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HomeMy WebLinkAbout2014 12 08 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA .4,40N TE',? 04 '' Incorporated 0 • 1959 • /4, OD W E"Va J4 C CITY COMMISSION MINUTES REGULAR MEETING MONDAY, DECEMBER 8, 2014 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Joanne M. Krebs - Seat Five Commissioner Jean Hovey - Seat One Commissioner Kevin Cannon - Seat Two Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick- Seat Four CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 2 OF 30 CALL TO ORDER The Regular Meeting of Monday, December 8, 2014 of the City Commission was called to Order by Mayor Charles Lacey at 5:17 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,Winter Springs,Florida 32708). Mayor Lacey recognized former Mayor John F.Bush who was in attendance. Roll Call: Mayor Charles Lacey,present Commissioner Jean Hovey,present Commissioner Kevin Cannon,present Commissioner Pam Carroll,present Commissioner Cade Resnick,present Commissioner Joanne M.Krebs,present City Manager Kevin L. Smith,present City Attorney Anthony A. Garganese,present City Clerk Andrea Lorenzo-Luaces,present Related to Agenda Changes, as the recipient for Awards and Presentations "101"was unexpectedly out of town, Mayor Lacey noted, "I would ask that if there are any changes to the Agenda? If not, I would ask to approve it with the deletion of `101'." Hearing no objections, Mayor Lacey summarized, "The Agenda stands adopted as Amended." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Oviedo-Winter Springs Regional Chamber of Commerce REQUEST: The Oviedo-Winter Springs Chamber of Commerce request the Mayor and City Commission receive a presentation of the "Honorary Artist Recognition" of the Art Festival Poster to the Mayor and City Commission from the 2014 Winter Springs Festival of the Arts Mr. Tom S. Gottshalk, Chair of the Winter Springs' Festival of the Arts presented a framed poster to the City of Winter Springs and thanked the Mayor and City Commission for their support; and also thanked the Oviedo- Winter Springs Regional Chamber of Commerce and the City's Parks and Recreation Department. Further comments followed on this year's event. AWARDS AND PRESENTATIONS 101. Office of the Mayor and City Commission REQUEST: The Office of the Mayor and City Commission wish to present a Resolution of Appreciation to Mr. Brian Oliver, recognizing his outstanding service and dedication to the City of Winter Springs and its' residents, as a recent Member of the Oak Forest Wall and Beautification District Advisory Committee — with our heartfelt gratitude for his many years of contributions. As noted at the beginning of the meeting,this Agenda Item was not deleted. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 3 OF 30 Additionally, Mayor Lacey presented a Certificate of Completion to Commissioner Jean Hovey for her recent participation in the Advanced Institute for Elected Municipal Officials. INFORMATIONAL AGENDA INFORMATIONAL 200. Community Development Department REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with 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 five (5) 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 requests the City Commission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to provide the City Commission with our 2015 Winter Springs Community Events Calendar. FISCAL IMPACT: Funds are budgeted in FY15 budget line code 72-7400-510140 for public safety. Event costs are budgeted in program promotional accounts and sponsorships/donations/vendor fees are collected. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 4 OF 30 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 five (5) 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 requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. PUBLIC INPUT Mayor Lacey clarified that related to Public Input, Agenda Item "502' is a continuation of a Public Hearing that occurred at the last meeting and as such, we have concluded the evidentiary phase of that Public Hearing and concluded the `Public Input' for that item; so, there will not be an actual Public Hearing associated with that. If you are here to speak on item `502', which is the Dunkin' Donuts at the corner of Stone Gable, this `Public Input' that we are beginning right now, is your opportunity to do that." Mayor Lacey opened "Public Input". Mr. Steve Luppert, 901 Densmore Drive, Winter Park, Florida: noted that he was the Athletic Director of Winter Springs High School and that he appreciated the City's support of Coach Octavious Clark's endeavor to travel to Tallahassee, Florida. Mr. Luppert also mentioned their upcoming Capital Campaign and fund raising and remarked that all support was welcomed, and that he would keep the City updated. Mr. Bob Henderson, 635 White Ibis Court, Winter Springs, Florida: commented on the proposed Dunkin' Donuts project and that the residents have known that the parcel in question was commercial property since the community was built, that he thought that the Developer has met or exceeded requirements, and added that he thought if this planned project was not passed, it would look like the City was not interested in bringing in new businesses. Mr. Steve Mirizio, 1628 Thornhill Circle, Oviedo, Florida: commented on the proceedings, and noted he was speaking on behalf of his daughter who lives at 100 Stone Gable Circle. Mayor Lacey then spoke on quasi-judicial and official proceedings which the City Commission needs to follow. With further brief comments,Mayor Lacey added,"Everyone is welcome to speak now." Mr.Mirizio then showed a sketch of a wall for the proposed Dunkin' Donuts project and commented on concerns with noise and lights, and suggested vegetation not be relied on to help reduce sound. Discussion followed on the homes in the community, proposed hours of the Dunkin' Donuts proposed project, privacy, sound,and what was the maximum height allowed for such a wall. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 5 OF 30 City Attorney Anthony A. Garganese stated, "Point of Order" and suggested further comments be discussed during the actual Agenda Item ("502"). Attorney Garganese added, "This Public Hearings Agenda Item was heard by the Commission at the last meeting and there was an opportunity afforded everyone to submit whatever information they wanted to, to the Commission and the Commission closed that portion of the Hearing and was in the deliberation process when the Commission gave the direction to bring back the Development Agreement to address the issues that were outlined by the Commission. That has been brought back to the Commission now for consideration." Mayor Lacey asked if inquiries by the City Commission could be answered by Staff during the discussion of the actual Agenda Item"502"and there was agreement by the City Commission with this. With further comments, Mayor Lacey noted, "There will not be renewal of the "Public Hearing"that was closed three(3)weeks ago." Brief remarks continued. Mr. John Poor, 164 Stone Gable Circle, Winter Springs, Florida: as a resident of Stone Gable, Mr. Poor referenced their community Covenants and their Architectural Review Committee, said the Developer has not met with them; and that they wanted the proposed Dunkin' Donuts project to adhere to their community rules. Mr. Blake Bassett, 153 Stone Gable Circle, Winter Springs, Florida: suggested that taxes paid by Stone Gable residents will be more than the proposed Dunkin' Donuts business and mentioned potential traffic, noise, and possible lower property values. Ms. Nicole Moody, 100 Stone Gable Circle, Winter Springs, Florida: commented on statements by the Developer at a previous Planning and Zoning Board/Local Planning Agency meeting related to landscaping and traffic associated with a Primrose School project being constructed, and the hours that the proposed Dunkin' Donuts business would be open. Ms. Yolanda Rosario, 122 Stone Gable Circle, Winter Springs, Florida: spoke of"quiet enjoyment", and noise and traffic concerns that could affect the residents of their community. Dr. John F. Bush, 21 Tarpon Circle, Winter Springs, Florida: after brief comments, Dr. Bush suggested the City Commission consider lighting the City's Dog Park as it is well used, especially as many people work during daylight hours. Mayor Lacey closed "Public Input". CONSENT AGENDA CONSENT 300. Public Works Department REQUEST: Public Works Department requesting authorization to enter into continuing services agreements for civil engineering services with the top three firms recommended by Staff's selection committee under Request for Qualifications(RFQ)#001/15BF. FISCAL IMPACT: No funding is required to execute the continuing services agreements with the selected consultants. Funding for project assignments performed under these agreements will follow the City's normal budgeting and approval process. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 6 OF 30 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 five (5) 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 authorize entering into civil engineering continuing services agreements with Pegasus Engineering,LLC,CPH Corp.,and CDM Smith,Inc. There was no discussion on this Agenda Item. CONSENT 301. Public Works Department REQUEST: The Public Works Department requesting the City Commission: 1)validate the Staff recommendation finding the Primrose School sitework to be built in substantial accordance with the Final Engineering plans,subject to satisfactory completion of the remaining open project closeout list items; and 2)accept the public infrastructure for ownership and maintenance. FISCAL IMPACT: There is no fiscal impact associated with this site acceptance. 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 five (5) 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 that the City Commission: 1)validate the Staff recommendation finding the Primrose School sitework to be built in substantial accordance with the Final Engineering plans, subject to satisfactory completion of the remaining open project closeout list items as noted on Exhibit A prior to issuance of any Certificates of Occupancy; and 2) accept the public infrastructure for ownership and maintenance. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 7 OF 30 CONSENT 302. Public Works Department REQUEST: The Public Works Department, Arbor Division, asks that the City Commission approve the request of Jessica Samaroo to remove(1) specimen sweet gum tree from her property at 110 Lido Road. The resident has expressed concern due to damage the tree roots have caused to her house. FISCAL IMPACT: If this request is approved, the applicant will pay a $25 arbor permit fee to the Arbor Fund (110) and be required to install(4)replacement credits worth of trees. 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 five (5) 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 that the City Commission approve the request of Jessica Samaroo to remove (1) specimen sweet gum tree from her property at 110 Lido Road. The resident is concerned with the proximity of tree roots to the home and the damage to the screen porch. Staff finds the existing damage to the screen porch as an extraordinary circumstance or hardship as referenced in Section 5-8(b) of the Arbor Ordinance. This Agenda Item was not discussed. CONSENT 303. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Addendum as prepared by the City Attorney, between the City of Winter Springs and Annan Landscape Co., LLC, for Central Winds Park Landscape Maintenance Services providing that the vendor may be entitled to an increase in rates in an amount not to exceed the full change in the Consumer Price Index(CPI). FISCAL IMPACT: Funding for Central Winds Park Landscape Maintenance services is currently budgeted in the Parks and Recreation-Parks and Grounds Budget in the amount of$26,700. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 8 OF 30 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 five (5) 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 is recommending the City Commission authorize the City Manager to execute the attached Addendum, as prepared by the City Attorney,between the City of Winter Springs and Annan Landscape, Co.,LLC for Central Winds Park Landscape&Irrigation Maintenance Services. No discussion. CONSENT 304. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Addendum as prepared by the City Attorney,between the City of Winter Springs and Dawnalee Corp. for Neighborhood Parks Landscape Maintenance providing that the vendor may be entitled to an increase in rates in an amount not to exceed the full change in the Consumer Price Index (CPI). FISCAL IMPACT: Funding for Neighborhood Parks Landscape Maintenance services is currently budgeted in the Parks and Recreation-Parks and Grounds Budget in the amount of$60,388. 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 five (5) 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 9 OF 30 RECOMMENDATION: Staff is recommending the City Commission authorize the City Manager to execute the attached Addendum, as prepared by the City Attorney, between the City of Winter Springs and Dawnalee Corp.for Neighborhood Parks Landscape Maintenance Services. There was no discussion on this Agenda Item. CONSENT 305. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, October 27, 2014 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 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 five (5) 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: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday,October 27,2014 City Commission Regular Meeting Minutes. No discussion. CONSENT 306. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, November 17, 2014 City Commission Special Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 10 OF 30 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 five (5) 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: The City Clerk is requesting the City Commission review and consider offering their Approval of the Monday,November 17,2014 City Commission Special Meeting Minutes. This Agenda Item was not discussed. COMMISSIONER HOVEY SUGGESTED A MOTION TO APPROVE AND ADDED "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire Attorney Garganese spoke of an email he sent the City Commission regarding a Case and Hearing set for the 17th of December and asked that the City Commission review this information. REPORTS 401. Office Of The City Manager—Kevin L. Smith For his Report, City Manager Kevin L. Smith offered his compliments to Mr. Chris Caldwell,Director,Parks and Recreation Department and Mr. Brian Dunigan, Recreation and Special Events Coordinator, Parks and Recreation Department and Staff for the outstanding"Winter Wonderland"events held this past Saturday night. Commissioner Joanne M.Krebs added, "Very nice!" Mayor Lacey agreed that all went well. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—DECEMBER 8,2014 PAGE 11 OF 30 REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC No Report. REPORTS 403. Office of Commissioner Seat One-The Honorable Jean Hovey Brief comments. Commissioner Jean Hovey also thanked Staff for the "Winter Wonderland" events this weekend and stated, "It was a great event." Concluding her Report, Commissioner Hovey remarked, "I want to thank all of our City employees - from Kevin Smith to all of them, and to our Police Department, to all the employees that work here at the City -thank them for the hard work they have done all year on our behalf, on the citizen's behalf-and everybody. Merry Christmas and enjoy your couple of days extra off that you have this year." REPORTS 404. Office of Commissioner Seat Two-The Honorable Kevin Cannon Commissioner Kevin Cannon mentioned that he attended the Interservice/Industry Training, Simulation and Education Conference (UITSEC) held recently at the Orange County Convention Center and remarked, "I intend to continue to reach out to some of them in efforts with the City Manager and Community Development Department to see if we can recruit some of those businesses for right here in Winter Springs." Next, Commissioner Cannon referenced the City's Christmas Parade, offered his thanks, and said it was "Very, very nicely done." Lastly, Commissioner Cannon spoke of the Vistawilla Office Building Agreement and whether we had asked for the repayment of two hundred thousand dollars($200,000.00). Tape 1/Side B Manager Smith said, "Yes we have. We continue to be in active discussions with the owner. The ultimate goal is for him to honor his commitment but more than that, we also want to see a productive tax-paying addition to our City there—so we continue to have those discussions. We'll keep this Commission up to speed." With further comments, Commissioner Cannon added, "I would just encourage you to move on that expeditiously. It has been long enough. I think that is important for the City." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 12 OF 30 REPORTS 405. Office of Commissioner Seat Three-The Honorable Pam Carroll Referencing the "Winter Wonderland" events, Commissioner Pam Carroll stated, "I also wanted to commend Chris Caldwell and the whole Parks and Recreation Department,the Police Department and -Public Works." Further brief remarks. Addressing Mr. Kip Lockcuff,P.E.,Director,Public Works/Utility Departments and Mr.Brian Fields,P.E., City Engineer,Public Works Department,Commissioner Carroll commented,"It is nice to see that work is being done on that bridge that I hear about so often, on Northern Way near Arabian(Avenue)—so thank you." Commissioner Carroll then said, "Merry Christmas to our Staff—you have all have done an exceptional job this year." REPORTS 406. Office of Commissioner Seat Four-The Honorable Cade Resnick Brief comments. On the"Winter Wonderland" event, "Commissioner Cade Resnick noted that it"Was an amazing event so thank you so much for all your time, all your effort." Commissioner Resnick also mentioned he had also planned to bring up lighting the City's Dog Park and mentioned that some citizens had also suggested the Dog Park be expanded if possible. REPORTS 407. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs Commissioner Krebs offered her appreciation to Mr. Caldwell for the"Winter Wonderland"event. Next, Commissioner Krebs said, "Thank you Kevin (Smith) for really taking care of the City as well as you have recently and handling it the way you have." Commissioner Krebs congratulated Commissioner Hovey for her completing the Advanced Institute for Elected Municipal Officials. Additionally, Commissioner Krebs mentioned she was also interested in seeing about lighting the City's Dog Park. Manager Smith pointed out that lighting of the Dog Park had been brought up previously and one of the challenges was electricity in the area. Manager Smith continued and noted that specifically, "The extension of Orange Avenue was also on our future transportation work program so that's just one (1) example of things we would want to potentially marry together in order for this to happen. So, things like that are what we're considering as we look through the feasibility and practicality of lighting the Dog Park; and it is on our work program and we'll keep you all informed." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 13 OF 30 Further comments followed on the timeline and Mr. Fields addressed two(2)related phases. Brief remarks followed. Commissioner Krebs next spoke to Chief of Police Kevin Brunelle about his department who had assisted with a yellow jacket wasp's nest of which a Winter Springs' Police Department's Officer took care of. Commissioner Krebs added, "Thank you for handling that!" Reclaimed water and related costs were addressed next to which Manager Smith noted, "The alternative water system that we put in place was in a sense mandated by St. Johns' [River Water Management District] requirements and other requirements, and we needed to meet those; so, we made a good expenditure of funds and we have a good system in place. We're well positioned - for our future water use needs. Very proud of that and the work that Kip (Lockcuff) and everyone has done on that - we'll continue to analyze our reclaimed services." Commissioner Krebs mentioned she would probably want to personally meet with Manager Smith in his office to further discuss reclaimed water. On a related issue of watering restrictions, watering on the wrong date was mentioned as Code Violations and it was noted that the watering days were incorrectly printed in the "Tuscawilla Today" publication, and would be corrected as soon as possible. Further comments followed on reclaimed water to which Commissioner Carroll stated, "I was told it would be extremely expensive to bring it all the way to the southern border of the City." Mr. Lockcuff agreed for the Record that this was true. Discussion continued on responsibilities related to City Ordinances. REPORTS 408. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey spoke of Commissioner Cannon's attendance at the Interservice/Industry Training, Simulation and Education Conference (I/ITSEC) and said that a similar local group had been formed to keep businesses like this in this area which could impact area communities; and Mayor Lacey thought the City should be concerned with this. Continuing, Mayor Lacey then spoke of attending the Metroplan Orlando Municipal Advisory Committee as our City's representative, and noted that on Wednesday, December 10th, the Metroplan Orlando Board will be considering "Whether to expand its representation to allow the smaller cities as an aggregate to have a Vote on their Board; and so, if members of this Commission agree with me that the 300,000 some residents who are represented by those cities should actually have a Vote in the MetroPlan's proceedings, that you contact any of the currently sitting members of the Board." Commissioner Hovey asked if related information could be forwarded to the City Clerk to then send to the City Commission. Commissioner Cannon suggested that contact information for the Metroplan Orlando Board also be forwarded to the City Commission. Lastly under Mayor Lacey's Report, it was mentioned that the May 21, 2015 Tri-County League of Cities Luncheon meeting was scheduled to be held in the City of Winter Park, and would potentially be followed with a four(4)hour Ethics Training Session. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 14 OF 30 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department-Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission consider second reading of Ordinance 2014-34, the re-write of the State Road 434 Corridor Vision Plan. FISCAL IMPACT: While there is no direct fiscal impact to the City, staff is of the opinion that the proposed new code language will facilitate more diversified development and increase the chance of local businesses remaining viable over the long term,which will have a positive fiscal impact to the City's tax base. 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 five (5) 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. This item was advertised in the Orlando Sentinel on November 6,2014. RECOMMENDATION: Staff recommends the City Commission approve second and final reading of Ordinance 2014-34, the re- write of the State Road 434 Corridor Vision Plan. Attorney Garganese read Ordinance 2014-34 by "Title" only and related to previous comments made by Commissioner Cannon on parking standards remarked, "My office went back and looked at it with the Planning Staff and made a few modifications to clarify what parking standards are proposed under this Ordinance." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "As Anthony (Garganese) said, we did go back and Amend that one (1) section where we added back in the minimum parking requirements as contained in Chapter 9, and other than that, the Ordinance remains the same as was before you on First Reading." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMISSIONER HOVEY. MAYOR LACEY STATED, "SECONDED BY COMMISSIONER CARROLL TO APPROVE ON SECOND READING, ORDINANCE 2014-34." DISCUSSION CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 15 OF 30 VOTE: COMMISSIONER CANNON: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Police Department REQUEST: The Police Department requests the City Commission consider first reading of Ordinance 2014-32 which proposes amendments to Section 12-72(Golf Cart Operation) signage and annual inspection requirements. FISCAL IMPACT: Financial impacts hinge on the cost of the total number of signs made and the associated manpower costs. This proposal lowers costs considerably over the current requirements as far fewer signs will be needed. Signs are approximately$25.00 each,plus staff time to install. 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 five (5) 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. This item is scheduled for advertisement in the Orlando Sentinel on December 11, 2014 should it move to second reading. RECOMMENDATION: Police Department staff recommends approval of Ordinance 2014-32 and a move to Second Reading, which proposes amendment of Section 12-72 to change the signage posting and clarify inspection requirements therein. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2014-32 by"Title"only. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 16 OF 30 Brief comments followed on whether there had been many Violations related to this Ordinance. Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMISSIONER CARROLL. MAYOR LACEY STATED, "SECONDED BY COMMISSIONER CANNON TO APPROVE ON FIRST READING, ORDINANCE 2014-32." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department-Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission consider approval of: 1) Final Engineering Plan, 2) Aesthetic Review, and 3) Development Agreement for Dunkin Donuts, a 6,883 square foot building with a 2,310 square foot Dunkin Donuts restaurant and three associated retail bays located on the southeast corner of the intersection of State Road 434 and Stone Gable Circle. FISCAL IMPACT: The potential tax revenue of the proposed project is estimated as follows: 6,883 square foot Dunkin Donuts restaurant and associated retail uses assessed at approximately$775,000 $775,000/1000=$775 $775 x(2.54)=$1,968.5 $1,968.50(less the 4% statutory discount)=$1,889.76 tax revenue Taxes paid on vacant land now(data obtained from Seminole County Property Appraiser) $219,544 assessed value for entire parcel $219,544 assessed tax value 219,544/1000=219.544 219.544 x 2.54=557.64 $557.64 tax revenue Total Potential Tax Revenue: $2,447.40 (1889.76+557.64=2447.40) CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 17 OF 30 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 five (5) 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. On October 15,2014,the applicant mailed the Stone Gable homeowners association president a packet and letter in regards to the proposed development. Additionally, the property has been posted with a large yellow sign noting the date and time of the public hearings. RECOMMENDATION: Staff and the Planning&Zoning Board recommend approval of: 1)Final Engineering Plan, and 2) Aesthetic Review for a 6,883 square foot building with a 2,310 square foot Dunkin Donuts restaurant and three associated retail bays located on the northeast corner of the intersection of State Road 434 and Stone Gable Circle. 3)Development Agreement The Final Engineering Plans do not incorporate all the terms and conditions of the Development Agreement. If the City Commission approves the Development Agreement, the Final Engineering Plans will be revised to conform with the terms and conditions of the Development Agreement, and the developer will submit the final version of the Final Engineering Plans to the Planning Division. Mayor Lacey noted that related to this Agenda Item, "We have gone through procedures for this several times so far in this meeting so I won't repeat any of that." Mr. Stevenson stated, "As a result of the meeting and the Public Hearing that went on — at the November 17th, (2014) meeting, Staff operating under the directive given by the Commission at that point in time, went back to the Developer and in fact crafted along with Anthony's (Garganese) office and assistance, a Development Agreement for this property. We'd just like to bring the details of that Agreement to you at this point in time. There's essentially five (5)development conditions if you will-the first being the drive-thru screening. As discussed at this Commission meeting,there was a necessity—to bring the drive-thru screening because as we discussed,there was some concern about this wall back here being a noise barrier. It is in fact a sight barrier but probably not a noise barrier; and so we talked about putting that wall from the drive-thru box all the way around to the pickup window. The Applicant has agreed to a six foot (6') opaque screening, running along the entire southern eastern edges of the drive-thru lane from the menu order box station to the pickup window—looking at the Minutes of the November 17t, (2014) meeting, that was going to be a six foot (6') tall lattice, and there was concern about it not being aesthetically pleasing; so, we're going to put screening on that in terms of vegetation. But again, we won't depend on that vegetation for the noise buffering. That is the single entity of the single reason for that wall being there. So that is one(1)of the agreements. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 18 OF 30 The other one is landscape buffering. As we said earlier, there are existing larger oak trees here along the southern and eastern property lines. We're going to supplement that." Continuing, Mr. Stevenson suggested it would not be a Crape Myrtle type tree and remarked that instead "It would be a medium size tree that would be evergreen, so that those lights and that visual buffering at the very least would be all year round." Next, Mr. Stevenson pointed out that "The hours of operation have been amended from 5:00 a.m. to 11:00 p.m. That's in the Development Agreement as we speak. Shielded lighting, especially along this property line, again, they have agreed to—they're shoe box mounted. They've agreed to have the fixtures that are down mounted to mitigate light overspill." Mr. Stevenson added, "There will be no inordinate light spillage." Furthermore, Mr. Stevenson noted there were concerns about "Future Uses of the property, what happens to the retail Uses there" and pointed out for the Record, "The Developer agrees and acknowledges that the development plans were approved by the City Commission based on the Developer's proposed use for property of a Dunkin' Donuts or other similar coffee shop retail Use and three(3)additional retail units. Any other Uses which may be permitted on the property by the Master Plan shall be subject to further review by the City in accordance with the requirements set forth in the City Code. Notwithstanding, the Developer agrees that no other restaurants will be located on the property other than the Dunkin' Donuts or other similar coffee shop and retail Use as depicted on the development plans. These are currently part of a Development Agreement that has been agreed to by the Applicant, gone over by the City, gone over by Anthony's (Garganese) office, and we would submit that as Staffs follow-up to the last meeting on November 17t, (2014)" Continuing, Commissioner Krebs asked if the reduced hours of operation would negatively impact this business. Mr. Timothy Cloe, 1035 North Elk Court, Winter Springs, Florida: agreed that the reduced hours may not be the best fiscal decision but stated, "In my view, I think that it's a reasonable request to go a little later in the morning. I do understand that there are people around — I'm in the neighborhood myself, I have kids myself, and so I'm perfectly okay with that." Commissioner Krebs emphasized that it is not the City's intent to hurt businesses in Winter Springs; and mentioned that a"7-Eleven, (Inc.)"in Winter Springs is open twenty-four(24)hours a day and is also in front of a community. Mr. Cloe remarked, "An ideal project is a win-win for everybody- so I think we're hopefully getting there." Discussion followed on the additional retail spaces, the current exclusion of restaurants in its Permitted Uses in the Development Agreement, could a take-out type restaurant be allowed in the parcel, the maximum allowed height of the wall, and legal ownership of the wall. In terms of who owns the wall, Mr. Stevenson stated, "I believe it's the HOA (Homeowner's Association)." Commissioner Krebs continued, "So, there would be an opportunity for them to do a Special District if they wanted to,to put additional height on that?" Further comments. Mr. Bob Ziegenfuss, P.E., L.E.E.D. AP, President, Z Development Services, 708 East Colonial Drive, Suite 100, Orlando, Florida: remarked, "It depends where you're looking - along this property line here, the eastern property, it's slightly on the commercial side of the line. On the south property line, it couldn't be any more, right on the line. It is exactly on the line according to our survey. I think there's an intent there and I don't know the answer to your question honestly." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 19 OF 30 Addressing concerns related to the height of the wall, Mr. Ziegenfuss mentioned, "The wall does vary in height. I'll say the effective height of the wall is what we'll call it - along this eastern property line here, the total of the eastern and southern property lines are about 420 feet altogether. A little bit more, 425 feet. This property line here is about 200 feet long according to our survey. The grade along that property line is twenty-seven and a half (27.5)where the wall sits. Again, we were talking about a twenty-seven and a half(27.5) elevation which is the correct elevation here at the drive-thru; so, along this entire eastern property boundary, you have an effective six foot (6') wall height. Along the southern boundary, it does start—the ground elevation does start to die off and get a little lower as you get down here to the southwest corner of the property. Again,just looking at the plans here tonight, about up to about right here, you have an effective wall height from this corner here to about right in this area, right here, effective wall height of about three feet(3'); and that's from the twenty-seven (27.5) elevation to the top of that wall; and then as you head in this direction, from there to the southeastern property corner,the effective wall height varies from about four to four and half feet(4-4.5'). So, obviously with the height of a typical headlight being down around two (2), I would argue that the three foot (3') that was mentioned earlier would be an awful big truck for the height of those headlights. So, we feel that they will be shielded, and plus, above the height of the wall, we have got what we'd term understory trees, which are the trees that we're adding here, that would provide that canopy from the top of the wall,to the bottom of the canopy of the Live Oaks, and then you have the Live Oak canopy above that. So, with the addition of the landscaping that we're adding and the wall height that's there, you're going to have - that effective screening is going to include the canopies of these trees,well above that wall height." Commissioner Krebs offered her thanks and suggested that in the Development Agreement, "If Anthony (Garganese) could come up with some verbiage on that restaurant thing. I don't think that we should make it a burden on him—or for the Developer not to be able to rent property to somebody if it was not impactful." Further comments followed. Commissioner Carroll remarked about Crape Myrtles losing their leaves and expressed concerns about noise pollution produced by the air conditioning units, and inquired that if the decibel level was high, "Would the City be able to ask the Owner to rectify it?" Mr. Fields responded, "Yes, the air conditioning units, by the preliminary building plans indicate they are on the roof,there is a parapet,that they be screened from view. Just like any piece of mechanical equipment,it would be subject to our noise Ordinance(2013-02)." Discussion ensued on noise issues with Chief Brunelle and Manager Smith. Mayor Lacey then said to Attorney Garganese,"There is nothing in this Agreement that would supersede our noise Ordinance(2013-02) and make its provisions unenforceable,correct?" Attorney Garganese responded,"No,of course not,no." Next, Commissioner Carroll inquired about the materials for the six foot (6') high screening, and Mr. Zigenfuss noted, "The actual material itself has not been selected. We wanted to get through this Hearing tonight and then work with City Staff to provide an appropriate material there." With further comments, Mr. Zigenfuss added, "I'm not sure that lattice is the appropriate material to be honest with you." Continuing, Mr.Zigenfuss explained, "It's going to probably be a plastic PVC (Polyvinyl chloride) material of some sort that would allow those vines to grow out through it and against it, I should say." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—DECEMBER 8,2014 PAGE 20 OF 30 Commissioner Carroll referenced a study done on another Dunkin' Donuts in Illinois, highlighting its use of an Automatic Volume Control (AVC). Mr. Zigenfuss confirmed that this Dunkin' Donuts will be using that same technology and after commenting on appropriate distances stated, "I've done many fast food restaurants in my career. We're of the opinion that the brick wall,honestly,is enough to abate that noise but are willing to go over and above in order to create a project that everybody is happy with here." Further discussion ensued on the Automatic Volume Control (AVC) which would enable the staff of Dunkin' Donuts to adjust the volume and Mr. Zigenfuss added that specifically "They have the ability to lower that volume on that speaker box." Continuing, Mr. Zigenfuss noted, "We're obviously much greater than sixteen feet (16') away, with several obstructions — we really feel that that's not going to be a concern in this particular project." Tape 2/Side A Comments followed with Commissioner Cannon on sound issues and the most desirable materials for a proposed wall. Mr. Fields said, "I agree with what Commissioner Cannon stated, "The biggest factor in noise reduction is the distance and the perimeter wall, and the vegetation is going to have a minimal impact on noise reduction to the residents. I would not recommend that they invest or somebody invest in building a higher wall at the property line if the purpose was to reduce noise. That would help reduce the noise if you were sitting on the opposite side of the wall; however, the homes on the other side will really not see an appreciable noise reduction from a higher wall at the property line. I do agree that the closer you can get a solid barrier to the source of noise to deflect it in a different direction is what is based on our knowledge, has been the most effective way of noise reduction; however, just again, emphasizing everything I have seen, as close as you can to deflect that away." Mr. Fields added, "Even closer than that to the actual noise generator would be the best approach." Commissioner Cannon asked about PVC (Polyvinyl chloride) panels and if they would be helpful? Mr. Fields responded, "Yes, PVC (Polyvinyl chloride) fence can be built here, can meet wind loads." Comments related to actual"Noise deflection/absorption capability"were then noted. Commissioner Resnick mentioned that the residents concerns had been heard and asked if HOA (Homeowner's Association)requirements would apply to a commercial property. Mr. Stevenson pointed out, "Normally, HOA(Homeowner's Association) documents are for residential property, it talks about ownership of lots, things of this nature." Attorney Garganese added that without Homeowner's Association documents to review, they could not speculate and such documents may not be relevant to any decision. Attorney Garganese added, "What's relevant to the Commission's decision, of course is it's part of the Master Plan that was approved by the City Commission. That we know for sure." Commissioner Resnick then suggested,"I would like to see viability options for the other three(3)units." Further comments followed by Commissioner Cannon and Commissioner Carroll on the Homeowner's Association documents. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 21 OF 30 "I WILL MAKE A MOTION TO ACCEPT STAFF'S RECOMMENDATION ON ITEM `502' AND WITH REGARD TO THE DA (DEVELOPMENT AGREEMENT), I WOULD LIKE TO SEE JUST A SLIGHT CHANGE — THAT IT IS NOT ALL RESTAURANT'S, BUT LIKE THE RESTAURANT'S I WAS TALKING ABOUT THAT HAD LITTLE IMPACT." COMMISSIONER KREBS REFERENCED THAT IT COULD BE A TAKE-OUT FOOD TYPE RESTAURANT. ATTORNEY GARGANESE REMARKED, "IF YOU TOOK OUT THAT LAST SENTENCE BEGINNING `Notwithstanding, the Developer agrees that no other restaurants will be located on the Property other than the Dunkin Donuts' AS DEPICTED ON THE DEVELOPMENT PLANS. IF A RESTAURANT WERE TO BE PROPOSED, IT'S NOT GENERALLY A RETAIL USE. IT WOULD BE SUBJECT TO FURTHER REVIEW AND THAT WOULD REQUIRE A MODIFICATION TO THIS DEVELOPMENT AGREEMENT. IF THE COMMISSION IS INCLINED TO DEFINE WHAT TYPE OF RESTAURANT WOULD BE ACCEPTABLE AT THIS STAGE, THEN I'LL DEFER TO THE PLANNING DEPARTMENT TO TRY TO HELP DEFINE THAT, BECAUSE I'M NOT SURE WHAT KIND OF RESTAURANT THAT WOULD BE THAT WOULD STILL BE WITHIN THE EVALUATION THAT THE STAFF HAS CONDUCTED ON TRAFFIC COUNTS,ON PARKING REQUIREMENTS,ETC.,ETC." ATTORNEY GARGANESE ADDED, "`RESTAURANTS' WAS BROUGHT UP AT THE LAST MEETNG SO IT WAS EXPRESSLY PUT IN HERE THAT NO OTHER RESTAURANT WOULD BE ALLOWED OTHER THAN THE DUNKIN' DONUTS. THE APPLICATION THAT YOU HAVE BEFORE YOU IS FOR A DUNKIN' DONUTS AND THREE (3) RETAIL UNITS. ALL OF THE EVALUATION TO THE BEST OF MY KNOWLEDGE HAS BEEN CONDUCTED ON THAT REPRESENTATION SO THAT'S WHAT YOU HAVE BEFORE YOU. IF THE DEVELOPER WANTS TO PROPOSE SOMETHING DIFFERENT, THEN IT WOULD HAVE TO GO THROUGH THE EVALUATION PROCESS AT THE STAFF LEVEL AND A DETERMINATION MADE WHETHER OR NOT IT'S ACCEPTABLE." COMMISSIONER KREBS THEN SAID, "IF YOU SCRATCH OUT `RESTAURANTS', THEN IT REALLY JUST CONFINES IT TO THE RETAIL USE THAT IS THERE NOW,RIGHT?" ATTORNEY GARGANESE RESPONDED, "THAT'S WHAT WAS APPLIED FOR." COMMISSIONER KREBS ADDED, "THEN THAT IS WHAT I WOULD RECOMMEND BECAUSE - THEY BEING THE STAFF WOULD HAVE TO DETERMINE WHETHER OR NOT, THROUGH TRAFFIC STUDIES, SOMETHING LIKE THAT WOULD EVEN BE ALLOWED AND CERTAINLY IT WOULDN'T IF IT COULDN'T SUPPORT TRAFFIC." MR. STEVENSON THEN SAID, "IF YOU DID IN FACT STRIKE THE LAST SENTENCE, WE DO HAVE THAT ANY OTHER USES, ANY OTHER USES OTHER THAN THE THREE (3) RETAIL THAT HAVE BEEN REVIEWED — ANY OTHER USES WHICH MAY BE PERMITTED BY THE MASTER PLAN, WHICH `C-1' USES WOULD BE A `RESTAURANT' - SHALL BE SUBJECT TO FURTHER REVIEW BY THE CITY AND OF COURSE,REQUIREMENTS SET FORTH IN THE CITY CODE. THAT'S PARKING,TRAFFIC,EVERYTHING." COMMISSIONER KREBS COMMENTED, "I THINK THAT IS HOW IT SHOULD READ THEN,AND THAT'S MY MOTION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 22 OF 30 COMMISSIONER CANNON STATED, "OUR CITY ENGINEER USED THE WORD `SOLID' WHEN HE WAS DESCRIBING THE OPAQUE BARRIER; AND I WOULD LIKE TO INSERT THE WORD `SOLID' IN THERE; A `SOLID OPAQUE BARRIER'; AS OPPOSED TO JUST SCREENED..." COMMISSIONER KREBS SAID, "...LIKE LATTICE..." COMMISSIONER CARROLL ALSO SAID, "...NO LATTICE..." "I MOVE TO AMEND THE MOTION TO INCLUDE THE INSERTION OF THE WORD "SOLID" IN FRONT OF THE DEVELOPMENT AGREEMENT PARAGRAPH, 5.0 A., A SIX FOOT (6') SOLID OPAQUE SCREEN RUNNING ALONG." AMENDMENT TO THE MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. RELATED TO THE MOTIONS, MAYOR LACEY ASKED MR. ZIEGENFUSS OR MR. CLOE, "WOULD YOU RAISE ANY OBJECTION THAT WOULD DISCOURAGE US FROM ACCEPTING THIS LANGUAGE?" MR. CLOE STATED,"NO,I HAVE NO OBJECTION." CLARIFYING THE AMENDMENT TO THE MOTION, ATTORNEY GARGANESE STATED, "THE MOTION TO AMEND THE MAIN MOTION WAS TO INSERT THE WORD `SOLID' IN FRONT OF THE WORD `OPAQUE'." DISCUSSION FOLLOWED ON `LATTICE' OR `TRELLIS' TO WHICH ATTORNEY GARGANESE STATED, "IN CLARIFYING LANGUAGE, `LATTICE' OR `TRELLIS' BECAUSE I DON'T BELIEVE EITHER ONE OF THOSE IS SOLID." COMMISSIONER CANNON SUGGESTED, "REMOVE THAT LANGUAGE." MAYOR LACEY THEN SAID TO THE CITY COMMISSION, "PROCEDURALLY, I AM SEEKING UNANIMOUS CONSENT FROM THE COMMISSION, NOT TO APPROVE THE AMENDMENT BUT TO MODIFY THE AMENDMENT TO REFLECT THE LANGUAGE THAT ANTHONY (GARGANESE)PROPOSED." NO OBJECTIONS WERE VOICED. FURTHER COMMENTS. VOTE: (ON THE AMENDMENT) COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION AS AMENDED) COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 23 OF 30 REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk requests that Commissioner-Seat One and Commissioner - Seat Two consider making an Appointment(s)/Reappointment(s) to the Bicycle and Pedestrian Advisory Committee related to Terms of Office which just expired in November 2014. FISCAL IMPACT: There is no noted Fiscal Impact to any Appointment(s)/Reappointment(s) related to the Bicycle and Pedestrian Advisory Committee as noted in 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 five (5) 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. In late September 2014, all of the Bicycle and Pedestrian Advisory Committee Members were reminded and contacted that their Terms of Office were expiring in November 2014. As noted previously, the Mayor and City Commission have been provided with the same information, along with any Applications that have been submitted,all for the City Commission's consideration. Additionally,a very similar Agenda Item was on the November 17, 2014 City Commission Special Meeting Agenda,however due to time constraints that similar Agenda Item was not discussed. RECOMMENDATION: An individual Motion is requested for each Nomination please. Appointments/Reappointments to be made by: Commissioner- Seat One Commissioner- Seat Two Any Appointment(s)/Reappointment(s) for either of these Seats that are not made at this Meeting, can be placed on the next City Commission Agenda,if so desired. REGARDING THE SEAT ONE POSITION ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE, "JANICE SORRENTINO." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 24 OF 30 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. ALSO FOR THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE, RELATED TO THE SEAT TWO POSITION, "I MAKE A MOTION TO APPOINT DAN FINLEY." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. REGULAR 601. Office of the City Clerk REQUEST: The City Clerk requests that Mayor Charles Lacey and Members of the City Commission (depending on the applicable Seat) consider making the following Nominations for Appointment(s)/Reappointment(s) to the Parks and Recreation Advisory Committee related to their Terms of Office which will be expiring in January 2015 FISCAL IMPACT: There is no noted Fiscal Impact to any Appointment(s)/Reappointment(s) related to the Parks and Recreation Advisory Committee as noted in 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 five (5) 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. In late October 2014, all of the Parks and Recreation Advisory Committee Members were reminded and contacted that their Terms of Office were expiring in January 2015. We have heard from most of the current Parks and Recreation Advisory Committee Members as noted in this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 25 OF 30 Furthermore,the Mayor and City Commission have been provided with the same information, along with any Applications that have been submitted for the current Parks and Recreation Advisory Committee Members who would like to be ReAppointed, and additional Advisory Board and Committee Applications-all for the Mayor and City Commission's consideration. Additionally,a very similar Agenda Item was on the November 17, 2014 City Commission Special Meeting Agenda,however due to time constraints that similar Agenda Item was not discussed. This Agenda Item contains a minor update related to a Committee Member not wishing to be ReAppointed. RECOMMENDATION: An individual Motion is requested for each Nomination please. Appointments/Reappointments to be made by: Seat One: •Seat currently held by Mr.Arnie Nussbaum (is interested in being ReAppointed to a second Term of Office) Seat Two: •Seat currently held by Mr.Arthur Gallo (is interested in being ReAppointed to a second Term of Office) Seat Three: •Seat currently held by Mr.Arsenio Calle (is interested in being ReAppointed to a second Term of Office) Seat Four: •Seat currently held by Ms.Yvonne Froscher (has noted she does NOT wish to be ReAppointed) Seat Five: •Seat currently held by Mr.Ken Greenberg (is interested in being ReAppointed to a new Term of Office) Appointments/Reappointments to be made by the Mayor and/or any Commissioner: At Large Seat: •Seat currently held by Mr.James Van Mennen (is interested in being ReAppointed to a new Term of Office) At Large Seat: •Seat currently held by Mr.Rick Lecky (is interested in being ReAppointed to a new Term of Office) At Large Seat: •Seat currently held by Mr.Louis Chaves (is interested in being ReAppointed to a new Term of Office) At Large Seat: •Seat recently held by Ms. Clare Mumey CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 26 OF 30 Any Appointment(s)/Reappointment(s) for any of these Seats that are not made at this Meeting, can be placed on future City Commission Meeting Agendas,if so desired. This Agenda Item was on the November 17,2014 Special Meeting Agenda, but due to time constraints,was not discussed. Comments ensued on the Appointment process. REGARDING THE SEAT ONE POSITION ON THE PARKS AND RECREATION ADVISORY COMMITTEE, MOTION TO REAPPOINT ARNIE NUSSBAUM. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Further discussion followed on the Appointment process to have Nominations and one (1) collective Vote. Related to the Parks and Recreation Advisory Committee, "I Move to Reappoint Art Gallo." Nomination by Commissioner Cannon. For the Parks and Recreation Advisory Committee, Commissioner Carroll remarked, "I would like to Reappoint Jim Van Kleunen." Nomination by Commissioner Carroll who added, "For my Seat." Commissioner Resnick said, "I would like to Appoint Mr. Rick Lecky to Seat Four, moving him from the At Large (Seat) to Seat Four" on the Parks and Recreation Advisory Committee. Nomination by Commissioner Resnick. For an At Large Seat, "Mr. Arsenio Calle" on the Parks and Recreation Advisory Committee. Nomination by Commissioner Krebs. Also regarding an At Large Seat, Commissioner Krebs stated, "Mr. Louis Chaves" on the Parks and Recreation Advisory Committee. Nomination by Commissioner Krebs. Related to the Seat Five Position on the Parks and Recreation Advisory Committee, Commissioner Krebs recommended"Ken Greenberg." Nomination by Commissioner Krebs. MAYOR LACEY SUMMARIZED, "WHAT I AM LOOKING FOR IS A SINGLE MOTION TO APPOINT MR. ART GALLO TO SEAT TWO, MR. JAMES VAN KLEUNEN TO SEAT THREE, MR. RICK LECKY TO THE SEAT FOUR SPOT, KEN GREENBERG TO THE SEAT FIVE SPOT - AND TWO (2)AT LARGE APPOINTMENTS FOR ARSENIO CALLE AND LOUIS CHAVES." "I WILL MAKE THAT MOTION." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 27 OF 30 COMMISSIONER CARROLL AND COMMISSIONER CANNON COMMENTED ON THE NOMINATION PROCESS. WITH FURTHER REMARKS, MAYOR LACEY SUGGESTED, "IF THE PROCESS OFFENDS,VOTE `NO'." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: NAY COMMISSIONER CANNON: NAY MOTION CARRIED. RELATED TO AN AT LARGE SEAT ON THE PARKS AND RECREATION ADVISORY COMMITTEE, "I WOULD LIKE TO APPOINT ROBERT OSBORNE." MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. With one (1) remaining At Large Seat vacancy, Mayor Lacey said to City Clerk Andrea Lorenzo-Luaces, "Will you bring this back as an Agenda Item in January, for that one (1) remaining At Large Seat?" City Clerk Lorenzo-Luaces responded,"Yes." REGULAR 602. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission consider nominating the next Deputy Mayor as stipulated in the Charter of the City of Winter Springs,consistent with actions in the past. FISCAL IMPACT: There is no specific fiscal impact to this Appointment. 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 five (5) 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-DECEMBER 8,2014 PAGE 28 OF 30 A very similar Agenda Item to this was on the November 17, 2014 City Commission Special Meeting Agenda,however due to time constraints that similar Agenda Item was not discussed. RECOMMENDATION: The City Commission is being requested to Appoint a Member of the City Commission to serve as the next Deputy Mayor. Commissioner Hovey stated, "I would like to nominate Commission Krebs." Commissioner Cannon remarked,"I nominate Commissioner Carroll." Commissioner Resnick added, "I was going to nominate Commissioner Hovey. Commissioner Hovey said, "I would like to withdraw my name at this time,but thank you very much." MAYOR LACEY STATED, "I AM LOOKING FOR A MOTION TO CLOSE NOMINATIONS." "MOTION." CONTINUING, MAYOR LACEY SUMMARIZED, "MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER CARROLL." DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. MAYOR LACEY STATED, "WE HAVE IN FRONT OF US NOMINEES, COMMISSIONER KREBS, COMMISSIONER CARROLL; AND ANDREA (LORENZO-LUACES), I WOULD ASK THAT YOU POLL THE COMMISSION AND AS EACH COMMISSIONER'S NAME IS CALLED, PLEASE INDICATE - EITHER COMMISSIONER KREBS OR COMMISSIONER CARROLL FOR YOUR CHOICE FOR DEPUTY MAYOR." COMMISSIONER RESNICK: "COMMISSIONER KREBS." COMMISSIONER CARROLL: "MYSELF." (MAYOR LACEY STATED, "COMMISIONER CARROLL.") COMMISSIONER HOVEY: "COMMISSIONER KREBS." COMMISSIONER CANNON: "COMMISSIONER CARROLL." COMMISSIONER KREBS: "COMMISSIONER KREBS." Mayor Lacey then said, "With that, the Vote is Commissioner Krebs three (3), Commissioner Carroll two (2), and just to make the process completely official, what would be in order would be a Motion to affirm that Vote and Nominate Commissioner Krebs for Deputy Mayor." "SO MOVED." MOTION BY COMMISSIONER HOVEY. MAYOR LACEY NOTED,"SECONDED BY COMMISSIONER RESNICK THAT WE ENDORSE COMMISSIONER KREBS FOR DEPUTY MAYOR." DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—DECEMBER 8,2014 PAGE 29 OF 30 Mayor Lacey remarked, "Commissioner Krebs will be Deputy Mayor for the next year." Mayor Lacey said to City Clerk Lorenzo-Luaces, "If you would put a little reminder up here for me that Commissioner Krebs is Deputy Mayor." City Clerk Lorenzo-Luaces nodded in agreement. REGULAR 603. Community Development Department REQUEST: Staff requests that the City Commission set a date for a workshop session to discuss current land development objectives and the direction of economic development strategies moving forward. FISCAL IMPACT: There is no direct fiscal impact associated with 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 five (5) 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 is requesting that the City Commission set a date for a workshop to discuss development trends and economic development direction as well as possible code modifications. Staff requests that this date be February 16,2015 or later. Discussion ensued on possible dates, and whether this potential Workshop could be combined with a Regular Meeting. The date of Monday, March 2nd, 2015 was suggested. Manager Smith added, "It could be incorporated into a Regular Meeting, if that meeting schedule were light and if the Commission were inclined to start at maybe a little earlier time. I give you that option. But the off meeting,that is also an option. Your discretion. Your call." Commissioner Cannon suggested, "I would rather do an off meeting... Mayor Lacey summarized, "...Is there general agreement that the off meeting date..." Deputy Mayor Krebs remarked,"...Yes. I am with Mr. Cannon." Mayor Lacey then stated, "Is there any disagreement with March 2nd, (2015)?" Commissioner Carroll responded, "No." Mayor Lacey then commented, "March 2nd, (2015) at our normal meeting time?" Commissioner Cannon remarked, "That sounds good." Manager Smith suggested the starting time of 5:15 p.m., and Deputy Mayor Krebs said, "5:15 p.m. is good." In closing the discussion, Mayor Lacey summarized, "5:15 p.m. on the 2nd (March2015)." No objections were voiced. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—DECEMBER 8,2014 PAGE 30 OF 30 PUBLIC INPUT Mr. Christian Sarna, 360 Michael Blake Boulevard, Winter Springs, Florida: commented that some of his neighbors still have concerns about the proposed Pollack Shores project; and offered his thanks to City Staff and the Developer for their cooperation. Mr. Maurice Kaprow, Post Office Box 951333, Winter Springs, Florida: mentioned that sometimes there are issues with cellular phone service in some parts of the City, and noted new technology whereby electrical power and cellular services share poles and thought this might be something to be considered. Commissioner Krebs thanked the City Clerk and her Staff and wished everyone Merry Christmas and Happy Hanukah. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:35 p.m. RESPECTFULLY SUBMITTED: t, i ft ANDREA eR NZO.LUACES, MMC CITY CL MAY HA ES ; C NOTE: These Minutes were approved at the January 12,2015 City Commission Regular Meeting.