City Commission Special Meeting
March 30, 2020
Mayor Steve Leary
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
The meeting was conducted via GoToWebinar.
Mayor Leary called the special meeting of the City Commission to order at 5:00 p.m.
Mayor Leary reviewed the executive order by Governor DeSantis regarding public meetings and standards for agencies to conduct meetings during the COVID-19 pandemic. He advised that the technology was tested in a work session held on Thursday, March 26th. He reviewed the protocol for panel participants and receiving public input under normal rules of decorum. Public input will be taken via a link on the city’s website and a dedicated phone line with comments being read during the appropriate agenda item.
He stated he is opposed to this meeting due to the COVID-19 pandemic and realigning any resources from the current health crisis. He spoke in support of the Orange Avenue Overlay which he feels was a thorough, open and inclusive process through months of meetings and work by staff, professionals, business and property owners. He said that he will make a motion to table this item.
2. Items for Discussion
a. Commissioner Weaver request to follow-up from March 26, 2020 work session testing virtual meeting technology and discussion of COVID-19
1. Status update of city response to COVID-19
2. Follow-up on March 26, 2020 work session relating to COVID-19
Mr. Knight gave an update on staffing for essential functions. He stated that the State Department of Emergency Services provides information on number of cases but not specific to the city limits. He advised that the Fire Department transported one city resident who tested positive. Orlando Mayor Jerry Demings issued a revised Executive Order stating that golf is an acceptable means of exercise although the city closed its golf course and boat ramps.
Commissioner Cooper asked that staff provide a six-month pro forma for the CRA and general fund which considers reduced revenue. Mr. Knight stated that staff will provide the pro forma with different scenarios.
Commissioner DeCiccio asked whether the CRA can make loans to small businesses in Winter Park. Mr. Knight stated staff is looking at the rules surrounding micro loans similar to what existed many years ago. The program and funding will require approval of CRA Agency. Consensus was to have staff provide the pro forma analysis by the end of the week for consideration when opening the micro loan program.
Commissioner DeCiccio commented on the closure of the golf course and boat ramps and questioned whether the city should open these for small groups. Members of the Commission expressed concern that this violates rules of social distancing and sends the wrong message. Consensus was that the golf course and boat ramps remain closed.
Commissioner Sullivan asked for information on the coordination of efforts with Chamber of Commerce. Mr. Knight advised they have not received an update but Kyle Dudgeon, Assistant Division Director of Economic Development/CRA, is the city’s liaison with the Chamber to provide assistance to businesses in need of support and sharing information and data. He will provide an update this week of their efforts.
3. Citizen Comments
Assistant City Manager Michelle Neuner advised that no citizen comments were received via the website at this time that were unrelated to agenda items.
4. Public Hearings
a. RESOLUTION NO. 2229-20 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER PARK, FLORIDA, WAIVING PHYSICAL QUORUM REQUIREMENTS FOR CITY COMMISSION AND OTHER BOARD MEETINGS; ESTABLISHING PROCEDURES FOR PUBLIC MEETINGS CONDUCTED VIA COMMUNICATIONS MEETING TECHNOLOGY (“CMT”); AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
Attorney Ardaman suggested that speakers be identified so attendees listening via telephone know who is speaking. He introduced Giffin Chumley, an attorney in their firm, who assisted in preparing this resolution which relates to physical quorum requirements and establishing procedures for public meetings through Communications Meeting Technology (CMT). He reviewed the executive orders of the Governor to allow public meetings and the provisions of the resolution. This resolution follows the language of the Charter amendment that was passed relating to video conferencing.
Attorney Chumley explained that the executive order gives the city the authority to waive the formalities and procedures required by law. This resolution confirms the city’s waiver of those procedures and outlines procedures for conduct of meetings.
Commissioner Cooper asked for clarification that in Section 2, the waiver for purchasing matters only applies to the purchase and testing of CMT resources. Attorney Ardaman confirmed and stated that, if desired, any waiver of the City Manager’s purchasing authority above $75,000 should be included.
Motion made by Commissioner Cooper to adopt the resolution subject to the $75,000 purchasing limitation applicable to the City Manager in the purchasing policy; seconded by Commissioner Weaver.
There were no public comments.
Upon a roll call vote, Mayor Leary and Commissioners Sullivan, DeCiccio, Cooper and Weaver voted yes. Motion carried unanimously with a 5-0 vote.
b. Ordinance repealing adoption of Orange Avenue Overlay
Ordinance rescinding and repealing the amendments to the Comprehensive Plan and Zoning ordinances that established the Orange Avenue Overlay District.
Mayor Leary suggested that attendees begin submitting comments on this item.
Attorney Ardaman read the ordinance by title.
Motion made by Mayor Leary to table this ordinance. Motion failed for lack of second
Commissioner DeCiccio said she is supportive of the Overlay but one that beneficial. She acknowledged concerns about the timing of this matter, but the timing is critical due to State Statutes. She explained that action must be taken by April 15th or the Overlay becomes effective. She asked that the Overlay be reintroduced that reflects the desires of residents and ensures a fair resolution to property owners. The proposed ordinance provides for completion of a revised Overlay for submittal to the State by July 31st. She stated her main concern is the density of development of Progress Point and feels the only way to remove Progress Point from Overlay is to rescind the ordinance. This repeal will provide the opportunity to avoid the same mistakes made on 17-92, Fairbanks and Aloma Avenues and gives the city the chance to create turn lanes, bike paths and green space. She urged staff to deliver traffic and proposed modeling of what the Overlay could look like to make sure the plan meets the goals and visioning statement.
Mayor Leary said he does not feel it is necessary to remove the Progress Point property from Overlay since the commission will determine the development. He asked whether the Progress Point property can be removed or identified separately.
Attorney Ardaman said the Overlay could be adopted and then amended; however, the problem is the impact not only to the city property but to all properties in the Overlay. Once the comp plan amendment becomes effective, the zoning amendments become effective and property owners will rely on the ordinances to develop their properties. He added that an amendment is necessary to change the boundaries if the primary intent is to remove Progress Point. However, as he understands it, Progress Point is not the only issue with the Overlay. He advised that the problem is allowing the two ordinances to become effective as it puts the city in difficult and tenuous legal position. If changes are made affecting properties other than city-owned property, then the ordinances should be rescinded and the process started again. How this is handled depends on the objectives and reasons for rescinding. If this ordinance is adopted, then he has modifications to the moratorium ordinance. If the ordinance is not adopted, then the moratorium can be considered without much change, if any.
Mayor Leary said that he understands traffic modeling is most effective when the type and size development is known and asked Commissioner DeCiccio what type of modeling she is requesting. Commissioner DeCiccio stated that traffic modeling will help determine what will or will not work and may alleviate or confirm fears of increased traffic. She said no one is asking for an exact replica but people need to see what it may look like. She said she does not want to put this off indefinitely as it will delay any redevelopment that may be beneficial to the city, particularly with parking garages. As it relates to Progress Point, she feels it should be removed from the Overlay and the city should retain ownership but would like the site to include space for Winter Park Playhouse, a 1.5-acre park along Denning, drainage and parking.
Commissioner Sullivan spoke in opposition to the first draft of this ordinance as it holds city staff and commission to a tight schedule and because staff direction should not be by ordinance. He supported directing staff to reinitiate the OAO process that includes negotiations with property owners, which cannot happen under the first draft.
Commissioner Cooper said she would like to focus on the second draft provided by
Commissioner DeCiccio and she will propose amendments in the form of motions.
Commissioner DeCiccio stated the deadline for resubmittal of the OAO to the state in this ordinance is July 31, 2020 except for special circumstances, i.e. the pandemic.
Commissioner Weaver suggested excluding a date for completion but including a provision to recommence discussion of the Overlay after social distancing and quarantines are lifted.
Commissioner Cooper said she is in favor implementing the Orange Avenue Overlay. She said she will present language that will tie the completion of the Overlay to the end of the pandemic. She reiterated that adoption of this ordinance must be completed by April 15th, which is why this special meeting was called, so second reading can be held on April 13th.
Mayor Leary suggested a work session to address and present ideas rather than going directly to repeal, which erases the extensive work put into this document. He opposed considering a repeal under a special meeting during a pandemic by teleconference with limited access for public participation.
Commissioner Weaver expressed concern regarding the city’s liability under the Bert Harris act which gives property owners the ability to sue the city if their rights are diminished under an ordinance. He supported repeal of the ordinances and initiating conversations with property owners.
Commissioner Cooper stated her only reason for this repeal is to continue conversations without starting at the beginning and expressed her commitment to adopt an Overlay.
Commissioner Cooper said that he feels the commission’s role is to educate the public and show that this can be accomplished by working together and finding a compromise.
Commissioner Sullivan stated the majority of e-mails he received were in support of repeal of the Overlay and said his goal is to fix the Overlay.
Mayor Leary suggested Commissioner DeCiccio lead this process since she was on the Overlay Committee with several professional planners, engineers and other professionals.
Motion made by Commissioner DeCiccio to approve the ordinance on first reading; seconded by Commissioner Sullivan.
Motion made by Commissioner Cooper; seconded by Commissioner Weaver to amend the ordinance by revising the 2nd Whereas paragraph to read:
WHEREAS, the City Commission has reconsidered its votes on Ordinances 3166-20 and 3167-20 and now repeals those ordinances before they become effective to avoid causing prejudice to any of the landowners in the Overlay area; and to begin the process anew to consider adoption of an Orange Avenue Overlay District; and
Motion made by Commissioner Cooper; seconded by Commissioner Weaver to amend the ordinance by revising the 3rd Whereas paragraph to read:
WHEREAS, the City Commission directs City staff to provide necessary data and analysis, as delineated by the City Commission, within 30 days following the expiration of any state or federal Executive Orders (EO) allowing public meeting by communications media technology; and within 30 days following the presentation to and acceptance by the City Commission of such data and analysis, re-initiate the process and schedule public hearings to consider amendments to the Comprehensive Plan and the Zoning Code to create the Orange Avenue Overlay District in accordance with F.S. Chapter 163, pt. II and Land Development Code Section 58-6; and
Commissioner Cooper suggested a work session to define the parameters of the data needed.
Motion made by Commissioner Cooper; seconded by Mayor Leary to amend the ordinance by adding a new Section 1, Recitals, to read:
SECTION 1. Recitals. The above recitals are hereby adopted as the legislative findings of the City Commission.
Motion made by Commissioner Cooper; seconded by Weaver to amend the ordinance by adding two additional Whereas paragraphs:
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, the City Commission has reconsidered its votes on Ordinance 3166-20, establishing the Orange Avenue Overlay, and Ordinance 3167-20, the associated land development code amendment, (referred to collectively as the Orange Avenue Overlay), and hereby repeals those ordinances before the ordinances become effective, to avoid causing prejudice to any of the landowners in the Overlay area; and
Commissioner Cooper commented on the City Charter and State Statutes relating to substantive changes to ordinances made at second reading. She feels that it is important to acknowledge that substantive changes were made at second reading relating to density, intensity and uses as defined in the Comprehensive Plan.
Mayor Leary stated that the city attorney offered a legal opinion that the changes were not substantive and that no vote was taken to increase density or anything above what was adopted at first reading.
Motion made by Commissioner Cooper; seconded by Commissioner Weaver to amend the ordinance adding an additional Whereas paragraph:
WHEREAS, the City Commission is repealing the Orange Avenue Overlay to allow more time for Staff to provide analysis and data, and to offer the public additional information and opportunity for public comment, and since many changes in substance were made at the second reading of the ordinances. Chapter 163.3181(1) of Florida Statute expresses the intent of the Legislature that the public participate in the comprehensive planning process to the fullest extent possible. There were public hearings on prior versions of the Orange Avenue Overlay, however at the second reading of the ordinances many changes in substance were made to the Overlay, preventing full opportunity for public understanding and informed comment on the final version; and
Commissioner Weaver stated that although the title of the ordinance was not changed, the increase in density was a substantive change and there should have been another reading.
Mr. Ardaman reviewed the State’s general purpose rule which states if the ordinance title remains the same from first reading to second reading, there is no need to have a third reading. He urged caution as there may be a question for all second readings of ordinances.
Commissioner Cooper stated she feels the Charter refers to change in substance in the text, not the title and that our charter is more restrictive than state statute.
Motion made by Commissioner Cooper to amend the ordinance adding an additional Whereas paragraph:
WHEREAS, the Orange Avenue Overlay, were it allowed to become effective, creates the potential for developments that are incompatible and of scale and size that are unprecedented in this City. Many citizens have asked for more time to study and to understand the Overlay, and to obtain expanded traffic analysis and graphic examples in order to better evaluate the potential outcome of these development standards within the Orange Avenue Overlay, and
Motion failed for lack of second.
Motion made by Commissioner Cooper; seconded by Commissioner Weaver to amend the ordinance by adding an additional Whereas paragraph:
WHEREAS, it is the intention of the City Commission to further study and potentially amend proposed Orange Avenue Overlay policies and regulations; specifically, to examine the value to the City from the transfer of residential development rights; intensities of land use; the regulations pertaining to parking garages; the use of existing public right of ways; the economic value of incentives, and
Motion made by Commissioner Cooper; seconded by Commissioner Weaver to amend the ordinance by adding an additional Whereas paragraph:
WHEREAS, Ordinance 3166-20 was not to become effective until April 16, 2020. By repealing Ordinance 3166-20 and Ordinance 3167-20 before April 16, 2020, the City Commission is providing ample notice to the property owners in the Orange Avenue Overlay that they should make no investment backed decisions based on Ordinances 3166-20 or 3167-20. Further that a copy of this Ordinance shall be mailed to all property owners within the geographic area referred to as Orange Avenue Overlay to ensure all owners are aware of this repeal of the Orange Avenue Overlay.
Public comments received via the Citizen Comment page on the website were read into the record by Assistant City Manager Michelle Neuner and Director of Communications Clarissa Howard.
The following submitted comments in support of the ordinance/opposition to the Overlay citing lack of traffic modeling, density and increased traffic.
· Charley Williams, 757 Antonette Lane (also supports moratorium)
· Paul Lynn, 697 Minnesota Avenue
· Kathryn Campbell, 1351 Richmond Road
· Pamela Peters, 467 Lakewood Drive
· Beth Hall, 516 Sylvan Drive
· Charles Hamilton, 450 Clarendon Avenue
· Jennifer Lyons, 936 Garden Drive
· Ruth Heine, 2358 Summerfield Road
· Jeannie Wall, 2110 Lake Drive
· Michael Spencer, 1509 Orange Avenue
· Bonnie Ferguson, 700 Melrose Avenue
· Sally Flynn, 1400 Highland Road
· Charles Hall, 515 Sylvan Drive
· Richard Tharp, 1255 Indiana Avenue
The following submitted comments in opposition to the ordinance/support of the Overlay. In addition to opposition to the ordinance, many opposed taking any actions during the COVID- 19 health crisis. Others cited improper notice, inefficient public forum.
· Rusty Stoeckel, 1026 Lake Davis Drive, Orlando
· Amy Calandrino, 807 Hamilton Place
· Laura Walda, 1791 Shiloh Lane
· Patrick Brazil, 2005 Lake Baldwin Lane, Orlando
· Thomas Stephens, 2218 Venetian Way
· Phil Calandrino, 807 Hamilton Place
· Richard Swann, 281 Salvador Square
· David Meek, 1791 Shiloh Lane
· Maddie Sue Swann, 281 Salvador Square
· Bebe Gardner, 250 Stirling Avenue
· Beverly Waugh, 1200 Via Salerno
· Jennifer Adams, 383 Sylvan Drive, requested removing these items from agendas until health emergency is over.
· David Odahowski, 199 Welbourne Avenue
· Ben Ellis, 1906 Whitehall Drive
· Michelle Heatherly, 940 W. Canton Avenue
· Daniel McIntosh, 981 Mayfield Avenue
· Kate Fontneau, 1853 Willow Lane
· Mickey Grindstaff, Shutts and Bowen, Fawsett Avenue, resident and attorney representing Demetree Glo
· Edward Wood, 2973 Sanbina Street
· Christopher Hughes, Track Shack, 1101 N. Mills Avenue
· Karen Robertson, 159 Burke Circle
· Jay Adams, 838 Sylvan Drive
· Julie Von Weller, 641 Williams Drive
· John Riley, 145 Lincoln Avenue, Suite B
· Greg Seidel, 1251 Lakeview Drive
· Frank Hamner, 405 Balmoral Road
· Mike Carolan, 2312 Randall Road
· Anonymous concerned citizen
· Lucy Eckbert, 541 Fairfax Avenue
· Hayden Eckbert, 541 Fairfax Avenue
· Betsy Gardner Eckbert, Winter Park Chamber of Commerce
· Jana Ricci, 502 Darcey Drive
· Daniel Butts, 120 Reading Way
· Rick Baldocchi, 2301 Forrest Road
· Laura Turner, 1646 Berkshire Avenue
· Lambrine Macejewski, 210 Dana Way
Mayor Leary called for a recess from 7:50 to 8:05 during which time final comments will be received and read after the recess.
Public comments (continued)
The following spoke in favor of this ordinance/opposition to Overlay
1. Yvonne Rausch, property owner, 1355 Orange Avenue
2. Garrick Spears, 1565 Orange Avenue
3. Deb Kalish, 1701 Pine Avenue
4. Mary Black, 1334 Dallas Avenue
5. Michael Harrell, 475 Lakeview Avenue
6. Roger Wall, 2110 Lake Drive
7. Carol Rosenfelt, 1642 Lookout Landing Circle
The following spoke in opposition to the ordinance/support of Overlay
1. Tom McMacken, 1821 Shiloh Lane
2. Lashanda Lovette 718 Margaret Square
3. Bipartisan resident
4. William Sullivan, 1362 Richmond Road, requested this be tabled.
5. Jacob Kuzman, 3001 Aloma Avenue
6. Kelly McCoy, 2611 Mandan Trail
7. Forest Michael, 358 W Comstock Avenue
8. Rebecca Humphries, 940 W. Canton Avenue
9. Darrell Devaney, 1861 Blue Ridge Road, requested this be tabled.
10. Alex Rosario, 662 Granville Drive
Public comment closed.
Commissioner Cooper stressed that it is not her intent to rush things through out of the public eye. She would like another option other than it becoming effective as currently written. She explained that if no action is taken to rescind, the Overlay will become effective with increased entitlements. She feels 3-D drawings and intersection evaluations in and around the Overlay are needed. She has no intention to abandon the Overlay and stressed her commitment to making it work. She stated that this is hard to do this during this time of a health crisis but there is no other way if the ordinance is not adopted on first reading tonight the Overlay becomes effective on April 16th. She spoke on the pandemic and need to support the businesses and residents.
Commissioner DeCiccio stated she would have preferred that this be delayed to another time but she has no choice due to time constraints of State Statute as stated by Commissioner Cooper. She said she supports an Overlay that reflects the desire of residents and businesses and with fair resolution to the property owners who have worked on the Overlay. She is doing this because she cares about the city and the Overlay as written is not in best interest of the city.
Commissioner Sullivan expressed empathy with persons affected by pandemic. He agreed with Commissioner DeCiccio that there is no choice to move forward at this time and this is right for the city. He stated that the approximately 200 persons that listened to this meeting and the comments received during this meeting are evidence that this virtual meeting worked.
Commissioner Weaver stated that the pandemic was discussed in a work session and in this meeting and he feels confident that city staff is effectively handling the pandemic and supporting residents and business owners. He stated his goal is to consider residents by minimizing the impact of the Overlay. He expressed his concern with lack of parking and the potential development of larger properties and encouraged repurposing buildings rather than building new buildings.
Mayor Leary stated approving this Overlay will diversify the economy and allow for redevelopment and activity in that corridor. He stated the process was not rushed and took more time and meetings than revising the comprehensive plan and that it was not a developer- led process. He feels it is inappropriate to be having this meeting at this time and that there are other ways to deal with concerns, especially those regarding Progress Point.
Vote on amendments
Motion made by Mayor Leary to deny this ordinance. Motion failed for lack of second.
Amendment 1 – Upon a roll call vote, Mayor Leary and Commissioners Sullivan, DeCiccio, Cooper and Weaver voted yes. Motion carried unanimously with a 5-0 vote.
Amendment 2 – Upon a roll call vote, Commissioners Sullivan, Cooper and Weaver voted yes and Mayor Leary and Commissioner DeCiccio voted no. Motion carried with a 3-2 vote.
Amendment 3 – Upon a roll call vote, Mayor Leary and Commissioners Sullivan, DeCiccio, Cooper and Weaver voted yes. Motion carried unanimously with a 5-0 vote.
Amendment 4 – Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver voted yes and Mayor Leary voted no. Motion carried with a 4-1 vote.
Amendment 5 – Upon a roll call vote, Commissioners Sullivan, Cooper and Weaver voted yes and Mayor Leary and Commissioner DeCiccio voted no. Motion carried with a 3-2 vote.
Amendment 6 – Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver voted yes and Mayor Leary voted no. Motion carried with a 4-1 vote.
Amendment 7 – Upon a roll call vote, Mayor Leary and Commissioners Sullivan, DeCiccio, Cooper and Weaver voted yes. Motion carried unanimously with a 5-0 vote.
Main motion as amended - Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver voted yes and Mayor Leary voted no. Motion carried with a 4-1 vote.
c. Ordinance declaring moratorium on applications in the Orange Avenue Overlay District
Ordinance placing a temporary moratorium (suspension) on the acceptance, processing, and consideration of all development orders, conditional use applications, site plans, building permits or other development applications that would utilize the Orange Avenue Overlay District regulations and codes.
Motion made by Mayor Leary to deny the ordinance; seconded by Commissioner Sullivan.