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HomeMy WebLinkAbout_2021 03 08 City Commission Regular Meeting Minutes CITY COMMISSION «a 59 REGULAR MEETING t9 MINUTES MONDAY, MARCH 8, 2021 AT 6:30 PM CITY HALL- COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Deputy Mayor Ted Johnson called the Regular Meeting of Monday, March 8, 2021 of the City Commission to order at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, absent Deputy Mayor Ted Johnson, present Commissioner Matt Benton, present Commissioner Kevin Cannon, present Commissioner TiAnna Hale, present Commissioner Rob Elliott, present City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present AWARDS AND PRESENTATIONS 100)PFM Asset Management LLC presentation on the highlights of the most recent Quarterly Investment Report for the period ending 12/31/2020. Steven Alexander - Bio g Board Presentation - Winter Springs 202103 08 Ms. Maria Sonksen, Director, Finance Department introduced Mr. Steven Alexander, Managing Director, PFM Asset Management LLC, 300 S. Orange Avenue, Suite 7770, Orlando, Florida. Mr. Alexander provided an investment program update. Discussion followed on the anticipated ending of the eviction/foreclosure moratorium, potential impacts to interest rates, unemployment, and inflation related to this policy ending, and the general view of the economy compared to 2008. 101)FDOT SR 419 Improvements Update Presentation Mr. Christopher Schmidt, Director, Community Development Department introduced the team from the Florida Department of Transportation to present. Mr. Ashrof Elmagrahby, Mr. Ty Garner, and Mr. X, members of the Florida Department of Transportation Project Team, 779 South Woodland Boulevard Deland, Florida presented on State Road 419 Improvements/Resurfacing and discussed the project area, proposed safety and operational improvements, proposed bicycle and pedestrian accommodations, and temporary traffic control measures, including lane closures, that would be associated with the project. Discussion then followed on crosswalks, the proximity of projects and noise to residences, concerns about speed limits and street lighting, sidewalks, and access to the Cross Seminole Trail. Manager Boyle noted that Mr. Dale Smith, Director, Public Works and Utilities Department would be reaching out to Seminole County to determine why the City had not been involved in the project to this point. 102) Mr. Schmidt gave a brief history of comprehensive plans and efforts in the City to come in to compliance with the help of the East Central Florida Regional Planning Council. Continuing, Mr. Schmidt noted Winter Springs' Comprehensive Plan is composed of nine (9) elements, that the City came in to compliance with the Intergovernmental Element a little over a year ago, and that eight (8) elements remained. Of these eight (8), Mr. Schmidt noted that two (2) elements, Conservation and Parks, Recreation, & Open Space, were currently in legal review and would be coming before the Commission in approximately the next sixty (60) days. Discussion followed on the possibility of a shorter timeframe for completion of the review with one Commissioner suggesting six (6) months. Further discussion followed on the process of review and transmittal, the involvement of the East Central Florida Regional Planning Council and the State, the current timeline, reasonable expedited timelines, and potential workshops. Mr. Schmidt noted that the process could typically take a year to several years and that eight (8) elements in a six (6) month timeframe was not typical. Manager Boyle commented on the proposed timeframe of January 2022 and noted that it may be possible to accelerate the process some but that other priorities would be impacted. After further discussion, Staff agreed to come back to present a timeline and potential workshop dates. 103) Mr. Smith presented a brief update and progress report showing the map being developed by Ms. Kelsey Glaze, GIS Analyst, Operations Department. Mr. Smith noted that the over 5,000 lights were being marked and that a script was being developed CITY COMMISSION MINUTES I PEGULAP MEETING I • . to allow for reporting of outages. Mr. Smith said that he would be coming back in a couple of months to review the process more fully. 104)Website Resource List Ms. Casey Howard, Director, Operations Department showed the listing of resources and assistance programs on the City website pointing residents to resources for mental health, COVID, food, shelter, and more. Ms. Howard noted that the site could also be used by those looking to volunteer their time and encouraged residents to reach out iftheythought a vendor should be listed. Ms. Howard noted that Ms. Ilana Berman, Marketing & Events Manager, Operations Department was working on a marketing campaign and would include this in social media posts and the newsletter. INFORMATIONAL AGENDA 200)Current Economic and Community Development Projects Summary Projects Summary PUBLIC INPUT Ms. Loretta Ames, 7SO Third Street, Winter Springs shared concerns about the implementation and safety of flashing lights at bike crossings on State Road 419. Brief discussion followed on education and potential traffic calming solutions. Mr. Michael Schrimsher, 600 East Colonial Drive, Suite 708, Orlando noted he had sent a letter to the City Attorney and City Manager detailing his thoughts on how the City was not fulfilling obligations listed in an agreement from 2000. Manager Boyle noted that he had received the letter and shared it with the Commission. Manager Boyle then distributed copies, noted himself and Attorney Garganese were reviewing the letter and that they would come back to the Commission after this review was completed. Ms. Gina Shafer, Winter Springs Village, Winter Springs complimented Mr. Schmidt for addressing an issue on Michael Blake Boulevard, asked that the speed limit be reduced on S.R. 419, noted her attendance at previous visioning sessions, asked about the completion of the Comprehensive Plan, and noted lighting concerns. MONDAY, MAPCH 8, 2021 CONSENT AGENDA 300)Surplus Assets Surplus List � No discussion. 301)The Public Works Department is requesting Authorization to purchase one R640R41 series Kubota Excavator by piggyback off the Sourcewell contract. Cover Page Ca CITY OF WINTER SV- R640 QUOTE No discussion. 302) Minutes from the Monday, February 22, 2021 City Commission Regular Meeting Minute, Qa No discussion. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: COMMISSIONER HALE: AYE COMMISSIONER BENTON: AYE DEPUTY MAYOR JOHNSON:AYE COMMISSIONER ELLIOTT: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA Not Used. REGULAR AGENDA SOO)Appointment Opportunities for City Boards and Committees Cover Page 1� CITY COMMISSION MINUTES I PEGULAP MEETING I . "MOTION TO APPOINT MADYSON HERBER TO THE YOUTH COUNCIL." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION. VOTE: COMMISSIONER BENTON: AYE COMMISSIONER CANNON: AYE COMMISSIONER ELLIOTT: AYE COMMISSIONER HALE: AYE DEPUTY MAYOR JOHNSON:AYE MOTION CARRIED "MOTION TO APPOINT SAMANTHA COLUMBUS TO THE PARKS AND RECREATION ADVISORY COMMITTEE." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: DEPUTY MAYOR JOHNSON:AYE COMMISSIONER HALE:AYE COMMISSIONER CANNON: AYE COMMISSIONER ELLIOTT: AYE COMMISSIONER BENTON: AYE MOTION CARRIED "MOTION TO APPOINT HAROLD SLOAS TO THE VETERAN AND VETERAN FAMILY ADVISORY COMMITTEE." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: COMMISSIONER ELLIOTT: AYE DEPUTY MAYOR JOHNSON: AYE COMMISSIONER BENTON: AYE COMMISSIONER CANNON: AYE COMMISSIONER HALE: AYE MOTION CARRIED "MOTION TO APPOINT DOROTHY PEHOWIC TO THE VETERAN AND VETERAN FAMILY ADVISORY COMMITTEE." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER ELLIOTT: AYE COMMISSIONER HALE: AYE COMMISSIONER BENTON:AYE DEPUTY MAYOR JOHNSON: AYE MOTION CARRIED "MOTION TO APPOINT DAVID DJUKIC TO THE YOUTH COUNCIL." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: DEPUTY MAYOR JOHNSON: AYE COMMISSIONER BENTON: AYE COMMISSIONER HALE: AYE COMMISSIONER ELLIOTT: AYE COMMISSIONER CANNON:AYE MOTION CARRIED. REPORTS 600)City Manager Shawn Boy le • Noted that letter provided by Mr. Schrimsher did have two (2) page fives and wanted to clarify that the letter provided for the record was how it was given to him. • Reminded everyone of the upcoming tree giveaway • Thanked Public Works crew and Veolia for the restoration of reclaimed water to neighborhoods and noted that the reclaimed water quality was better htan ever before. 601)City Attorney Anthony A. Garg • No report 602)City Clerk Christian Gowan • Reminded Commission of the March 11 Community Workshop being hosted by East Central Florida Regional Planning Council to discuss the Parks Master Plan. • Noted the City would be hosting the March meeting of the Tri-County League of Cities on March 18, 2021 603)Mayor Charles Lacey • Not present 604)Seat One Commissioner Matt Benton CITY COMMISSION MINUTES I REGULAR MEETING I . . . • Commended Winter Springs Police Department and all officers noting he saw some officers picking up dumped wood off side of road. 605)Sompt Tub^ r'^n+rnissioner Kevin Cannon • Thanked Manager Boyle and all involved in renovating the West Wastewater Treatment Plant. • Noted discussions with other local officials and Winter Springs not being involved in CALNO. Continuing, Commissioner Cannon noted no cost to the City and he thought it would be beneficial to join. "MOTION TO APPROVE STAFF TO DRAFT RESOLUTION FOR CITY TO REJOIN CALNO." MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: DEPUTY MAYOR JOHNSON: AYE COMMISSIONER HALE:AYE COMMISSIONER CANNON: AYE COMMISSIONER ELLIOTT:AYE COMMISSIONER BENTON: AYE MOTION CARRIED. 606)Deputy Mayor/Seat Three Commissioner Ted Johnson • No report 607)Seat Four Commissioner TiAnna Hale • Reminded everyone of the upcoming Community Workshop for the Parks Master Plan • Praised Winter Springs Police Department for always going above and beyond. 608)Seat Five Commissioner Rob Elliott • Updated the Commission on his efforts to start the Community Work Day. PUBLIC INPUT Mr. Michael Schrimsher, 600 East Colonial Drive, Suite 708, Orlando asked about the letter he sent and if any page was missing. Attorney Garganese noted that to his knowledge no pages were missing but that the copy of the letter he received did have two (2) page fives, one signed and one not signed. ADJOURNIMFNT Deputy Mayor Ted Johnson adjourned the meeting at 8:30 P.M. RESPECTF L L Y SUBMI TTED CHRISTIAN GOWAN CITY CLERK APPROVED.- DEPUTY M YOR ED JOHNSON ��RtNG� O; Are .. � . c 1% 00 NOTE: These Minutes were approved at the ,2021 City Commission Regular Meeting. { pip MAR 0 1. 2021 SCHRIMSHER "F-``,` rla ; Yv_. .;�x PROPERTIES February 26, 2021 VIA- CERTIFIED MAIL- RETURN RECEIPT REQUESTED Mr. Shawn Boyle Mr. Anthony A. Garganese City Manager City Attorney of Winter Springs City of Winter Springs Garganese, Weiss, D'Agresta& Salzman, P. A. 1126 East State Road 434 111 North Orange Ave., Suite 2000 Winter Springs, FL 32708 Orlando, FL 32801 RE: Agreement dated June 26, 2000,by and among Schrimsher Land Fund 1986-II, Ltd., Schrimsher Land Fund V, I td., and Schrimsher Land Fund VI, Ltd. ("Schrimsher") and the City of Winter Springs ("City") Dear Mr. Boyle & Mr. Garganese: This letter is thirty(30)days written notice that the City of Winter Springs is in default of the above referenced agreement, a short form memorandum of which was recorded on January 8, 2001, in Official Records Book 3988, Page 1063, Public Records of Seminole County, Florida. The City has failed to perform its obligations under this Agreement which entitles Schrimsher to pursue whatever remedies are available under Florida law or equity. Prior to filing an action to seek specific performance and/or injunction relief,this written'notice will provide the City an opportunity to cure the default to our reasonable satisfaction. The prevailing party in any litigation shall be entitled to recover its reasonable attorney's fees and costs. Article IV(e)states that except for the conveyances from Schrimsher to the City so described in this Article IV . . . Schrimsher shall have no.further obligation to convey to the City any property for park, open space or green space.purposes. However, the obligation for Schrimsher to pay the City for removing trees imposed by the City's tree ordinance renders wooded lots in the Town Center undevelopable and constitutes an administrative taking of private property to function as open space or green space,or even a park for those who trespass. The City obligations in Article V which the City agreed to do but failed to perform include,but are not limited to., the following: a) Within eighteen (18) months . . . extend and connect (i.e., "stub in") City water distribution and sewer collection facilities to the boundaries of Schrimsher Property in sufficient capacity to reasonably accom►nodate and guarantee the level of service capacity 600 EAST COLONIAL DRIVE SUITE 100 ORLANDO.FLORIOA 32603 c FAX 14073 649-9230 OFFICE(407)423.7600 Mr. Boyle & Mr. Garganese February. 26, 2021 Page 2 required for the Town Center and SchrimsherProperty. Except as provided in Article V(c) and V(d)below relating to Spine Road and Main Street Improvements,the City shall not be required to extend either sewer or water facilities into the interior portion of the Schrimsher Property unless agreed upon in future written developer agreements. The City also guarantees sufficient capacity within the sewer and water treatment plants to reasonably accommodate and guarantee the level of service required for the Town Center and Schrimsher Property. The City also agrees that no special City water or sewer connection charge or assessment will be applied to Schrimsher Property for purposes of reimbursing the City for the expense of extending and connecting the City's water distribution and sewer collection facilities to Schrimsher's property as described above Note:Article V(a)does not specify but Article XV concerning the Traffic Signal refers to"construction of the Spine Road north or south of State Road 434'. Comments made by City staff and elected officials calls into question whether the City intends to honor these commitments. (b) Promptly commence and within six(6) months . . . submit an application to acquire a Master Stormwater Management Permit from the St. John's Water Management District for the Town Center and expedite to the fullest extent possible completion of the master stormwater permitting within the Town Center and Schrimsher Property. *This has NEVER occurred. (c) . . .if Schrimsher desires to construct Spine Road in accordance with the Town Center District Code, prior to City's schedule for said construction provided herein, Schrimsher may. design, engineer, permit, survey, and construct Spine Road at Schrimsher's expense...Schrimsher shall then be eligible for and receive in connection with the development of the Schrimsher Property transportation impact fee credits in an amount equal to Schrimsher's reasonable costs . . .which costs shall be deemed for "non-site-related improvements." Accrued credits shall be applied to the development of Schrimsher Property. Regardless of which party constructs Spine Road,the City,at its expense and concurrently with the construction of Spine Road, agrees to design,permit and construct water and sewer utilities for Spine Road required for the Town Center and ,Schrimsher Property (the "Spine Road Utilities"). Schrimsher shall convey the right of way for Spine Road to the City at such time as the City has obtained all necessary permits for the City to construct Spine Road or at such time that Schrimsher has completed construction of Spine Road,whichever occurs first. Mr. Boyle &Mr. Garganese February 26, 2021 Page 3 Note: Schrimsher and Hawthorn split the costs to construct Spine Road south of State Road 434 making them eligible to receive the impact fee credits and they constructed the Spine Road Utilities south of State Road 434 and should be reimbursed for those sewer and water utilities which were supposed to be designed, permitted and constructed at the City's expense. According to Articles VI and VII,Schrimsher consented to inclusion of the Schrimsher Property in the Town Center District and consented to adoption of the Town Center District Code and its applicability to the Schrimsher Property"subject to the terms and conditions hereof." Article XVI states that the City agrees to cooperate with Schrimsher to allow Schrimsher to design, permit, and construct a road along the existing right-of-way behind the "Mobil Service Station" currently on the corner of State Road 434 and Tuskawilla Road,which may or may not be designed to connect Tuskawilla Road with a frontage road south of State Road 434. Note:The City should bear this in mind when reviewing proposed development of the two properties adjacent to Mobil. Article XVII states that both parties agree that there are no minimum green space or open space requirements within the Town Center District. Article XIX states that this Agreement shall be subject to periodic review by the parties. Periodically, City and Schrimsher agree to cooperate and meet in good faith to discuss the progress made under this Agreement in furtherance of each others mutual interests. Additionally,during said review,the parties may discuss proposing amendments to the Town Center District Code which may be needed to promote the public's interest in creating an economically viable Town Center. Note: Periodic review as described above has NEVER occurred but the City has amended the Town Center District Code without meeting in good faith with Schrimsher or even providing notice to Schrimsher that amendments were being considered. This does not reflect cooperation by the City with Schrimsher to further our mutual interests. Article XX states that Schrimsher and the City shall cooperate fully with each other to effectuate the terms, conditions and intentions of this Agreement. Mr. Boyle & Mr. Garganese February 26, 2021 Page 4 Article XXVI states that thisAgreementshall not be modi,feed or amended except by written agreement duly executed by both parties hereto, and Article XXVII states that this Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Schrimsher as to the subject matter hererof. Article XLI states that to the extent there are any conflicts between the provisions of the Town Center District Code and this Agreement,theprovision ofthisAgreementshall control as if approved by the City Commission as a special exception pursuant to the Town Center District Code. Article XLIII states that the City acknowledges Schrimsher's right to impact the wetlands . . . on the north side of State Road 434 and . . . on the south side of State Roast 434 in the southeastern portion of Town Center, provided Schrimsher complies with all applicable governmental requirements. Furthermore, the City acknowledges that Schrimsher shall have the right to utilize other wetlands located within Town Center for the purpose of satisfying"wetland mitigation"requirements related to one or more developments located outside of Town Center. The Town Center Plan dated March 23, 1998,was attached as Exhibit "C" and fully incorporated into the Agreement. Although conceptual in nature,it does describe how the plan was developed and its key concepts and guiding principles. The Town Center District Code dated June 12,2000,was attached as Exhibit"E"and fully incorporated into the Agreement. Page 18 states that Main Street is the most important street in the town center. It is lined with mixed-use shopfront buildings that are positioned at the front of each lot. It features angled parking or parallel parking and wide sidewalks. Trees in the right-of-way are optional. The southern portion between Market Square and Magnolia Square is of primary importance for implementation,but it is understood that over time Main Street may grow into the area of Tuskawilla Road north of Magnolia Square. Note: The City was given Magnolia Square plus land north and south of Magnolia Square plus 11 feet of additional right-of-way, all along the east side of Main Street (Tuskawilla Road)but 20 years later there are no mixed-use shopfront buildings along that side of the "most important street in the town center." 4 Mr. Boyle & Mr. Garganese February 26, 2021 Page 5 Also, in the Town Center District Code on page 9, paragraph K. Single vs. Double Loaded Roads states that segments of single loaded Edge Drive are designated for portions of the masterplan in order to provide public access to significant natural areas . . . and Page 22 states the Edge Drive provides public access along the natural boundaries of the town center. Note: Michael Blake Boulevard,which is a single loaded Edge Drive around Wetland Park,does not have a sidewalk along that natural boundary nor is there any other way to provide public access to that"significant natural area"20 years later. I look forward to your prompt response and comprehensive action plan to address our concerns, and cure the City's default under the terms of our Agreement. Sincerely, SCHRIMSHER LAND FUND 1986-I1, V& VI,LTD. SCHRIMSHER PROPERTIES Michael A. Schrimsher cc: Mr. Michael J. Grindstaff, Esquire Mrs. Karen Wankelman, Esquire Shutts &Bowen 300 S. Orange Ave., Ste 1600 Orlando, FL 32801 Mr. Boyle & Mr. Garganese February 26, 2021 Page 5 Also, in the Town Center District Code on page 9, paragraph K. Single vs. Double Loaded Roads states that segments of single loaded Edge Drive are designated for portions of the masterplan in order to provide public access to significant natural areas. . . and Page 22 states the Edge Drive provides public access along the natural boundaries of the town center. Note: Michael Blake Boulevard,which is a single loaded Edge Drive around Wetland Park, does not have a sidewalk along that natural boundary nor is there any other way to provide public access to that"significant natural area" 20 years later. I look forward to your prompt response and comprehensive action plan to address our concerns. Sincerely, SCHRIMSHER LAND FUND 1986-II, V&VI,LTD. SCHRIMSHER PROPERTIES Michael A. Schrimsher cc: Mr. Michael J. Grindstaff,Esquire Mrs. Karen Wankelman, Esquire Shutts & Bowen 300 S. Orange Ave., Ste 1600 Orlando, FL 32801