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HomeMy WebLinkAbout2019 02 11 Consent 302 Unapproved Minutes from the January 28, 2019 Regular MeetingCOMMISSION AGENDA ITEM 302 February 11, 2019 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, January 28, 2019 City Commission Regular 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 Unapproved Minutes from the Monday, January 28, 2019 City Commission Regular 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 for Approval by the City Commission. Consent 302 PAGE 1 OF 2 - February 11, 2019 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. RECOMMENDATION: Staff recommends the City Commission review and consider offering their Approval of the Monday, January 28, 2019 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, January 28, 2019 City Commission Regular Meeting Minutes (21 pages) Consent 302 PAGE 2 OF 2 - February 11, 2019 Aflachment-A" Fliliij "I i II, 111 , MINUTES REGULAR MEETING MONDAV, JANUARV 28, 2019 -G3P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Cc rnmissioner/Deputy Mayor Kevin Cannon - Seat Two Commissioner Jean Hovey - Seat One Commissioner Ted Johnson - Seat Three Commissioner TiAnna Hale - Seat Four Commissioner Geoff Kendrick - Seat Five "Z Incorporated 1959 Got) WF.V MINUTES REGULAR MEETING MONDAV, JANUARV 28, 2019 -G3P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Cc rnmissioner/Deputy Mayor Kevin Cannon - Seat Two Commissioner Jean Hovey - Seat One Commissioner Ted Johnson - Seat Three Commissioner TiAnna Hale - Seat Four Commissioner Geoff Kendrick - Seat Five ('11 Y OF WINTER SPRINGS, F LORIDA MINUTES CITY COMMISSION REGULAR MEEflNG -JANUARY 28, 2019 PAGE 2 OF 21 19 IM The Regular Meeting of Monday, January 28, 2019 of the City Commission was called to Order by Mayor Charles Lacey at 6:30 p.rn. in the Commission Chambers of the Municipal Building (City Hall, 1] 26 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Kevin Cannon, present Commissioner Jean Hovey, present Commissioner Ted Johnson, present Commissioner TiAnna Hale, present 1=0 Commissioner Geoff Kendrick, present 1-11 City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo-Luaces, present R1 It A moment of silence was held, followed by the Pledge of Allegiance. Related to any possible Agenda Changes, Mayor Lacey inquired, "Is there any objection to adopting the Agenda?" Deputy Mayor Kevin Cannon said, "I would like to pull item '302' for discussion with the Con mission.- With no other comments voiced, Mayor Lacey continued, "Hearing none, it stands adopted." AWARDS AND PRESEN't-AriONS 100. Office of the City Manager REQUEST: The Office of the City Manager wishes to present Employee Service Awards to City of Winter Springs Employees. City Manager Kevin L. Smith presented Employee Recognition Awards to the following City of Winter Springs Employees who were in attendance: 5 Years qf Service: Mr. Ed Dedesus, Finance and Administrative Services Department. 15 Years of'Service: Als, Kelle, Balagia, Finance and Administrative Services Department,- Mr. Vernon Prawl, Parks and Recreation Dejpartnient, acrd Mr, Gerald Sullivan, Utilities Department, CITY OF WINTER SPRINGS, FLORIDA MINUTES CITYCOMMISSION REGULAR MEETING -- JANUARY 28, 2019 PAGE 3 OF 21 20 Years ofService: Ms. Valarie Riddick, Police Departinent. 25 Years of Service: Als, Tina Kimball, Parks and Recreation Department 30 Years of Service: Mr. William Maxwell, Police Department; and Chi(I'q1'Police Kevin Brimelle, Police Department, INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used 44911froxfUlawl Mayor Lace,v opened "Puhlie hynn No one Spoke att this time. A/fqyor Lacey, closed "Puhlic 1pilml " CONSENT 300. Office of the City Attorney REQUEST: Pursuant to the requirements of the City Charter, the City Attorney requests the City Commission adopt Resolution 2019-01 formally establishing the 2019 Districting Commission and providing for the Districting Commission's scope of duties and other administrative duties of City Staff for purposes adjusting the City Commission Voting District boundaries to the extent necessary in accordance with the time frames imposed by the City Charter. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Resolution other than staff and attorney time to prepare the Resolution and assist the Districting Commission complete its report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGUI.AR MEETING -- JANUARY 28, 2019 PAGE 4 OF 21 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals, noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on rile with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requesters. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any Rp interested individuals. J RECOMMENDATION: !PO Staff recommends that the City Commission approve Resolution 2019-011. 5R, Gd No discussion. CONSENT 301. Police Department REQUEST: The Police Department requests Commission approval to purchase eight (8) fully -equipped 2018 Ford Interceptor SUV patrol vehicles from Prestige Ford and related full -cage utility patrol package front Public Safety USA. The total capital cost for vehicles, patrol package and vehicle markings is $306,083. FISCAL IMPACT: The funding source for the purchase of these police Ford Interceptor vehicles and related emergency equipment is the FY 2019 vehicle budget ($120K) and realized savings from FY2019 personnel vacancies. Taking into consideration anticipated proceeds of $35K results in a net cost outlay of $271,083. 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 Citys 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 requesters. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF wjNrER SPRINGS, FLORIDA MIN[JES CITY COMMISSION REGIJLAR MEETING- JANUARY 2K. 2019 PAGE 5 OF 21 RECOMMENDATION: Staff recommends approval of the purchase of eight (8) fully -equipped police vehicles using vendors Prestige Ford under State contract and Public Safety USA for a total cost of $306,083. This Agenda Item was not discussed. CONSENT 302. Office of the City Attorney REQUEST: C=771 At the direction of the City Commission at its January 14, 201.9 meeting, staff is presenting this agenda item for the City Commission to consider rescinding its March 26, 2018 directive to staff to prepare a draft ordinance to permit self -storage facilities as a conditional use in the C-1, C-2 and Industrial zoning districts. FISCAL IMPACT: There is no direct fiscal impact related to this Agenda Item other than relieving Staff, P&Z Board and City Commission from the work -hours required to complete and adopt the ordinance. 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, LaserFicbe, 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 rescind the March 26, 2018 City Commission directive which directed City staff to prepare a draft ordinance to permit self -storage facilities as a conditional use in the C-1, C-2 and Industrial zoning districts. As noted during Agenda Changes, this Agenda was pulled for separate consideration. CITY 01 WINTER SPRINGS, FLORIDA MINUTES ciry COMMISSION REGULAR MEETING JANUARY28,2019 RAGE 6 OF 21 CONSFNT 303, Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, January 14, 2019 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 ped verbatim on the respective Meeting Agenda which has, also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable :;:Xj 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 inti 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 requesters. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission review and consider offering their Approval of the Monday, January 14,,2019 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. Mayor Lacey stated, "What is before us is the Consent Agenda Items except item '302' whicli will be considered separately." "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. MAYOR LACEY NOTED THE MOTION WAS "TO APPROVE THE CONSENT AGENDA LESS ITEM '302'." VOTE: COMMISSIONER JOHNSON: AYE COMMISSIONER KENDRICK: AYE DEPUTY MAYOR CANNON: AYE COMMISSIONER HOVEY: AYE COMMISSIONER HALE: AYE MOTION CARRIED. Sun-tniarizing, Mayor Lacey remarked, *'Items '300% '30 F, and '303' have been approved." CITN'OF WINTER SPRINGS, FLORIDA MINLJrFS CITY COMMISSION RFGULAR MEETING - JANUARY 28, 200 PAGE 7 OF 21 AGENDA NOTE: THE FOLLOWING AGENDA ITEM, PREVIOUSLY LISTED ON THE CONSENT AGENDA WAS DISCUSSED, NEXT, FOLLOWED BYTHE REST OF THE, AGENDA AS DOCUMENTED. +.*# 4'* f'(➢RA1ERL),'L1,VTF1J ON THE CONSFNTAGEADAAS COMENT "3021' Office of the City Attorney REQUEST: At the direction of the City Commission at its January 14, 2019 meeting, staff is presenting this agenda item for the City Commission to consider rescinding its March 26, 2018 directive to staff to prepare a draft ordinance to permit self -storage facilities as a conditional use in the C-1, C-2 and Industrial zoning districts. FISCAL IMPACT: There is no direct fiscal impact related to this Agenda Item other than relieving Staff, P&Z Board and City Commission from the work -hours required to complete and adopt the ordinance. 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 rescind the March 26, 2018 City Commission directive which directed City staff to prepare a draft ordinance to permit self -storage facilities as a conditional use in the C-1, C-2 and Industrial zoning districts. Deputy Mayor Cannon asked if the U.S. Highway 17/92 corridor, under the Future Land Use Map (FLUM), would that be the designated area for storage units. Manager Smith responded, "That is correct." "I WILL MAKE A MOTION TO APPROVE `302'..''' MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: DEPUTY MAYOR CANNON: AYE COMMISSIONER HALE: AYE COMMISSIONER JOHNSON: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. M CITY OF WINTER SPRINGS, FLORIDA NI IN Ul ES ('I rY COMMISSION REGULAR MEETING — JANUARY 28, 2019 PAGE 8 OF 21 111411"We1 P13BLIC HEARINGS 400. Office of the City Manager REQUEST: The City Attorney and City Manager recommend that the City Commission consider adopting Ordinance No. 2019-01 on Second and Final Reading amending the City Commission Rules and Procedures (See. 2-27, City Code) regarding agenda items and reports; specifically expressly permitting the mayor and any city commissioner to place a matter on a City Commission agenda for timely consideration and action. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Ordinance other than the cost of advertising ($300) and staff and attorney time to prepare the Ordinance. 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 arc 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 requesters. 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 conduct a public hearing and consider, at its discretion, passing Ordinance No. 2019-01 on Second and Final Reading amending the City Commission Rules and Procedures (See. 2-27, City Code) regarding agenda items, and reports; specifically expressly permitting the mayor and any city commissioner to place a matter on a City Commission agenda for timely consideration and action, City Attorticy Anthony A. Garganese read Ordinance 2019-01 by "Title" only. illltryor Lacey, oj?ened ''Public Input " on lhi.s Axenda hein. No One addressed the Mayor and City Commission. Mqyor Lacey, closed "Public Inpul " on this Agenda Item I'mrog-j �ZKRIAJ CITY OF WINTER SPRINGS, FLORIDA MINUI ES CITY COMMISSION REGULAR MEETING -- JANUARY 28,2019 PAGE 9 OF 21 "MOTION TO APPROVE 2019-01." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. COMMISSIONER HOVEY: AYE, DEPUTY MAYOR CANNON: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER HALE: AYE COMMISSIONER JOHNSON: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department REQUEST: The Community Development Department requests that the City Commission conduct a Public Hearing for First Reading of Ordinance No. 2019-02, which proposes a temporary moratorium within the jurisdictional limits of the City of Winter Springs regarding filing, processing, consideration, or decision of Conditional Uses, Special Exceptions and Waivers ("Special Zoning Permits,") under Chapter 20 of the City's zoning code in the R-3 Multi -Family Dwelling, C-1 Neighborhood Commercial, C-2 General Commercial, C-3 Highway 17-92, CC Commerce Center, 1-1 Industrial, Greeneway Interchange, and Town Center Zoning Districts. FISCAL IMPACT: There is no anticipated fiscal impact with this temporary moratorium. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on rile with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requesters. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission conduct a Public Hearing for consideration of passing -Ordinance 2019-02 on First Reading. IN TERMS OF THE FIRST READING OF ORDINANCE 2019-02, "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. ci"r), OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 2k, 2019 PAGE I00F2I Attorney Gargariese read Ordinance 2011 p-02 by "Title" out),. Discussion followed oil an advisory board's vote, concerns, that the City might be sending a message that the City was not supportive of commercial ventures, an upcoming Workshop, the Town Center District Code, and Special Exceptions. Deputy Mayor Cannon asked Staff if this Temporary Moratorium had possibly caused ally concerns related to any potential, projects. Mr. Bryant Smith, 111, P.E., CFM, City Engineer, Community Development Department said that the possible Moratorium did not seem to be an issue. Discussion ensued on Special Exceptions, and how multi -family projects can be brought before the City Commission. lot Commissioner Ted Johnson pointed out that the Ordinance was written with an April 301' date or sooner, and that lie hoped that this matter could be expedited, and asked if more than one Workshop would be planned. Manager Smith commented, "We had included in this Agenda Item, that we recornmend our first Workshop take place on the Monday immediately after Second Reading which is February the 18'h. Then it would be my Intent to Commissioner Johnson's point, I believe that if we were to move with Workshops to be tentatively scheduled for every off Monday, we could be able to work through this in a systematic and expeditious manner while still being comprehensive and getting our work done." Continuing, Manager Smith inquired, "Would the Commission be agreeable to a February 18"' Workshop and would the Commission be agreeable to tentatively scheduling subsequent Workshops as needed for each off Monday Subsequent to that date." Mayor Lacey asked the City Commission about the proposed February 18`I', 2019 date to which Commissioner Geoff Kendrick mentioned that February 181h, 2019 was, Presidents Day; however, lie added, I don't have a problem with it." No other Commissioners noted any objections. Manager Smith then asked, "6:30 prn.?" Deputy Mayor Cannon said, "Right." No disagreements from the rest of the City Commission were voiced. Summarizing, Manager Smith commented oil the first Workshop scheduled for February 18"' and if further Workshops were needed, such could be considered as applicable. Mayor Lacey then inquired of Attorney Garganese, "What would the process be to relieve the Moratorium sooner than April 30"'1 Attorney Garganese noted, "The language contemplates that the City Commission would adopt those regulations that you all direct during the Workshops so that would entail the Commission giving clear direction, the Ordinances being prepared, go to the land planning agency for one (1) Hearing and then two (2) Hearings before the City Commission — that's the process for adopting the changes." Mayor Lacey then asked if that all took place before raid -March for example, how would the Moratorium be suspended, 01"Y OF WINTER SPRINGS, FLORIDA MINUTES C11"YCOMMIS5ION REGULAR MEETING JA1' UARY28,2019 PAGE I I OF 21 Attorney Garganese noted, "The objective is to put the new regulations in place before the Moratorium expires. When you put the new regulations in place, then the Moratorium will be lifted. That is how it is designed to work – self -lifting." Comments followed that Mr, John blye's proposed project was exempt from the planned Moratorium as the Iriye application had already been submitted to the City. .Hayor Lacey oj)ened "Public InImt " on this Agenda Item. C-4 Mr, Paid Partyka, 404 Park, Lake Drive, lVinter Springs, 171orida: commented on his professional relationships, that he supported what the City was trying to do, thought that the perception affiliated with a Moratorium was not conducive to any community, and thought Workshops should be held. Mr. Br yan Schultz, 6414 Montelair Bh(f .11ane, kVinderinere, P"lorida., as the present owner/Developer of the new Starbucks being built in the City, Mr. Schultz mentioned the economic downturn some years ago, that he has already noticed similarities in current business developments, and agreed that Moratoriums do present a negative connotation. AIr. R an Stahl, 143 Harston Court, Lake Mar,, f7orida: referenced a Moratorium and suggested that updating the Code was a more positive statement, complimented City Staff on working through the Code as it was, thought updating City Code and holding Workshops were proactive moves and referenced the market and projects in Central Florida. A4r. Keiin Mc(a.nn, 1109 1--heasant C,'irele, Winter, Springs, f7orida: noted he was the President of the '"Riscawilla Homeowner's Association and from a resident's standpoint, Mr. McCann thanked the City Commission for considering residents and slowing down Special Exceptions. Ms. Gina Shqk-,r, 457 Buckhorn Drive, Winter Sings, I�Ioritla: also spoke as a resident to which she commented on previously requested Special Exceptions, land use, impacts on roads and schools and thanked the City Commission for listening to the residents. Mayor Lacey elosed "Publie In " on this .genera Item. Discussion followed on whether commercial ventures could approach the City during this time. Attorney Garganese pointed out, "During the Moratorium, the City will not accept any Applications on which the Moratorium could apply. Further comments ensued. Remarks ensued on Special Exception, if C- I and C-2 were excluded from the Moratorium, and that new restaurants would not be affected by the Moratorium. Deputy Mayor Carillon mentioned that he thought the City's Comprehensive Plan was due to be updated. Manager Smith noted, "The plan is for it to be done during the Workshops, concurrent with the Commission's review of these matters in front of YOU. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 8, 2019 PAGE 12 CSF? 3 "I MAKE A MOTION MAYORTO APPROVE ORDINANCE 2019-02 ON FIRST READING." MOTION BY DEPUTY I AYOR CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSIO.11. M VOTE: COMMISSIONER KENDRICK: NAY COMMISSIONER HOVEY: NAY COMMISSIONER HALE: AYE COMMISSIONER JOHNSON: AYE DEPUTY MAYOR CANNON: AYE PUBLIC HEARINGS 402. Community Development Department REQUEST: The Community Development Department requests the City Commission hold a Public Hearing to consider a special exception application to permit a multifamily residential apartment use for the proposed "Iriye Suites" live -work community, located in the T5 Transect of the Town Center on a 1.2 -acre property at 150 Tuskawilla Road, FISCAL IMPACT: If the special exception is approved, and the project is developed as a mixed use live -work community, then the project will provide an increase to the City's taxable value. The potential tax revenue of the proposed project is still to, be determined; however, the project at completion is estimated by the applicant's fiscal analysis to have an assessed taxable value of $1.3 million. 14[$]k3I0tqg1 tw - 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 requesters. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing and consider the requested special exception to allow multifamily residential use in the T5 Transect of the Town Center. If the Commission is inclined to approve the special exception, Staff recommends the special exception be subject to the terms and conditions of the attached Developer's Agreement. Mr, (Bryant) Smith briefly introduced this Agenda Item; followed by cornments from Attorney Garganese. CFFYOF WINTER SPRINGS, FLORIDA MINUTES cIT),,COMMISSION REGULAR MEETING JANUARY28,2019 PAGE 13 OF 21 Discussion followed on how the Development Agreement addressed ingress/egress at Blumberg Boulevard and Tuskawilla Road. MaYor Lacey ol.)ened "Public lnl)ut " on this Agenda Ilett. AAs. Gina Sho r, 457 Buckhorn Drive, Winter Sprin�gs, Florida: spoke of signage in front of property ./e p on Tuskawilla Road, suggested the City further consider the amount of traffic in this area, especially in light of high school traffic, as well as local events and traffic using the roads in her community. Mr. Jini Thony)son, 931 Ginnie Wei, Winter Springs, Florida: remarked about the fountain round -about Y and how this road was not very wide, especially when larger vehicles travel down that road, and hoped C the City would fix this road, especially with consideration of any other projects. MIA sk" Mr. danzes Evans, 217,41inaden Court, Wintcr,5prings, Florida: also agreed with the road and fountain issue, spoke of how important egress and ingress was, property rights, and noted that this Developer has done a lot of things to keep the footprint smaller than it could actually have been, Uayor Lace.Y1 closed "Public InImt "ern this Agenda Item. An aerial view of the land associated with this proposed project was shown; and comments followed about parking,, how adding a curb -cut would be relatively inexpensive, whether two (2) lanes of traffic could go along Blumberg Boulevard for an ernergency type situation, and that the Developer for this suggested project does not have fee simple ownership of the adjoining land. Afr, Paul Partyka, 404 Park Lake Drive, Winter SJ,)ritkgs, Florida: introduced himself and congratulated Chief Brunelle, Will Maxwell, and Valarie Riddick on their esteemed service to the City, and recognized Commissioner TiAnna Hale. Regarding this Agenda Item, Mr. Partyka referenced the live -work concept, some of the merits of live - work projects in a. Town Center, and named some of the cities around the country where live -work units are available, Mr. Partyka commented further regarding density, their willingness to allow the City to decide on the emergency access that was preferred, and provided the City with information he had shared about live -work projects. Mr. John Iriye, 150 Tuskawilla Road, Winter Springs, Florida: addressed the Mayor and City Commission and stated, "We're pretty much in agreement with everything in the Developer's Agreenieritthat as set forth with one (1) minor exception. It's the last sentence in paragraph 4.0." Continuing, Mr. Iriye suggested, "Strike that sentence and replace it. with 'In order to maintain the live - work environment, the Developer shall have a policy with regard to the use of the work space'." Discussion followed on the importance of City events to our community, the need for emergency access, that police power was available for regulating traffic, affording access for property owners, traffic control, emergency situations and powers. CITY OF NVINTER SPRINGS, FLORIDA MINUTES CITY COMMISSIONREGULAR MEETING JANUA12Y28,2019 PAGE 14 OF 21 Deputy Mayor Cannon asked Mr, lriye if lie had made any efforts to contact the adjoining property owner to which Mr. Iriye said that lie had reached out. Comments followed regarding could Mr. Iriye obtain a contract for an access Easement, and whether this could be included in a Development Agreement. Mr. Iriye said lie would be opposed to such a clause in a Development Agreenient. Further remarks followed. Discussion ensued on areas similar in size to Winter Springs that had successful live -work concepts, use of cars, density, new urbanism, walking in a Town Center, revamping empty big box stores, and reaching out to an adjacent land owner for emergency access for events and festivals. Commissioner Hale noted her concerns with safety. Chief Brunelle then addressed safety matters and also plans they deal with in ternis of traffic and safety. Discussion ensued on egress and ingress for this proposed project as well as emergency access, and how the Police Department might handle various situations related to access issues. Further remarks. Regarding the clause that Mr. Iriye asked be changed, comments followed on suggested language that could be used to replace the current language in the last sentence of paragraph 4.0, and how the proposed project would be configured in addition to potential tenancy. Discussion. "I WANTED TO MAKE A MOTION TO EXTEND TIME FOR TEN (10) MINUTES TO FINISH THIS ITEM." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. MAYOR LACEY NOTED THIS WOULD TAKE THE MEETING TO 8:38 P.M. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Comments followed on revising the current language in the last sentence in 4.0 that Mr. Iriye asked be changed. Mr. Iriye stated, "We are going to manage property responsibly and prudently and the best we can do, but in terns of granting specific rights for tenants to have uses of specific areas, you know I think not necessary. Again, and to preserve the live -work answer, you've got two (2) things. You've got the fact that the units are all built out, so that they can be used as live -work units. And second, we have the Town Center Code and the home business permissions that are built into the Town Center, is part of what the Town Center's heart is; and so you know it's not necessary to provide, require restrictions in ternis of use, price, memberships or anything. We will maintain policies that will keep the property consistent with the Town Center's Code." Discussion continued. Manager Smith then said to, Mr. Iriye, "Can you agree to a Development Agreement that says you will operate it as a live -work type operation to include residences and office and not one or the other." Mr. Iriye responded, "Im not sure I understand the question." P-301 CHNOF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING , 7ANUARY28,2019 PAGE 15 OF 2 Continuing, Manager Smith then said to Mr. Iriye, "Would you be agreeable to a Development Agreement that states in some manner, that this project will operate as a live -work type project. For example, we'll have an office component, and a residential component and not simply a residential component.", Mr. Iriye said, "There are office spaces in there that are not suitable for residents. I don't think you would let me move someone into this twelve by twelve (12 x 12) office space, so I mean just based on the nature of the building, I think it's being built into the plans so yes." Mayor Lacey pointed out, "That is a 'Yes." Mr. Iriye added, "It's part of the building. I dont think any practical way to turn that section where the conference room and the offices into residential so by nature, obviously. I would agree with that." Further discussion. Mayor Lacey asked the City Commission, "is it the wish of the Commission to continue past the 8:38 [p-rn] deadline? If so, I need a Motion." COMMISSIONER HOVEY STATED, 4'1 WILL MAKE A MOTION THAT WE EXTEND — CAN WE EXTEND, IT UNTIL THIS ITEM IS FINISHED..." ATTORNEY GARGANESE NOTED, "...,YOUR POLICY ALLOWS TO EXTEND UNTIL AN ITEM IS COMPLETED." "I WILL EXTEND UNTIL THIS ITEM IS COMPLETED." MOTION BY COMMISSIONER HOVEY. MAYOR LACEY COMMENTED, "SECONDED BY DEPUTY MAYOR CANNON." DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Mr. Partyka remarked, "I just talked to John (Iriye), and I said, John you're always, going to have an office here. He agrees there's always going to be an office there so you're going to have residential units that are going to be live -work but you're always going to have an office space on this project, always. So, it's not going to be all residential no matter what happens at the extreme, you're always going to have an office space which defines the idea of live -work space on the project. And that I think it was what Mr. Smith was alluding to that..." Manager Smith noted, "...That's correct."' Continuing, Mr. Partyka mentioned, "That's it, he's always going to have an office space and his plans say that and he'll aggree to that." Regarding the proposed project, Mr. Partyka then pointed out, "The first phase is two (2) buildings - four (4) units on Building A I believe; four (4) units on the second floor, four (4) units on the first floor; and on Building B, two (2) units up on the second floor and on the first floor, is offices." Continuing, Mr. Partyka added, "There are two (2) buildings in Phase I and three (3) buildings when the project is done," Further, remarks. CITY OF WINTER SPRINGS, FLORIDA WNU ILS ('11 YCOMMISSION REGULAR MEETING - JANUARY 28, 2019 PAGE 16 OF 21 Mc(yor Lacey recessed the rneeting at 8:42 p.m. Mayor Lacey reconvened the ineeting at 8:55 1?.ni. Regarding Suggested language, Manager Smith stated, "I would recommend that if the Commission is so inclined to rnake any type of Motion to approve this project, that it include the language that Anthony (Garganese) is going to articulate." Attorney Garganese noted, "The language for the last sentence in paragraph 4.0 would read, 'In order to maintain the project's live -work residential environment, the Developer shall maintain a policy to allow tenants to use the work, space and conference meeting room in the project in accordance with the terms 4= *-;,;P and conditions of the policy established for the project,*' Further, Attorney Garganese stated, "Are you alright with that gentlemen?" Mr. Iriye responded, "Yes." Deputy Mayor Cannon then asked if there had been any discussion on possible revisions to paragraph TO D., to which Attorney Garganese said that was not discussed. Cornirussioner Jean Hovey pointed out, "It says in 7.0 D., 'The City and Developer shall cooperate fully 6165 with each other to effectuate and obtain the written permission% so, it says in here lie needs to continue 11 z = to obtain the written permission which I believe he will try to do. I mean I don't know why he wouldn't; it is going to benefit his property." Next, Deputy Mayor Cannon inquired if such written perrnission would go with the land and/or what if written permission was not obtained? Furthermore, Deputy Mayor Cannon added, "It' you have got a recorded Easement, you have got a right to drive through their ingress and egress on this limited basis we are talking about, but is just a written agreement like that or a written penrussloii, is that the sarne as an Easement? Does it carry the same weight?"' Attorney Garganese explained, "There are different ways to obtain access to other properties and if the Applicant wanted the written permission, that could be a simple letter of agreement between the property owners - which they can revoke, and so can Eascirients. Easements can be adopted in a limited duration, in terns of term. The intent of the last sentence that we wrote, was that there would be this, with respect to whether it would apply to the property, there would be an ongoing obligation if this was recorded, to cooperate fully with the property and to effectuate and obtain that written pen-nission." Deputy Mayor Cannon then remarked, "What is concerning me is that paragraph also has ternporary ernergency entrance - the word *emergency' is what I think threw everybody off. It is not just for emergency, it is for forty-six (46) vehicles to be able to come and go while we have the road shut down. That is one of the concerns that I had. I think emergency that everyone was looking at, emergency saying, well the Police: can always get a fire engine in, even if they have to drive over the sidewalk or something they will get them in there; but that is my concern is how are these residents and tenants going to get in and out." Deputy Mayor Cannon inquired if there was a better way to revise the wording in section 7.0 D. ('11NOF WINTERSPRINGS, FLORIDA MINUTFS CITYCOMMISSION REGULAR MEETiNG - JANUARY 28, 2019 PAGE 17 OF 21 Attorney Garganese suggested, "We can add the word 'and'. That might've been an oversight in the second line because on the fifth line it does refer to private property owners for temporary and emergency ingress and egress - we could add temporary and emergency..." Mayor Lacey noted, "-7.0 1),',- Mr. Iriye stated, "Yes, That's fine." Commissioner Kendrick offered a possible resolution and stated, "We are building 150 parking spots directly across the street from this. Is there a mechanism, actually it is probably just the will of the Commission, to allow access specifically for all of those residents - however many spots that they need, to have access to that parking space and exclusively that parking space, in the event of a festival. And that would actually solve this entire problem. They have access to those parking spots specifically 11;" .......... . . ..... theirs, just during the time of the festival across the street so they could come out right there at the :E� McDonald's, where this new parking lot is going in, that we are building now and it will actually be 1-%LJJ finished before anything possibly even breaks ground, because we are probably going to finish the parking lot in the next couple of months. So, there will be - added parking spots that they could use, tl that we could say - okay, because you're letting us use or because we are blocking off your space, you have access to these spots and we're going to cordon them off tbr you during this special event. Is that something that is possible'?" Manager Smith stated, -The exclusivity gives me concern, the temporary may be allowable though I'd have to discuss it with Anthony (Garganese)." 641 WOULD LIKE TO MAKE A MOTION TO APPROVE AS, AMENDED..." MAYOR LACEY ADDED, "...BY AMENDED, SPECIFICALLY TO ADOPT THE LANGUAGE..." COMMISSIONER HOVEY CONTINUED, "...THE ATTORNEY HAS PRESENTED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KENDRICK. DISCUSSION. MAYOR LACEY SUMMARIZED, "THE MOTION IS TO APPROVE THE SPECIAL EXCEPTION APPLICATION AS AMENDED BY THE LANGUAGE FROM THE ATTORNEY." DEPUTY MAYOR CANNON STATED, "SO, WE WOULD STILL BE WITH NO COMMITMENT ON THE - EASEMENT; IT IS THE LANGUAGE THAT IS IN THERE RIGHT NOW." MAYOR LACEY NOTED, "AS THIS MOTION IS STATED, YES." DEPUTY MAYOR CANNON THEN INQUIRED, "AND ON THE USE OF THE PARKING LOT ANTHONY (GARGANESE), DOES THAT CAUSE YOU ANY CONCERNT" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- JANUARY 28,2019 PA(jE 18 OF 21 ATTORNEY (JARGANESE SAID, "NO — AS LONG AS IT'S TEMPORARY. AGAIN, I'LL EMPHASIZE THE POINT THAT WHEN THE CITY HOLDS EVENTS, TRAFFIC CONTROL FALLS UNDER THE POLICE POWERS OF THE CITY AND THE CITY POLICE DEPARTMENT ALONG WITH STAFF WILL PLAN ACCORDINGLY AND IF PART OF THE PLAN INCLUDES AFFORDING SOME PUBLIC SPACES TO THESE TENANTS ON A TEMPORARY BASIS..." DEPUTY MAYOR CANNON ADDED, "...IF THEY KNOW THEY NEEDTO COME AND GO DURING THE CLOSURE OR WHATEVER..." ATTORNEY GARGANESE CONTINUED, "...THEORETICALLY, THAT'S DOABLE IN MY LEGAL OPINION." VOTE: COMMISSIONER HALE: AVE COMMISSIONER JOHNSON: NAY COMMISSIONER HOVEY: AYE DEPUTY MAYOR CANNON: NAY COMMISSIONER KENDRICK: AYE MOTION CARRIED. Mayor Lacey aqjourned the Regular Meeting at 9:03 p.rn. •.'* *:• AGENDA NOTE: THE FOLLOWING WERE NOT DISCUSSED DURING THIS REGULAR MEETING. REGULAR 500. Office of the City Clerk REQUEST: The City Clerk is requesting the Mayor and City Commission review the information in this Agenda Item regarding possible Advisory Committee openings, specifically on the Bicycle and Pedestrian Advisory Committee, and the Parks and Recreation Advisory Committee and make any Appointments/Reappointments as applicable. FISCAL IMPACT: There is no noted Fiscal impact related to any of these Appointmen ts/Re appointments referenced in this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 2S, 2019 PAGE 19 OF 21 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 re,questors. 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 informed under separate cover about the opening/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 if applicable, any submitted Board/Committee Applications 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. RECOMMENDATION: Staff recommends that the following Appointments/Reappointments be made with an individual Motion for each Nomination please: SEAT FOUR AP'POINTM ENTS: COMMISSIONER TiANNA HALE Bicycle and Pedestrian Advisory Committee: Ms. Jennifer Cardenas — Has not responded to Staff/No Board/Committee Application has been submitted by Ms. Cardenas Term would be a new full four (4) year Term of Office Term Expires: February 1, 2019 Parks and Recreation Advisory Committee: Mr. Rick Lecky - Has, submitted a new Application for Reappointment Term would be a new full four (4) year Term of Office Term Expires: February 1, 2019 SEAT FIVE APPOINTMENT: COMMISSIONER GEOFF KENDRICK Bicycle and Pedestrian Advisory Committee: Vacant Seat Term would be a partial Term of Office (Partial) Term Expires: February 1, 2021 C"'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 28, 2019 PAGE 20 OF 21 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 requested Appointment(s) are not made at this Meeting, subsequent Agenda Item(s) can be brought forward on upcoming City Comn-fission Meeting Agendas, REPORTS 6,0,0. Office of the City Attorney — Anthony A. Garganese, Esquire REPORTS 601. Office of the City Manager — Kevin L. Smith REPORTS 602. Office of the City Clerk — Andrea Lorenzo -Lu aces, MMC REPORTS 603. Office of Commissioner Seat Two/Deputy Mayor - The Honorable Kevin Cannon REPORTS 604. Office of Commissioner Seat Three — The Honorable Ted Johnson REPORTS 605. Office of Commissioner Seat Four — The Honorable'TiAnna Hale REPORTS 606. Office of Commissioner Seat Five - The Honorable Geoff Kendrick I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 28, 2019 PAGE 2CLF 21 REPORTS 607. Office of the Mayor -'The Honorable Charles Lacey REPOR,rs 608. Office of Commissioner Seat One - The Honorable Jean Hovey RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK A 1PRO VED: NOTE: These Minutes were approved al alae . . . . . ..................... . - . ............ . 20 E 9 City Commission Regular Mee Ling,