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HomeMy WebLinkAbout2022 08 22 Consent 303 - Approval of the Minutes from the Monday, August 8, 2022 City Commission Regular Meeting • CONSENT AGENDA ITEM 303 n, CITY COMMISSION AGENDA I AUGUST 22, 2022 REGULAR MEETING 1959 TITLE Approval of the Minutes from the Monday, August 8, 2022 City Commission Regular Meeting SUMMARY RECOMMENDATION Staff recommends the City Commission approve the minutes as presented. 1 CITY COMMISSION Incorporated 1959 P E G U LA P MEETING MINUTES MONDAY, AUGUST 8, 2022 AT 6:30 PM CITY HALL- COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 2 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, August 8, 2022 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 Kevin McCann, present Deputy Mayor Kevin Cannon, present Commissioner Matt Benton, present Commissioner Ted Johnson, 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 Commissioner Rob Elliott provided the Invocation followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda. Commissioners noted a desire to discuss Items 300 and 306 prior to approval of the Consent Agenda. AWARDS AND PRESENTATIONS 100) Winter Springs Police Department Swearing In Ceremony for New Police Officers Chief Matt Tracht, Winter Springs Police Department introduced Officers Johnathan Eolie and Pedro DaSilva and swore them in as new police officers. 101) UCF Incubator Quarterly Update Mr. Rafael Camaano, Site Manager, UCF Incubator, 1511 East State Road 434, Suite 2001, Winter Springs provided an update covering April through July 2022. Mr. Camaano discussed programs and services, participating companies (noting 15 total with 3 new companies since the last update), reviewed metrics, and introduced Ms. Nikki Bateman. Ms. Nikki Bateman, 1511 East State Road 434, Suite 2001, Winter Springs, noted she was a longtime resident, military veteran, UCF grad, and founder of MatchMyPlace. Ms. Bateman reviewed her company and mission to serve first responders and protect confidential information, noted the benefits of partnering with the UCF Incubator, and her intention to launch nationallyand bring dollarstothe community. Mr. Camaano noted ongoing efforts to develop small business cohorts and an Open CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, AUGUST 8, 2022 1 PAGE 2 OF 12 3 House on September 9, 2022 as well as workshops to be held in September and October. Discussion followed on the need for office space within the City, budgetary considerations, the value of the Incubator, and the GID. Mr. Camaano highlighted the work of the Small Business Development Center as well and noted they were a great resource. Brief discussion followed on the performance of participating companies in a tough economic environment. INFORMATIONAL AGENDA 200) Current Development Projects Summary Manager Boyle noted that the Current Development Project Summary detailed every project being considered and worked on by City Staff and clarified that Wal- Mart was not on this list. Manager Boyle reiterated there is no Wal-Mart project. Mayor McCann spoke about false information and asked City Attorney to describe the allowable use of the Greeneway Interchange District (GID). Attorney Garganese reviewed the history of the GID's creation, changes, and today's limit to target industries such as aeronautics, digital media, corporate parks, etc. Continuing, Attorney Garganese noted the GID was meant to be the premier employment site in the City and clarified that no retail shopping center would be permitted under the current zoning district. Deputy Mayor Cannon noted copies of GID language were available for residents and available on the website. PUBLIC INPUT Mayor McCann opened Public Input. Mr. Kok Wan Mah, 145 Nandina Terrace, Winter Springs noted he understood allowable target industries in the CID, and wondered if there were any requests for land use change for the subject property. Reviewed land use and zoning change considerations and requirements. Thought land in question was ideal for target industries as currentlyaHowed. Manager Boyle noted there had been no applications or discussions/requests for a land use change. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, AUGUST 8, 2022 1 PAGE 3 OF 124 Mr. Jesse Phillips, 7764 Duncan Drive, Winter Springs noted petitions gathered in opposition to the Wal-Mart and widespread community opposition. Mr. Ken Greenberg, 7635 White Dove Drive, Winter Springs echoed Mr. Phillip's comments, commented on the changeable nature of the zoning, noted 2,000+ people in opposition to a potential Wal-Mart, and commented on misinformation and politics Mr. Robert Miller, 679 Silvercreek Drive, Winter Springs read a statement commending the Mayor and Commission on recognizing the need for increased code enforcement presence. Mr. Maurice Kaprow, PO Box 795233, Winter Springs spoke about code enforcement, development, and made further comments about positive things happening in Winter Springs Mr. Michael Blake, 777 Canadice Lane, Winter Springs noted a presentation that occurred at the last meeting that was not on the agenda and didn't think it was appropriate. Mr. Blake also shared comments about the GID and the need to make known what is appropriate in that area now and if the current Commission supported the GID as currently written. Finally, Mr. Blake commented on the Landscape RFP and noted the current providers were not meeting their obligations Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke about ideas on campaign sign limits, commended the Chief and Winter Springs Police Department, noted she was waiting patiently for the Michael Blake light, asked the Commission to continue to consider body cameras for police officers, and noted her attendance at the July 11 meeting and her feeling that an inappropriate presentation was given by Equinox development representative. Mr. Brian Scholl, 1120 Pheasant Circle, Winter Springs commented that he thought the will of the people was clear in relation to any potential Wal-Mart and expressed confidence that the Commission would act properly. Ms. Marguerite Orf, 702 Cottontail Court, Winter Springs noted greenbelts that were previously proposed, the need to further preserve nature, and water and flooding concerns. Mr Jim Futch, 779 Goshawk Terrace Winter Springs noted a recent tour he took of the research and development park at UCF, commented they're almost at buildout, and thought land in question (GID) was ideal for further expansion of the research park. Mr. Scott McEwen, 687 Saranac Drive, Winter Springs noted approvals of previous developments and shared concerns CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, AUGUST 8, 2022 1 PAGE 4 OF 125 Manager Boyle noted for each of the projects approved, there were many more that never made it as they don't meet basic criteria. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs noted attendance at Commissioner Cannon s recent Town Hall, no application for Wal-Mart, and reviewed the process for the previously noted developments that had been approved. Ms. Kristen Bruno, 1002 Papaya Lane, Winter Springs shared concerns regarding her attempts to become a poll-worker for the upcoming elections. Mr. Norbert Young, 681 Oneida Lane, Winter Springs noted flooding issues and the importance ofpreserving natural areas Ms Linda Freeburn, 1604 Cougar Court, Winter Springs noted she wanted to know what had changed in the GID from the 1990s and shared comments on traffic concerns about people cutting through Tuscawilla. Mayor McCann closed Public Input. Discussion followed on Ordinance 2019-09 which created more stringent criteria for rezoning, conditional uses, and a procedure for requiring signs and community workshopsto receive inputfrom residents,the many opportunities for input afforded to residents throughout the process, previous changes made to the GID, Government in the Sunshine requirements, and the updated Arbor Ordinance to protect more trees. Commissioners thanked the residents in attendance, encouraged reaching out to City Staff and/or Commissioners to get accurate information, and encouraged residents to remain active in the City. CONSENTAGENDA 300) Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2022-2023 Annual Assessment Roll for Tax Year 2022 relating to the Oak Forest Wall and Beautification District, Tuscawilla Lighting and Beautification Assessment Area, and Tuscawilla Phase I II Assessment Areas. Commissioner Elliott asked for clarification on assessment districts and why some people pay more than others. Mr. Scott Borror, Director, Finance Department explained that the rate assessed is the same for all parcels but benefit units (B.U.$) differ and noted that differences result from the calculated benefit gained from the wall. 301) Donation of Slingback Pack K9 First Aid Care and Kit. No discussion. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, AUGUST 8, 2022 1 PAGE S OF 12 6 302) Award of RFP 06-22 KM, Landscape Maintenance Services No discussion. 303) West WRF Temporary Disk Filter Rental Contract Modification No discussion. 304) West WRF Temporary Belt Press Contract Modification No discussion. 305) Approval of the Minutes from the Thursday,July 7,2022 City Commission Budget Workshop No discussion. 306) Approval of the Minutes from the Monday,Julyll,2022 City Commission Regular Meeting It was noted that Commissioner Elliott had been noted as absent when he was present. Mr. Christian Gowan, City Clerk noted that the change had already been made and that this was being brought up for the sake of transparency. "MOTION TO APPROVE CONSENT AGENDA WITH THE CORRECTION TO THE JULY 11 MINUTES." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE);JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS AGENDA 400)Second Reading of Ordinance 2022-01 regarding Simplification and Reduction of BTR (Business Tax Receipt) rates. "MOTION TO EXTEND THROUGH SECOND PUBLIC INPUT." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2022-01 by title only and noted that no substantial changes had been made since first reading. Manager Boyle noted the current application was included and more specific changes would be entertained. Manager Boyle reviewed the current process. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, AUGUST 8, 2022 1 PACE 6 OF 127 Discussion followed on concerns about vehicles, especially commercial vehicles, in residential neighborhoods and the need for education. Manager Boyle noted education was always the first resort and noted that Winter Springs was a business-friendly city. Attorney Garganese noted the application could be varied and brief discussion followed on Florida Statute SS9.99S related to home-based businesses and the importance of code enforcement. Mayor McCann opened the Public Hearing for Item 400. Mr. Robert Miller, 679 Silver Creek Drive, Winter Springs commented on the differences ,between residential and commercial areas and thought the noise ordinance may need to be reevaluated. Chief Tracht noted statutes that cover vehicular noise as a result of modifications. Mr. Mac McLaughlin, 459 Ponce De Leon Circle, Winter Springs sought clarification on when the Home-Based Business statute had gone into effect. Mayor McCann closed the Public Hearing for Item 400. "MOTION TO APPROVE ORDINANCE 2022-01." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE:JOHNSON (AYE); CANNON (AYE); ELLIOTT (AYE); BENTON (AYE); HALE (AYE) MOTION CAPRI ED 5-0. 401) Consideration of Final Plat --Winter Springs Market Place Mr. Nick Tafelsky, Senior Planner, Community Development Department noted that he was available for questions. Discussion followed on the immense amount of time and effort that this plat required from the City Attorney and Staff and the possibility of building in an appropriate fee to the application process to account for the necessary Staff time. There was consensus to examine appropriate fees to avoid any similar issues in the future and take a burden off of taxpayers. Attorney Garganese noted that a more holistic look at the cost to process CITY COMMISSION MINUTES I PECULAP MEETINC I MONDAY, AUCUST 8, 2022 1 PACE 7 OF 12 8 applications was necessary and commented on the difficulty of estimating necessary time early in the process. Manager Boyle suggested pairing this assessment of application processing fees with the plan to look at impact fees. Discussion then turned to the vacant parcel at the corner of State Road 434 and Tuskawilla Road. Commissioners noted the lot was an eyesore. Mr. Tafelsky reviewed some correspondence that he had exchanged with Ryan Stahl of Equinox related to the maintenance of the corner lot. Mr. Ryan Stahl, 630 South Maitland Avenue, Maitland acknowledged the mutual challenges with the plat, noted that he saw the parcels as separate developments rather than one large project, and noted that stump grinding and other work on the corner lot was on hold as he wished to have it addressed the same time equipment was on-site for a proposed Fifth-Third Bank. Further discussion followed on the corner lot, the proposed Fifth-Third Bank, and the possibilityof conditioning the removal oftreeswith actual development in thefuture. Attorney Garganese noted that a process of conditioned tree removal could be applied in a phased project, however the Winter Springs Marketplace was never brought forward as a phased project. Mayor McCann opened the Public Hearing for Item 401 Ms Gina Shafer, Winter Springs Village, Winter Springs spoke about legal fees and thought the corner lot in question looked bad currently. Ms Sheila Benton, 414 Cedarwood Court, Winter Springs reviewed previous remarks by Mr. Stahl and thought developers needed to follow the rules/processes Mr. Mac McLaughlin, 459 Ponce De Leon Circle, Winter Springs asked about the possibility of keeping the corner lot as green space and thought that would be preferable to further development. Mr. Kok Wan Mah, 145 Nandina Terrace, Winter Springs commented on unforeseen fees that arise during projects and his experience with similar projects Mr. Art Gallo, 199 Nandina Terrace, Winter Springs agreed with Ms Benton and shared concerns with the developer and planning process related to the Winter Springs Marketplace. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, AUGUST 8, 2022 1 PAGE 8 OF 12 9 Mayor McCann closed the Public Hearing for Item 407 Attorney Garganese noted that four lots were to be platted and that the remaining corner lot was not included in the plat being decided but had been accounted for in the Development Agreement. In response to concerns about a piecemeal approach, Manager Boyle noted that the project came in in totalitywith the exception of one lot. Manager Boyle further noted that there was currently no definition of what the vacant lot was supposed to look like. Brief discussion then followed on including more precision in future development agreements. Attorney Garganese referred to the Development Agreement and noted that the Marketplace and the corner lot, once referred to as the "Trust Property" are noted as separate parcels. Attorney Garganese then noted that if the developer had platted before conveying the lots the process would have been much simpler. Continuing, in response to questions from the Commission, Attorney Garganese noted that it was his opinion that the developer had opened themselves to litigation and that the corner parcel would have to be addressed when it was brought before the Commission. In reference to concerns about presentations at public input, Attorney Garganese noted that public input has rules and he encouraged the Commission to direct any future presenter to the process for non-binding and/or binding reviews. Discussion followed on Mr. Stahl's willingness to work through the process previously, the need to address the plat, and a question about the proposed Fifth- Third Bank being included in the plat. Attorney Garganese noted that the bank was not included in the plat but again referred to the Development Agreement and explained that any project would have to meet requirements of the previously approved site plan and fit on what was designated as "Parcel 3." Attorney Garganese reiterated that there was no need to include the former "Trust Property" into the plat before the Commission. Brief discussion followed on "Parcel 3" and Mr. Stahl noted that it had not yet been sold and he did not intend to sell it before platting took place. "MOTION TO APPROVE ITEM 401." MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: CANNON (AYE); BENTON (AYE); HALE (AYE);JOHNSON (AYE); ELLIOTT (NAY) MOTION CARRIED 4-1. CITY COMMISSION MINUTES I PECULAP MEETINC I MONDAY, AUCUST 8, 2022 1 PACE 9 OF 12 10 REGULARAGENDA 500) Discussion on Temporary Suspension of the Temporary Sign Code Attorney Garganese and Manager Boyle reviewed the proposed resolution, noted this was a standard process that occurred every election year, and noted that the resolution was narrow in scope, relating only to numbers of signs permitted on certain properties and the permitting process. Chief Tracht noted the Police Department had shared information on political signs and consequences of stealing them through their social media. Discussion followed on alleviating the burden on code enforcement officers and the possibility to make the resolution effective every election year rather than needing to address it every two years. Attorney Garganese noted that a review of the sign code was likely necessary to incorporate guidance from the Supreme Court and that he would look into the matter. Further discussion followed on the types of signs that were included, the potential of limiting the scope to only include electioneering communication, concerns about the regulation of speech, and potential caps on the numbers of signs on properties. Attorney Garganese opined that the City could not regulate types of speech and noted that this was the only way he could think of to effectively deal with the temporary on-premises signs. Brief discussion followed on required disclaimers and Attorney Garganese noted this was an issue related to the Election Code rather than the City Code. VOTE: BENTON (AYE);JOHNSON (AYE); CANNON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 501) New Business Deputy Mayor Cannon asked Chief Tracht to share City crime rate data. Chief Tracht noted he would send this information to the Commissioners. REPORTS 600)City Manager Shawn Boyle • Noted that Winter Springs was listed as the fourth safest city in Florida and that crime was down an additional 1S%year-to-date. COMMISSIONCITY I REGULAR MEETING I MONDAY, AUGUST 8, 2022 1 PAGE 10 OF 11 601)City Attorney Anthony A. Garganese • No report 602)City Clerk Christian Gowan • No report 603) Seat One Commissioner Matt Benton • No report 604)Seat Two Commissioner/Deputy Mayor Kevin Cannon • No report 605) Seat Three Commissioner Ted Johnson • Noted that he went to Torcaso Park recently and terrific progress was being made on the boardwalk. 606)Seat Four Commissioner TiAnna Hale • Noted a Library Master Plan discussion planned for August 9th at 1:30PM in Sanford and encouraged residents to attend; • Congratulated Rafael and the UCF Incubator for their work and assistance of small businesses; • Noted she was looking forward to the upcoming Florida League of Cities Annual Conference and mentioned it was a good opportunity to be heard at the state and national level. 607) Seat Five Commissioner Rob Elliott • Noted he would be attending Leadership Seminole starting Thursday. 608) Mayor Kevin McCann • Noted he was looking forward to the Florida League of Cities Conference; • Noted he had dropped his son off today as he departed for the Coast Guard PUBLIC INPUT Mayor McCann opened Public Input. Mr. Maurice Kaprow, PO Box 195233, Winter Springs noted he was proud to live in the City and spoke out against slander. CITY • 12 Mr.AndrewHood, 663Cayuga Drive, Winter Springs asked about signage restrictions related to political flags and signs from past elections. Attorney Garganese noted the City doesn't regulate speech on signs/flags. Ms. Gina Shafer, Winter Springs Village, Winter Springs thanked Manager Boyle for immediately addressing an issue in a park, commended Ms Casey Howard, Deputy City Manager, and asked that traffic studies be required for new developments Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 10:28 PM. RESPECTFUL L Y SUBMI T IED: CHRISTIAN GOWAN CITY CLERK APPROVED: MAYOR KEVIN McCANN NOTE: These Minutes were approved at the 12022 City Commission Regular Meeting. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, AUGUST 8, 2022 1 PACE 12 OF 12 13