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HomeMy WebLinkAbout2018 06 11 City Commission Official Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA `r1NT4TZ: S v � Incorporated • I959 • O WE�RJ��C CITY COMMISSION OFFICIAL MINUTES 11E'G All I11;1�7'1NG MONDAY. JITNI; 11, 24118 - 5:1 5 111.31. CITY OF WINTER SPRINGS — SENIOR CENTER 400 NORTH EDGEMON AVENUE, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Cade Resnick - Seat Four Commissioner Jean Hovey - Seat One Commissioner Kevin Cannon - Seat Two Commissioner Ken Greenberg - Seat Three Commissioner Geoff Kendrick - Seat Five CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE It, 2018 PAGE 2 OF 34 CALL TO ORDER The Regular Meeting of Monday, June 11, 2018 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. at the Winter Springs Senior Center (400 North Edgemon Avenue, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Cade Resnick, present Commissioner Jean Hovey, present Commissioner Kevin Cannon, present Commissioner Ken Greenberg, present Commissioner Geoff Kendrick, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo-Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. Regarding the Agenda, Mayor Lacey stated, "May we adopt the Agenda?" Commissioner Jean Hovey remarked, "Yes." Commissioner Kevin Cannon asked to pull Consent Agenda Item "303". Without objection, the Agenda is adopted with item `303' from the Consent Agenda being pulled for separate consideration." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Community Development Department REQUEST: The Community Development Department is advising the City Commission of the status of current development projects within the City. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 3 OF 34 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission receive and review the information provided. No discussion. PUBLIC INPUT Mayor Lacey opened "Public Input". Dr. Sherri Dressler, 1468 Wescott Loop, Winter Springs, Florida: referenced what she had heard about a possible self -storage business, traffic concerns (especially related to the Barrington Estates subdivision), and was against such a project in a primarily residential area. Mayor Lacey pointed out that a developer had recently and unexpectedly advised the City Commission about a possible self -storage project he was interested in building, to which Mayor Lacey remarked, "In the month since that meeting, there has been absolutely no advancement of that project from that point in time." Ms. Anapola "Pola" Hansberger, III Cherry Creek Circle, Winter Springs, Florida: referenced her past experience in real estate and commented on a possible self -storage business, her concern with real estate values, and asked the City Commission to consider the residents. Mr. Bill Kaykendall, 707 Ironwood Court, Winter Springs, Florida: mentioned that because of overdevelopment in the central Florida area, he has moved various times, and then commented on schools and apartments. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 4 OF 34 Mr. Steve Jenkins, 345 Streamview Way, Winter Springs, Florida: commented on a potential change in Zoning to accommodate a possible self -storage business, did not think a self -storage facility would fit in this area, said that none of his neighbors that he had spoken to were in favor of such a project, and remarked that he thought this meeting started too early as he had to leave work early to attend. Mr. Marlon Aristone, 1618 Wrenthem Court, Winter Springs, Florida: addressed State Road 434 and his concern with safety issues, that there were no sidewalks, how grass had grown over the bike lanes, mentioned a neighbor in the next community of Southern Oaks who had experienced flooding, thus he thought a retaining wall should be built, and was against a possible self -storage business that he had heard about. Mr. Jay Barfield, 1181 Avery Lake Drive, Winter Springs, Florida: noted that he was a developer and had never asked for any exceptions, commented on a potential self -storage project and exceptions, and thought such a project could be built elsewhere as currently permitted. Mr. Jeff Crandall, 1239 Stone Harbour Road, Winter Springs, Florida: said he had moved here as he thought it was a bedroom community, had noticed some requests for Zoning changes, and thought it was not fair to residents who had already purchased a home. Ms. Rose Navarro, 1563 Wescott Loop, Winter Springs, Florida: remarked that she was an original resident of Barrington Estates, spoke of neighborhood flooding in the past, was concerned with the traffic, enjoys walks in her neighborhood, and thought the community was losing wildlife and the bedroom community feeling. Mayor Lacey closed "Public Input" CONSENT AGENDA CONSENT 300. Community Development Department REQUEST: The Community Development Department requests the City Commission approve the Northern Oaks plat, and authorize the plat to be recorded, subject to satisfaction of the conditions of approval. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 5 OF 34 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve the Northern Oaks plat for recording, subject to the conditions of approval noted, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. There was no discussion on this Agenda Item. CONSENT 301. Utility Department REQUEST: The Utility Department requesting City Commission approval to award a contract to Tradewinds Power Corporation in the amount of $82,994.00 for the purchase of one (1) 150KW portable generator, piggybacking off the 2018 Florida Sheriffs Association & Florida Association of Counties contract for mobile generators (Bid Award FSA17-VEH15.0, Specification #72). FISCAL IMPACT: The cost of this project is $82,994.00 and is funded by the FY 2018 Utilities Capital Budget. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 6 OF 34 RECOMMENDATION: Staff recommends the City Commission award a contract to Tradewinds Power Corporation in the amount of $82,994.00 for the purchase of one (1) 150KW portable generator, piggybacking off the 2018 Florida Sheriffs Association Bid #FSA17-VEH15.0, Spec #72, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 302. Public Works Department - Stormwater Division REQUEST: The Public Works Department - Stormwater Division is requesting City Commission approval to award a contract to Pat's Pump and Blower in the amount of $53,505.00 for the purchase of a Stormwater Jetter. FISCAL IMPACT: The purchase price of the Stormwater Jetter is $53,505.00. There is $58,000.00 available in the FY18 Transportation Improvement Fund for this purpose. 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, LascrFichc, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission award a contract to Pat's Pump and Blower in the amount of $53,505.00 for the purchase of a Stormwater Jetter, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 7 OF 34 CONSENT 303. Community Development Department REQUEST: The Community Development Department is requesting that the City Commission approve a Neighborhood Public Street and Light Improvement Agreement with the Integra 360 developer, CIP 2014/Winter Springs 360 Owner, LLC. FISCAL IMPACT: The streetlight expenditure for the new the public streets will be $3,273.60 per year, which is offset by new Ad Valorem Tax Revenue generated from the development. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve the Neighborhood Public Street and Light Improvement Agreement with CIP 2014/Winter Springs 360 Owner LLC, subject to final review and approval by the City Attorney, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. As noted during Agenda Changes, this Agenda Item was pulled for separate consideration and was addressed after the Vote on the Consent Agenda. CONSENT 304. Community Development Department REQUEST: The Community Development Department and Finance and Administrative Services Department requesting City Commission authorization for construction of a utility payment kiosk at City Hall, in the amount of $89,962.44 plus a 10% contingency. FISCAL IMPACT: The project cost is $89,962.44 plus a 10% contingency, funded from the #305 Capital Project Fund. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 8 OF 34 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission authorize construction of a utility payment kiosk at City Hall, in the amount of $89,962.44 plus a 10% contingency, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 305. Finance and Administrative Services Department REQUEST: Finance and Administrative Services Department requests Commission authorization to dispose of surplus assets according to the attached disposition sheet. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 9 OF 34 RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. There was no discussion on this Agenda Item. CONSENT 306. Utility/Public Works Departments REQUEST: The Utility/Public Works Department requests that the City Commission approve Resolution Number 2018-10 recognizing the retirement and 30 years of dedicated service of Public Works Department employee Bruce Schneider. FISCAL IMPACT: There is no fiscal impact if Resolution Number 2018-10 is approved. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve Resolution Number 2018-10 in honor of employee Bruce Schneider for his 30 years of dedicated service to the City of Winter Springs. No discussion. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 10 OF 34 CONSENT 307. Community Development Department REQUEST: The Community Development Department requesting City Commission approval to award a construction contract to Atlantic Civil Constructors in the amount of up to $336,683 for construction of the Florida Avenue Improvements project, funded by the US 17-92 Community Redevelopment Agency (CRA). FISCAL IMPACT: The construction project cost is $336,683, funded by the US 17-92 CRA. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission authorize entering into an agreement with Atlantic Civil Constructors Corporation for construction of the Florida Avenue Improvements Project, ITS #03-18-SS, in the amount of up to $336,683, funded by the US 17-92 Community Redevelopment Agency (CRA), and authorize the City Manager and the City Attorney to prepare and execute any and all applicable documents. This Agenda Item was not discussed. CONSENT 308. Community Development Department REQUEST: The Community Development Department requesting the City Commission validate the Staff recommendation finding the RaceTrac sitework to be built in substantial accordance with the Final Engineering plans, subject to the enclosed punchlist. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 11 OF 34 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission validate the Staff recommendation finding the RaceTrac sitework to be built in substantial accordance with the Final Engineering plans, subject to satisfactory completion of the remaining open punchlist items. No discussion. CONSENT 309.Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, May 14, 2018 City Commission Regular Meeting Minutes: FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING- JUNE 11, 2018 PAGE 12 OF 34 RECOMMENDATION: Staff recommends the City Commission review and consider offering their Approval of the Monday, May 14, 2018 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. Mayor Lacey stated, "Looking for a Motion to Approve the Consent Agenda except for item `303'." "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CANNON. DISCUSSION. DEPUTY MAYOR RESNICK REFERENCED CONSENT AGENDA ITEM "307" AND SAID HE HOPED WE WOULD TRY TO FOCUS ON LOCAL BUSINESSES WHEN POSSIBLE. VOTE: COMMISSIONER GREENBERG: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER KENDRICK: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEM, LISTED ON THE CONSENT AGENDA WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. •S •3 CONSENT AGENDA CONSENT 303. Community Development Department REQUEST: The Community Development Department is requesting that the City Commission approve a Neighborhood Public Street and Light Improvement Agreement with the Integra 360 developer, CIP 2014/Winter Springs 360 Owner, LLC. FISCAL IMPACT: The streetlight expenditure for the new the public streets will be $3,273.60 per year, which is offset by new Ad Valorem Tax Revenue generated from the development. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 13 OF 34 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve the Neighborhood Public Street and Light Improvement Agreement with CIP 2014/Winter Springs 360 Owner LLC, subject to final review and approval by the City Attorney, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. Commissioner Cannon mentioned some comments he had received from residents of the Creek's Run subdivision about intense lights at the Integra 360 development and asked what could be done. Mr. Brian Fields, P.E., Director, Community Development Department said that they were aware of the issue, had spoken with Duke Energy Corporation, and noted that this Agenda Item related just to maintenance requirements. Further comments followed on possible streetlight changes. City Attorney Anthony A. Garganese remarked about the Agreement, and said that Staff would need to work with Duke Energy Corporation independently from this Agreement, on any possible changes to the lighting in question. With further discussion, City Manager Kevin L. Smith referenced that Mr. Fields said he would look into what Commissioner Cannon brought up, that we have a limited ability to require Duke Energy Corporation to make changes based on our preferences, and that this Agenda Item is related to a different matter. Commissioner Cannon again spoke of a concern with lighting on the traffic exiting from the Creeks Run subdivision. Manager Smith asked that Mr. Fields be given a chance to get with Duke Energy Corporation. Mayor Lacey inquired, "Is there a Motion to Approve item `3037' CITY OF WINTER SPRINGS, FI,OR IDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 14 OF 34 "I WILL MOVE TO APPROVE IT." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER GREENBERG. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER KENDRICK: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER GREENBERG: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department REQUEST: The Community Development Department requests that the City Commission hold a Public Hearing to consider one special exception request to the Town Center District Code to permit licensed massage therapy services within a proposed spa salon in the T5 Transect of the Town Center. FISCAL IMPACT: The special exception will allow the proposed Brassfield Spa to offer licensed massage therapy in addition to the range of wellness services planned at this facility. The special exception has no direct or immediate fiscal impact; however, it does enhance the ability for the Brassfield Spa to be successful at this location as well as offering a service that is not currently available in the Town Center and surrounding areas. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 15 OF 34 RECOMMENDATION: Staff recommends that the City Commission approve a special exception to allow licensed massage therapy use at the subject property as a conditional accessory use to a holistic health and wellness spa that offers a range of other wellness -related services expressly authorized by the Town Center Code. Mr. Fields began the discussion on this Agenda Item with an overview. Mayor Lacey opened "Public Input" on this Agenda Item. Mr. James Evans, 217 Almaden Court, Winter Springs, Florida: referenced some of the current Town Center businesses as well as similar businesses at the intersection of Red Bug Lake Road and thought that this type of business would be a good fit, and that he supported this proposed project. Mayor Lacey closed "Public Input" on this Agenda Item. Continuing, Mayor Lacey stated, "Looking for a Motion to Approve." "I WILL MAKE THAT MOTION." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER GREENBERG. DISCUSSION. COMMISSIONER CANNON STATED "UNDER THE TOWN CENTER CODE SECTION 20- 321. (c) (2) a., IT REQUIRES A MINIMUM OF SEVEN (7) DAYS, SEVEN (7) CALENDAR DAYS FROM THE TIME THE SPECIAL EXCEPTION IS REVIEWED BY THE PLANNING AND ZONING BOARD, BEFORE IT COMES BEFORE THE — COMMISSION AND WE ARE LESS THAN SEVEN (7) DAYS ON THAT; SO I AM NOT SURE HOW WE CAN FORMERLY HEAR IT TODAY. IT TALKS ABOUT TWO (2) DISCRETIONARY REVIEWS, ONE AT P&Z AND THEN THIS ONE, BEFORE THE COMMISSION, AND IT SAYS, THE COMMISSION HEARING SHALL BE HELD NO SOONER THAN SEVEN (7) CALENDAR DAYS FOLLOWING THE PLANNING AND ZONING BOARD HEARING AND I BELIEVE THAT WAS ONLY FIVE (5) DAYS AGO." DISCUSSION FOLLOWED ON THE CODE, TIMELINES, THAT THE CITY COMMISSION COULD WAIVE REQUIREMENTS, AND THAT THE NEXT CITY COMMISSION MEETING WAS A MONTH AWAY. MAYOR LACEY STATED, "I WOULD LIKE UNANIMOUS CONSENT FROM THE COMMISSION TO MODIFY THE MOTION TO INCLUDE A WAIVER OF THE SEVEN (7) DAY P&Z CONSIDERATION REQUIREMENT — IS THERE ANY OBJECTION?" COMMISSIONER CANNON STATED, "NO, TO THIS ITEM ONLY." MEMBERS OF THE CITY COMMISSION NODDED IN AGREEMENT REGARDING CONSENT. NO OBJECTIONS WERE VOICED. FURTHERMORE, MAYOR LACEY THEN POINTED OUT, "THE MOTION IS AMENDED TO APPROVE ITEM `400' WAIVING THE SEVEN (7) DAYS." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 16 OF 34 VOTE: COMMISSIONER CANNON: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER GREENBERG: AYE COMMISSIONER KENDRICK: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department REQUEST: The Community Development Department requests that the City Commission hold a Public Hearing to consider a Special Exception Request to facilitate the construction of a Senior Retirement Community in the T4 Transect of the Town Center, on a 6.5-acre property north of Blumberg Blvd and west of Tuskawilla Road. FISCAL IMPACT: If the special exception is approved, and the project is developed as an age restricted (55+) fee - simple owned senior condominium project with 108 units, then the project will provide an increase to the City's taxable value. The potential tax revenue of the proposed project is still to be determined; however, the project at completion is preliminarily estimated to have an assessed taxable value of $30 million. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission review and consider the special exception request for a multifamily residential use in the T4 transect of the Town Center. If the Commission is inclined to approve the special exception, Staff recommends that the special exception be subject to the additional condition that the use be limited to an age restricted (55+) fee -simple owned senior condominium project, and that this additional condition be memorialized in a Developer's Agreement. The discussion on this Agenda Item began with a review by Mr. Fields who went over various aspects and pointed out, "This request is just "For the `Use' at this time." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 17 OF 34 Further remarks continued on a possible medical facility project that was considered before. Mr. J. Marc Jones, Esquire, 2572 West State Road 426, Suite 3024B, Oviedo, Florida: addressed the City Commission on this project, the requested special exemption, the condominium market, this project concept, and Beazer Homes. Commissioner Cannon asked about the reference to PHASE 2 and said, "What is this PHASE 2? What is going into PHASE 27 Mr. Jones stated, "It's future development. I can't read the tea leaves. I don't know what the future is on it. But, it is currently going to stay commercial because that's what we've agreed with Staff; and it may come forward for a PHASE 2 on this project, but at this time, that's not what's on the table." Commissioner Cannon further inquired, "Is there a contract or an option on PHASE 2?" Mr. Jones responded, "No, Sir, there is not. There is a contingent contract on PHASE L" Further referencing the plan, Commissioner Geoff Kendrick asked what the outlined area marked as "Preserved Open Space" was, as shown on the Conceptual Site Plan. Mr. Jones stated, "The `Preserved Open Space' - that is property that Ms. Blumberg and her husband essentially gave to the State — it will always be in that preserved state." Commissioner Kendrick added, "Always be a greenspace?" Mr. Jones added, "They sold it to the State." Commissioner Kendrick further inquired, "So, it will be preserved as a greenspace?" Mr. Jones stated, "Yes, that is correct." Mayor Lacey opened "Public Input" on this Agenda Item. Mr. Jeff Crandall, 1239 Stone Harbour Road, Winter Springs, Florida: said he liked the greenspace in Town Center, Blumberg Boulevard, and that if this project went through, he did not think there was any promise for this project, and referenced a hotel project that changed ownership. Mr. James Evans, 217 Almaden Court, Winter Springs, Florida: spoke of the original Town Center plan and wondered what had changed for this potential project to now be needed, questioned this proposed project being so close to a high school, and referenced a housing project in a neighboring community. Mr. Larry Selig, 212 Tavestock Loop, Winter Springs, Florida: noted he was opposed to this project, had been in the area before the Winter Springs Town Center was built, that he would prefer some well- known chain restaurants to come into the area instead of housing, and thought commercial would be better than more residential. Ms. Gina Novella -Shafer, 457 Buckhorn Drive, Winter Springs, Florida: thanked the Mayor and City Commission for what they do, suggested this was essentially a waiver and a change, and if a change was allowed for this, then others could also ask for a change, said she thought the roads were already narrow, mentioned special events and closed road, and said that she was a Voter. Ms. Connie Nadrowski, 915 Dyson Drive, Winter Springs, Florida: remarked that she personally has a large lot needing lots of yardwork, and thought this proposed project was a good idea, which she supported. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING- JUNE 11, 2018 PAGE 18 OF 34 Mr. John Iriye, 150 Tuskawilla Road, Winter Springs, Florida: as the owner of the lot across from this proposed project, commented on residential density in the Winter Springs Town Center, and thought that this potential project would help improve density. Ms. Whitney Jackson, 1015 Winding Waters Circle, Winter Springs, Florida: noted she has resided in Winter Springs a long time, mentioned that there are plenty of things for Seniors to do and places to live such as Hacienda Village, that more housing in the Town Center was not needed as she thought parking in the Winter Springs Town Center was troublesome, and her concern with any possible changes, once a Special Exception was approved. Mr. Mike Robbs, 616 Jesup Springs, Winter Springs, Florida: liked the quiet community feel of Winter Springs, questioned what would happen to City events along Blumberg Boulevard if this proposed project was built, spoke of his concerns with fire and safety access, and that he was against this proposed proj ect. Ms. Colleen Murphy, 684 Fanning Drive, Winter Springs, Florida: mentioned her previous efforts against the Blake apartments project, thought this project might fill a need but she was not sure this was the right location, that she was a Realtor and familiar with Beazer Homes, remarked that she received an email from the company that owns the last three (3) vacant lots at the Winter Springs Town Center and that the owner stated that they only wanted residential on those properties, and Ms. Murphy asked that the City Commission consider this information. Mayor Lacey closed "Public Input" on this Agenda Item. Mr. Jones addressed some of the comments related to this proposed project. Ms. Juanita Blumberg, 141 Bear Springs Drive, Winter Springs, Florida: agreed the greenspace is nice however she cannot keep the greenspace because it is nice, said she had lived here for forty-four (44) years and only received one (1) offer in ten (10) years, did not think that senior citizens traffic patterns would be more intensive than a commercial project, thought this proposed project would not impact schools nor rush hour traffic, and that she wanted to move on for her family. Commissioner Ken Greenberg pointed out that he had walked the property and stated, "It seems like everyone is worried about the greenspace. What are you guys planning on doing to buffer the streets or what have you, as far as that goes? Are you intending to just mow it down, or are you intending to leave a lot of greenspace — obviously less than there is now, but in a very protective way, so when anyone drives by, they are not —just looking at a blank building per se?" Mr. Jones responded by saying, "What we have at this point in time is nothing more than a concept. Remember, we're not here for an Engineering or a plan telling you where your buildings are going to be or what greenspaces are going to be there, we're here for the special exemption to make sure that we can do the project." Commissioner Greenberg then inquired. "Is the intention to create a green environment on the project?" CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 19 OF 34 Mr. Chad Minor, Land Entitlements Professional, Beazer Homes, 151 Southhall Lane, Suite 200, Maitland, Florida: stated, "Mr. Greenberg, to answer your question, obviously, livability for our residents is key. We want to provide environments that gets people out of their homes, to recreate, etcetera." With further remarks, "Mr. Minor remarked, "In terms of the plan, I can tell you that there's really going to be no way around the pond, we're going to have to account for on -site retention. You have an existing large retaining pond — to the west there. Unfortunately, that capacity of that pond when Town Center planning took place, did not take Ms. Blumberg's property into account, so - there is no capacity level for extra stormwater, so that forces us to do it on site, which is different from everyone else in this Town Center; they've gotten to utilize the existing pond. We're actually looking at it as a benefit and we're going to put a greenspace around there; again, a lot of design yet to happen, as has been echoed over and over. This is conceptual but we do want to provide an environment that allows our residents to get outside and enjoy." Commissioner Greenberg mentioned, "It seems like a lot of the concern has to do with, what if you get down the pike and 55+ [and over], does not work?" Further, Commissioner Greenberg mentioned, "I think that if someone is going into the project with the idea that they are going to be living amongst the Senior and active lifestyle community - is there a contingency if 55+ [and over] does not work?" Mr. Minor noted, "We have no contingency for that. We're planning to be 55+ [and over]. We've agreed in concept to a Developer's Agreement as suggested by your Staff. Our `Gatherings' concepts across the United States are all 55+ [and over]." Regarding ownership, Mr. Minor confirmed, "Fee simple ownership." Commissioner Greenberg then asked, "Is there any restriction on rentals?" Mr. Minor responded, "There may be restrictions as we draft the HOA (Homeowner's Association) agreements. There will be restrictions on rentals. What those restrictions will be, I can't commit to, but there will be declarations to address that." As to how this has been handled before, Mr. Minor said, "Lake Nona I believe is that it limits rentals to a minimum, it has to be a year if they're going to rent it; it's got to be approved by the Homeowner's Association, it's got to be the age requirement, etcetera; they're not allowed to do the VRBO (Vacation Rental By Owner) or the short-term rentals, it's got to be at least for a year - but again, I don't know how we're going to handle it here, at this location." Commissioner Cannon then commented on the gazebos, landscaping, and costs for Blumberg Boulevard and that this area is maintained by our Parks Department. Continuing, Commissioner Cannon referenced this concept plan being proposed tonight, and the progression of previously approved multi- family projects. Next, Commissioner Cannon stated, "Our Code is very specific. You have to have a minimum of seven (7) calendar days from the time this comes before Planning and Zoning, before it comes to the Commission. There is a legal reason for that." Commissioner Cannon then suggested this Agenda Item be forwarded to the next City Commission Meeting for action, and added, "The Commission has the right to request additional exhibits and may defer approval of the Special Exception application and schedule an additional Public Hearing or Hearings to review those additional exhibits." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 20 OF 34 Continuing, Commissioner Cannon referenced Blumberg Boulevard and noted, "My concern is the concept drawings show a four (4) story building right up against the sidewalk, right up against Blumberg Boulevard. That causes me concern when you have that kind of vertical height that literally is going to shade much of Blumberg Boulevard — the park, okay? It causes me concern that the only way to drive in and out is on Blumberg Boulevard which means if we are going to have the art festival, if we are going to have the parade, if we are going to have the other City events on Blumberg Boulevard park, it is going to prevent us from closing down the roads." Commissioner Cannon mentioned that Blumberg Boulevard is noted as a distinctive street in the Code, mentioned his concern with adverse impacts, and hoped more information could be provided, such as, "Compatibility and the design of how high would it be, how far back from Blumberg Boulevard would it be, are there alternative designs, not four (4) stories, maybe two (2) stories, would the retention pond and water feature make more sense in front of Blumberg Boulevard and have fountains and put the residences further back where they're backing up essentially against a school field." With further comments, Commissioner Cannon remarked, "One concern that I have is 55+ [and over], how compatible is that going to be with high school students with their boom box loud cars driving in and driving out, with the bands playing, and the music and so forth, football games." Commissioner Cannon added that he hoped the City Commission would move this Agenda Item out a meeting so that more details could be checked into, suggested the City Commission receive more than just a Concept Plan and stated, "Let us see exactly if the water feature could be used as a bit of a buffer if you will, for Blumberg Boulevard; let us see if there could be other entrances and exits so that we can shut that Blumberg Boulevard for our well established city — and the vertical height is very important." Continuing, Commissioner Cannon then mentioned he had received numerous complaints about the closeness of the "RiZE at Winter Springs" to State Road 434, however, he had not received similar comments on the buildings across the street. Commissioner Cannon reiterated that "Vertical height and setbacks - are important." Commissioner Kendrick commented that one of the original plans for the Winter Springs Town Center was to have foot traffic and 2,000 rooftops, and said that we are nowhere near that. Further, Commissioner Kendrick added that the sun would not be blocked with this proposed new project, that the Town Center had been designed for density/foot traffic, and further addressed what would best be suited for this site and that he knew nothing about any plans for a hotel, mobility and progressing from empty nests to beyond, that he did not think that commercial would work on this property, however he thought multi -family might be a better fit with limited impact on schools and roads. Deputy Mayor Cade Resnick also commented on the original plan for the Winter Springs Town Center, the proposed rooftops originally planned, Transects, a Starbucks business which is now coming to Winter Springs as a result of the increased density, a previous business that had considered this property, and that more density and more projects like this are still needed. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 21 OF 34 With additional remarks, Commissioner Cannon referenced the Code and provisions suggesting the City Commission can request further information and suggested forthcoming plans could address, "How far will the setbacks be from the sidewalk and - so forth." Commissioner Cannon mentioned, "I am looking at that building number "2", and building number "2" is very close to Blumberg Boulevard and four (4) stories high." Commissioner Cannon pointed out, "I am not talking about Final Engineering and sewer plans and water and all the rest of that." Furthermore, Commissioner Cannon noted, "My concern is horizontal setbacks from Blumberg Boulevard, exploring other roads in and out - so that we don't have an adverse impact to the park when we are holding our events, and the vertical height. Those are my three (3) biggest concerns. Yes, I want 55+ [and over], although the interesting thing about that is I have checked with Attorneys all over the State - that is unenforceable by a City; completely unenforceable. The only thing that can be enforced is if it is tight language in the condo documents; and as we heard tonight, the condo documents have not been designed yet; and I would like to see something specific Brian (Fields) in that regard as well, in the condo documents." Commissioner Cannon also mentioned that some people who are over fifty-five (55) have children in schools so this could be a concern, and added, "You cannot just assume. I do not accept the statement that because it is 55+ [and over], there won't be any impact to schools, because there are a lot of families where you have got grandparents and their children and grandchildren residing under the same household." Commissioner Cannon then remarked, "I am concerned also about the seven (7) day requirement." Next, Commissioner Hovey commented that she was not on the City Commission when the original Town Center plans were approved, the economic downturn, that residents who might be interested in this proposed project would know there was high school close by, schools, empty nesters and downsizing. Commissioner Hovey mentioned, "I like the concept but I too am concerned about the buildings being built right on the street, and — if the property is sold and it's built, it is a city park along Blumberg but her property and the property being sold; that is not their problem that we have City events on that street. That is our problem and it would have to be addressed. I am in agreement with Commissioner Cannon that if there is a seven (7) day requirement then I would support his Motion to Table it until the July meeting for further review." Deputy Mayor Resnick commented, "Years ago, we used to and I will call it, hand hold a project like this through, that we got to see each of the steps, and therefore it was Engineering and Aesthetic Review but multiple steps on the way. Would this be one of those projects, that if we were to approve the Special Exception only, with the condition that we would hand hold it all the way through to the process; so, we would be able to see the next thing, so it goes to Staff, then it goes to us, then it goes to Staff, it goes to us, for whatever steps. Would that be something that we can satisfy our needs to also then satisfy the preferences of the community." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 22 OF 34 Further remarks followed. Commissioner Cannon noted, "Yes.. I think this is clearly one of those projects where we need a lot of community input, and a lot of the hand holding as you say, as it goes along. Okay. But there has got to be a way Anthony (Garganese) to unwind this Special Exception, if we move along and the Applicant when they bring in their Engineering Plans and all, is absolutely inflexible." Next, Commissioner Cannon stated, "Whether it meets the technical Code requirements or not is one thing, but the compatibility with the established Land Use and the adjacent Land Use and these other factors do come into play with regard to the granting of the Special Exception and that was the reason why I thought that we should move them a little bit more in tandem — I think that the setbacks, the number of stories, the road ingress/egress, maybe they can have more than one (1) so that we can still close down Blumberg Boulevard for Special Events. Those are some of the things and of course specific condo document language. I think those are some of the things that we can iron out." Comments continued. Commissioner Cannon said to Attorney Garganese, "If you tell me, there is a way for us to move on this but with very tight language so that we as a City can unwind the Special Exception if as we move down the road, the multi -family doesn't turn out to be what is acceptable and what we feel is compatible with this area, the City and so forth, then if we can do that legally — that is my concern. Can we do that legally?" Attorney Garganese stated, "How much relevant information does the City Commission need in order to determine whether the Use should be approved by Special Exception. Okay, that is number one. And if the Commission made that decision, regardless, the Applicant is going to have to come forward for future development permits and apply for Final Engineering approval, Aesthetic Review; those could potentially be independent actions but the first question is what relevant information does the Commission need to even decide whether or not this Use should be allowed by Special Exception. And if the Commission is ready to move on the Use, Staff is recommending that you have a binding Development Agreement, so that binding Development Agreement would have to be prepared and be presented to the Commission at a later date for final approval to make the Use approval final." Commissioner Cannon noted, "So, we reach an impasse with the Developer on the Developers Agreement, and we don't agree with them on say two (2) stories versus four (4) stories or whatever; or we reach an impasse with them on their insisting that the only entrances are off of Blumberg, or we just reach impasse on how far the vertical walls are from Blumberg Boulevard, as an example. Can we unwind?" Attorney Garganese suggested theoretically one approach could be, "If the Commission is ready to move forward with the Use, it has to be subject to Final Development approval, Final Engineering, Aesthetic Review. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 23 OF 34 If the Commission was inclined to impose as a condition, unless those are obtained from the Commission within a certain period of time as a condition, theoretically like for a period or number of years. If they don't get those approvals, then the Special Exception is null and void. That could be a condition that's imposed in this particular case. It just depends on the timing of the Commission and how you want to act.". With further comments on the Town Center, Commissioner Cannon noted, "My biggest concern is that we have tightly worded language Anthony (Garganese), so that if, within a reasonable period of time, and I don't know what that would be, we just don't reach an agreement on the placement of the buildings and these other things that we've all been talking about, then we can unwind the Special Exception." Deputy Mayor Resnick referred to previous projects and as to what could be done now and suggested, "What can we do today - my question is if we were to ask as a group ourselves, to consider the Special Exception but with that consideration, we hand hold them through this project; and then the next step is they come in with plans for us to take a look at." Deputy Mayor Resnick then inquired of Commissioner Cannon, "Is that something you can live with?" With continued comments, Commissioner Cannon stated, "There are just four (4) or five (5) criteria that I would like to nail down." Deputy Mayor Resnick asked Commissioner Cannon, "What are they?" Commissioner Cannon pointed out, "I want alternative ingress/egress other than just exclusively on Blumberg Boulevard." Furthermore, Commissioner Cannon said, "I want to know exactly where they are proposing the buildings, the setbacks on Blumberg Boulevard — how many feet back. I would like to see that water feature, frankly, running parallel to Blumberg Boulevard; it would act as a nice, natural setback, okay; and so, you would not have the high towering buildings right over Blumberg Boulevard and the Veteran's Memorial. I am just giving you some examples. This is my common sense approach to a Special Exception." Commissioner Cannon then added, "I want specific language in the condo documents because 55+ [and over] is not what it is cracked up to be to prevent school overcrowding. It is not; and it is unenforceable by us as a City. So, those are the main areas that I am concerned with and I would think that within a month, that could be done. And more than just — I am not saying come in with your full Engineering plans with storm drains and water and sewer and everything else. I am talking about, where are these buildings going to go specifically. How far back, how high and how are people going to get in and out, and how do we minimize that impact to Blumberg Boulevard and our established park that we have there. Those are the kinds of things that I am looking at, for the next meeting. And I do think the hand holding approach is good." Deputy Mayor Resnick asked, "Is what Commissioner Cannon just said, reasonable to ask of an Applicant in this stage and phase?" Manager Smith said the City Commission can do whatever they wish. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 24 OF 34 Next, Commissioner Kendrick stated, "I do agree with Commissioner Cannon. We need to have an absolute understanding of the deed restrictions/age restrictions of the community." Furthermore, Commissioner Kendrick mentioned an age. restricted community located in Winter Springs, "Hacienda Village" and asked if we knew of any children from this community that go to school? Commissioner Cannon thought that would be a good question to ask Seminole County Public Schools. Referencing the Code related to the Planning and Zoning Board/Local Planning Agency and the seven (7) day requirement discussed during this meeting, Commissioner Kendrick mentioned that this timeline affected numerous meetings and suggested we might need to look into this further. Commissioner Kendrick added that he does want the rules followed and in a consistent manner. Commissioner Cannon agreed and thought the meeting dates of the Planning and Zoning Board/Local Planning Agency could be rescheduled and should be. Manager Smith noted that the (7) day requirement as it relates to the Planning and Zoning Board/Local Planning Agency and City Commission meetings applied only to Special Exceptions in the Town Center and this does not happen a lot. Furthermore, Manager Smith mentioned that the City Commission can always ask for more information whenever such a case arises. "I WILL MAKE A MOTION TO POSTONE ITEM `401' TO A TIME CERTAIN; WITH STAFF'S INPUT, I AM ASSUMING THE NEXT MEETING IS..." MANAGER SMITH STATED, "...DULY 9TH... " CONTINUING WITH HIS MOTION, COMMISSIONER CANNON ADDED,... "TO JULY 9TH COMMISSION MEETING AND I KNOW BRIAN (FIELDS), YOU HAVE BEEN TAKING COPIUS NOTES OF THE ADDITIONAL INFORMATION WE ARE INTERESTED IN AND IF YOU COULD WORK THEN WITH THE APPLICANT TO GET MORE INFORMATION." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. DEPUTY MAYOR RESNICK POINTED OUT, "WHAT WE ARE GOING TO DO IS HAVE A REPEAT OF THIS IN THE NEXT MEETING WITH MORE INFORMATION. AS WAS STATED EARLIER TODAY, FOR OTHER PROJECTS, YOUR COMMISSION WON'T SEE ANYTHING UNTIL SUCH A POINT THAT THAT COMES FORWARD SO I WOULD RESPECTFULLY ASK NOT TO PASS RUMOURS AROUND UNTIL WE GET TO THAT NEXT MEETING TO THE BEST OF YOUR ABILITY, AND/OR GET SOLID EVIDENCE PRIOR TO JUST PASSING IT AROUND, GET EVERYBODY HERE, BRING PEOPLE TO THE CHAMBERS." VOTE: COMMISSIONER KENDRICK: NAY COMMISSIONER GREENBERG: NAY DEPUTY MAYOR RESNICK: AYE COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Lacey noted that regarding the topic just discussed, "It will be agendaized for July 91h, (2018)." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 25 OF 34 Mayor Lacey called a recess at 7:24 p.m. Mayor Lacey reconvened the Meeting at 7: 34 p.m. REGULAR AGENDA REGULAR 500. Public Works Department REQUEST: Public Works Department requesting the City Commission validate the 2017-2018 Solid Waste Survey Results entitling the franchisee to receive the Performance Bonus and receive the Annual Solid Waste Evaluation Report. FISCAL IMPACT: The Survey cost of $3,444 was paid from the Solid Waste Fund. Waste Pro's share of the survey will be deducted from the $15,000 performance bonus for a net performance bonus of $13,278. The current residential solid waste rate of $18.10 per month remains unchanged since 2006 although some adjustment through indexing or other mechanism will need to be considered in the immediate future. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission validate the Solid Waste Survey Results entitling the Franchisee to receive the Performance Bonus of $15,000, less applicable survey costs, payable from the Solid Waste Fund and also accept the Annual Evaluation Report for Waste Pro for the period of March 1, 2017 — February 28, 2018 as submitted by staff. Mr. Mike Maximenko, Utility Billing Manager, Finance and Administrative Services Department introduced this Agenda Item and reviewed the survey results. Mr. Maximenko mentioned some of the issues that residents had noted were missed pick-ups and pointed out that many of these were due to residents putting their trash out by 7:00 however, trash trucks had already been by. Mr. Maximenko stated, "We're working towards improving that particular aspect." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 26 OF 34 Commissioner Hovey added that she was personally aware that garbage cans were often not returned to driveways, but left in roadways; and Commissioner Hovey noted that sometimes, trash receptacles were left in front of a mailbox, and because of that, mail was not delivered. Other situations she had observed was when a trash can was left in the street, if there were heavy rains, the trash receptacle would float down the road. Furthermore, Commissioner Hovey pointed out that trucks were not supposed to be picking up before seven a.m., and if that did occur, residents could call Code Enforcement. Regarding recycling, Commissioner Hovey suggested that due to some of the comments that she read, perhaps we could improve educating residents. Referencing recycling, Mayor Lacey thought there were misunderstandings about recycling (including glass) and thought that when we next go out to Bid, we should look into recycling strategies and also determine what the public is interested in. Mayor Lacey suggested Mr. Maximenko could keep in mind what the public wanted to get from recycling. Commissioner Cannon noted that his prime complaint was when cans are left in the street; and between that, lawn maintenance trucks, and on -street parking, there are numerous obstacles. Furthermore, Commissioner Cannon agreed that when we go out to Bid next for trash management that we keep recycling in mind and added that this was a dynamic issue. Mayor Lacey noted, "Our mission is to accept the Report, and approve a payment of fifteen thousand dollars ($15,000.00) less survey costs. MOTION TO APPROVE. MAYOR LACEY ADDED, "MOTION BY COMMISSIONER GREENBERG FOR APPROVAL. SECONDED BY DEPUTY MAYOR RESNICK." DISCUSSION. VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER CANNON: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER GREENBERG: AYE MOTION CARRIED. Mayor Lacey said to Mr. Maximenko, "My personal observation is that your desk is running very smoothly there. I think you are doing a great job!" CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 27 OF 34 REGULAR 501.Office of the City Clerk REQUEST: Office of the City Clerk is requesting the Mayor and City Commission review the information in this Agenda Item regarding possible Board and Committee openings, specifically on the Bicycle and Pedestrian Advisory Committee, the Board of Trustees, the Oak Forest Wall and Beautification District Advisory Committee, the Planning and Zoning Board/Local Planning Agency, and the Tuseawilla Lighting and Beautification District, and make any Appointments/Reappointments as applicable. FISCAL IMPACT: There is no noted Fiscal Impact related to any of these Appointments/Reappointments referenced 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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The Mayor and City Commission will be further informed under separate cover about the openings/vacancies noted in this Agenda Item. The (Advisory) Board and Committee Members noted in this Agenda Item have all been notified, and those interested in Reappointment and have submitted an updated Board/Committee Application will be added to Dropboxes. Additionally, the Mayor and City Commission will be informed about the Board/Committee Applications and related information on file and in Dropboxes. RECOMMENDATIONS: Staff recommends that the following Appointments/Reappointments be made with an individual Motion for each Nomination please: SEAT ONE APPOINTMENT: COMMISSIONER JEAN HOVEY Oak Forest Wall and Beautification District Advisory Committee Vacant Seat Term Expires: August 2019 CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING DUNE 11, 2018 PAGE 28 OF 34 SEAT TWO APPOINTMENTS: COMMISSIONER KEVIN CANNON Oak Forest Wall and Beautification District Advisory Committee Mr. William Hogaboom - Would like to be Reappointed Term Expires: August 2018 Planning and Zoning Board/Local Planning Agency Mr. Bart Phillips - Would like to be Reappointed Term Expires: July 2018 SEAT THREE APPOINTMENT: COMMISSIONER KEN GREENBERG Board of Trustees Vacant Seat Term Expires: January 1, 2022 SEAT FOUR APPOINTMENTS: DEPUTY MAYOR CADE RESNICK Oak Forest Wall and Beautification District Advisory Committee Mr. Robert Carril - Would like to be Reappointed Term Expires: August 2018 Planning and Zoning Board/Local Planning Agency Ms. Sarah Miller — DOES NOT want to be Reappointed Term Expires: July 2018 SEAT FIVE APPOINTMENTS: COMMISSIONER GEOFF KENDRICK Bicycle and Pedestrian Advisory Committee Vacant Seat (Partial) Term Expires: February 1, 2021 Oak Forest Wall and Beautification District Advisory Committee Vacant Seat Term Expires: August 2019 Tuseawilla Lighting and Beautification District Advisory Committee Mr. Kevin McCann — Would like to be Reappointed Term Expires: July 2018 CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 29 OF 34 OTHER MAYOR/COMMISSION APPOINTMENTS: Included in this Agenda Item is the ability for the Mayor and/or any City Commission Member to make any other Appointment(s) that are deemed pertinent. If any Appointment(s) are not made at this Meeting, subsequent Agenda Items can be brought forward on upcoming City Commission Meeting Agendas. MOTION TO APPOINT BART PHILLIPS TO A NEW FOUR (4) YEAR TERM, AS THE NEW SEAT FOUR POSITION ON THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY ADDED, "WITH HIS TERM COMMENCING AT THE END OF HIS CURRENT TERM." DEPUTY MAYOR RESNICK STATED, "CORRECT." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER GREENBERG: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. Next, Commissioner Kendrick noted his interest in Reappointing Mr. Kevin McCann to the Tuscawilla Lighting and Beautification District Advisory Committee. Brief discussion. MOTION TO APPOINT KEVIN McCANN TO THE SEAT TWO POSITION ON THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER GREENBERG. DISCUSSION. VOTE: COMMISSIONER GREENBERG: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. With discussion on when Terms would end for the Boards and Committees that were not clearly defined in the Code, Mayor Lacey suggested, "I think everything should take effect August Pt — terms end July 31'. Commission Consensus on that?" Commissioner Cannon stated, "I am fine with that." No objections were noted. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 30 OF 34 Commissioner Kendrick asked that if anyone knew of someone who might like to serve on the Tuscawilla Lighting and Beautification District Advisory Committee to advise. Mayor Lacey noted that Mr. McCann would still serve on the Tuscawilla Lighting and Beautification District Advisory Committee through July before making the change to the Planning and Zoning Board/Local Planning Agency. MOTION TO APPOINT DAN FINLEY TO THE TO THE SEAT TWO POSITION ON THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER CANNON. COMMISSIONER CANNON THEN MENTIONED THAT DAN FINLEY, CURRENTLY A MEMBER OF THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE, ACTUALLY LIVES IN OAK FOREST AND WOULD LIKE TO SERVE ON THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. IT WAS THEN POINTED OUT THAT THE CURRENT SEAT TWO MEMBER OF THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, BILL HOGABOOM, WOULD LIKE TO BE REAPPOINTED TO THIS SAME COMMITTEE, TO WHICH COMMISSIONER HOVEY MENTIONED THAT SHE WOLD BE HAPPY TO MAKE THAT APPOINTMENT. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER GREENBERG: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. MOTION TO APPOINT MIKE FERRANTE TO THE SEAT TWO POSITION ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE (WHICH WAS PREVIOUSLY HELD BY DAN FINLEY). MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER KENDRICK. DISCUSSION. VOTE: COMMISSIONER KENDRICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER GREENBERG: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 31 OF 34 MOTION TO APPOINT BILL HOGABOOM TO THE SEAT ONE POSITION ON THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR RESNICK. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER GREENBERG: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REPORTS REPORTS 600. Office of the City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 601. Office of the City Manager — Kevin L. Smith No Report. REPORTS 602. Office of the City Clerk — Andrea Lorenzo-Luaces, MMC No Report. REPORTS 603. Office of Commissioner Seat Four/Deputy Mayor - The Honorable Cade Resnick No Report. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEEI ING - JUNE 11, 2018 PAGE 32 OF 34 REPORTS 604. Office of Commissioner Seat Five - The Honorable Geoff Kendrick Commissioner Kendrick mentioned attending a recent Ethics session. Next, Commissioner Kendrick pointed out that as children were out of school, he asked everyone to be cautious on the roads. REPORTS 605. Office of the Mayor - The Honorable Charles Lacey No Report. REPORTS 606. Office of Commissioner Seat One - The Honorable Jean Hovey Commissioner Hovey reminded all that the CRC (Constitutional Revision Commission) would be upon us soon. Secondly, Commissioner Hovey remarked that there are twenty-five (25) Candidates running for Governor. Lastly, Commissioner Hovey mentioned that the 41h of July "Celebration of Freedom" event would be held in a few weeks, hoped to see everyone there, and hoped it would not rain. REPORTS 607. Office of Commissioner Seat Two - The Honorable Kevin Cannon Commissioner Cannon also noted the recent Ethics session that he too attended. Next, Commissioner Cannon mentioned he was pleased to have participated on the Business Advisory Council for Crooms Academy and that the Seminole County Public Schools' School Board recognized them at their last meeting. Continuing his Report, Commissioner Cannon mentioned that tomorrow, he would be attending a STEM (Science/Technology/Engineering/Mathematics) event at the City of Altamonte Springs. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2018 PAGE 33 OF 34 Lastly, Commissioner Cannon asked if the City Commission would consider moving the start time of City Commission Meetings. As a majority of the City Commission would need to agree with this request, Mayor Lacey asked the City Commission, "Are there three (3)?" Hearing no support for Commissioner Cannon's request, Mayor Lacey stated, "I don't think so, Sir." REPORTS 608. Office of Commissioner Seat Three — The Honorable Commissioner Greenberg Referencing the recent Ethics session mentioned by others, Commissioner Greenberg noted that he also attended this training. Secondly, Commissioner Greenberg commented that he attended a Memorial Day event hosted by the Oviedo -Winter Springs Regional Chamber of Commerce. Thirdly, Commissioner Greenberg said he had been going to numerous community and Homeowner Association meetings to gauge the preferences and concerns of community members. In related City business, Deputy Mayor Resnick noted that as many people knew, he was running for Seminole County Public Schools' School Board and would be leaving his Seat on the Winter Springs City Commission. Deputy Mayor Resnick then said to Staff, "I just want to thank all of you for your hard work — please pass it around to Staff that are not here, you work really hard and tirelessly to make this happen and you make our jobs a lot easier, and just thanks to all of you!" Members of the City Commission and Mayor Lacey offered their appreciation to Deputy Mayor Resnick. PUBLIC INPUT Mayor Lacey opened "Public Input". Mr. James Evans, 217 Almaden Court, Winter Springs, Florida: referenced what Commissioner Cannon said, that as Mr. Evans posts on Facebook, he does see requests for later City Commission meeting start times. Next, Mr. Evans mentioned he had submitted a Board/Committee Application and would be willing to serve on one of the City's Advisory Boards/Committees. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING — JUNE 11, 2018 PAGE 34 OF 34 Commissioner Greenberg said he had read Mr. Evans' posts and found them to be very fair, and offered Mr. Evans his personal thanks. Commissioner Kendrick and Commissioner Hovey also shared their thanks with Mr. Evans for providing information. Commissioner Hovey added that their contact information is on the website and available and hoped that people would get in touch with the City Commission for correct information. Mayor Lacey closed "Public Input ". Before adjourning, Mayor Lacey mentioned that they would be attending the Fourth of July event, and the next City Commission Regular Meeting would be held on Monday, July 9th, 2018 also at this same location, the Winter Springs Senior Center. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 8:03 p.m. RESPECTFULLY SUBMITTED: ANDRI=.A LORENZO-LI.iACES, MMC CITY CLERK APPROVED: MAYOR CHA _E ' _.ACEY NOTE: These Minutes were approved at the July 9. 2018 City Commission Regular Meeting.