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HomeMy WebLinkAbout2000 05 08 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MAY 8, 2000 I. CALL TO ORDER The Regular Meeting of May 8, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:34 p.m. City Attorney Anthony A. Garganese, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, arrived at 6:31 p.m. City Manager Ronald W. McLemore, arrived at 6:34 p.m. A moment of silent prayer was followed by the Pledge of Allegiance. Mayor Partyka mentioned that the Special Meeting regarding the Oak Forest Wall Assessment District will be held on Wednesday, May 10,2000, beginning at 6:30 p.m., in the Auditorium at Winter Springs High School. Agenda Changes: The following changes were suggested: Postpone Regular Agenda Item "E"; and that Regular Agenda Item "A" would be moved ahead of the Public Hearings Agenda. It was mentioned that a time "cap" be placed on discussion pertaining to Regular Agenda Item "A". Presentations Mayor Partyka introduced Chief of Police Daniel J. Kerr who explained that an award would be presented by Sonitrol Alarm Company. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 2 of 42 Mr. Bill Ford, General Manager of Sonitrol Alarm Company, and Mr. Bob Delvecchio, the Director of Security for the Seminole County School Board addressed the Commission and audience. Mr. Ford mentioned that the "Partners Against Crime" program recognizes "outstanding" efforts, and he explained that Winter Springs Corporal Fred Gold, and Dispatcher Katherine Mummah had done an outstanding job to prevent a break-in from occurring at Indian Trails Middle School. A Certificate of Appreciation was presented to both individuals. II. PUBLIC INPUT Mr. and Mrs. John and Hollie Brower, 1932 Lake Street, Oviedo, Florida: inquired as to why partial paving, "Stopped, just prior to our house," and asked to have the paving completed. Discussion. Mr. Kipton Lockcuff, P.E. Public Works Department Director, Manager McLemore and members of the Commission discussed this matter. It was suggested that they contact County Commissioner Randy Morris for his assistance, as this is the jurisdiction of the County. Mr. and Mrs. Brower were advised that they might want to consider whether they and their neighbors might be interested in annexation. Ms. Ginny More, 270 San Gabriel Street, Winter Springs, Florida: mentioned that she had a few concerns, in writing. This information was handed to the City Clerk, to forward to all members of the Commission. Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: announced her candidacy for Seat V. Ms. Krebs mentioned that Mr. Chuck Pula, Parks and Recreation Department Director had contacted her to set up a meeting. Ms. Krebs further spoke about handicap accessible park equipment; and inquired as to why the ramps were removed from this proj ect. Commissioner Michael S. Blake asked "Are they finished with the ground work there now?" and inquired as to what additional work still needs to be done. Mr. Chuck Pula, Parks and Recreation Department Director stated that several items still needed to be completed. Manager McLemore said, "As far as the other handicap issues - the best that we could do, would be to inventory all those things and see what they would cost. If you recall, the bids were substantially over what we had allocated, and we had to do a lot of cutting - to make this work. But, if you want us to put you in position to make a decision, relative to doing some additional work - we'll be happy to do that. I need some direction on that one. " Commissioner Edward Martinez, Jr. stated that "The Director of Parks and Recreation is meeting with some people to finalize ways and means to ameliorate this situation - is that MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8, 2000 Page 3 of 42 correct?" Manager McLemore said, "That was the direction given - was to review it and see what - if anything we could do, to improve it." Commissioner Martinez then said, "Can we put this off then, until they are finished their conversations and negotiations and then, have the Director bring us back what the ideas are - and cost them out. Thank you." Ms. Natalie Bogumil, 680 West State Road 434, Winter Springs, Florida: asked about Regular Agenda Item "H" and spoke of her concern with signage; that her individual business sign was not in compliance; that pole signs are to be replaced by monument signs; and that she was concerned that there was not appropriate "due process." Ms. Bogumil asked that current business owners be grandfathered in, regarding improper signage, until a later date. Discussion ensued on the permitting process; whether business and property owners had been contacted; getting the word out; advertising; and whether the related Agenda Item could be heard earlier during this meeting. III. CONSENT A. Utility Department Requesting Authorization To Enter Into A Contractual Agreement For The Construction Of The Water Treatment Plant #1 Boundary Wall. B. Office Of The City Clerk Approval Of The Minutes Of The Special Meeting Of April 24, 2000, Which Was The Continuation Of The April 10, 2000 Regular Meeting. C. Office Of The City Clerk Approval Of The Minutes or The Regular Meeting or April 24, 2000. Mayor Partyka said, "I'd be looking for a Motion to approve the Consent Agenda." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 4 of 42 IV. INFORMATIONAL A. Fire Department Requests That The City Commission Review The Results Of The City Of Winter Springs Employee Blood Drive. B. City Clerk Requesting The Commission Review The Attached Program Which Will Be The Suggested Schedule For The Upcoming Board Appreciation Dinner, To Be Held On Sunday, June 25, 2000, At The Tuscawilla Country Club. C. General Services Department Would Like To Inform The City Commission Of The Results Of The 1999-2000 United Way Campaign. D. Parks and Recreation Department Requests That The City Commission Review Information On Community Youth Organization (C.Y.O.) Supervised Basketball Summer Program At Torcaso Park And Trotwood Park. Mayor Partyka said, "I'd be looking also for a Motion to approve the entire Informational Agenda. " "SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I KNOW WE ALREADY REARRANGED THE AGENDA, BUT I'D LIKE TO MAKE A MOTION THAT WE MOVE ITEM 'H' UP, AT THIS POINT." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8, 2000 Page 5 of 42 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE HEARD IN THE ORDER AS DOCUMENTED. .:. .:. VI. REGULAR H. Community Development Department - Code Enforcement Division Requests The City Commission Review Information Pertaining To The State Road 434 Corridor Vision Plan For Redevelopment. Ms. Jimette Cook, Code Enforcement Manager introduced this item, and explained some of the standards; related costs; conformance with the new guidelines; and landscaping. Commissioner Martinez left the dais at 7: 15 p.m. Manager McLemore spoke of enforcement and suggested that the "enforcement" of this Ordinance be delayed for a one year period, and that ''Notice'' be provided via mail. Commissioner Martinez returned to the dais at 7:16p.m. Manager McLemore suggested that all property owners be contacted by "certified mail." Commissioner Blake left the dais at 7: 17 p.m. Members of the Commission and Manager McLemore further discussed suggested compliance timeframes; and that all property owners be contacted. Commissioner Blake returned to the dais at 7: 18 p.m. Manager McLemore added, "What I would recommend, is that we do this by Certified Mail- this time around, to make sure that we contact every property owner." Further discussion ensued on previous compliance dates; that in the future, such issues be brought to the Commission "Prior to going into compliance, rather than after;" extension time periods; and preferred methods for contacting business representatives. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8, 2000 Page 6 of 42 Commissioner Martinez stated, "I would like to ask, or request that the City Manager and the Code Enforcement people, review the Sign Ordinance and find out why we don't have a renewal requirement." Commissioner Blake suggested that all three categories be brought to the same time frame, and agreed that notification via "Certified mail is the correct way." Commissioner Blake added, "But I think we notify two categories of entities - the one being the property owners, the second being - we'll go through the Occupational Licenses, and any business that is listed on State Road 434, that's within the area controlled by the Redevelopment District Code, would also get one. And, I think the letter that goes out should state very clearly, what the penalties will be, and that there will be no extensions, past that extended timeframe." Attorney Garganese was asked if the Ordinance should be revised, and he suggested that "The cleanest way to do this - is to amend the Ordinance; provide sufficient public notice - which gives the people an opportunity to come and be heard, and that Ordinance would simply extend the amortization period for signs in value of zero dollars to ten thousand dollars ($10,000.00), and bring them all into compliance in that fifth year." Discussion. Commissioner Robert S. Miller summarized by saying, "All categories would have to come into compliance by 14 November 2002." Other members of the Commission agreed to this, and Mayor Partyka stated, "So be it." VI. REGULAR A. City Manager Requests The Commission Approve An Agreement Between Schrimsher Properties And The City Of Winter Springs Relative To Adoption Of The Town Center Code. Commissioner Miller stated, "I'd just like to make a Point of Order, that it's now 7:30 - and that we will stop discussion of this item at 8:30, because we have the rest of the Agenda to move on to." Brief discussion. "I MAKE A MOTION THAT WE ALLOW ONE HOUR, FOR ITEM 'A' ON THE REGULAR AGENDA, AND THAT ANY SUBSEQUENT DISCUSSION BE MOVED TO SOME OTHER VENUE, AT ANOTHER TIME, OR AT THE END OF TONIGHT'S MEETING, IF THAT'S AGREEABLE TO THE COMMISSION." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. Commissioner Blake stated, "Mr. Mayor, Point of Order. Point of Order. This Item has not been moved on the Agenda. It's coming exactly where it is on the Agenda." Tape l/Side B MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8, 2000 Page 7 of 42 Mayor Partyka clarified what the Motion is and stated "Just for clarification, it's one hour now - and if there is any further discussion, just to do it at the end of the evening." VOTE: ("ON CALLING THE QUESTION") COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. Discussion. .:..:. AGENDA NOTE: THE PREVIOUS VOTE WAS AGAIN TAKEN - MAYOR PARTYKA EXPLAINED AND SAID, "ANDREA, START ALL OVER AGAIN, JUST IN CASE THERE MAY BE A CHANGE. CALL THE VOTE, PLEASE." .:..:. VOTE: ("ON CALLING THE QUESTION") COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VOTE: ("ON THE MOTION") COMMISSIONER BLAKE: NAY DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Discussion ensued on the Schrimsher agreement; how things would be handled; and an updated map was handed out. Discussion. Mr. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: stated, "For the record, Mr. Mayor, my name is Michael Grindstaff, of the law firm of Shutts and Bowen, we represent the Schrimsher Group. Our address is 20 North Orange Avenue, Suite 1000, Orlando, Florida. With me tonight is Michael Schrimsher, a representative of the Schrimsher Group as well." Mr. Grindstaff started to explain some concerns. Mayor Partyka called a break at 7:44 p.m. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 8 of 42 Mayor Partyka called the meeting back to order at 8:02 p.m. Discussion ensued on the differences in a couple of memorandums; the 23.36 acres to be purchased; the surveyed property; the boundaries of Wetland Park; what both parties desire; what will be provided; the location of Wetland Park; and that the word "approximate" be dropped to allow for minor modifications of the land. Commissioner Blake stated, "My point is, what you want are pipes that connect and pipes that work. You don't care how many feet it is, right?" Mr. Grindstaff said, "That's right." Commissioner Blake continued, "And what you want is a road that connects at both ends..." Mr. Grindstaff added, "And meets the dimensions of Spine Road, as dictated in the Code." Commissioner Blake said, "Of course. And what we want are the dimensions of the park - in terms of acreage, that we previously agreed upon, and if the road has to move - six inches in order to accomplish that, then the road moves six inches to accomplish that." Discussion followed on what acreage the City has purchased; the value of the property; getting what the taxpayers have paid for; agreements; defining the boundaries; the definition of "approximately;" and the specificity of the acreage. COMMISSIONER BLAKE STATED, "MAYOR, I AM WILLING TO MAKE A MOTION - FOR THE COMMISSION, THAT ON THIS PARTICULAR POINT, THAT BEING FOR WETLAND PARK, THAT WE WILL ACCEPT NOT LESS THAN - 23.36 ACRES, FOR WETLAND PARK, AND FURTHER THAT IN THE DRAFT AGREEMENT THAT'S BEFORE US - THIS WOULD BE IN THE DEFINITION OF SECTION II 0) - UNDER THE DEFINITION OF WETLAND PARK, THIRD LINE - THAT SENTENCE WOULD READ, SPECIFICALLY, 'WETLAND PARK SHALL CONSIST OF NOT LESS THAN 23.36 ACRES, AS GENERALLY DEPICTED ON EXHIBIT 'A,' WITH THE UNDERSTANDING THAT THE ACTUAL CONFIGURATION OF WETLAND PARK, MAY BE ADJUSTED, DEPENDING UPON THE ACTUAL LOCATION OF SPINE ROAD AND THE ACTUAL LOCATION OF THE CROSS SEMINOLE TRAIL." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER DAVID W. McLEOD ADDED, "IT MEANS THE ROAD MAY HAVE TO SHIFT FURTHER TO THE WEST, OR A LITTLE FURTHER NORTH IN ORDER TO ACCOMMODATE THE 23.36 ACRES, SO THAT WE MAKE SURE THAT WE UNDERSTAND, WHAT THAT IS - OR EVEN TOWARD THE WETLANDS. " MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 9 of 42 VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka clarified, "The Motion basically says, this Commission agrees as a group that it should be - not less than 23.36 acres in this contract". Discussion. Manager McLemore stated that the second issue was the size of Magnolia Park; and the reduction in the size of this park from .79 to .59 acres. Manager McLemore stated, "You're entitled to .79 acres." Discussion followed on the acreage; where the area is situated; ownership of the property; conveyance of property; the related infrastructure; reconfiguring the property; and the size of the Trail. Tape 2/Side A Further discussion ensued on conveyance of the .79 parcel; and whether the issue that a portion of this parcel was partly State owned lands had been discussed before. Manager McLemore stated, "My absolute conviction is that we were purchasing .79 acres from Schrimsher." Discussion. Commissioner Blake left the dais at 8:57 p.m. Discussion ensued on this drawing as being just "conceptual." Commissioner Blake returned to the dais at 8:58 p.m. Attorney Garganese left the dais at 8:58 p.m. Commissioner McLeod stated, "The problem is, we agreed to fixed acreage, and that's why we need to have fixed numbers - the same, as we have agreed to put in a road." Commissioner Blake added that "All of the maps that we dealt with, even at the assistance of the organization, have been, I think a direct quote is 'for illustrative purposes only'. And the purpose of our negotiations when Commissioner McLeod and I sat in, with you gentlemen, and our staff, was to iron out some of these issues that we could nail down and put actual hard numbers to - and one of the hard numbers that we came to an agreement on, at that time was, acreages of the parks that would be conveyed to the City - and that is the exact terminology that we used then, and it hasn't changed." Attorney Garganese returned to the dais at 9:00 p.m. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8, 2000 Page 10 of 42 Commissioner Blake added, "My other point is the maps have always been, and still are 'for illustrative purposes only.' These are not surveyed, engineered lines on here. That's why in the negotiations we nailed down exact numbers - to the hundredth of an acre, in each case, of what each of the parks would be - how much would be conveyed to us." Mayor Partyka called a break at approximately 9:01 p.m. Mayor Partyka called the meeting back to order at approximately 9:15 p.m. Mayor Partyka then stated, "Let the record show, that everyone is here, on the City Commission. " .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE NEXT HEARD IN THE ORDER AS DOCUMENTED. .:. .:. V. PUBLIC HEARINGS B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Second Reading And Consideration Of Ordinance 2000-07 To Require A Six (6) Foot Wall Buffer Between Multi-Family And Single Family Developments And Between Commercial And Single Family And Multi-Family Developments And To Developments Located On The Edge Of The Town Center District. A Waiver Of The Specific Wall Requirements Within The Town Center District May Be Approved As A Special Exception. The Waiver Provision Shall Not Apply To Developments Located On The Edge Of The Town Center District. . Attorney Garganese read Ordinance Number 2000-07 by "Title" only. Attorney Garganese then stated, "Mayor and Commission. I went back and made the appropriate amendment to this section, or the sections that are relevant in this co- provision. As we discussed, the wall requirement in the Town Center shall apply internally within the boundaries of the Town Center, but only to buffer loading docks, service areas, and trash disposal facilities, from adjacent single family or multi-family residential uses, as specifically set forth in the Town Center Code. However, there was just one small, little oversight - I would suggest adding some language, because the section in the Town Center Code specifically relates to large footprint buildings. So to clarify, I would suggest - the language be 'Shall be internally within the boundaries of the Town Center for large footprint buildings. ", Discussion followed regarding the square footage associated with "Large footprint" buildings, which is defined as those "Greater than 20,000 square feet"; that dumpsters should not be visible; and zoning classifications. ~ MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 11 of42 Mayor Partyka polled the Commission regarding whether they were in favor of the proposed Amendment. The consensus was that the Amendment would not be included. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I'D LIKE TO MAKE A MOTION TO ADOPT ORDINANCE 2000-07, PERTAINING TO WALLS BETWEEN USES." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: . COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. C. General Services Department Requests That The City Commission Adopt On First Reading Ordinance 2000-15, Relating To The City Purchasing Policies And Procedures. Mayor Partyka said, "I need a Motion to read by "Title" only. "SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION ENSUED ON FIRST OR SECOND READINGS. MANAGER McLEMORE STATED THIS WAS TO BE A FIRST READING. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MILLER: AYE MOTION DID NOT CARRY. Attorney Garganese read Ordinance 2000-15 in its entirety. Manager McLemore left the dais at 9:26 p.m. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 12 of42 Mr. Gene DeMarie, General Services Director addressed the Commission on this subject. Discussion ensued on purchasing procedures, and whether corrective findings should be identified. Attorney Garganese stated that he would review this matter. Manager McLemore returned to the dais at 9:28 p.m. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Discussion ensued on previous purchasing practices, and possible ratifications. Attorney Garganese stated, "Let me look at the issue - from a general approach - and get back to you at the next Commission Meeting." Mayor Partyka said, "I need someone to make a Motion - to move this on to Second Reading. " "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner McLeod then stated, "When this comes back, as part of the Staff's recommendation, I would like to see - in that recommendation - that ratification, or whatever it be - Ron, to be one of the ways to tie it up. Thank you." Commissioner Martinez added, "May I suggest that in the future, that we are provided with copies of Ordinances that are amended, while this process is going through; because the ones that we have now, are not clear, because there have been Amendments to it, and we don't seem to get a copy of those amended Ordinances, once they are finally approved. Can we do that?" Brief discussion. Attorney Garganese stated, "The City Clerk, upon execution by the Mayor, can simply put the adopted Ordinances in each City Commissioner's box." Commissioner Martinez then said, "Thank you very much." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 13 of42 .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS REQUESTED TO BE TRANSCRIBED "VERBATIM." .:..:. V. PUBLIC HEARINGS D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Third Reading And Adoption Of Ordinance 758 Adopting The Large Scale Comprehensive Plan Amendments LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98, Dealing With Land Conservation And Resource Protection In The Town Center. Mayor Partyka: "Let me ask this question. The fact that this talks to the Town Center, this issue - this next one - 'D.' Community Development Department - Planning Division.' I'll just read it so we get it out of the way - 'Requests The City Commission Hold A Public Hearing For Third Reading And Adoption Of Ordinance 758 Adopting The Large Scale Comprehensive Plan Amendments LG-CP A-2-98, LG-CP A-3-98, LG- CP A-4-98, Dealing With Land Conservation And Resource Protection In The Town Center. ", Since this refers to the Town Center again, and we still haven't concluded the Town Center issue, should this be in effect, bundled with the rest of the Schrimsher discussion and the Town Center Ordinance. I mean, just give me a technical position on that so we could go on." Attorney Garganese: "This Ordinance pertains to more than just the Town Center." Mayor Partyka: "Right, but it also talks to the Town Center." Attorney Garganese: "It does speak to the Town Center in some respects." Mayor Partyka: "You tell us, I mean - from your standpoint, is it all right to move on or should we just hold off?" Attorney Garganese: "I know that Mr. Grindstaff wants to speak to this Ordinance. I think it is okay for the City to move forward..." Mayor Partyka: "Okay." Attorney Garganese: "... With this, at this point." Commissioner McLeod: ".. . Adopted a Town Center Ordinance. . ." Commissioner Martinez: "It is a Comprehensive Plan Amendment." Attorney Garganese: "It is a Comprehensive Plan Amendment." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8, 2000 Page 14 of 42 Mr. Grimms: "Yes." Attorney Garganese: "This isn't a Zoning Amendment." Mr. Grimms: "Right." Mayor Partyka: "Okay. Please read it then by 'Title' only." Attorney Garganese: "Ordinance Number 758 - an Ordinance of the City of Winter Springs, Seminole County, Florida, relating to the Comprehensive Planning, setting forth and adopting three (3) Large Scale Comprehensive Plan Text Amendments - references LG-CP A-2-98, LG-CP A-3-98, and LG-CP A-4-98, which shall amend the Comprehensive Plan by adding three (3) policy statements relating to Land Conservation And Resource Protection, providing for the repeal of prior inconsistent Ordinances and a Resolution providing for the severability, providing for incorporation into the Comprehensive Plan, providing an effective date and legal status of the Plan Amendments. Mayor." Mayor Partyka: "Okay. Thank you. Mr. Grimms, any comments?" Mr. Grimms: "Yes, from a planning standpoint I would certainly hope the Commission would take action on this because we have a deadline coming up. This relates to the P- 2000 Grant Program application that we are doing, and in June that deadline comes and I need to have this adopted in order to position ourselves in good stead with the review committee in order to get the points." Mayor Partyka: "Very good. Commissioner Gennell, would you want me to open 'Public Input' first, or yourself?" Deputy Mayor Gennell: "Actually, I'll take my light back off." Mayor Partyka: "Okay. Then what I'll do is open this up to 'Public Input.' I have no 'Request to Speak' forms here. Mr. Grindstaff?" Mr. Grindstaff: "Thank you, Mr. Mayor. Michael Grindstaff, Shutts and Bowen, 20 North Orange Avenue, Orlando, Florida, 32801. On behalf of the Schrimsher Group, we were not here tonight to address this issue specifically although we got the - we weren't planning on being here to address this issue; but we got a copy of the Agenda on Friday. We thought we might need to, and then after we looked at the Agenda out front we confirmed that we probably need at least to ask some questions. Maybe Anthony or City Manager, perhaps Tom, could answer some for us. First of all, generically, until such time as a companion agreement or some sort of agreement that's satisfactory to the Schrimsher organization can be reached with the City, we vehemently object to the Town Center Code, and any Amendments to the Town MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 15 of42 Center Comprehensive Plan that make way for the Town Center District; because it - for all of the reasons we have enumerated many, many times before. The - specifically I think it - Tom you can help me here. The conservation element was intended to protect certain archeological, maybe someone could summarize the purpose of this particular amendment. I was told that it was intended to clean up the 'Comp Plan,' so that the 'Comp Plan' would be able to address issues that would allow you to get certain points in your analysis for your Grant monies in the P-2000. I am specifically worried about how is the - how are conservation areas going to be described and identified within the Town Center? What are the archeological conditions that they're trying to preserve and protect? Are we talking about the digging up of artifacts? There was reference made in one of the attachments to the Code, about protecting wells and springs and underground conditions. I simply don't know what this is about." Mayor Partylca: "Could you summarize?" Mr. Grimms: "Basically through policy statements relating to preservation of environmentally sensitive areas, and archeological areas that may be found within the Town Center; these are statements that just go a little bit forward and strengthen the Comprehensive Plan policies that are - indicated in the 'Comp Plan' right now." Mr. Grindstaff: "In the archeological conditions, are they intended to imply to the artesian situations that were referenced in the springs, that were, I think identified as being east of Tuskawilla and north of 434? Is that the archeologicals - I must be missing something?" Mr. Grimms: "Those areas in and around the Town Center, the State has a policy of preservation of archeological areas whether they're sights or artifacts, and this is the intent of the P-2000 Grant. Staff is to encourage the local communities to show preservation, interest in preservation of these sorts of things. So, and they felt our Comprehensive Plan was not strong enough in terms of policy statements to show this desire. And - so we worked with the P-2000 Grant Program staff and they pretty much fashioned these statements, and they said with these statements you should be well positioned for points to get Grant monies for what we want to do." Mr. Grindstaff: "It says that, during the year the City shall adopt a Town Center (District) Conservation Preservation District, I believe - I may be mis-stating the language. Anthony, do you have that language in front of you?" Attorney Garganese: "It says 'Town Center Resources Protection District' will be created. " Mr. Grindstaff: "What kind of steps have been taken to form that District?" MINUTES CITY OF WINTER SPRlNGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 16 of 42 Mr. Grimms: "No steps at this point." Mr. Grindstaff: "Just, that we've got to do it during the..." Mr. Grimms: "That we would have to do it after the policy is adopted and when the Grant is applied for - that we make - a good faith effort and show that we are committed to doing that. We don't have to have that in place at the time of the Grant award, just indicate that that would be done, if we were to get the Grant to work." Mr. Grindstaff: "Mr. Mayor, just from a conceptual discussion, I know we've talked about concepts and lines and things, but we've all talked many, many hours about the Town Center and the increased densities, intensities, and the benefits of a Town Center. We've talked about the doughnut hole, which is Wetland Park and that wetlands area in the middle of the Town Center, and perhaps, the City Manager or someone could help me here. Is there any intention or expectation of claiming more than the wetlands area as some sort of conservation area within the Town Center?" Manager McLemore: "I would think that as it relates to environmental areas that need protection, most of those are already in these public areas that we're requiring. I can't tell you that for sure. I think that we evaluated all that as we were going through the process, but they may not be one hundred percent (100%) correct. But, I would think the majority of the areas are already taken as far - though the negotiations we had with you. I think that we will require an archeological analysis throughout the area before the final line is drawn. Maybe you can help here Tom. . ." Mr. Grimms: "... That is what they are looking for." Manager McLemore: "Yes. But I don't know that..." Mr. Schrimsher: "...I think. .." Manager McLemore: ".. . We draw that final line, we have some authority over that ourselves." Mayor Partyka: "Could I ask for clarification? Is this in effect, for conservation areas and archeological areas? Doesn't that apply to the entire City anyway? Ifwe find any of those areas, don't we have to do something?" Manager McLemore: "Yes." Mayor Partyka: "So my question is, ifin effect, it's in place, why do we need to do this, if it's in effect there?" Mr. Grimms: "Because, when the P-2000 Program staff looked at our Comprehensive Plan - if they felt that statements were not strong enough." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 17 of42 Mayor Partyka: "I guess what I'm saying, why single out the Town Center. Why not just make the strong statements for the entire City?" Mr. Grimms: "Well, because, for the P-2000 Grant Program application we singled out a number of different properties within the Town Center, for the Grant monies and that's why we focused in there. So..." Mayor Partyka: "Okay." Mr. Grindstaff: "Well, maybe we could zero in on the archeological fishing expedition. Are we talking about artifacts and burial grounds and that sort of thing? Are we talking about an artesian condition? Now I see Commissioner McLeod nodding his head, maybe he can help here?" Commissioner McLeod: "I am sure Tom can answer, but I think we're actually looking for bones and bodies, not cows. We are after human artifacts here is what I think we are looking at, and which is part of a mandate by the State of Florida." Mr. Grimms: "That's correct." Commissioner McLeod: ".. .Also partially in place at the present time under our present 'Comp Plan,' and all this language does is - aligns itself closer to the State's so that it satisfies their need." Mr. Schrimsher: "That's correct." Mr. Grindstaff: "And not the artesian situation referenced in the minutes or in the attachment. " Commissioner McLeod: "I don't think we're talking about water artesian wells. I think what you're referring to, - I know policy one of this is talking about artifacts. I don't know if policy three is - I think Tom should be able to address that, as far as artesian wells." Manager McLemore: "I think the only place we had any indication at all, of any artesian wells was in the wetlands area." Mr. Grindstaff: "And I would just like to clarify that was the intent and expectation of all parties. We don't need a fishing expedition and - someone coming around and just trying to make things up in order to claim all of the Town Center property as some sort of conservation area, which would be kind of backwards for all of us. I just think we need to be careful as we pass these broad-brush 'Comp Plan' Amendments." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 18 of42 Mr. Grimms: "No. It would be those areas that would be outlined by the City. If you say for artesian wells, environmental sensitive areas. It would not be a blanket over the whole ofthe Town Center." Commissioner Martinez: "May - I read something for you?" Mr. Grindstaff: "Please sir." Commissioner Martinez: "In the Planning and Zoning Board part of this package, under a response to a question by DCA, I guess - it says here, that the Town Center project includes a proposal to preserve the area surrounding the springs in a natural state. The springs located on the east side of Tuskawilla Road and the north side of State Road 434, are the basis from which the springs derives its name. The City seeks to preserve this rare, natural resource in its natural state for the appreciation and understanding by the public. That is what you are referring to? You are talking about springs?" Mr. Grindstaff: "Yes sir, that is one of the lines. I think there was another line there, but the point is - I don't know how far that goes; what the expectation is? You're going to surround that with a huge radius in order to preserve whatever is in the wetlands - I mean those are the concerns we have. And this 'Comp Plan' Amendment, with unspecified terms, such as we are going to pass a District in the future, leaves us skeptical as to how far that will go. And, we are - and you should be, I think, very concerned about that being a broad-brushed taking - for lack of a better word, excuse the choice - I can't think of one, better than that." Mayor Partyka: "Okay. Hold that thought. Commissioner McLeod?" Commissioner McLeod: "I would like to know where the Commissioner just read that from ?" Commissioner Martinez: "It's a Planning and Zoning Board/Local Planning Agency Agenda Item discussing the - hard to see - the proposed Large-Scale Comprehensive Plan Amendments. " Manager McLemore: "It's one of the attachments?" Mr. Grimms: "Attachment 'C.'" . Commissioner McLeod: ".. . Attachment 'c' - that's what... okay the next..." Commissioner Martinez: "Yes, Attachment 'C.'" Commissioner McLeod: "The next thing - where is that actually located?" Commissioner Martinez: "It says here.. ." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 19 of42 Mr. Grimms: "On the second page of the 'P&Z' Board Report, about the middle right..." Commissioner Miller left the dais at 9:51 p.m. Commissioner Martinez: "The fourth page. Where it says response at the top, under twelve. . ." Mr. Grimms: ".. .Response - right after response..." Commissioner Martinez: "The Town Center Project..." Commissioner McLeod: "Okay." Manager McLemore: ".. . Springs is located on the east side of Tuskawilla Road and north on..." Mr. Grindstaff: "We would really appreciate getting a copy of that." Commissioner McLeod: "You can have mine. But, my question on this, City Manager is that spring presently in Wetland Park." Manager McLemore: "Yes, based on the work that was done by environmentalists, when we were going through all this initially, we tried to include all of that area in the area that we are taking here." Commissioner Miller returned to the dais at 9:54 p.m. Commissioner McLeod: "Okay, but we're not taking anything here. It is in the park. Wetland Park. Part of the twenty-three acres, correct?" Manager McLemore: "Yes, as far as we know." Commissioner McLeod: "Does Staff agree to that? City Manager agree to that?" Mr. Grimms: "Yes." Mr. Grindstaff: "And we just leamed that, sir. Thank you very much." Commissioner McLeod: "There is no intention then to go outside to extend the boundaries beyond Wetland Park. I think that's the answer to the question." Mr. Grindstaff: "Thank you very much, Commissioner. That is right. Are we talking about more than the boundaries of the yet to be defined Wetland Park?" Commissioner McLeod: "No." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8,2000 Page 20 of 42 Mr. Grindstaff: "Okay. I think that what we're..." Commissioner McLeod: "That's why we have twenty-three point - not three - acres." Mr. Grindstaff: "That's very helpful." Manager McLemore: "Well, certainly a problem - from the perspective of..." Mr. Grindstaff: "What was that - what was that. . . ?" Commissioner Martinez: "The twenty-three point thirty-six (23.36), that's what we needed. " ?: "Mr. Schrimsher..." Mr. Grindstaff: "That's a building like - by the way." Manager McLemore: "I think the issue becomes - what if you go into these areas that are not in Wetland Park and you find an old Indian mound or something." Commissioner McLeod: "That's a different story." Mr. Grindstaff: "That's a different story. We're governed by lots of different regulations there too. We understand it." Manager McLemore: "As far as the wetlands issues, I think we've got them nailed and I think we could agree to that." Commissioner McLeod: "I think his question here is as I understood it Mayor, where is this spring?" Mr. Grindstaff: "Right. And where is the spring and how far is this conservation district going to go?" Commissioner McLeod: "To the spring." Mr. Grindstaff: "To the - yet to be defined Wetland Park?" Commissioner McLeod: "Conservation, I understand, to the spring is Wetland Park. Is that correct?" Manager McLemore: "Within Wetland Park..." Mr. Grimms: "Yes." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8, 2000 Page 21 of42 Manager McLemore: "Correct." Mr. Grimms: "Yes. That is my understanding." Mr. Grindstaff: "Thank you very much." Mayor Partyka: "Okay. Good. Thank you very much. We have that clarified. Anyone else, just in case? Okay. I'll close the Public Input portion of this. I'd be looking for a Motion to adopt? The City Attorney has something to say first." Commissioner Martinez: "Me too." Mayor Partyka: "Okay." Attorney Garganese: "Just one quick note. There are some references throughout the Ordinance, of January 10th, 2000. That has to be changed to May 8th, 2000." Mayor Partyka: "Say that again?" Attorney Garganese: "There are several references in the Ordinance to January 10th, 2000." Mayor Partyka: "Right." Attorney Garganese: "Those have to be changed to May 8th..." ~ A P tyk ." M 8th " mayor ar a. . . . ay . . . Attorney Garganese: ".. .2000." Mayor Partyka: ''Now, does that pose a problem?" Attorney Garganese: "Not at all." Mayor Partyka: "Okay. All right. Okay, Commissioner Martinez?" Commissioner Martinez: "Well, based on my readings - this item including the Attachment 'C,' we go back two years when we were discussing the 'Reserves,' and we had a very heated debate and I requested then, that the City Code be amended as far as a Hundred Year Floodplain Zone - was related and this Amendment or revision of the Code were promised and because of - maybe this item, the Town Center and the Tuscawilla Beautification District, and so on and so forth. This apparently went by the wayside, and two years later I don't see a revised Code dealing with Hundred Year Floodplain Zone, and its effect on the developing. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 22 of 42 Another issue is when the Parkstone project came up and we also had a very lengthy discussion here. I brought people here from the St. John's Water Management District, and I brought people here from the Orange County Commission staff - that related to us that, we should be looking for every way possible to preserve Lake Jessup from becoming infested with pollutants and the such, through run off water and etc., etc., etc. And even St. John's Water Management told everyone here - the Staff and this Commission that they could draft more restrictive laws covering Lake Jessup and its shores, than they have. That was a fact. And we were also promised then, that we would begin something that would deal with the shores of Lake Jessup along Winter Springs. That hasn't been forth coming. And I see here, on the response from the City to the objections from DCA on the 'Comp Plan' Amendments submitted to them, that they are saying here, that yes, this will be done; and it has to do with the - policy three; policy one, and all of this deals with some of the issues we've been talking about here tonight. It deals with preservation areas, it deals with wetlands, it deals with Lake Jessup, and you are saying yes, we are going to do this, and this is a fact. Now I am asking Staff, who is here now, does this mean, 'cause I heard you say something before - does this mean that you will be preparing something subsequent to the approval of this 'Comp Plan' Amendment with 'DCA,' or does this mean that you have something in place there that we have never seen?" Mr. Grimms: "We'll develop something subsequent to. . . " Commissioner Martinez: ". .. This approval?" Mr. Grimms: "Subsequent to the approval. Yes." Commissioner Martinez: "And if you don't? This approval will go back to first base?" Mr. Grimms: "And if we don't, and we get the Grant monies?..." Commissioner Martinez: "That's all I want to know, because I've been waiting for years - and I still haven't. . ." Mr. Grimms: "When this gets passed, we will be developing them." Commissioner Martinez: "Okay. Thank you." Mayor Partyka: "Okay, thank you. Commissioner Gennell?" Deputy Mayor Gennell: "Yes, Mr. Mayor, is a Motion in order?" Mayor Partyka: "Yes. City Manager, did you want to say something or not?" MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 23 of 42 Manager McLemore: "Well, I think also we need to inform you that you have entered into a contract for giving us authority to enter into a contract with a consultant who's doing this right now." Commissioner Martinez: "Okay." Manager McLemore: "Now, anything specific to Town Center that is not in his current contract, we would need to add to that, but that process is well on its way at this point in time. " Commissioner Martinez: "Thank you." Mayor Partyka: "Yes, Deputy Mayor." Deputy Mayor Gennell: "Mr. Mayor, I Move for approval of Ordinance 758." Mayor Partyka: "Is there a second?" Commissioner Miller: "I Second." Mayor Partyka: "Any further discussion?" Commissioner Blake: "Yes sir." Mayor Partyka: "Commissioner..." Commissioner Blake: "Is that amending all the dates that are discussed m the Ordinance. . . " Deputy Mayor Gennell: ".. .Yes." Commissioner Blake: "... Through May 8th, 2000?" Deputy Mayor Gennell: "Yes." Commissioner Blake: "Thank you." Mayor Partyka: "Okay. Call the VOTE please." Ms. Andrea Lorenzo-Luaces, City Clerk: "DEPUTY MAYOR GENNELL?" Deputy Mayor Gennell: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER MILLER?" MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8, 2000 Page 24 of 42 Commissioner Miller: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER McLEOD?" Commissioner McLeod: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER MARTINEZ?" Commissioner Martinez: "I'D HAVE TO SAY AYE AFTER THE OFFER MADE TO ME BEFORE. AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER BLAKE?" Commissioner Blake: "AYE." Mayor Partyka: "MOTION PASSES." Mayor Partyka: "Okay. Thank you. Mr. Miller?" Commissioner Miller: "A question. The City Manager brought up a point and I just want to make sure I understood. Do we need to give the Staff guidance to include the issues that Commissioner Martinez brought up, with regard to the issue he raised two years ago; which I recall that coming up when we talked about Parkstone and the people being able to put boat docks right down on the lake. I think our intent at that point was to prevent that from happening or make it much more restrictive in the future, so that if there are other areas of the lake front that got developed, you wouldn't have a boat dock every five feet or every twenty, every fifty or a hundred feet into the water. The St. John's Management people did tell us that we could make it more res~ctive but not less restrictive and so, the question I have then is - this consultant that was hired - is the City Manager referring that he needs our approval to address being more restrictive - coming up with language which is more restrictive even though it doesn't apply to the Town Center?" Manager McLemore: "Well, my answer to that is, I think we've got it covered. We'll review the scope of services with the contractor and if we think we need some additional authority to broaden out that scope to do this, we'll come back to you." Commissioner Miller: "All right. Fine." Mayor Partyka: "All right. Okay. That Issue IS done. You had a question Commissioner Gennell?" Deputy Mayor Gennell: "Yes. Are we at the beginning now, of the Regular Agenda?" MINUTES CITY OF WINTER SPRINGS CITV COMMISSION REGULAR MEETING - MAY 8, 2000 Page 25 of 42 Mayor Partyka: "We are at the Regular Agenda now." Deputy Mayor Gennell: "All right, then I'm..." Mayor Partyka: "We're going to start at 'B.''' Deputy Mayor Gennell: "I'm going to suggest that we move forward, anything on this Agenda, that has people in the audience, waiting to speak to address it." Commissioner Martinez: "This is one of them." Deputy Mayor Gennell: "Well, also the 'Add-On' is, and some other things that can be brought forward." Mayor Partyka: "We're going to do that. We're going to do the 'Add-On' first, because of the people here from the Wyman Fields Foundation. Okay. Commissioner McLeod?" Commissioner McLeod: "I know you want to go forward, Mayor, but I would just like to flip back to Item 'D,' and I would like to make sure we have no misunderstanding, going forward here." Mayor Partyka: "Sure." Commissioner McLeod: "On Item 'D'. I think it would be proper for the City under - again to, (let me see what Attachment I am looking at). I am again looking at Attachment 'C,' and I am looking at the Planning and Zoning Boards' Minutes and responses with this thing. And I am looking under the - on page two (2) of the response, under 'P' - under Policy 3) - Objective C, at the bottom. I think it would be proper for this City Manager to put in writing, the answers to the bottom paragraph of that page, entailing the upper paragraph, that what's it's intent is - the Wetland Park area only, and let me read into the record what this thing says. It says, 'The proposal is to remove the area around the artesian springs and wetlands related to Howell Creek from potential development and preserve these areas in their natural state. The area encompassing the springs would be designated conservation. The property owner has expressed an interest in developing the area for retail commercial purposes.' The City desires to find some way to purchase these lands. That statement on the end, I think, helps tie it to Wetland Park; but I think that we should precisely say that at least the Schrimshers - that the intent of this is that, and that only. So that later, this does not become an issue, when this Commission is not sitting here; this Mayor is not sitting here; this City Manager is not sitting here." Mayor Partyka: "Okay." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 26 of 42 Commissioner McLeod: "If that is the intent, understood by this Commission, then I think it should go in writing, and be presented that way - so it's not a future issue." Mayor Partyka: "Okay. That's a verbal - that verbalizes the intent. I mean - is that, from a legal standpoint, is that a more appropriate, specific way of doing exactly what I think we were talking about? It's puts some definition to it." Attorney Garganese: "If that's the consensus of the Commission, then..." Mayor Partyka: "Right, all 1..." Attorney Garganese: "... The legislative intent, 1..." Commissioner McLeod: ".. . What I'd like to..." Attorney Garganese: "Ask Commissioner McLeod to state it - it should be - you may want to put that in writing. Maybe have the minutes reflect that intent." Mayor Partyka: "Okay." Attorney Garganese: "So, there's a historical record." Mayor Partyka: "Okay, Commissioners, do you agree with that position? Commissioner Martinez. " Commissioner Martinez: "Don't forget that these things are mandated by the State; and the Grant depends on whether we are able to sustain the State's position, as to preservation areas and wetlands and so on and so forth." Mayor Partyka: "Yes. But, I think the issue on this one is, to actually name it the Wetland Park area, which is what we were talking - very specific. Is that correct Commissioner McLeod?" Commissioner McLeod: "No." Commissioner Martinez: "That's not what he said." Commissioner McLeod: "What this thing says - that it takes in. .." Tape 2/Side B Commissioner Blake: ".. .Business thing.. .Howell Creek is a separate unrelated wet area... " Commissioner Martinez: "Yes." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 27 of 42 Commissioner Blake: ".. .Not relating to..." Commissioner McLeod: "... In this - let me get back to. . ." Mr. Grimms: "Other than the - Wetland Park - spring water does feed into..." Commissioner McLeod: ".. . Part - the water does..." Mr. Grimms: "The water does feed into..." Commissioner McLeod: "It does feed into there, yes it does, it comes out of their artesian. .." Mr. Grimms: ".. . Separately defined area..." Commissioner McLeod: "Okay, which is fine. But, I think the intent here, by their Attorney was if the water starts in the wetlands, flows across our property, into Howell Creek, how much of this becomes preserved area by the City. Now, what I just heard, now is a Commissioner said, 'Well, the State comes back and it goes right back to their concern - the State comes back now and says, the water has to flow down through this area, therefore it becomes a protected area; and I understand. . ." Commissioner Blake: "... That where it. . ." Commissioner McLeod: "...But, and that's all fine, and I understand we've already designated part of that, but, again, this - ours needs to spell out, it is the 23 acres. We just all sat here and agreed to that." Manager McLemore: "Well, I think your dilemma is, that Howell Creek itself is already a protected area." Commissioner McLeod: "I have no problem with that. But, how does the water get from the artesian well, to Howell Creek? And does that whole area stretch, become a - something later that we come back and say, wait a minute; the State in its findings, in giving the Grant, we then must take this, and I think that is the concern of the Schrimshers. Now, right now, we have it as a park area; that's a green park area, right - cross over where that flow is, isn't that correct? And off the property, and I think we should define ourselves to that as exactly what we are talking about. I mean that was part of the reason they had no objection of us approving it. And, therefore, I think we should say that's what it is. I don't think I'm having any problem with that." Lr P k'" M " mayor arty a. ... ean... Commissioner McLeod: "I would suggest this - that this portion of the minutes reflecting this - they should be typed out." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 28 of 42 Mayor Partyka: "Specified." Deputy Mayor Gennell: "Verbatim." Mayor Partyka: "Okay, specified. All right, I think what were looking for is specifics, versus what the intent is, but I mean, in writing - verbally, and in writing. So, again, does that pose a problem, in terms of doing that, because, in fact, that's what we want. All right, from this Commission, is that what everybody wants here? Commissioner Miller? Commissioner Blake? Commissioner Martinez? Commissioner Gennell. . ." Commissioner Martinez: "How did we go back to an Item that's already been voted upon?" Mayor Partyka: "Well, he just brought it up from a clarification standpoint. It's been voted already, but, he's just taking it and trying to - for the sake of public fairness, and make it clear, and you always have that right - to do what this Commission wants. All right. Okay. Fine." Attorney Garganese: "Let the record reflect it." Mayor Partyka: "All right. Moving on.. .let's go to '1.'" .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE NEXT HEARD, AS DOCUMENTED. .:. .:. VI. REGULAR ADD-ON I. City Manager Requesting The Commission To Authorize The City Manager To Execute Second Mortgage Closing Documents For Wyman Fields Foundation. Manager McLemore stated, "We did provide in our contract with Wyman Fields, that we reserve the right to require a second mortgage, as an instrument for securing the City's investment; we are electing to do that. The documents have been prepared. We have a tentatively scheduled closing ofthe second mortgage for Wednesday afternoon." Ms. Candace Birle, of the Wyman Fields Foundation gave a short presentation on the progress of this project. Discussion ensued on the related loans; acquisitions; progress of the phases of construction; and color selections. Ms. Birle mentioned that they are planning to ask the Commission (at a later date) to change "Kristi Ann Court" to "Independence Way" and to also change "Rhoden Lane" to "Revere Run." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 29 of 42 Ms. Bide then spoke of some potential problems in such a redevelopment effort, and asked that if any tenants call the City, to "Please give us the courtesy of calling us, or our management company. We will take care of any tenants that are having any problems." Manager McLemore spoke of the importance of this project, thanked the Commission for their support and asked that they remain flexible through completion. Mayor Partyka and members of the Commission also mentioned how well this project is progressing, and how it will soon enhance this area of the City. Mayor Partyka then stated, "I'm looking for a Motion here to authorize the City Manager to execute the second mortgage." "SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. Manager McLemore left the dais at 10:25 p.m. VI. REGULAR B. Community Development Department - Code Enforcement Division Presents To The City Commission The Request Of Dr. M.F. Riddick To Park An Oversized Recreational Vehicle At His Home Located At 1553 Winter Springs Boulevard. Dr. M.F. Riddick showed some photographs of his property to the Commission. Manager McLemore returned to the dais at 10:27 p.m. Discussion ensued on how the vehicle is for the most part, "invisible;" and how Code Enforcement became involved. "MR. MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE GRANTING OF A WAIVER, FOR THIS RECREATIONAL VEHICLE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 30 of 42 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Dr. Riddick then asked, "As a procedural question, do I have to do this every year, or can we do this, just by. . ." Mayor Partyka, replied, "I think you could probably streamline it; so, you'll have to use your discretion on that one." .:. .:. AGENDA NOTE: MANAGER McLEMORE ADVISED THE COMMISSION THAT A GUEST WAS IN ATTENDANCE, FOR A SUBJECT THAT HE WAS GOING TO BRING UP UNDER HIS SEAT, AND HE INQUIRED AS TO WHETHER THIS TOPIC COULD BE DISCUSSED NOW. .:..:. "MAYOR, I'D LIKE TO MAKE A MOTION TO AMEND THE AGENDA TO HAVE AT THIS TIME, A SPECIAL ITEM BROUGHT UP BY THE CITY MANAGER." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner Blake left the dais at 10:33 p.m. Manager McLemore introduced this matter which related to Cahill Enterprises, and he welcomed Ms. Sandy Birling. Manager McLemore explained that, "We did agree some time back, to annex 29 acres of property into the City, on the basis that that property would be brought into the Town Center. We've been working with Sandy on development of a plan for intensive residential development, consistent with the Town Center rules and regulations." Commissioner Blake returned to the dais at 10:34 p.m. Manager McLemore inquired whether the Commission would "Find it in the best interest of the City, to delay submission of your 'Comp Plan' Amendment, about four weeks, MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 31 of42 until we can get this process - this particular proposal, the Town Center zoning, attached to the one that you've already approved, for submission to DCA." Discussion ensued on the related time line; what readings would be required; why the Agenda was not amended; if any penalties may apply; due dates; whether we received an approval for an extension (in writing); the schedule; and what would normally be transmitted. Further discussion on this planned project; the normal process of approval by the Department of Community Affairs (DCA); zoning; the impact on various property owners; and potential delays. "KEEPING IN MIND THAT WE'RE COMMITTED TO THESE PROPERTY OWNERS, THAT WE WOULD INCLUDE THEM IN THE TOWN CENTER, AND THEY WERE ANXIOUS TO BE IN IT, AND WE HAVE STRUGGLED WITH THIS FOR A LONG TIME NOW, I WOULD MOVE THAT WE DELAY TRANSMITTAL OF THE EXISTING APPROVED 'COMP PLAN' AMENDMENTS, LARGE SCALE 'COMP PLAN' AMENDMENT, FOR FOUR TO SIX WEEKS UNTIL THIS PROPERTY OWNER - SANDY BIRLING, UNTIL THEIR PROPERTY CAN BE PUT THROUGH THE PROCESS AND PACKAGED FOR AN ATTACHMENT TO THE OTHER 'COMP PLAN' AMENDMENT. THAT'S SUBJECT TO RECEIVING CONFIRMATION FROM 'DCA' THAT THIS WILL NOT CAUSE US ANY PENALTIES." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. "I'LL MOVE TO EXTEND THE MEETING FOR AN HOUR." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 32 of 42 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE NEXT DISCUSSED. .:..:. VI. REGULAR C. General Services Department Requests That The City Commission Select One Of Four Options To Improve The Performance Of The "Request- To-Speak" System In The City Commission Chambers. There was brief discussion on the preferred option. "I MOVE TO APPROVE RECOMMENDATION '3' ON ITEM 'c.'" MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. D. General Services Department Requests That The City Commission Select One Of Two Financial Advisory Firms To Perform Services On An As-Needed Basis Related To Bond Floats And Debt Issuance. Discussion ensued on the two firms who had submitted proposals; the status of Jim Lentz (Financial Advisor) and his current availability; along with the performance of Hanifen, Imhoff, Inc. Tape 3/Side A "I'D JUST LIKE TO MAKE A MOTION THAT WE ACCEPT THE STAFF RECOMMENDATION TO SELECT 'PUBLIC FINANCIAL MANAGEMENT,' TO PERFORM SERVICES ON AN AS-NEEDED BASIS, RELATED TO BOND FLOATS AND DEBT ISSUANCE." MOTION BY COMMISSIONER MARTINEZ SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8, 2000 Page 33 of 42 "MAYOR, I'D LIKE TO AMEND THE MOTION TO HANIFEN, IMHOFF, INC. AND TO NEGOTIATE THE SAME RATE, AS RECEIVED FROM 'PFM,' AS THE CITY'S NEW FINANCIAL ADVISOR." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. VOTE: (ON THE MAIN MOTION) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. E. City Manager Requests The City Commission Considers The Preparation Of An Amendment To The City Code To Provide That A Minor Change To PUD Documents Would Be Submitted To The City Commission For Approval REGARDING THIS ISSUE, COMMISSIONER MARTINEZ STATED, "I SPOKE WITH THE CITY MANAGER EARLIER THIS EVENING, AND HE HAD NO OBJECTION TO POSTPONING THIS ITEM UNTIL THE 24TH, BECAUSE I WOULD LIKE THE CITY MANAGER TO INVITE MR. BILL FERNANDEZ TO BE HERE, AND EXPLAIN CLEARLY, WHAT HIS INTENTION WAS WHEN HE BROUGHT THIS ISSUE UP BEFORE THE PLANNING AND ZONING BOARD, BECAUSE SOME OF THE THINGS I READ HERE, DO NOT CONCUR WITH WHAT MY WISHES ARE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. F. Public Works Department Requests That The Commission Approve An Upgraded Traffic Signalization (Mast Arm) Design For Use At The Intersections Of Winter Springs Boulevard And Tuskawilla Road, and Trotwood Boulevard and Tuskawilla Road. Mr. Lockcuff mentioned that "This Commission several weeks ago adopted an upgraded mast arm for the intersection of 434 and 419," and he inquired if the City Commission MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 34 of 42 wanted to consider that for the two signals to be installed by the County, "As part of the construction of Tuskawilla Road." Mr. Lockcuff suggested that the City would propose to the County that this be funded through the one-cent sales tax. Brief discussion followed. "I MOVE THAT WE APPROVE THE UPGRADED TRAFFIC SIGNALIZATION FOR THE INTERSECTION OF WINTER SPRINGS BOULEVARD AND TUSKA WILLA ROAD; AND TROTWOOD BOULEVARD AND TUSCA WILLA ROAD, CONTINGENT UPON THE USE OF THE CITY'S UNDESIGNATED PORTION OF THE ONE-CENT SALES TAX PROGRAM." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. G. City Clerk Requesting The City Commission Consider Whether Partial Or Complete Commission Meeting Agenda Packets Should Be Given, Without Charge, To Upcoming Election Candidates, Upon Request. Brief discussion ensued on whether Agenda Packets should be provided (at no charge); and whether Agenda Packets be provided (at no charge) during the Election "Qualifying" period. DEPUTY MAYOR GENNELL STATED, "MY DIRECTION ON THAT, IN THE FORM OF A MOTION IS, NO - THAT WE SHOULD NOT MAKE AGENDA PACKETS AVAILABLE, WITHOUT CHARGE, TO ANYBODY. AND SECONDLY, I DON'T KNOW THAT IF THERE WERE - SAY A DOZEN, THAT'S REASONABLE, YOU COULD HAVE A DOZEN CANDIDATES FOR THE THREE SEATS THAT ARE UP, THAT WE ALREADY ASK DEVELOPERS TO BRING IN TEN OR FIFTEEN COPIES OF BLUEPRINTS AND EVERYTHING - TO ASK THEM TO BRING IN THOSE KIND OF COPIES, FOR SOMETHING THAT IS ALREADY AVAILABLE IN THE LOBBY FOR EVERYONE TO LOOK AT, ALL YEAR 'ROUN][), FOR EVERY MEETING - I THINK IS SUFFICIENT. AND I WOULD SAY THAT THE PACKETS ARE AVAILABLE TO CANDIDATES, ON THE SAME BASIS THEY'RE AVAILABLE TO ANY OTHER MEMBER OF THE PUBLIC, AND I SAY THAT WITHOUT ANY MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8,2000 Page 35 of 42 MALICE. IT'S JUST THE WAY IT HAS ALWAYS BEEN DONE. NOBODY HAS EVER SUFFERED FROM IT. YOU CAN OBTAIN ANY INFORMATION YOU NEED FROM THE CITY, AND THE INFORMATION IS AVAILABLE, THERE AND NOW, AND IT WILL BE AVAILABLE ON THE WEBSITE, AND EVERYTHING ELSE. SO, I JUST DON'T SEE GOING TO THIS STAGE. I'M GOING TO MAKE A MOTION THAT WE DO NOT CONSIDER - I MOVE THAT WE DO NOT CONSIDER ITEM 'G.' MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. IT WAS CLARIFIED THAT "AYE IS TO DENY IT." VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. Mayor Partyka called a break at 11:20 p.m. The Meeting was called back to order at 11:30 p.m. Discussion ensued on whether a time restriction on further discussion was required. Deputy Mayor Gennell stated, "I had a Motion earlier to extend for an hour, so we need to do another Motion..." Commissioner Martinez added, "We've still got a half hour.. ." Commissioner Miller added, "Can we do it right now, just make it - 12:30 p.m." Deputy Mayor Gennell also said, "12:30 p.m." Mayor Partyka said, "I think consensus would be okay at this point. All right." Brief discussion followed. Mayor Partyka then confirmed, "All right, one hour." .:..:. AGENDA NOTE: REGULAR AGENDA ITEM "A" WAS AGAIN DISCUSSED WITH THE COMMISSION. .:..:. Discussion followed regarding the map had always been for "illustrative purposes" only; the acreage of Park #8; and whether that number would change. Discussion ensued on possibly "redesigning Magnolia Square;" the survey; the size of Wetlands Park and Magnolia Park; aesthetics; expenditures spent and related acreages; and the surveyed alignment. Commissioner Martinez left the dais at 11 :49 p.m. The size of Park #8 was further discussed, along with the designated trail entrance; and Magnolia Park. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8, 2000 Page 36 of 42 Commissioner Martinez returned to the dais at 11:51 p.m. Further discussion ensued on park acreage; obtaining other opinions; the concern of the Commission with giving up some of Wetland Park; uplands; Magnolia Park; possible reductions involving primarily, "uplands;" whether the road can be adjusted any further; making a deal; the discrepancy in property amounts; what an acre of land might be worth; and that the Commission was not in favor of giving away tax payer money. Discussion followed on possibly modifying the configuration of the. 79 acres; and resolving the issue that Edge Drive is located on State property;" that Magnolia Park remain at .79 acres; Spine Road; and that the survey should be available tomorrow. Tape 3/Side B The discrepancy with Item "K" (on page 3 of 22) was then discussed; along with reconfiguring Magnolia Square; the location of Spine Road; and the preference to not give up "The wetlands, on the east side." Further negotiations continued. Commissioner Miller left the dais at 12:24 a.m. Commissioner McLeod said to Mr. Schrimsher, "We're willing to give some of this up in here Mr. Schrimsher, to bring this road around, bring it closer to - whether it be 21, 22 acres. Are you willing to give up that little sliver of that parcel to make sure Edge Drive falls down through there, toward Magnolia Park - so that does not become an issue to the City, nor anybody else later?" Commissioner McLeod further added, "I think that Edge Drive is a real issue of being able to set that road on the state right-of-way, and I think that becomes a real issue for the City and 1'd be willing to do some moving of Wetland Park, Magnolia Park - to make sure that we have Edge Drive." Commissioner Miller returned to the dais at 12:29 a.m. COMMISSIONER MARTINEZ STATED, "POINT OF ORDER. POINT OF ORDER. MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. "MOTION TO EXTEND FOR THIRTY MINUTES." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 37 of 42 VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. Manager McLemore stated, "The purpose of Magnolia Park is going to be substantially reduced, if it does not have 'traffic circulation.'" Discussion. Commissioner McLeod suggested to Manager McLemore, that if this matter is not resolved this evening, then in a future packet, provide the Commission with "The sheets that spell out the dollars and cents for these properties, because that is part of the cost that we have gone through for this infrastructure - of negotiations," as 'dollars and cents' were attached to various acreages. Commissioner McLeod added, "I just want to see what those numbers are - we gave that up for the structure, and that was part of the deal, and I think we need to take a look at that." Deputy Mayor Gennell suggested using the real estate terminology of "more or less;" and said, "Why don't you just insert in there, that you will convey the Wetland Park - 26 point, whatever it is, 'more or less.'" Discussion ensued on flexibility; and using "more or less," as an alternative to "approximate;" and to possibly "define" it (in terms of a percentage). Commissioner McLeod suggested using three percent (3%) or four (4%) percent. Members of the Commission, Manager McLemore, and Mr. Grindstaff further discussed the location of Edge Drive, and where the negotiations have stalled. Deputy Mayor Gennell asked Mr. Grindstaff about their concerns, and Mr. Grindstaff stated, "We have a problem with the acreage calculations, in light of the mistake pertaining to Edge Drive, and that portion of the Trail." Attorney Garganese left the dais at 12:57 a.m. Manager McLemore recommended that further negotiations be made with Staff. Attorney Garganese returned to the dais at 12:58 p.m. DEPUTY MAYOR GENNELL STATED, "I MAKE A MOTION THAT..." Discussion. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8,2000 Page 38 of 42 COMMISSIONER MARTINEZ STATED, "MAYOR, POINT OF ORDER. I DON'T THINK WE CAN CONTINUE THIS UNTIL 3:30, BACK AND FORTH..." COMMISSIONER MARTINEZ THEN SAID, "IT'S TIME TO ADJOURN, THE TIME HAS EXPIRED." MAYOR PARTYKA STATED, "IS THERE A MOTION TO ADJOURN?" COMMISSIONER MARTINEZ STATED, "YES, THAT IS WHAT I SAID." COMMISSIONER McLEOD STATED, "MOTION TO EXTEND." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. MAYOR PARTYKA CLARIFIED, "SO, THERE IS A MOTION TO ADJOURN. IS THERE A SECOND TO THAT?" MOTION DIED FOR LACK OF A SECOND. MAYOR PARTYKA THEN STATED, "IS THERE A MOTION TO EXTEND?" "YES - FOR A HALF HOUR." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner Martinez departed at 1:04 a.m. "I MOVE THAT WE INSTRUCT THE STAFF TO BRING IT BACK TO US IN ITS FINAL FORM, IN TWO WEEKS, EXPLORING ALL THE ISSUES, AND THE REPRESENTATIONS THAT HAVE BEEN MADE HERE TONIGHT." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. "MAYOR, I WOULD LIKE TO MAKE A MOTION TO FIX THE SCHRIMSHER GROUPS' LAND DONATION FOR MAGNOLIA PARK AT NOT LESS THAN .79 ACRES, AND TO FIX THE DONATION OF THE AREA OF WETLAND PARK, FROM THE SCHRIMSHER ORGANIZATION TO THE CITY AT 23.36 ACRES, MORE OR LESS, WITH A MAXIMUM VARIANCE OF FOUR PERCENT (4%); AND TO INSTRUCT THE CITY MANAGER TO MEET WITH THE SCHRIMSHER'S AND THE CITY'S CONSULTANT, TO SUGGEST MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 39 of 42 METHODS TO ACCOMPLISH THE SIZE ADJUSTMENT OF MAGNOLIA PARK. FURTHER, AS PART OF THE AGREEMENT, THE CITY AGREES TO ASSIST IN EVERY WAY POSSIBLE - WITH THE ATTAINING OF PERMISSION FROM THE STATE FOR THE APPROPRIATE USAGE OF THE TRAIL PROPERTY, THAT CURRENTLY HAS EDGE DRIVE DRAWN ON IT - THAT IS DUE SOUTH OF MAGNOLIA PARK." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE STATED, "FOR CLARIFICATION, AND ALL I AM SUGGESTING IS THAT - I THINK WE AT THE CITY UNDERSTAND THAT WE NEED TO HAVE SOME SORT OF CIRCULATION ELEMENT, THAT IS ON THE WESTERN BOUNDARY OF WETLAND P ARK, SOUTH OF MAGNOLIA PARK, AND I THINK THAT WE AT THE CITY UNDERSTAND THAT CURRENTLY, THE ROAD - EDGE ROAD THAT IS DRAWN IN THE AREA WHERE THE TRAIL RIGHT-OF-WAY CURRENTLY EXISTS. AND, WE ALSO UNDERSTAND THAT THE STATE DOES NOT ALLOW ROADS TO BE PLACED ON PROPERTY, SUCH AS THAT. I AM SUGGESTING THAT WE AT THE CITY WOULD ASSIST THE SCHRIMSHER ORGANIZATION, TO THE GREATEST EXTENT POSSIBLE, IN GETTING PERMISSION FROM THE STATE, WHICHEVER BODY IT MAY BE, IN ORDER TO GET PERMISSION TO HAVE A ROADWAY, AS IS CURRENTL Y DRAWN ON THAT PROPERTY." MAYOR PARTYKA ASKED ATTORNEY GARGANESE TO "FRAME THIS MOTION, IN A SIMPLER WAY." ATTORNEY GARGANESE STATED "THAT BASICALLY THERE ARE FOUR COMPONENTS TO THE MOTION - MAGNOLIA PARK, NOT LESS THAN. 79 ACRES; WETLAND PARK, 23.36 ACRES, MORE OR LESS, WITH A FOUR PERCENT MAXIMUM V ARIANCE; THE CITY MANAGER TO MEET WITH SCHRIMSHER AND CONSULTANT TO RECONFIGURE MAGNOLIA PARK; AND, ASSIST THE SCHRIMSHER ORGANIZATION TO THE GREATEST EXTENT POSSIBLE TO HAVE EDGE DRIVE BUILT ON - THE FORMER CSX RAILROAD - THE EASEMENT - RIGHT-OF-WAY SOUTH OF MAGNOLIA P ARK, AND EAST OF THE PAVED PORTION OF THE TRAIL." DEPUTY MAYOR GENNELL ASKED, "DOES YOUR MOTION INCLUDE BRINGING IT BACK IN ITS FINAL FORM, IN TWO WEEKS?" COMMISSIONER BLAKE REPLIED, "I DIDN'T SPECIFICALLY SAY THAT- BUT, THAT'S UNDERSTOOD. THEY HAVE TO BRING THE AGREEMENT BACK TO US, FOR APPROVAL." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8. 2000 Page 40 of 42 SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. DEPUTY MAYOR GENNELL STATED, "I'LL MAKE AN AMENDMENT, THAT WE INCLUDE OTHER ISSUES IN THIS MOTION. THAT'S MY MOTION." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. Manager McLemore said, "I think what we need is some indication from Schrimsher that - on IV d) - the language, the issue that we brought up and the language that we'd offer, relative to the mainstream. We have a problem with that suggested language." Manager McLemore added "We would make a good faith effort to get it done in two years." Mr. Grindstaff stated, "Diligently." Discussion. Mayor Partyka stated, "From a legal standpoint, Mr. Garganese, any problem with this suggestion - keeping the Agricultural classification?" Attorney Garganese stated, "No, as long as it is clear that they are going to be winding down the Agricultural use of the property." Deputy Mayor Gennell then stated, "Mr. Mayor, I'll include that as an Amendment - that the City will not oppose the Agricultural designation." Tape 4/Side A Manager McLemore then said, "And the other one is we need to work out some language, and you agreed to us working out the language that solves the problem we raised relative to Park #5. Mr. Grindstaff said, "Oh - you're talking about the roadways?" Manager McLemore then said, "They can't be construed that those road ways are reducing the acreage of Park #5." Discussion. Mr. Grindstaff suggested, "As we're working with Victor, on Magnolia Park, let's find out if that's got a little road on the North side of it - and West side of it." Mr. Grindstaff added, "Because if it doesn't, this drawing - Exhibit 'A' is inconsistent with page 17; and then stated, "We acknowledge that no part of the blue street, or the pink trail is intended to be included in #4 or #5 acreage calculations; but if there is one of those little perimeter roads, around #5, as there is around #4 - should have been included. " Mayor Partyka stated, "Commissioner, are you willing to add that to the Amendment?" Deputy Mayor Gennell stated, "Yes. Yes." MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MA Y 8, 2000 Page 41 of42 MAYOR PARTYKA THEN STATED, "THERE IS AN AMENDMENT WITH THE KEY POINTS ON THE AMENDMENT. THAT IS AS COMMISSIONER GENNELL STATED." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION) DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS NEXT BRIEFLY DISCUSSED. .:..:. V. PUBLIC HEARINGS A. Community Development Department Requests The Commission Consider A Fourth Reading Of Ordinance 707 Adopting The Proposed Town Center District Boundary And Town Center District Code. "MAYOR, I WOULD LIKE TO MAKE A MOTION TO POSTPONE PUBLIC HEARINGS ITEM 'A' ON THE TOWN CENTER CODE UNTIL THE NEXT MEETING - ON MAY 22, 2000, 6:30 P.M." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 1 :25 a.m. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - MAY 8, 2000 Page 42 of 42 .:. .:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF MAY 8, 2000. .:..:. VII. REPORTS A. City Attorney - Anthony A. Garganese, Esquire B. City Manager - Ronald W. McLemore C. City Clerk - Andrea Lorenzo-Luaces D. Commission Seat III - Edward Martinez, Jr. E. Commission Seat IV - Cindy Gennell F. Commission Seat V - David W. McLeod G. Commission Seat I - Robert S. Miller H. Commission Seat II - Michael S. Blake I. Office of the Mayor - Paul P. Partyka Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk Debbie Gillespie City Clerk's Office ......... /,,1'; __ - ~ I.. -~~; -~;:-: APPROVE!).: - -, ~ - - - - -, -:- ~~. - -'" NOTE: These minutes were approved at the July 10 ,2000 City Commission Meeting.