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HomeMy WebLinkAbout2023 01 23 Consent 304 - Approval of the Minutes from the Monday, January 9, 2023 City Commission Regular Meeting • CONSENT AGENDA ITEM 304 ,n m=ared CITY COMMISSION AGENDA I JANUARY 23, 2023 REGULAR MEETING 1959 TITLE Approval of the Minutes from the Monday,January 9, 2023 City Commission Special Meeting SUMMARY RECOMMENDATION Staff recommends City Commission to approve the Minutes as presented. 38 i CITY COMMISSION Incorporated REGULAR MEETING MINUTES 1959 MON ®AY, JAN UARY 91 2023 AT 6:30 PM CITY HALL- COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 39 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday,January 9,2023 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 Rob Elliott, present Commissioner Matt Benton, present Commissioner Victoria Colangelo, present Commissioner Ted Johnson, present Commissioner Cade Resnick, present City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present Pastor Kyle Stewart led the invocation followed by the Pledge of Allegiance. There were no changes to the agenda and the agenda was adopted. AWARDS AND PRESENTATIONS 100) Not Used INFORMATIONAL AGENDA 200) Current Development Projects Summary No discussion. PUBLIC INPUT Mr. David Florman 770 E Bahama Road, Winter Springs spoke about information suppression and suggested a change for the Pledge ofAllegiance. Mr. John Horan, 7672 Wood Duck Drive, Winter Springs - passed out some paperwork, spoke in opposition of a moratorium and thought it sent a bad message to the business community. Rate study nota moratorium Mr. Judah Ernst, 7227 Trotwood Blvd, Winter Springs spoke about Trotwood Park and bad language heard at the basketball courts. Proposed alternate location and sound mitigation. Mr. David Ford, 7223 Trotwood Boulevard, Winter Springs shared concerns about a basketball court being located in proximity to his home, associated noise, and proposed an alternative location for the basketball courts Ms Karen Meyer, 747 Andover Circle, Winter Springs shared comments on working together for the City, spoke in opposition to the proposed 3-story self-storage facility, and spoke in support of the moratorium to give the City time to look into flooding. Mr.Art Gallo, 799 Nandina Terrace, Winter Springs noted his research on the Parkstone artesian well, Consumptive Use Permit, and wastewater treatment plants. Mr. Gallo asked to submit his findings into the record and shared three key points from his findings. CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, JANUAPY 9, 2023 1 PAGE 2 OF 10 40 Mr. Robert Miller, 679 Silvercreek Drive, Winter Springs, submitted documents for the record and spoke about a communitypetition to close Shore Road and create a pond and associated park with a pedestrian bridge. Mr. Miller noted that more signatures were being gathered and would be presented at the next Commission meeting. Ms Gina Shafer, Winter Springs Village, Winter Springs spoke in favor of the proposed moratorium, noted that she had called and invited several County Commissioners to the meeting regarding discussion on enclaves, and noted it was Law Enforcement Appreciation Day. Mr. Kevin Cannon, PO Box 795447, Winter Springs spoke about the proposed moratorium and was in favor of elected officials voicing concerns at County Commission meetings CONSENTAGENDA 300) Resolution No. 2023-01 Extending the Declaration of Local Emergency related to Ongoing Hurricane Ian Recovery No discussion. 301) Resolution 2023-02 Recognizing the Retirement of Sergeant Allison Smith for the Police Department. No discussion. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSION ER JOHNSON. DISCUSSION. VOTE: BENTON (AYE);COLANGELO(AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT(AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS AGENDA 400) Second Reading and Adoption of Ordinance 2022-11 amending Chapter 20,Zoning,to regulate self-service storage facilities and allow them as a conditional use in certain zoning districts, provide clarification on the intent of the C-3 Hwy17-92 zoning district,and provide for additional regulations related to the design and operation of self-service storage facilities. Attorney Garganese read Ordinance 2022-11 by title at the request of Mayor McCann. Mr. Nick Tafelsky, Senior City Planner, Community Development Department was available for questions. Discussion followed on a discrepancy in the presented version and the version presented at first reading and the fact that this ordinance was not an authorization of any self-storage project. Attorney Garganese noted that this ordinance dealt only with land inside the city limits of Winter Springs and further noted that this dealt with design standards and appropriate locations for self- storage. Attorney Garganese clarified that this was separate from a discussion scheduled for later in the evening regarding an unincorporated enclave and a proposed Seminole County project. Manager Boyle noted that the City thought self-storage was compatible in some areas, such as the 17-92 corridor, and reiterated that this ordinance sought to clarify the City's position. Further discussion on the discrepancy between the first and second reading versions. Attorney Garganese noted that the wrong version had been included in the agenda packet and recommended postponing the public hearing to preserve advertising and be presented the correct version. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, JANUARY 9, 2023 1 PAGE 3 OF 10 41 "MOTION TO POSTPONE TO TIME DATE CERTAIN OF JANUARY 23,2022." MOTION BY COMMISSIONER JOHNSON.SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE);COLANGELO(AYE); RESNICK(AYE); ELLIOTT(AYE);JOHNSON (AYE) MOTION CARRIED 5-0. 401) Second and Final Reading and Adoption of Ordinance 2022-12, adopting a temporary moratorium on the filing, processing, consideration, or decision of final engineering plan and subdivision of land applications for developments requiring construction of stormwater management and drainage systems. Attorney Garganese read Ordinance 2022-12 by title at the request of Mayor McCann. Attorney Garganese noted a request at the previous meeting to include language to allow for limited preliminary review during the moratorium provided applicants filed appropriate acknowledgment that stormwater and drainage management standards may change which was included in the new Section 4. Mr.Tafelsky was present for questions. Brief discussion followed on drainage and stormwater considerations for the proposed County project and the fact that the City couldn't control County design standards. Mayor McCann opened Public Hearing for Item 407. Mr. John Horan, 7672 Wood Duck Drive, Winter Springs asked about potential annexation of the property with the County proposed project and noted opposition to the proposed moratorium. Mr. Kevin Cannon, PO Box 795447, Winter Springs, spoke in favor of the moratorium and the need to look at flood design standards. Ms Gina Shafer, Winter Springs Village, Winter Springs spoke in favor of the moratorium. Mr. Paul Partyka, 7693 Wingspan Way, Winter Springs spoke in opposition to the moratorium and noted he was in favor of looking at the stormwater design standards and working to prevent future flooding. Mr. Robert Miller 679 Silver Creek Drive, Winter Springs spoke in favor of having the City look into flooding concerns and stormwater management. Mayor McCann closed Public Hearing for Item 407. Discussion followed on the need for the 90-daytime period,which projects the moratorium impacted, clarifying requirements for developers related to stormwater management design,the need for more information so that informed decisions could be made, providing Staff with time to analyze the issue, and the ability for Staff to complete their information gathering and associated studies within the 90- daytime period. Further discussion followed on the need to examine existing developments and possible retrofitting of existing infrastructure, creek maintenance, and the interest the residents had expressed in finding solutions to flooding issues. In response to a question about staffing, Manager Boyle noted that there were several departments involved in the process as well as consultants. Manager Boyle explained that Pegasus had been CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, JANUAPY 9, 2023 1 PAGE 4 OF 10 42 contracted to do a large share of the work, Engineering would be focused on reviewing and recommending changes to the City Code, and Community Development Staff would handle any applications and their review. Manager Boyle noted models needed to be updated, analyses needed to be performed, and thought a Workshop would likely be necessary to fully explain any proposed changes to the Code. In response to questions about the newly added Section 4, Attorney Garganese noted that it was added after the first reading upon the Commission's request and explained that this provision allowed for the filing of an application, including for new projects, and Staff review, but none of these projects could go before the Planning and Zoning Board or the City Commission for final consideration unless they fell under an exception listed in Section 3. Manager Boyle noted that the 90-day time period was a goal and that Staff would work hard to get the work done in that time frame and not seek an extension. Mr. Phillip Hursh, City Engineer, noted that retrofitting would be looked at and presented for consideration and also noted that work had recently been done surveying the creeks which would allow more projects to be identified. "MOTION TO APPROVE ADOPTION OF ORDINANCE 2022-12 ADOPTING ATEMPORARY MORATORIUM ON THE FILING, PROCESSING, CONSIDERATION, OR DECISION OF FINAL ENGINEERING PLAN AND SUBDIVISION OF LAND APPLICATIONS FOR DEVELOPMENTS REQUIRING CONSTRUCTION OF STORMWATER MANAGEMENT AND DRAINAGE SYSTEMS." MOTION BY COMMISSIONER BENTON. SECONDED BY DEPUTY MAYOR ELLIOTT. DISCUSSION. "I MOVE TO AMEND THE MOTION TO REMOVE THE EXTENSION PROVISION." MOTION BY COMMISSIONER COLANGELO.SECONDED BY COMMISSION ER RESNICK. VOTE ON AMENDMENT:JOHNSON (NAY); ELLIOTT(NAY);COLANGELO (AYE); RESNICK(AYE); BENTON (NAY) MOTION FAILED 2-3. VOTE ON MAIN MOTION: ELLIOTT(AYE);JOHNSON (AYE);COLANGELO(NAY); BENTON (AYE); RESNICK (NAY) MOTION CAPRI ED3-2. 402) Fifth Third Bank Final Engineering Mr.Tafelksky introduced the item and reviewed Staff's recommendations. Attorney Garganese noted that this was a subsequent phase of an existing project, Winter Springs Marketplace, subject to a Development Agreement in which the property is already at its limit of monument signs. Attoreny Garganese further explained that the application was seeking an additional monument sign over what is currently allowed. Discussion followed on the proposed location of the sign, single versus multi-tenant signs, and the existing signs and their capacity. Mr. Ryan Stahl,630 S. Maitland Avenue, Maitland - Equinox Development-reviewed the history of the Winter Springs Marketplace project, noted current signs were at capacity, and spoke about signage requirements for national retailers that are interested in the corner parcel. Further discussion followed about plans for the parcel. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, JANUARY 9, 2023 1 PAGE 5 OF 10 43 "MOTION TO EXTEND THE MEETING THROUGH SECOND PUBLIC INPUT."MOTION BY COMMISSIONER BENTON.SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO EXTEND THE MEETING THROUGH THE COMPLETION OF ITEM 402." MOTION BYCOMMISSIONER COLANGELO. MOTION DIED FOR LACK OFA SECOND. "I MOVE TO AMEND THE MOTION TO EXTEND THE MEETING THROUGH THE REGULAR AGENDA, ITEM SOS." MOTION BYCOMMISSIONER RESNICK.SECONDED BYCOMMISSIONER COLANGELO. VOTE ON AMENDMENT: BENTON (NAY);COLANGLEO (AYE);JOHNSON (NAY); RESNICK(AYE); ELLIOTT (NAY). MOTION FAILED 2-3. VOTE ON MAIN MOTION: BENTON (AYE);COLANGELO(AYE);JOHNSON (AYE); RESNICK(NAY);ELLIOTT (AYE) MOTION CARRIED 4-1. In response to an inquiry from the Commission, Mr. Tafelsky noted that if nothing were done, no monument sign would be allowed on the site and signage would be limited to the building. Further discussion followed on the location of the proposed sign, the need for businesses to have signage, and the aesthetic review requirements that were being considered. Mr. Stahl noted that he was also seeking a 6-month extension to comply with streetscape requirements. In response to a question about the requested waiver being considered, Mr.Tafelsky clarified that the parking area had been pushed back to preserve an existing oak tree on the property. Mr. Marcus Geiger, Kimley-Horn, noted that the main root zone would not be impacted and that the tree should remain healthy. Mayor McCann opened Public Hearing for Item 402. Ms Gina Shafer, Winter Springs Village, Winter Springs noted her preference for a multi-tenant sign. Mr. Kevin Cannon, PO Box 795447, Winter Springs spoke about previous requests by the applicant for monumentsigns and spoke about crowding concerns Mr. Art Gallo, 799 Nandina Terrace, Winter Springs spoke about waivers and the potential need to change the code. Mayor McCann closed Public Hearing for Item 402. Manager Boyle clarified the applicant was seeking an additional 6 months, total not to exceed 12 months,to allow for the completion of the streetscaping. Brief discussion about the prohibition on seeking further signage. Attorney Garganese noted the agreement only referenced State Road 434 and there was no mention ofTuskawilla Road. CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, JANUAPY 9, 2023 1 PAGE 6 OF 10 44 "MOTION TO APPROVE ITEM 402 WITH STAFF RECOMMENDATION AND THE ADDITIONAL 180 DAYS RELATED TO THE BOND AS REQUESTED BY THE APPLICANT." MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR ELLIOTT. DISCUSSION. VOTE:COLANGELO(AYE); RESNICK(AYE); BENTON (AYE);JOHNSON (AYE); ELLIOTT(AYE) MOTION CARRIED 5-0. REGULAR AGENDA 500) Trotwood Basketball Courts ITB#11-22 LH Mr. Leonard Hartman, Director, Parks and Recreation Department reviewed the item and noted Staff sought the award of the ITB to the lowest bidder, Orange Avenue Enterprises as presented. Discussion followed on the previous postponement of the item, resident concerns, tours of the area, and the rationale for the placement of the courts. Mr. Brian Dunigan, Parks Manager, Parks and Recreation Department noted community input in the process,attempts to increase parking,and the need for repair of the basketball courts were all factors that had been considered in developing this proposal. In response to a question about calls for service at Trotwood Park, Chief Matt Tracht, Winter Springs Police Department, noted that 8 of 1400 calls for service were crimes and that 86% of these calls for service were logged patrols of the area. Further discussion followed on discussions with basketball players, the desire to be close to the parking lot, landscaping and potential fencing, and the bid process. Manager Boyle noted that local preference was not specified in this ITB but noted that the Commission could direct that to be included for future bids. "MOTION TO APPROVE." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: RESNICK(AYE);JOHNSON (AYE); ELLIOTT(AYE); BENTON (AYE);COLANGELO (NAY) MOTION CARRIED 4-1. 501) Non-Binding Review-Avid at Winter Springs Mr. Tafelsky briefly introduced the item and Mayor McCann asked for a review on the non-binding review process. Attorney Garganese reviewed the process. Mr. Chuck Hollis, 712 Ponca Trail, Maitland, reviewed the proposed Avid multi-family project, the proximity to the Town Center, and noted that the project was planned with a goal to provide attainable rent. Discussion followed on the classification of buildings as apartments, the location of the project, and the intentions of the applicant to seek annexation into the City. Mr. Hollis noted stormwater considerations for the project and also spoke about efforts to consider neighboring residents. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, JANUARY 9, 2023 1 PAGE 7 OF 10 45 Attorney Garganese noted that multi-family would be a conditional use in the Town Center, reviewed step-back requirements for buildings over three stories, and setback requirements. 502) Discussion on Tuskawilla Storage Project Mayor McCann briefly reviewed the proposed project. Attorney Garganese noted the development permit application was pending before the Seminole County Board of County Commissioners,the applicant was seeking a PD zoning which would require a master plan for the specific use, and noted that if the project were to proceed a community workshop would be required as well as consideration by the Development Review Committee, and ultimately the County Commission. Discussion followed on time frames and legal paths available to the City, meetings with County Commissioners, previous direction to have Attorney Garganese attend County meetings where this was being considered and voicing the City's concerns, and a call for residents to reach out to County Commissioners as well. The Commission agreed that the City should put together an education and marketing campaign to make residents aware of this proposed project and how they could voice their concerns. 503) Discussion on Annexation Strategy and Joint Planning Agreement No additional discussion. 504) Appointment Opportunities for City Boards and Committees No appointments were made. 505) New Business Commissioner Johnson asked that a discussion be placed on a future agenda to discuss awarding Kevin Cannon the Key to the City and reviewed his accomplishments that he thought warranted the award. Commissioner Colangelo asked that an item be brought to a future meeting regarding live streaming of the Commission meetings. Commissioner Resnick asked that a review of policies and procedures of the Commission, as well as stop times and second public input be discussed at a future meeting. REPORTS 600) City Manager Shawn Boyle Thanked Mr. Hursh for the staging completed at the Northern Way bridges. 601) City Attorney Anthony A.Garganese • No report 602)City Clerk Christian Gowan • No report 603) Seat Three Commissioner Ted Johnson CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, JANUAPY 9, 2023 1 PAGE 8 OF 10 46 • Noted attending the funeral of Dan Holsenbeck and spoke about his many contributions to the community. 604) Seat Four Commissioner Cade Resnick • Noted he was looking forward to the Highland Games being held during the upcoming weekend; • Echoed comments and condolences regarding the passing of Dan Holsenbeck. 605) Seat Five Commissioner/Deputy Mayor Rob Elliott • Noted his continued participation in Leadership Seminole; • Noted he was looking forward to the Highland Games 606) Mayor Kevin McCann • Noted Law Enforcement Appreciation Day and expressed the Commission's support of officers; • Spoke about the passing of Dan Holsenbeck and his contributions to Winter Springs, UCF,and the State. 607) Seat One Commissioner Matt Benton • Echoed the comments made about Dan Holsenbeck; • Wished everyone a Happy New Year 608) Seat Two Commissioner Victoria Colangelo • No report PUBLIC INPUT Mayor McCann opened Public Input. Ms Gina Shafer, Winter Springs Village, Winter Springs spoke in support of 6.30 meetings, live streaming of meetings, and her efforts to contact the County Commissioners. Mr. Kevin Cannon, PO Box 795447, Winter Springs shared comments about the proposed Seminole County storage facility and thought engineers knowledgeable about fire suppression were needed, thought a well was a non-starter, and asked about the site's history as a Brownfield site that the County had agreed to clean up. Ms Karen Meyer 747 Andover Circle, Winter Springs shared that she thought Winter Springs Boulevard was beautifully resurfaced, her expectation that the Commission go through the entire agenda, and asked about opportunities for public input. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs continued his comments on his research and fin dings Mr. Jeff Crandall, 7239 Stone Harbour Road, Winter Springs noted his disappointment about the request to end the meeting early. Mayor McCann closed Public Input. CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, JANUAPY 9, 2023 1 PAGE 9 OF 10 47 ADJOURNMENT Mayor McCann adjourned the meeting at 11:31 PM. RESPECTFUL L V SUBMITTED: CHRISTIAN GOWAN CITY CLERK APPROVED: MAYOR KEVIN McCANN NOTE: These Minutes were approved at the 2022 City Commission Regular Meeting. CITY COMMISSION MINUTES I REGULAP MEETING I MONDAY, JANUAPY 9, 2023 1 PAGE 10 . 48