFF TO EVALUATE IMPOSING SOME SAFEGUARDS AND STANDARDS ON THE COMMISSION'S ABILITY TO APPROVE FUTURE APARTMENT COMPLEXES; AND AS I UNDERSTAND THE COMMISSIONERS' INTENT IS TO BRING BACK THAT INFORMATION FOR THE CITY COMMISSION TO CONSIDER." SECONDED BY COMMISSIONER RESNICK. DISCUSSION. ATTORNEY GARGANESE RESTATED THE INTENT OF THE MOTION, "AS I UNDERSTAND THE COMMISSIONERS' INTENT, CURRENTLY APARTMENT COMPLEXES ARE PERMITTED USES IN MANY ZONING DISTRICTS. THE COMMISSIONER WOULD LIKE TO EVALUATE IMPOSING SAFEGUARDS AND MAKING THAT USE A CONDITIONAL USE; SO, THE COMMISSION CAN REVIEW IT IN MORE DETAIL BEFORE A FINAL DEVELOPMENT PERMIT IS ISSUED." COMMISSIONER CANNON NODDED AND SAID "EXACTLY — AND I DO LIKE ANTHONY'S ( GARGANESE) PROPOSAL THAT WE SCHEDULE THE WORKSHOP." COMMISSIONER CANNON ADDED, "WE SCHEDULE A WORKSHOP AND PERHAPS AT THAT TIME, YOU COULD ROLL OUT AT LEAST A PRELIMINARY REPORT OR RECOMMENDATION AT THE WORKSHOP TO THE COMMISSION AND TO THE PUBLIC." DISCUSSION CONTINUED AND COMMISSIONER CANNON NOTED, "I WOULD LIKE TO HAVE THE PRELIMINARY DRAFT AND A KIND OF A LARGER WORKSHOP; AND I DON'T KNOW WHAT BURDEN, WHAT TIME LINES THAT WOULD BE FOR YOU, BUT I WOULD LIKE THAT KIND OF SOONER RATHER THAN LATER." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 10 OF 29 FURTHER COMMENTS FOLLOWED ON A PROPOSED WORKSHOP AND MANAGER SMITH SUMMARIZED, "IF WE BELIEVE THAT THIS IS AN IMPORTANT ITEM, LET'S BRING IT FORWARD AS A REGULAR ITEM AT THE NEXT MEETING OR — A MEETING IN JANUARY. THEN WE COULD ALSO SCHEDULE A WORKSHOP TO GO OVER THE MORE COMPREHENSIVE DEVELOPMENT PROCESS." MANAGER SMITH THOUGHT THAT MR. RANDY STEVENSON, ASLA, AICP, DIRECTOR, COMMUNITY DEVELOPMENT DEPARTMENT COULD ALSO ADDRESS THE CITY COMMISSION IN A LESS FORMAL SETTING. MAYOR LACEY REMARKED, "AS I UNDERSTAND THE MOTION, IT PERMITS THE COURSE THAT YOU JUST DESCRIBED." Mayor Lacey opened "Public Input" Mr. Mike Cannel, 221 Torcaso Court, Winter Springs, Florida: asked about "Conditional Use" and said he was in favor of such. Mayor Lacey closed "Public Input ". MANAGER SMITH NOTED, "JUST WANT TO MAKE SURE THAT THE DAIS UNDERSTANDS THAT IF THIS MOTION DOES GO FORWARD, THAT THESE RULES WOULD BE TEMPORARILY IN PLACE UNTIL THE ORDINANCE COMES BACK FOR YOUR APPROVAL; SO, ANY NEW PROJECTS THAT ARE SUBMITTED, WOULD FALL UNDER THIS PENDING ORDINANCE CATEGORY." COMMISSIONER KREBS SAID, "RIGHT." VOTE: COMMISSIONER CARROLL: AYE COMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE "$]I yT110re" _ 7-0 Further brief comments. REPORTS 406. Office of Commissioner Seat Three - The Honorable Pam Carroll Commissioner Carroll commended the City, Mr. Caldwell and all who participated in the Veteran's Day event, and mentioned some of the highlights. REPORTS 407. Office of Commissioner Seat Four - The Honorable Cade Resnick Commissioner Resnick agreed with the previous comments on the Veteran's Day event and thanked Meritage Homes for their contributions. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 11 OF 29 Secondly, Commissioner Resnick spoke of the Florida League of Cities Policy Committee that he serves on and noted that related to stormwater fees — "Apparently forty-seven (47) counties — school boards, community colleges, and some universities have not been paying their stormwater fees which is having a drastic impact on all local municipalities that are affected." Commissioner Resnick added, "The Florida League of Cities supports legislation revising Florida Statutes to clarify that all users of the stormwater utility including government entities are required to pay stormwater charges that pay the cost of operating such a utility." REPORTS 408. Office of Commissioner Seat Five - The Honorable Joanne M. Krebs Commissioner Krebs mentioned that the Tri- County League of Cities Distinguished Awards will be held on Friday, November 21, 2014. Next, Commissioner Krebs commented on Veteran's Day, the recipient of the Meritage Homes residence award, and asked Mr. Caldwell if the recipients of the residence award had been asked to participate in the City's upcoming parade. Mr. Caldwell stated that he had been in contact with the recipients and "We do plan on having them as part of our parade." Commissioner Krebs asked about the proposed Workshop discussed earlier and whether dates should be considered. City Manager Kevin L. Smith remarked that considering the approach discussed, "If it is okay, could we come back in December, schedule some meetings. Again, give Randy time." Commissioner Krebs said, "Absolutely." Next, Commissioner Krebs stated, "We have done this in the past and I am requesting the Commission to have the Mayor present the Key to the City to Rick Brown for his time of service here. So, I guess that would have to be a Consensus for the Mayor to see — I don't think anybody objects to that." Continuing her Report, Commissioner Krebs mentioned she wanted to take over the Coffee with Citizens that Commissioner Rick Brown used to hold and that they would begin at 8:00 a.m. on Mondays at the local Winter Springs McDonald's. Discussion followed on Commissioners attending, noticing this coffee event and other such events, posting procedures, meeting parameters of the Sunshine Law, and attendance by the City Commission at various types of meetings. Using the Planning and Zoning Board/Local Planning Agency as an example, City Attorney Anthony A. Garganese stated this is a "City meeting, it's advertised, Minutes are taken. City Commissioners could attend the Planning and Zoning Board[/Local Planning Agency] meeting and if they wanted to provide input at the meeting, which I don't recommend, they could do so without violating the Sunshine Law. The Sunshine Law would prohibit one on one conversations with the City Commission at that type of venue. If the City Commissioners wanted to show up at a School Board meeting and be heard on issues that might affect the City, I think because that is a public meeting, it's publicly advertised, so Commissioners could participate in a School Board meeting but they can't have those one on one conversations. It's the `Commissioner to Commissioner' that generally is prohibited." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING — NOVEMBER 17, 2014 PAGE 12 OF 29 Further comments. Tape 1 /Side B Discussion followed that even if an event is posted, and two or more Elected Officials from the same body are attending, that one on one conversations should still not take place. Commissioner Resnick mentioned that just because Commissioner Krebs will now be holding a coffee with citizens, that other Elected Officials could still hold their own similar event at another time. Related to City Staff attending, Commissioner Krebs stated, "I wouldn't require City Staff to be there. If City Staff wants to be there on their own time, that is fine." Additional remarks continued on intentions and expectations of Staff. Commissioner Krebs remarked, "I am going to leave it up to whoever wants to come. And if they want to come fine. If they don't, that's fine too. But, I am going to be there for the citizens." Commissioner Carroll noted that Commissioners can also be contacted by telephone or emailed. Continuing, Commissioner Krebs added, "I will personally say to the City Manager — `You do not have to come'." Commissioner Krebs then said to Chief Brunelle, "You do not have to be there. If you would like to be there, by all means. But please don't think for one moment — that I expect you to be there or that I want you there. It is totally up to you." Commissioner Cannon said, "I do think that it's any opportunity that we have to make ourselves available for residents, whether it is for coffee in the morning or wherever, is a good thing." Furthermore, Commissioner Cannon mentioned, "I am going to have regular meetings for anyone in the City, to come and meet with me and just sit down and talk with me on any issue of concern, City or otherwise." Attorney Garganese then remarked, "If a City Commissioner is organizing a meeting, for constituents, my advice to the other Commissioners and Mayor, stay away." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission continue to a date certain of December 8, 2014 a Preliminary Site Plan (PSP) for a 338 unit apartment complex located on the northeast corner of the intersection of State Road 434 and Michael Blake Boulevard. FISCAL IMPACT: Development of the property will provide an increase in taxable value to the City, and will provide additional population in the Town Center which will increase the Town Center's demographic base and strengthen the support for business and future commercial development within the Town Center. Per Policy 2.3.3 of the Future Land Use Element of the Comprehensive Plan, a detailed fiscal impact analysis will be provided as part of the December 8, 2014 City Commission agenda item. Staff is currently running this project through the City's Fiscal Impact Model. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING- NOVEMBER 17, 2014 PAGE 13 OF 29 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 R 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 M, additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. A community meeting was held with representatives of the applicant and the developer on August 21, 2014 to solicit input and answer questions in regards to this project. Additionally, the property has been posted with a large yellow sign noting the date and time of the public hearings. An additional meeting with concerned residents is scheduled for November 14, 2014. RECOMMENDATION: The Community Development Department — Planning Division requests the City Commission postpone, to a date certain of December 8, 2014, to permit the applicant to host a second workshop with concerned citizens to solicit input on design of the project and to permit the applicant a sufficient amount of time to make design changes to the Preliminary Site Plan (PSP) that are based on the outcome of the workshop. As noted at the beginning of the meeting, this Agenda Item was not heard. PUBLIC HEARINGS 501. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission consider approval of: 1) Final Engineering Plan, and 2) Aesthetic Review for Dunkin Donuts, a 6,883 square foot building with a 2,310 square foot Dunkin Donuts restaurant and three associated retail bays located on the southeast corner of the intersection of State Road 434 and Stone Gable Circle. FISCAL IMPACT: The potential tax revenue of the proposed project is estimated as follows: 6,883 square foot Dunkin Donuts restaurant and associated retail uses assessed at approximately $775,000 $775,000/1000 = $775 $775 x (2.54) = $1,968.5 $1,968.50 (less the 4% statutory discount) = $1,889.76 tax revenue Taxes Daid on vacant land now (data obtained from Seminole Countv Property ADDraiser $219,544 assessed value for entire parcel $219,544 assessed tax value 219,544/1000 = 219.544 219.544 x 2.54 = 557.64 $557.64 tax revenue Total Potential Tax Revenue: $ 2,447.40 (1889.76+ 557.64 = 2447.40) CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 14 OF 29 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. On October 15, 2014, the applicant mailed the Stone Gable homeowners association president a packet and letter in regards. to the proposed development. Additionally, the property has been posted with a large yellow sign noting the date and time of the public hearings. RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of: 1) Final Engineering Plan, and 2) Aesthetic Review for a 6,883 square foot building with a 2,310 square foot Dunkin Donuts restaurant and three associated retail bays located on the northeast corner of the intersection of State Road 434 and Stone Gable Circle. Mr. Bobby Howell, AICP, Planner, Community Development Department introduced this Agenda Item for discussion and gave an overview of the proposed project. Next, Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on traffic matters. Discussion. Commissioner Krebs asked Mr. Fields about his contacting Seminole County Public Schools on the bus stops and it was noted that the designated locations were what was preferred. Commissioner Krebs then mentioned, "Those other stops on (State Road) 434, what commercial development is around them? And - if there are any commercial pieces, are those commercial pieces affected during peak hours, like this would be ?" Mr. Fields responded, "That is something I'd have to come back with." Further discussion followed on bus stops, traffic, and a -turn maneuvers. Chief of Police Kevin Brunelle, Police Department addressed the City Commission Commissioner Carroll asked if potential customers will be able to back out of spaces with consideration of incoming traffic and the potential customers. Mr. Bob Ziegenfuss, P.E., L.E.E.D. AP, President, Z Development Services, 708 East Colonial Drive, Suite 100, Orlando, Florida: addressed the City Commission and referenced parking spaces which would primarily be for employees. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING —NOVEMBER 17, 2014 PAGE 15 OF 29 Discussion followed on traffic peak times, possible cross - access, decibel sound factors, and landscaping near the wall; to which Mr. Ziegenfuss remarked, "That is an important thing to note - that's something that's not mentioned that provides some more dampening effect to the sound as well. You'll notice along the western, southern, and eastern property boundaries, there are some fairly mature oak trees that have been on this property since — the subdivision was originally developed. And, as part of our site planning process, we have proposed to save those trees. Along the southern property line, which is the one of concern in our discussion here with the menu board, what the Applicant has also agreed to do is in lieu of putting in shrubs which would be thirty -six to forty -eight inches (36" - 48 ") tall — in lieu of that - we're going to be installing some additional trees interspersed between those Live Oaks as well. There'll be additional trees that will be installed rather than a low -lying three (3) or four foot (4) shrub; and a six foot (6) wall really doesn't do any good. You want something that is going to grow and canopy above that six foot (6) wall height, and so the Applicant has agreed to install some additional landscaping along that property line." Tape 2 /Side A Commissioner Cannon suggested altering the design by flipping the proposed plan, and having the drive -thru window facing State Road 434 in an effort to lessen noise pollution for residents nearby. Concerned with traffic congestion, Commissioner Cannon asked how many vehicles were anticipated to stack at the drive -thru window. With comments on estimated 120 trips per hour during peak times, Mr. Ziegenfuss noted, "First of all, let me state that the number of vehicles we're talking about during peak times — the traffic studies that are done and the estimation of vehicles into and out of this facility include those other three (3) Future Uses, as well. So, those are not strictly all Dunkin' Donuts customers, the number of passenger vehicles and trips as they call it, that are coming into and out of the site." Commissioner Cannon then commented, "If I don't know what other businesses are going to be in here, how can you tell me with any reasonable engineering certainty, the number of people coming in there ?" Mr. Ziegenfuss responded, "The Institute of Transportation Engineers (ITE) has handbooks available that are utilized for this. In this particular case, this is known as a specialty retail center and the purpose of that category is for just this type of thing. As is common, and as we know, in the [I 9]'80's and [19]'90's a lot of strip retail centers were put in, and this is when that category was created. So, it anticipates a mixture of different Uses that go into those types of facilities." Furthermore, Mr. Ziegenfuss remarked, "Specifically to this property, the Developer has also agreed that those three (3) additional spaces, there will not be any other restaurants in there. There are several different reasons for that. One is obviously competition, the other is that the parking as has been calculated per the City's Code, would not support another restaurant Use in here. So, you're going to be seeing more typical standard retail Uses." Commissioner Cannon inquired, "What about a day care ?" Mr. Ziegenfuss responded, "I have day cares as clients and I can tell you knowing them and their competition, those square footages will not support a modern day care facility." Continuing, Commissioner Cannon mentioned again the possibility of flipping the facility's design and wondered if that was feasible. Mr. Ziegenfuss noted he would need to further review the suggestion, and commented on a couple of potential issues. Nam CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING- NOVEMBER 17, 2014 PAGE 16 OF 29 Commissioner Cannon then asked, "How many tables are going to be in the Dunkin' Donuts ?" Mr. Ziegenfuss responded, "The exact number I don't know off the top of my head but generally speaking, there are fourteen to twenty (14 -20) seats." Commissioner Cannon mentioned his comments came from concerns with sounds coming from cars when ordering at the menu board and orders being picked up. Continuing, Commissioner Cannon asked if it were possible to construct a bus turnout near the entrance of Stone ' Gable for the school buses. Mr. Fields stated that he has not seen bus turnouts used specifically by public school buses. Mr. Ziegenfuss addressed Commissioner Cannon's comments and the plan, and stated, "We'd have to figure out what to do with the sidewalk but from the curb line to the property line, I would estimate that that is wide enough to provide that lane without coming on to my Client's property or the properties." Commissioner Cannon added, "If DOT (Department of Transportation) was good with this proposal of a bus loading lane, would your Client be willing to allow shifting the sidewalk onto their property? It probably would encroach about four feet (4'), maybe five (5') feet." Mr. Ziegenfuss responded, "Yes. I would foresee the need for a sidewalk Easement probably. I think you would be able to fit the whole lane in the right -of -way and that you'd probably be looking at a sidewalk Easement coming onto the property and his answer to that is `Yes' as I've seen here. The only thing I would say is we would need to discuss with City Staff, there would be some other implications such as the width of the landscape buffer that's required along State Road 434, would be affected by that, so there would need to be some further discussions but I think it is discussable." With continued remarks, Commissioner Cannon stated, "Brian (Fields), I don't know if that is doable or not, but, I would like to explore that if we could." Mr. Fields stated, "We'd have to get with DOT (Department of Transportation) to see if that's an option. I think the fundamental concern we heard from residents was for students to get to the bus stop." Commissioner Resnick asked, "Have there been arrangements for garbage pick -up at a specific time that does not interfere with the residents ?" Commissioner Hovey added that the Winter Springs Police Department is currently working with the garbage and recycling companies to ensure they are collecting trash at appropriate times, and not too early of a morning. Additionally Commissioner Resnick suggested a partnership with the garbage company to assure that garbage collection will not occur during the early morning hours or peak traffic hours and asked, "Has that conversation taken place at all ?" Mr. Ziegenfuss responded, "No, Sir, that conversation has not taken place but we would certainly be willing to have it." On the dumpster for this proposed project, Mr. Ziegenfuss stated, "It is a dumpster enclosure so it's going to have a six foot (6) screen wall around it." Commissioner Resnick voiced his concerns about adjacent light spillage. Mr. Ziegenfuss pointed out the site and stated, "The closest one to the residential and I think it's the only one, no there are two (2). There is one that is at the head of this island here and there is another at the head of that island there. So, we've located them as far into the parking lot as we can, away from the southern property boundary and what they have is they call it a `cutoff fixture, so you'll have a shield on the back of that fixture that extends down below, they call it a `box' fixture. It's a typical light fixture and it'll have a shield so that it stops the backwards glare of that light and shoots it forward into the parking lot, rather than backwards into the residential." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 17 OF 29 Next, Commissioner Carroll stated that she wondered if the Developer and the Stone Gable community had met as mentioned before. Mr. Ziegenfuss mentioned that he did send a letter, on October 15, 2014, to the Stone Gable Homeowners Association President to solicit input from their community and noted, "I received one (1) phone call to discuss the project and in that phone call a neighborhood meeting, as you would call it, was not discussed. _ We discussed that at the previous hearing on this project here a couple of weeks ago and we would certainly be willing to do that." Additional comments. doz r".36 Referencing residents' concerns, Commissioner Carroll mentioned that the biggest concerns were the driveway on Stone Gable Circle and the children's safety. Commissioner Carroll asked if removing the entrance on Stone Gable Circle and if widening the State Road 434 entrance was feasible. Mr. Ziegenfuss stated, "The main concern there is safety to be honest with you. Some folks have gotten up here and spoken about the left turn movement at the peak hour and then having to traverse two (2) lanes of traffic to get to the outside lane and make that right turn — we just don't feel that's a safe movement. In my engineering judgment, I just don't think that's a safe movement for people to be making." Discussion followed with Commissioner Carroll on u -turn movements, traffic, on site circulation, and how the facility would handle the anticipated vehicles stacking in the drive -thru queue. Mr. Ziegenfuss noted that "For the highest grossing units (of Dunkin' Donuts) in central Florida during a two (2) hour period between - 8:00 (a.m.) — 10:00 (a.m.), is seventy -five (75) vehicles and that's at a peak, one of the busiest Dunkin' Donuts in central Florida." Referencing general stacking requirements, Mr. Ziegenfuss stated, "The numbers become six (6) and eight (8) very frequently as far as the number of stacking spaces required in a drive -thru facility. This particular one will have room for eight (8) and that would be, that eighth vehicle would be at the southwest corner of the building." Next, Commissioner Krebs brought up environmental factors, noise pollution and sound barriers. Discussion followed on potential sound barriers around the menu board, emphasizing both the importance of its effectiveness and aesthetics. Commissioner Krebs then asked, "Is the drive -thru open from 4 a.m. to midnight? I guess the drive -thru is always open there..." Mr. Ziegenfuss stated, "...Yes it is. And we'd be willing to look at some other options. I think a PVC (Polyvinyl chloride) fence probably wouldn't be the solution..." "Commissioner Krebs agreed with this and said "...No." Mr. Ziegenfuss remarked, "There might be some other options that we can explore. It's something that we'd have to take a look at..." Commissioner Krebs stated, "...1 really would like to see you explore something like that." Further regarding potential sound barriers, Commissioner Krebs suggested, "I believe that if you look and you are really innovative, you could probably find some really cool screening that..." Mr. Ziegenfuss agreed and said, "...That's what I am thinking. Something that's more aesthetically pleasing in addition to the sound dampening effect." Commissioner Krebs remarked, "Right. Something that you could grow even shrubbery on it or things like that on it - that actually enhance the area but..." Mr. Ziegenfuss added, "...Provide the sound buffering." Commissioner Krebs commented further, "For the citizens who are over here, that that would really help and maybe just maybe slightly around this curve would help — contain the sound, rather than allowing it to bounce. The spillover from that would hopefully be caught by the other shrubs..." Mr. Ziegenfuss noted, "...and your screen with the vegetation on that is a greater dampening effect." Further, Mr. Ziegenfuss stated, "That was the thing that popped into my head as a possible idea. So, it's certainly something that we'd be willing to review with Staff and provide something." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 18 OF 29 Commissioner Krebs acknowledged, "It really sounds like you are trying to do something — you are trying to work..." Mr. Ziegenfuss agreed, "...Absolutely..." Commissioner Krebs continued, "...With the community and I like seeing that, but I really do — I really would like to see something there, just a little bit more." Mr. R Ziegenfuss stated, "Absolutely. I think that that's something that's very feasible." , 4 Continuing, Commissioner Cannon said he also liked the screening idea, and pointed out that "It is going to have to extend around — for all these residents on the east side, it is going to have to extend around to the pick -up window." Mr. Ziegenfuss said, "Agreed." . With further comments, Commissioner Cannon asked, "Would your client be willing to do a simple Development Agreement that would include some of these things ?" Mr. Ziegenfuss replied, "I think we could look at it — to answer for him, I think it would probably depend on what the content of that Developers Agreement is." Commissioner Cannon remarked about the need for more businesses in the City and to be sensitive to the City's residents and stated, "Because of the close proximity to these homes, we owe it to the residents that are there and the tax base that is already there, to have a Developer's Agreement, very simple, that if there is a substantial change in ownership or operation, it comes back to us so that we can put whatever safeguards that the residents need." Continuing, Commissioner Hovey agreed with the screening and buffering suggestions near the menu board, and asked if there would be landscaping along the east side of the wall, in addition to what was planned for the south side. Mr. Ziegenfuss confirmed, "Yes. I apologize. That was what was discussed as the south and east side - between us and the residential properties." Mayor Lacey opened the "Public Input" portion of the Agenda Item. Ms. Yolanda Rosario, 122 Stone Gable Circle, Winter Springs, Florida: commented that the Stone Gable residents were united, and that they had asked the Developer to make a simple change which would remove any risk factors. Mr. John Poor, 164 Stone Gable Circle, Winter Springs, Florida: referenced the recent Planning and Zoning Board/Local Planning Agency meeting when this project was discussed, the hope that the entrance into their community could be eliminated, the changes to the area since the Stone Gable community was built, and landscaping and visibility matters. Mr. Rob Moody, 100 Stone Gable Circle, Winter Springs, Florida: summarized his concerns about child safety, traffic concerns when entering and exiting the planned project, and hoped a Traffic Study and impact assessment could be done. Ms. Veronica Chong, 156 Stone Gable Circle, Winter Springs, Florida: commented on the entrance to this community and potentially increased traffic issues, west bound traffic and the potential for stacked customers at the proposed project, in addition to possible issues with other stores on this parcel. Ms. Suzanne Horn, 128 Stone Gable Circle, Winter Springs, Florida: spoke of the outparcel and what other businesses may go on this property, the potential for more traffic and related issues, the entrances previously mentioned which could cause increased auto accidents; and suggested the Developer remove the proposed entrance which would be connected to the entrance to their community. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING — NOVEMBER 17, 2014 PAGE 19 OF 29 Ms. Nicole Moody, 100 Stone Gable Circle, Winter Springs, Florida: voiced her concern with possible traffic issues, safety of children walking to the school bus stop, possible impact to home values, not being made more aware of this planned project, and hoped that the outparcel be eliminated from their entrance. Ms. Nayda Vazquez, 151 Stone Gable Circle, Winter Springs, Florida: commented that many neighborhood children play in the street due to the small lots, and that increased traffic could cause serious safety concerns. Tape 2 /Side B . ' Mr. Richard Sollie, 114 Stone Gable Circle, Winter Springs, Florida: thanked the City Commission for their email responses, spoke about potential traffic and safety issues, their hope for an east bound deceleration lane which they have been told is not possible, and the safety of area children. Mr. Blake Bassett, 153 Stone Gable Circle, Winter Springs, Florida: spoke on potential loudness from the speaker box and protecting the neighborhood from noise pollution, safety concerns with stacked cars from the drive -thru lane, and wondered if any of the vacant retail spaces in the City have been looked at instead of the Applicant building a new building. Mr. Larry Bonner, 108 Stone Gable Circle, Winter Springs, Florida: representing the Stone Gable Homeowners Association, Mr. Bonner referenced a PowerPoint presentation and spoke of safety and traffic concerns. Mr. Ricardo Rodriguez, 122 Stone Gable Circle, Winter Springs, Florida: referenced a PowerPoint presentation and showed how the area has developed over the years, and noted that safety is very important to their community. Mr. Steve Mirizio, 1628 Thornhill Circle, Oviedo, Florida: spoke on behalf of his daughter that lives at 100 Stone Gable Circle, hoped that the Developer would remove the west side entrance, expressed his concerns about safety and thought that their community could have known more about this planned project. Mr. Robert Johnson, 104 Stone Gable Circle, Winter Springs, Florida: mentioned potential traffic conflicts at the entrance of the Stone Gable community. Mayor Lacey closed the "Public Input "portion of the Agenda Item. Commissioner Resnick remarked that removing the entrance on Stone Gable Circle may perhaps increase traffic flow through the Stone Gable community, briefly inquired about signage for the facility, and highlighted the economic advantage of having four (4) retail spaces instead of just one (1) in the Planned Unit Development (PUD). To the residents, Commissioner Resnick said, "As we watch this grow, a lot of our concerns — I am just sharing with you from my experience — a lot of the concerns you have right now will be quelled soon. As for the safety, I will let that continue up on the dial — I have concerns for that, too." Discussion followed on turns, Economic Development opportunities, that the traffic into this proposed project was not necessarily going to be as extensive as discussed, that a deceleration lane was not feasible, how to best include various points of concern in a Development Agreement, past causes of traffic accidents, that a Development Agreement would protect nearby communities and the City, and should this matter be further addressed after a Development Agreement is put together. Attorney Garganese suggested, "I would recommend postponing this to the next meeting which is a date certain. You've already taken `Public Input'. I would work with Staff and the Developer." Attorney Garganese noted he would then come back with a written document for consideration. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 20 OF 29 Discussion. "MOTION TO TRY TO GET US TO EXTEND FOR HALF AN HOUR AT LEAST THROUGH THIS ONE (1) ITEM FOR THE EVENING." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER CANNON. DISCUSSION. Attorney Garganese stated, "Point of Order" and referenced the other Public Hearings on tonight's Agenda and suggested they be handled, even ifjust to be postponed to a date certain which would preserve any advertising. COMMISSIONER RESNICK AMENDED HIS MOTION TO INCLUDE THIS. COMMISSIONER HOVEY STATED, THAT WOULD INCLUDE "502" AND 6650399. HEARING NO OBJECTIONS, MAYOR LACEY STATED, "BY UNANIMOUS CONSENT THE MOTION IS AMENDED TO INCLUDE JUST FOR THE PURPOSES OF POSTPONEMENT, ITEM `502' AND `503'." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. Discussion followed on a second entrance and a possible new review /study, to which Mr. Fields stated, "I'm not sure what the scope would be of an additional study for that entrance that would warrant a further review. If the entrance were closed, then we would need to go back and the Traffic Study would need to be updated, the Site Plan would need to be updated, that would be an additional review." Commissioner Resnick suggested, "I think it is something that is important to further a request from the people living in there. I think we could do the study, bring back the answer to both, and make an informed decision." Commissioner Carroll said to Commissioner Resnick, "I concur with you." Discussion followed. Mr. Fields further explained, "There are maybe two (2) different items here. One (1) is the DA (Development Agreement). That's going to address particular concerns in a document, and run with the property on hours of operation. The decision on the entrance, that's a revision to the plans and an updated Traffic Study would have to be submitted and reviewed by Staff — that's a significant revision. One of my concerns with that — on the current Site Plan there are three (3) points of entry to the site, right in at Stone Gable, right in at the entrance, and left in on (State Road) 434. You'd be creating a site with one (1) point of entry." Continuing, Mr. Fields then mentioned, "That's just a substantial change and without seeing that in a Traffic Study, that's a significant change to their plans. That's not something that can be in a DA (Development Agreement), that's something they would need to review and submit to Staff and then we would come back to you. So, it's my recommendation to come back with — here's how this plan could work or not work." Commissioner Carroll stated, "That is one I would like to see." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING — NOVEMBER 17, 2014 PAGE 21 OF 29 Tape 3 /Side A Discussion followed on access, entrances, and how long another analysis would take. Mr. Fields pointed out, "The current configuration is safer, provides better access, and recognizing that, it would be a significant adjustment needed for the residents, just based on the volume of traffic that's coming in. One option would be to keep the driveway and come back in a period of time after it's in — this is something you could put in the Developer's Agreement, and analyze it, have a Traffic Study performed by Staff and /or the Applicant, and come back to the Commission with some recommendations based on what the conditions are." With further comments, Commissioner Cannon remarked, "Brian (Fields) suggested that we could - do a re- evaluation say in twelve (12) months. Is that something that can be included in a Development Agreement ?" Attorney Garganese responded, "Certainly, we could address something like that." Commissioner Cannon noted, "I have done some of my own research and I think the three (3) points — probably is the safest." Commissioner Krebs added, "Yes." Commissioner Cannon added, "I also think having a Development Agreement with the reassurances as a mechanism to protect the quality of the community since this abuts right up against Stone Gable, is a necessity." Commissioner Hovey referenced a similarity with Cortez Avenue, a local business, and Winter Springs Elementary School. Chief Brunelle addressed traffic situations related to Commissioner Hovey's comments and keeping children safe. "I MOVE THAT WE POSTONE AGENDA ITEM `501' FOR THE PURPOSE OF STAFF WORKING WITH THE APPLICANT TO DEVELOP LANGUAGE OF A DEVELOPMENT AGREEMENT AND I KNOW ANTHONY (GARGANESE) HAS BEEN TAKING NOTES ON THE KEY AREAS OF CONCERN THAT HAVE BEEN DISCUSSED BETWEEN THE APPLICANT AND THE COMMISSION." COMMISSIONER CANNON ADDED, "MOTION TO POSTPONE UNTIL THE DECEMBER 8Tx, (2014) MEETING." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MAYOR LACEY CLARIFIED, "THE MOTION IS TO POSTONE ITEM `501' TO DECEMBER 8Tx, (2014) IN ORDER FOR STAFF TO WORK WITH THE DEVELOPER TO WORK OUT A DA (DEVELOPMENT AGREEMENT) ALONG THE LINES OF DISCUSSIONS HERE." VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 22 OF 29 PUBLIC HEARINGS C= 502. Community Development Department - Planning Division 17 REQUEST: The Community Development Department — Planning Division requests the City Commission consider first reading of Ordinance 2014 -34, the re -write of the State Road 434 Corridor Vision Plan. FISCAL IMPACT: While there is no direct fiscal impact to the City, staff is of the opinion that the proposed new code language will facilitate more diversified development and increase the chance of local businesses remaining u viable over the long term, which will have a positive fiscal impact to the City's tax base. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on November 6, 2014. 19 X4163u-luf�i 1J�IMT11�la On November 5, 2014, the Planning & Zoning Board unanimously voted to recommend approval of Ordinance 2014 -34 with the motion that the maximum building height of five (5) stories proposed in Section 20 -464 of Ordinance 2014 -34 be reduced to three (3) stories. Staff recommends the City Commission approve first reading of Ordinance 2014 -34, the re -write of the State Road 434 Corridor Vision Plan as originally proposed, with a maximum building height of five (5) stories as noted in Section 20 -464, and move said ordinance forward to second and final reading. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2014 -34 by "Title" only. This Agenda Item was briefly addressed by Mr. Howell. Discussion followed on parking, especially in the Town Center, and minimum standards. Mr. Stevenson suggested that Staff was looking to "Customize it for lack of a better term, so we can have the ability to address specific Uses." Commissioner Cannon asked Attorney Garganese about enforceability and asked Attorney Garganese, "If we say `No', and then a Developer challenges us, where do we stand ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 23 OF 29 Attorney Garganese noted, "I want to go back and look at the Town Center Code that's cross referenced to be able c to advise the Commission whether the standards in 20 -324 (8) a., d., and f. would be appropriate standards outside of the Town Center; because I think there's a small little error here in the way this is worded and I think your intent is that the parking and driveway standards on the (State Road) 434 Corridor would mirror what's in the M Town Center District Code; and that's not quite what this says. So, we need to go ahead and revise that language but I want to go back in that context to review the Town Center Code." Attorney Garganese added he could review this "Before the Second and Final Reading." Mayor Lacey opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "I WILL MAKE A MOTION TO MOVE TO SECOND READING WITH THE CAVEAT THAT THE CITY ATTORNEY COMES BACK." MOTION BY COMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. MAYOR LACEY SUMMARIZED, "IS THE MOTION TO APPROVE — TO APPROVE THE ORDINANCE SUBJECT TO THE STAFF'S RECOMMENDATION ?" COMMISSIONER HOVEY AND COMMISSIONER KREBS STATED, "YES." FURTHERMORE, MAYOR LACEY REMARKED, "WITHOUT ANY OBJECTION, THE MOTION IS AMENDED." VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Lacey noted, "Approved on First Reading." PUBLIC HEARINGS 503. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission consider first reading of Ordinance 2014 -33, which proposes to regulate the retail sale of dogs and cats in the City of Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING- NOVEMBER 17, 2014 PAGE 24 OF 29 FISCAL IMPACT: There is no direct fiscal impact to the City associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item was advertised in the Orlando Sentinel on November 6, 2014. I -ax a lu u "L ZVIT17►0 At the request of staff, the Planning and Zoning Board recommended approval of Ordinance 2014 -33 to the City Commission. Presently, staff recommends that the City Commission review the Ordinance on first reading and direct staff on whether to proceed to second reading of the ordinance. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2014 -33 by "Title" only. This Agenda Item was introduced by Mr. Howell. Mayor Lacey suggested, "I would request a Motion to extend another ten (10) minutes." "SO MOVED." MOTION BY COMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Mayor Lacey opened the "Public Input" portion of the Agenda Item. Mr. Bryan Wilson, 701 Heather Lane, Winter Springs, Florida: said this was an important Ordinance and thought that only a few issues had been posed against similar Ordinances, and such were brought on by pet stores; and that there are no stores that sell pets in Winter Springs. Ms. Carla Wilson, 702 Heather Lane, Winter Springs, Florida: thanked the City Commission for considering this matter and also mentioned it was an important issue for the City. Mayor Lacey closed the "Public Input" portion of the Agenda Item. ass_ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 25 OF 29 "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. MOTION DIED FOR LACK OF A SECOND ❖4:• AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NOT DISCUSSED DURING THIS MEETING. ❖ ❖ REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk requests that Commissioner - Seat One and Commissioner - Seat Two consider making an Appointment(s)/Reappointment(s) to the Bicycle and Pedestrian Advisory Committee related to Terms of Office which will be expiring in November 2014. FISCAL IMPACT: There is no noted Fiscal Impact to any Appointment(s)/Reappointment(s) related to the Bicycle and Pedestrian Advisory Committee as noted in this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. In late September 2014, all of the Bicycle and Pedestrian Advisory Committee Members were reminded and contacted that their Terms of Office were expiring in November 2014. As noted previously, the Mayor and City Commission have been provided with the same information, along with any Applications that have been submitted, all for the City Commission's consideration. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 26 OF 29 RECOMMENDATION: An individual Motion is requested for each Nomination please. Appointments/Reappointments to be made by: Commissioner - Seat One Commissioner - Seat Two Any Appointment(s)/Reappointment(s) for either of these Seats that are not made at this Meeting, can be placed on the next City Commission Agenda, if so desired. REGULAR 601. Office of the City Clerk REQUEST: The City Clerk requests that Mayor Charles Lacey and Members of the City Commission (depending on the applicable Seat) consider making the following Nominations for Appointment(s)/Reappointment(s) to the Parks and Recreation Advisory Committee related to their Terms of Office which will be expiring in January 2015 FISCAL IMPACT: There is no noted Fiscal Impact to any Appointment(s)/Reappointment(s) related to the Parks and Recreation Advisory Committee as noted in this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. In late October 2014, all of the Parks and Recreation Advisory Committee Members were reminded and contacted that their Terms of Office were expiring in January 2015. We have heard from most of the current Parks and Recreation Advisory Committee Members as noted in this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 27 OF 29 Furthermore, the Mayor and City Commission have been provided with the same information, along with any Applications that have been submitted for the current Parks and Recreation Advisory Committee Members who would like to be ReAppointed, and additional Advisory Board and Committee Applications - all for the Mayor and City Commission's consideration. RECOMMENDATION: An individual Motion is requested for each Nomination please. Appointments/Reappointments to be made by: Seat One: • Seat currently held by Mr. Arnie Nussbaum (who is interested in being ReAppointed to a second Term of Office) Seat Two: • Seat currently held by Mr. Arthur Gallo (who is interested in being ReAppointed to a second Term of Office) Seat Three: • Seat currently held by Mr. Arsenio Calle (who is interested in being ReAppointed to a second Term of Office) Seat Four: • Seat currently held by Ms. Yvonne Froscher Seat Five: • Seat currently held by Mr. Ken Greenberg (who is interested in being ReAppointed to a new Term of Office) Appointments/Reappointments to be made by the Mayor and/or any Commissioner: At Large Seat: • Seat currently held by Mr. James Van Kleunen (who is interested in being ReAppointed to a new Term of Office) At Large Seat: • Seat currently held by Mr. Rick Lecky (who is interested in being ReAppointed to a new Term of Office) At Large Seat: • Seat currently held by Mr. Louis Chaves (who is interested in being ReAppointed to a new Term of Office) CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 17, 2014 PAGE 28 OF 29 At Large Seat: • Seat recently held by Ms. Clare Mumey Any Appointment(s)/Reappointment(s) for any of these Seats that are not made at this Meeting, can be REGULAR 602. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission consider nominating the next Deputy Mayor as stipulated in the Charter of the City of Winter Springs, consistent with actions in the past. FISCAL IMPACT: There is no specific fiscal impact to this Appointment. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is being requested to Appoint a Member of the City Commission to serve as the next Deputy Mayor. PUBLIC INPUT CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING — NOVEMBER 17, 2014 PAGE 29 OF 29 ADJOURNMENT 9 Mayor Lacey adjourned the Special Meeting at 9:02 p.m. ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the , 2014 City Commission Regular Meeting.