Winter Park City Commission - Meeting Minutes - July 14, 2021

REGULAR MEETING OF THE CITY COMMISSION

July 14, 2021, at 3:30 p.m.

Present

Mayor Phil Anderson

Commissioner Marty Sullivan

Commissioner Sheila DeCiccio

Commissioner Carolyn Cooper

Commissioner Todd Weaver

City Manager Randy Knight

City Attorney Kurt Ardaman

City Clerk Rene Cranis

1) Meeting Called to Order Mayor Anderson called the meeting to order at 3:35 p.m.

2) Invocation Pastor Eddie Rivera, Action Church, provided the invocation followed by the Pledge of Allegiance.

3) Approval of Agenda There were no changes to the agenda.

4) Citizen BudgetComments There were no budget comments.

5) Mayor’s Report Mayor Anderson reported on the city’s performance, particularly on its high level of service, and suggested that the budget needs to be looked at in the context of service to our citizens and performance.

6) City Manager’s Report Commissioner DeCiccio asked whether undergrounding in the Progress Point and Mead Garden areas could be moved up on the schedule in preparation for construction of the park. Dan D’Alessandro, Director of Electric Utilities, explained the undergrounding schedule and impact of changing it. After discussion, consensus was to authorize staff to move this area up on the schedule (with notification to residents regarding the change).

Commissioner Cooper asked for an update regarding the parking management plan at 444 New England. Attorney Ardaman commented on the on-going litigation and said this will be discussed at an upcoming meeting.

Commissioner Cooper asked for an update on vaccination sites. Mr. Knight said vaccinations will be available on July 17th and August 7th which will be publicized.

b. Presentation of the 2021-2022 Budget and 5-Year CapitalPlan Mr. Knight presented the FY 2022 budget reviewing revenue, expenditure, property value changes and utility rate comparisons. Staff is recommending no change to the operating millage rate which, if adopted, would be the 14th consecutive year with no increase. The budget represents a 3.5% increase from FY 21 in part due to restoration of frozen positions including those eliminated when the Civic Center was closed. He responded to questions stating that each capital improvement project is monitored by department head. He will provide a spreadsheet showing project and allocation by department. Commissioner Cooper requested status of capital projects including rollover funds. Mayor Anderson asked that the change in positions be identified as new or restored after being frozen or eliminated

7) CityAttorney’s Report Attorney Ardaman asked if the CRA acted on the purchase of 929-947 Fairbanks Avenue.Mr. Knight gave an update on the purchase and improvements being made by the seller. Commissioner Cooper suggested deferring that decision until the strategic planning work session (August 10th).

Commissioner Cooper said she would like to add revenue enhancements to budget discussions. Mayor Anderson suggested discussion on the 10-year pro forma and on strengths and weaknesses in revenue line items.

Commissioner Cooper asked for the definition of “necessary” improvements as it relates to ARPA funding. Mr. Ardaman reviewed the expenditure guidelines and potential eligible expenses.

8) Non-Action Items a. Board Appointments - Commissioner Weaver Commissioner Weaver advised of the transfer of Stockton Reeves from the Police Pension Board to Civil Service Board to replace Teresa Pace.

9) Public Comments | 5 p.m. or soon thereafter (heard after Item 10) 10) Consent Agenda a. Approval of the minutes of the regular meeting, June 23, 2021 b. Approval of the minutes of the work session, June 24, 2021 (Removed by Commissioner Cooper). c. Approve the following piggyback contracts: 1. Municipal Emergency Services - Lake County Contract #170606G - Fire Equipment Parts, Supplies and Service; Amount: $78,000.00 for services on an as-needed basis during the term of the Agreement. 2. Kompan, Inc. - City of Charlotte/OMNIA PartnersContract #2017001135 - Playground and Outdoor Equipment; Amount: $100,000.00 for services on an as-needed basis during the term of the Agreement. 3. Lytx Video Subscription Service; Amount: $87,000.00 for services on an as- needed basis during the term of the Agreement. 4. Helena Chemical - South Florida Water Management District Bid #6000001242 - Herbicides, Adjuvants and Algaecides; Amount: $120,000.00 for services on an as-needed basis during the term of the Agreement.

d. Approve the following contract 1. ARAG Group - Legal Shield (No cost to the City); Term: October1, 2021 through September 30, 2024.

Motion made by Commissioner Cooper to approve the Consent Agenda except Item b; seconded by Commissioner Weaver.There were no public comments. Motion carried unanimously with a 5-0 vote.

Item b: Commissioner Cooper commented on the language under (10) Appearance Review on Page 3 and clarified that staff is working on language to identify what levels of drawings will be required depending on the size of the project.

Motion made by Commissioner Cooper to strike the sentence “Staff will work on who requirement applies to.” under (10) Appearance Review; seconded by Commissioner Weaver. Motion carried unanimously with a 5-0 vote.

9) Public Comments| 5 p.m. or soon thereafter Allison Yurko, attorney and resident, submitted and reviewed a proposed ordinance to address attempts to grant land use changes by implication and the procedural due process implications of granting changes in this manner.

Mayor Anderson declared a recess at 5:08 p.m. and reconvened the meeting at 5:18 p.m.

Randy Robertson, Winter Park Institute at Rollins College, provided information on their speaker programs and requested funding support in FY 22.

11) Action Items RequiringDiscussion a. Consideration of engaging a Federal Lobbyist Mayor Anderson introduced this item to consider retaining a Federal lobbyist to assist in securing federal funding. He reviewed the advantages of retaining a Federal lobbyist including assistance in the purchase the post office property. He advised that that commission could put this out to bid or accept the existing contract at $6,500/month.

Commissioner Cooper said she supports retaining a Federal lobbyist if the main purpose is to pursue earmarked and ARPA funding, but feels a “deal-maker” is needed to move the post office purchase forward. Discussion followed on the terms of the contract.

Motion made by Mayor Anderson to approve negotiating a contract with Thorn Run Partners for federal legislative lobbying and advocacy services; seconded by Commissioner DeCiccio. There were no public comments.

Motion made by Commissioner Cooper to amend the motion to require deliverables for the post office endeavor be formulated after six months; seconded by Commissioner Weaver. Motion carried unanimously with a 5-0 vote. Main motion as amended carried unanimously with a 5-0 vote.

b. Request to Re-Establish a Lake Killarney Advisory Board. Mr. Knight showed an aerial view of Lake Killarney indicating the portions of Lake Killarney within the city boundaries. He noted that Orange County has an advisory board with both county and city representatives and reviewed the history of the creation of the board. Staff does not recommend creating this board due to potential conflicts between a single lake advisory board and the city’s Lakes and Waterways Board (LWAB).

Commissioner Weaver noted that the city has the responsibility for maintenance of the entire lake through an interlocal agreement with Orange County and that Lake Killarney is unique in many ways, i.e., no public boat access, allowance of sea planes.

Commissioner Cooper also spoke on the unique attributes and said a separate board may not be in the best interests of LKAB as it will create inequities with other lakes.

Commissioner Sullivan read portions of an e-mail from Mr. Conrad Necrason, 2130 Lake Drive, providing a history and current conditions of the lake and asking for reinstatement of the board. Commissioner Sullivan said he feels the residents should have input on the management of the lake through a position on the LWAB and suggested expanding LWAB to add a Lake Killarney resident.

Motion made by Commissioner Weaver to increase the LWAB to nine members with one member to be a Lake Killarney lakefront property owner; seconded by Commissioner Cooper. (Withdrawn)

Mayor Anderson said he sees both sides of this issue, one that residents feel the city ignored the conditions of annexation to establish this board, and the other side is the duplication of efforts. He suggested that staff look at ways the Winter Park Lake Killarney board and the Orange County Board could co-exist before a decision is made.

After discussion, Commissioner Weaver withdrew his motion.

Motion made by Commissioner Weaver to increase the LWAB to nine members with the two additional members being Lake Killarney lakefront property owners; seconded by Commissioner Cooper.(Withdrawn)

It was noted that that this would come back to the Commission by ordinance to amend the code to clarify language, board membership and manner of appointment.

The following spoke on the city’s commitment and in favor of reinstating the LKAB: John Mitchell,145 Killarney Drive

Bill Voecks, 2076 Lake Drive JeanWall, 2110 Lake Drive (submitted applications to serve on LKAB)

It was acknowledged that a separate Lake Killarney Board was specifically authorized in the annexation process. The Commission discussed the city’s commitment and the need to see minutes, information from prior discussions and the city code.

Motion made by Mayor Anderson to table this matter until staff develops a way for these boards to co-exist and define distinctions and role; seconded by Commissioner Cooper.Motion carried unanimously with a 5-0 vote.

Note: This is a summary of discussion and action. Verbatim transcript is attached.

c. Softball Stadium Improvements - Rollins College Jason Seeley, Director of Parks and Recreation, showed the proposed location of the new building which will result in the loss of five parking spaces. There will be no increase in operational costs for the city and approval is recommended with the condition that the facility use agreement be updated prior to occupancy of the building.

Rollins College Director of Facilities Services Jeremy Williamson, Assistant Softball Coach Steve Frew, and Architect Martin Cote were present representing Rollins. Mr. Cote displayed and reviewed the site layout, floor plan and exterior renderings.

Concerns were expressed regarding the loss of parking spaces and options were discussed to either retain or recover the loss of parking through on-street parking or relocation of the building.

Commissioner Cooper said she feels the following lease provisions need to be considered: extension of the lease by mutual agreement, city logo in addition to Rollins College on the building and guaranteed use by the City at some designated time. Staff responded to questions clarifying the terms of the lease and demand for use of this facility and Rollins representatives talked about their use of the fields and maintenance.

Motion made by Commissioner Cooper to approve as recommended with the exception that there will be no loss of parking and that the facility use agreement between City and Rollins College be updated prior to issuing of Certificate of Occupancy; seconded by Commissioner DeCiccio. (Withdrawn after public comment.)

After discussion, Commissioner Cooper clarified her motion that the five parking spaces must remain or be replaced in a proximate area to the site.

Bill Voecks, 2076 Lake Drive, spoke in favor of redesign to retain on-site parking.

Forest Michael,358 W. Comstock, urged the Commission to work toward a solution for a defined spot for public use.

Beth Hall,517 Sylvan Drive, opposed the additional building and urged the Commission to have all of the details in certainty before a decision is made.

Commissioner Cooper withdrew her motion.

Motion made by Commissioner Cooper to allow Rollins to bring back a design showing resolution of the parking issue prior to approval; seconded by Commissioner Weaver.

Discussion followed on the design and it was clarified that staff will work with Rollins on the design and bring back to Commission for approval.

Motion made by Commissioner Cooper to amend the motion to require that the facility use agreement between City and Rollins College be updated prior to issuing of Certificate of Occupancy; seconded by Commissioner Weaver. Upon a roll call vote, Mayor Anderson and Commissioners Sullivan, DeCiccio, Cooper and Weaver voted yes. Motion carried unanimously with a 5-0 vote.

Upon a roll call vote on the main motion as amended, Mayor Anderson and Commissioners Sullivan, DeCiccio, Cooper and Weavervoted yes. Motioncarried unanimously with a 5-0 vote.

Mayor Anderson declared a recess at 7:29 p.m. and reconvened the meeting at 7:42 p.m.

d. Progress Point Park Mayor Anderson noted the intent is to determine whether to move forward with design and construction of certain components of Progress Point, using ARPA funds for some components. Mr. Knight confirmed that those can be used for drainage, but further review is needed of the expanded definition of infrastructure.

Mr. Seeley stated the components being addressed are the realignment of Palmetto and the park space and reviewed the revised line item budget for realignment to $711,000 which includes additional on-street parking, decorative lighting along the perimeter and parking lot lighting, and remediation. With other infrastructure costs, the total increases to $771,000.

A rendering was shown indicating the park area and other components. Mr. Seeley reviewed the budget for the park space totaling $1.375 million which includes $200,000 for specimen canopy trees.

Staff responded to questions regarding the Mead Garden connector, timeline, infrastructure improvements and work to be performed by staff. It was noted that the cost to brick PalmettoAvenue would increase the cost by approximately $200,000.

Commissioner Weaver expressed his concern that there is less green space as a result of the proposed buildings. He suggested repaving the parking lot on the southwest portion of the site and planting trees around parking lot and suggested removing the southern-most building, increasing the setback of the building fronting on Orange Avenue and decreasing the size of the buildings which will increase the size of the park.

Mayor Anderson showed an aerial view of the site indicating the park, the parking area and the potential buildings at the western edge of the park plus the turnaround.

Commissioner Sullivan supported moving forward with the realignment of Palmetto and planting the larger live oak trees. He suggested grassing and irrigating the park without sidewalks, fountain and landscaping and bricking Palmetto.

Commissioner Cooper agreed with moving forward on planting trees and expressed a preference to remove the interactive fountain ($300,000) to add more trees.

Commissioner DeCiccio spoke in favor of moving forward with the realignment of Palmetto, tree planting, landscaping and bike paths.

Mayor Anderson summarized the discussion stating the building footprints and the red- brick turnaround will be discussed at a later date. The park and the realignment of Palmetto will be voted upon tonight.

Motion made by Commissioner Weaver to move forward with realignment if Palmetto, limit buildings to 140 feet south of Orange Avenue to line up with the existing adjacent 50 x 140 lots which would expend the park and no stormwater management under the existing parking area. Motion failed for lack of second.

Motion made by Mayor Anderson to frame the RFP generally surrounding the three building sites west of the proposed park; seconded by Commissioner DeCiccio. (Withdrawn after public comments and discussion.)

Motion made by Mayor Anderson to adopt the budget for the designated park space as revised with a total budget of $771,000 (including $200,000 for large trees. Withdrawn after discussion.

Motion made by Mayor Anderson to approve the total revised budget ($771,000) as presented for realignment of Palmetto plus an additional $200,000 to brick Palmetto, and the park space ($1.175million) plus $200,000for specimen oak trees and removing $300,000 for interactive fountain; seconded by Commissioner Sullivan.

Motion made by Commissioner Weaver to approve $100,000 to repave the parking lot adjacent to Cypress; seconded by Commissioner DeCiccio.

Forest Michael, 358 W. Comstock, requested an opportunity to present his plan for Progress Point to the entire commission and the public. He stressed the need for a cohesive plan, prepare an accurate budget and then release an RFP for a landscape architect.

After discussion, Motion regarding the frame of the RFP was withdrawn. It was clarified that the total budget for Palmetto Avenue and the park was $2.146 million.

Further discussion was held on the components of the development.

Motion made by Commissioner Sullivan to amend the motion to remove interior sidewalks ($100,000) and traditional fountain ($150,000) at this time. seconded by Commissioner Weaver. (Withdrawn after discussion on the plan, timing of improvements and design preparation.)

A single vote was taken on the main motion and amendment. Upon a roll call vote to approve the total revised budget ($771,000)) as presented for realignment of Palmetto plus an additional $200,000 to brick Palmetto and for the park space ($1.175 million) plus $200,000 for specimen oak trees, less $300,000 for interactive fountain, and to approve $100,000 to repave the parking lot adjacent to Cypress, Mayor Anderson and Commissioners Sullivan, DeCiccio, Cooper and Weaver voted yes. Motion carried unanimously with a 5-0 vote.

12) Public Hearings a. An Ordinance of the City of Winter Park providing for the annexation of approximately 0.8 +/- acres of real property located at 647/653 Harold Avenue and a portion of the adjacent Harold Avenue right-of-way. (1st reading) Attorney Ardaman read the ordinance by title. PlanningManager Jeff Briggs reviewed the request and responded to questions.

Motion made by Commissioner Cooper to approve the ordinance on first reading; seconded by Commissioner DeCiccio. There were no public comments. Upon a roll call vote, Mayor Anderson and Commissioners Sullivan, DeCiccio, Cooper andWeaver voted yes. Motion carried unanimously with a 5-0 vote.

b. An OrdinanceAuthorizing Orange County Air Quality Monitoring Building Relocation and Lease. (1st Reading)

Motion made by Commissioner DeCiccio to approve the ordinance on first reading; seconded by Commissioner Cooper. There were no public comments. Upon a roll call vote, Mayor Anderson and Commissioners Sullivan, DeCiccio, Cooper and Weaver voted yes. Motion carried unanimously with a 5-0 vote.

c. Ordinance Establishing a Broadband and Smart City Ad-Hoc Committee. (2nd Reading) Commissioner DeCiccio spoke on and discussion followed on the number of members, residency requirement and the appointment process.

Motion made by Mayor Anderson to table to the next meeting; seconded by Commissioner DeCiccio. Motion carried unanimously with a 5-0 vote.

13) City Commission Reports

Commissioner Sullivan – No report

Commissioner DeCiccio • Asked that Winter Park Institute (WPI) be included in the upcoming budget for operational support. Mr. Knight said that this will be added as a budget request. There was support to include WPI in the organizational support budget with the understanding it would not increase the total organizational support budget. • Addressed Attorney Yurko’s request made under Public Comments. Attorney Ardaman commented on the current code language and said he will reviewMs. Yurko’s proposed ordinance and give an update in next meeting.

Commissioner Cooper • Suggested that $700,000 of ARPA funding be used for infrastructure projects. • Announced that the city has paid off the debt for the Public Safety Building. • Spoke on the underlying zoning on Progress Point and said she would like the underlying zoning to be parkland. Consensus to have attorney research. • Requested a copy of parking management plan for 444 New England.

Commissioner Weaver • Thanked staff for coordinating Farmer's Market vaccination site.

Mayor Anderson • Thanked the Commission for moving forward with the ProgressPoint park.

14) Summary of Meeting Actions • Commissioner Weaver appointed Stockton Reeves to the Civil Service Board • Approved the Consent Agenda with amendment to minutes. • Approved hiring a Federal lobbyist with the addition of a defined deliverable at six months for the Post Office.

• Tabled the matter of Lake Killarney Advisory Board for staff to define how the boards can co-exist.

• Conceptually approved the Rollins Stadium provided Rollins works with staff on the design to ensure there is no loss of parking.

• Approved the budget for realignment of Palmetto and for the Progress Point park

• Approved the annexation of properties on Harold Avenue on first reading.

• Approved the ordinance authorizing the Air QualityBuilding and Lease.

• Tabled the ordinance on broad band and smart city committee

• Agreed to add the Winter Park Institute on the worksheet for budget requests.

• Directed City Attorney to review ordinance proposed by Ms. Yurko.

• City Attorney to review the underlying zoning at ProgressPoint.

• Staff to provide parking management plan for 444 W. New England to the commission.

15) Adjournment

The meeting adjourned at 9:58 p.m.

View the original PDF at the City of Winter Park (https://winterpark.granicus.com/DocumentViewer.php?file=winterpark_d231d800731b1f6454d6b6c1356863f6.pdf)

Posted to WinterParkSunshine.org on November 8, 2021.