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HomeMy WebLinkAbout2022 05 23 City Commission Regular Meeting Minutes CITY COMMISSION Inc "19 REGULAR MEETING MINUTES M O N DAY, MAY 239 2022 AT 6:30 PM CITY HALL- COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, May23, 2022 of the City Commission to order at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Kevin McCann, present Deputy Mayor Kevin Cannon, present Commissioner Matt Benton, present Commissioner Ted Johnson, present via telephone Commissioner TiAnna Hale, present Commissioner Rob Elliott, present City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present Commissioner Rob Elliott provided the invocation. Mayor McCann asked if there were changes to the agenda. Deputy Mayor Cannon asked that Items 304 and 305 be discussed prior to the vote on the Consent Agenda. Mayor McCann noted the addition of a presentation, to be Item 101, an update from Mr. Chad Cartledge, and asked that Item 500 be moved to follow the Consent Agenda. There were no objections to the changes. AWARDS AND PRESENTATIONS 100) Presentation from Sheriff Dennis Lemma Chief Matt Tracht, Winter Springs Police Department, introduced Seminole County Sheriff Dennis Lemma to provide an update on efforts to combat the opioid epidemic and other agency efforts. Sheriff Lemma shared statistics and noted that last year in Seminole County there were nearly 800 overdoses and related Narcan deployments, and a record of over 160 deaths as a result of overdoses. Sheriff Lemma then spoke about community partnerships, mental health initiatives, and the Hope & Healing Center. The Commission thanked Sheriff Lemma for his presentation and his work, noted Seminole County was a model for other communities throughout the country, and congratulated him on his recent selection as President of the U.S. Sheriffs Association. Brief discussion followed on crime rate and Sheriff Lemma commented that there had never been a lower crime rate in Seminole County and that access to more information through social media and other outlets changed people's perceptions. CITY COMMISSION MINUTES I REGULAR MEETING I . ADD-ON 101) Update from Chad Cartledge, Running for Heroes Mr. Chad Cartledge, 282 Tavestock Loop, provided an update on the Running for Heroes organization and noted that the new headquarters building was located at 273 Winding Hollow Boulevard. Mr. Cartledge informed the Commission that the building included offices, spaces available to police officers 24/7, and would soon house the Tribute Hall memorializing fallen heroes. Mr. Cartledge noted the group was looking at an October date to open. INFORMATIONAL AGENDA 200)Current Development Projects Summary No discussion. PUBLIC INPUT Mr. Robert Miller, 679 Silvercreek Drive, Winter Springs spoke about traffic concerns and urged the City to install traffic calming devices rather than rely on enforcement and officers. Commissioner Benton showed photos from an incident that occurred at Mr. Miller's home and asked that the City see what could be done to address speed issues. Mr. David Florman, 770 E Bahama Rd, Winter Springs spoke on a variety of concerns and experiences with multiple levels of government. CONSENT AGENDA Deputy Mayor Cannon asked to briefly discuss Item 304 and sought clarification on Item 305. 300)Pickleball Court Project - Central Winds Park No discussion 301)Trotwood Park Basketball Court No discussion 302)Flamingo Restroom for Torcaso Cove. No discussion 303) Donation for Sam Smith Park No discussion 304)Approve ROW Encroachment License Agreement related to David Drive (a platted, unpaved and unopened right-of-way) for property located at Lot 7, CITY COMMISSION MINUTES I REGULAR MEETING I . Block B, Johnson's Poultry Farms according to the plat thereof as recorded in Plat Book 6, Page 8 of Seminole County (1225 Belle Avenue). Mr. Christopher Schmidt, Director, Community Development Department noted that the section in question was an undeveloped paper right-of-way approved 20+ years ago. In response to a question from Deputy Mayor Cannon, Manager Boyle noted that he had no concerns related to the item and Attorney Garganese opined that the agreement gave the City protection and did not allow the use of City land. Brief discussion followed on who had made the request, the ability to sell the property, and the right to take back the property is it were determined that the right- of-way were needed by the City. 305)Consideration of Rejection of All Proposals Received for SR 434 Reclaimed Water Main Extension Project Deputy Mayor Cannon asked Manager Boyle to explain the item. Manager Boyle explained that the City was seeking to reissue the Request for Proposals (RFP) in order to offer clarification and further detail about what work was being sought. Manager Boyle noted that the delay should be 45-60 days at most and that many other projects were still moving forward. 306)Approval of the Minutes from the April 25, 2022 City Commission Regular Meeting No discussion "MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY COMMISSIONER HALE. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 500) Discussion regarding the 2021 SCPS Interlocal Agreement (ILA) for Public School Facility Planning and School Concurrency Mr. Schmidt introduced the item, provided background, and noted Staff was available for questions. Discussion followed and in response to questions from the Commission, Attorney Garganese noted that the proposed version before the Commission sought to require notice be provided when an administrative rezoning was happening, recognized the fact that changes to the City's Land Development Regulations may CITY COMMISSION MINUTES I REGULAR MEETING I . need to occur to allow for implementation, and would require a majority vote of the Commission to terminate the agreement. Discussion followed on the purpose of the ILA, the importance of school concurrency when considering land use and development. Deputy Mayor Cannon commented on the purpose of the ILA and the importance of school concurrency, noted the proposed version closely mirrored the current version, expressed concern about the changes to the unanimous consent requirement, and noted that the City was seeking notice related to administrative rezoning and other proposed changes. Mr. Greg Johnson, Associate School Board Attorney, Seminole County Public Schools (SCPS) 400 West Lake Mary Blvd, Sanford commented that the proposed version included some substantive changes for how capacity would be determined and noted that currently when development comes into a Concurrency Service Area (CSA) there is a determination of capacity within the CSA and a requirement in the Florida Statutes that SCPS look at all contiguous CSAs. Mr. Johnson noted that the proposed agreement would require looking only at Oviedo if Winter Springs were at capacity and commented that he didn't knowcurrently ifthiswould complywith the statute. Continuing, Mr. Johnson noted that the School Board would prefer one agreement with all municipalities but that they understood the City's concerns and he requested that the agreement be brought before the Planning Technical Advisory Committee (PTAC) and the Public Schools Facilities Planning Committee (PSFPC) for further review and input. Brief discussion followed on geographic challenges and the expectation of neighborhood schools. In response to comments made about the capacity determinations, Mr. Johnson noted that SCPS had never failed a School Capacity Availability Letter of Determination (SCALD) partly due to the existing agreement and the requirement to look at contiguous CSAs. Mr. Johnson expressed the desire to work with the City, noted the 2021 agreement involving the County and other municipalities was still contingent on Winter Springs' signature, and noted that certain statutory changes would need to be reflected in the agreement as well. Discussion followed on the jurisdiction of the City related to land use matters and the need to have reliable information to make good decisions. The Commission noted that concurrency was an important part of this decision-making process. In response to comments regarding the current PTAC and PSFPC, Mr.Johnson noted that the new agreement would likely require the creation of a separate PTAC and PSFPC made up exclusively of School Board and City of Winter Springs representatives. CITY COMMISSION MINUTES I REGULAR MEETING I . Further discussion followed, Mr. Johnson noted that the separate agreement, if approved, would put an additional administrative burden on SCPS but could not say to what degree. "MOTION TO SEND TO THE SCHOOL BOARD, PSFPC AND PTAC, THE WINTER SPRINGS PROPOSED DRAFT 5.11.2022 TO MOVE FORWARD." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION. VOTE: HALE (AYE); CANNON (AYE); ELLIOTT (AYE) BENTON (AYE);JOHNSON (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS AGENDA 400) Hickory Grove Townhomes 1 132 Townhomes (Single-Family Attached) "MOTION TO EXTEND THE MEETING THROUGH SECOND PUBLIC INPUT." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Mr. Schmidt introduced the item and the need to consider the remainder of outstanding items postponed at the March 14, 2022 City Commission Regular Meeting: Preliminary/Final Engineering Plans, one Waiver from the Town Center Code regarding lot coverage, removal of eleven specimen trees, and the Development Agreement for Hickory Grove Townhomes contingent upon conditions of approval described in the staff report. Mr. Dwight Saathoff, Project Finance and Development, 7575 Dr. Phillips Blvd, Orlando spoke briefly about changes and considerations since the project was last before the Commission including the addition of an ADA parking spot, the impact on traffic related to the high school, and sound mitigation process. Mr. Saathoff noted that it had been a long process and reviewed previous recommendations from the Planning and Zoning Board and staff and thanked the Commission for the opportunity at the March 14 meeting to discuss concerns. In response to a question from Commissioner Hale, Mr. Saathoff confirmed that ten (10) parking spots had been added and that the site remained code compliant. Deputy Mayor Cannon noted that he had not had any substantive communication about this matter prior to the hearing and then asked if the applicant was willing to workwith the City and potentially contribute fundsto help with measuresthat would alleviate traffic issues. CITY COMMISSION MINUTES I REGULAR MEETING I . Mr. Saathoff responded that a lack of road capacity was not a factor that a potential denial could be based off due to the City being a Transportation Concurrency Exception Area (TCEA), noted the project was designed per the Comprehensive Plan, stated that trip generation associated with the development would be minimal and that planned improvements to the Michael Blake Boulevard and SR 434 intersection were underway and may assist with concerns, noted multimodal credits including improving existing sidewalks, and finally noted that there was no requirement to make any contribution and no plans to do so based on the project's budgetary constraints. Discussion followed on the proposed multimodal projects. Mr. Jose Chaves, Project Finance and Development, 7575 Dr. Phillips Blvd, Orlando, noted improvements to existing sidewalks and connections to Winter Springs High School as well as bike parking stations on the property. Discussion followed on the City Code's requirement for quality level of service considerations as opposed to capacity and the design of the Town Center. Deputy Mayor Cannon asked Attorney Garganese about the TCEA and Attorney Garganese confirmed that the approval of the TCEA removed the consideration of traffic counts and instead required multimodal to be considered. Mr. Saathoff spoke briefly about different zones of the TCEA and noted that more suburban areas would have different requirements. Discussion then turned to lot coverage and in response to questions from the Commission, Mr. Chaves explained that they had looked at ways to minimize the ask and had come up with four options. The four options were the previously presented project, duplexes which were determined infeasible, and two additional alternatives which would both reduce lot coverage in different ways. Mr. Chaves confirmed that the size of the alleyways would not change, nor would the elevation, and that 34% of the green space would still be preserved. Mr. Chaves further noted that out of132 lots, 107 (81.1%) would not require a waiver and the remainder (18.9%) would still require the waiver. The Commission thanked the applicants for implementing language in Covenants and Restrictions dealing with home-based businesses. In response to a question from the Commission, Attorney Garganese noted that a provision had been added to the documents limiting a single entity to owning no more than two units. Discussion followed on how the number of lots was determined, previous proposals for the property, concerns about the proximity to the sidewalk and Blumberg Boulevard, the history of the Town Center and transects, and impacts certain changes would have on the project, road design, and other factors. Mr. Saathoff noted that the applicant had no intention of further changing the design, the potential for apartments on the site with other developers, and asked that the CITY COMMISSION MINUTES I REGULAR MEETING I . Commission make their decision between the two code compliant alternatives that were presented. Brief discussion followed on the Town Center and its history. Deputy Mayor Cannon and Mr. Brent Spain, Theriaque and Spain, 1809 Edgewater Drive, Orlando asked questions of Mr. Marcus Geiger, Kimley Horn, 189 South Orange Avenue, Orlando regarding the possibility of designing a project in compliance with the 70% lot coverage requirement. Mr. Geiger noted that it was his professional opinion that this was possible but noted that he had not undertaken the exercise on the site. Mayor McCann opened the Public Hearing for Item 400 Attorney Garganese noted that everyone sworn in previously was still under oath as this was a continuation of the March 74, 2022 hearing. Ms. Kim Coburn, 7376 Winter Springs Boulevard, Winter Springs thought the project was needed, noted a high demand for properties and housing shortage, said she would prefer this to apartments and encouraged approval. Ms. Renata Cahill, 7027 Birkdale Trail, Winter Springs noted she would like to move to this place, and encouraged approval. Mr. Weston Rose, 955 Glen Abbey Circle, Winter Springs noted he was looking to downsize and encouraged approval. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs noted attendance at previous hearings, that he hadn't heard objection from residents, thought this was a good project, and encouraged approval. Mayor McCann closed the Public Hearing for Item 400. Discussion then followed on the importance of doing due diligence, asking questions, making sure things are done properly, and the importance of following the City Code. Discussion turned to the definition of lot coverage and representations made. Attorney Garganese confirmed that the 70% maximum lot coverage requirement applied to individual lots as opposed to the entire site. Brief discussion followed on a previously proposed project on this same site that would have seen more units and higher density and comments were made about the effort to preserve the feel of the City. "MOTION TO APPROVE WAIVER 2021-0040 WITH ALTERNATIVE 2." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMMISSIONER HALE. DISCUSSION. CITY COMMISSION MINUTES I REGULAR MEETING I . VOTE: ELLIOTT (AYE); JOHNSON (AYE); HALE (AYE); BENTON (NAY); CANNON (NAY) MOTION CARRIED 3-2. "MOTION TO APPROVE SPECIMEN TREE REMOVAL WITH REPLACEMENT PER STAFF REPORT." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: JOHNSON (AYE); HALE (AYE); BENTON (AYE); CANNON (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. Deputy Mayor Cannon asked if restrictions on short-term rentals were made and it was confirmed that they had been included in the Covenants and Restrictions. "MOTION TO APPROVE FINAL ENGINEERING PLANS AND THE DEVELOPMENT AGREEMENT (ALTERNATIVE 2) FOR HICKORY GROVE TOWNHOMES, CONTINGENT UPON CONDITIONS OF APPROVAL IN STAFF REPORT." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: HALE (AYE); BENTON (NAY); CANNON (NAY); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 3-2. 501) New Business Deputy Mayor Cannon requested that Staff reevaluate the TCEA in the City as quickly as possible, noted he had concerns, and wanted this brought back for a discussion. In response to an inquiry from Deputy Mayor Cannon, Manager Boyle noted that other projects approved in the Town Center had contributed towards the traffic signal for Michael Blake Boulevard. He noted that rising costs were causing some issues and that the City was expecting completion of the signal between December 2022 and March 2023. Attorney Garganese noted that the traffic engineer would need to be engaged and there would be many steps involved in the assessment and any potential change to the TCEA. "MOTION TO DIRECT STAFF TO GET PROPOSALS FROM CURRENT TRAFFIC ENGINEERING FIRMS TO GIVE GUIDANCE." MOTION BY DEPUTY MAYOR CANNON. CITY COMMISSION MINUTES I REGULAR MEETING I . Discussion followed on traffic studies the City had previously completed, misunderstandings among some about the traffic-calming toolbox and attempts to explain that the presented roads were examples and not proposals, and questions about traffic impact fees. Manager Boyle noted a discussion on impact fees would be a different process. DEPUTY MAYOR CANNON WITHDREW HIS PREVIOUSLY STATED MOTION. Commissioner Elliott asked about the scheduling of a previously discussed workshop on Florida Statute 559.955 related to home-based businesses. Commissioner Elliott also asked about the previously discussed naming of a legacy oak tree in Trotwood Park and noted that he would like to see that come back at a future meeting. Mayor McCann noted concerns about companies buying a large number of units in new developments and asked about ways to address this issue, whether in the Development Agreements or elsewhere. Deputy Mayor Cannon noted that Homeowner's Associations could also address this in their Covenants and Restrictions and wanted to look at further addressing the issue in the Comprehensive Plan and Land Development Regulations (LDRs). Attorney Garganese noted that he would have to do further research on the matter. Commissioner Benton asked that the City look closely at rental properties and ensure that they were subject to the same rules and regulations as other businesses. Deputy Mayor Cannon noted his previous discussion on soil-enhancement and associated reductions in irrigation and said that he was continuing to engage in conversations about the topic. REPORTS 600)City Manager Shawn Boyle • No report 601)City Attorney Anthony A. Garganese • No report 602)City Clerk Christian Gowan • No report 603)Seat Three Commissioner Ted Johnson • Recognized Manager Boyle for going above and beyond and helping with a trash issue. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, MAY 23, 202210 OF 12 604)Seat Four Commissioner TiAnna Hale • Hale - Blake Apts trash; Happy Graduation; Trotwood Food Trucks amazing; Fish Winter Springs; Authentic Church Headquarters; Memorial Day VFW Ceremony 605)Seat Five Commissioner Rob Elliott • Noted taking a tour of the East Wastewater Treatment Plant and commented that repairs were going well; • Noted he was working with Chief Tracht to update the chaplain process; • Noted attendance at Fish Winter Springs, the Arbor Day event, Authentic Church Headquarters opening, and the Trotwood food truck event; • Noted attendance at the Leadership Seminole graduation luncheon and said he planned on being in the next class; • Asked for an update on the proposed flag retirement box at City Hall; • Thanked Chief Tracht and the Winter Springs Police Department for all their work. 606) Mayor Kevin McCann • Noted attendance at the Leadership Seminole graduation and thought it was a great event. • Noted his attendance at the Sheriff's Fallen Heroes event, commented that it was very emotional and moving; • Noted the recent arrest of a burglar; • Noted meeting with Eagle Scout candidate regarding the flag boxes and was waiting to hear more from them. 607)Seat One Commissioner Matt Benton • Asked that people stay aware of COVID and stay home if they are sick. 608)Seat Two Commissioner/Deputy Mayor Kevin Cannon • Noted his attendance at the Sheriff's Fallen Heroes event, said it was very moving, and noted that 682 police officers were killed in 2021; • Noted that he was proud of the Cartledges and their efforts; • Echoed the positive comments about the many recent City events; • Thanked the Commission and Staff for always doing their due diligence. PUBLIC INPUT Mr. Robert Miller, 679 Silvercreek Drive, Winter Springs spoke about traffic calming devices. Mr.Art Gallo, 799 Nandina Terrace, Winter Springs agreed there was confusion about the traffic-calming toolbox, asked for assistance in trying to find past proclamations, and thanked Commissioners for asking hard questions. CITY COMMISSION MINUTES I REGULAR MEETING I . ADJOURNMENT Mayor McCann adjourned the meeting at 11:03 PM. RESPE TFUL L Y S UBMl77ED: C RISTIAN D. GOWAN ��Q�.•. '"' CITY CLERK 3`.• q` vk 4 re. o . o APPROVED. o u MAYOR KEVIN McCANN NOTE: These Minutes were approved at the UI 2022 City Commission Regular Meeting. CITY COMMISSION MINUTES I PEGULAR MEETING •