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HomeMy WebLinkAbout_2000 06 12 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JUNE 12, 2000 I. CALL TO ORDER The Regular Meeting of June 12, 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 D~vid W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present Deputy City Clerk, Tania Haas, present A moment of silent prayer was followed by the Pledge of Allegiance. Agenda Changes: The following change was suggested, that Regular Agenda Item "B" would be moved ahead of the Public Hearings Agenda Item "B". Pres en tations Mayor Paul P.' Partyka introduced Mr. Bill Manooch, President of the Winter Springs Little League, and Mr. Lee Railey, Team Manager who along with the district fourteen champions, Ladies Seminoles Softball Team presented a trophy and two certified Little League banners to the City. Mr. Railey thanked Winter Springs for the "Great facilities" and a "Terrific City Recreation Staff." Mr. Railey also presented a "Welcome" Banner to be displayed at Central Winds Park that recognizes Central Winds Park as a "National Field of Excellence" Award Winner. Mr. Chuck Pula, Parks and Recreation Department Director stated "It is a pleasure working with the Little League and all of the youth organizations and I just look forward to continuing to improve our fields and facilities to make them the finest in the nation." Mr. Railey also expressed his appreciation to the Commission and the Parks and Recreation Department for considering to add the batting and pitching facilities. Mayor Partyka congratulated all the team members and thanked the parents for their attendance; and Deputy Mayor Cindy Gennell noted that these accomplishments should be recognized in the City's newsletter, and asked that the coaches provide us with the names and accomplishments of their teams. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12.2000 Page 2 OF 33 II. PUBLIC INPUT Mr. Gene Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: spoke on behalf of the "People For Good Government" and two letters that have been received in reference to the Tuscawilla Lighting and Beautification District. The letters were dated March 17th and April 4th. Mr. Lein mentioned that they have "Received answers from the 'People For Good Government,' but they have yet to receive an answer from the City and they have yet to receive an answer from the Tuscawilla Homeowner's Association." Mayor Partyka asked for a copy of the letters and stated that "We will pass those on to the City Manager and see what the status of that is." Commissioner Edward Martinez, Jr. inquired about "What about the directive of this Commission that you addressed, that very question and sent some answers out to the residents of the Tuscawilla PUD, concerning the variation that Mr. Lein has brought up?" Commissioner Martinez asked for an answer to this. Mr. Paul Leckinger, 1304 Winter Springs Boulevard, Winter Springs, Florida: as a candidate for District Three (3) spoke on individuals serving on two boards; a possible violation of the Code of Ethics; conflicts of interest; and inquired to the City Attorney as to "How are you going to police this, to eliminate something if this nature, when you've got a conflict of response?" Mr. Anthony A. Garganese, City Attorney responded that "The question regarding Mr. Martinez' ability to serve on a Homeowner's Association was addressed by the Florida Ethics Commission in that, and the Florida Ethics Commission Staff Attorney indicated that it would not be a conflict of interest, under Florida Ethic Rules for Public Officials." Further discussion ensued regarding serving on multiple committees; there being no conflicts of interest; obligations to the City and the people of Winter Springs; serving on Homeowner's Associations; and where community leaders often come from. Mr. Bob Williams, 1039 Elk Court North, Winter Springs, Florida: spoke on the City's Arbor Ordinance; the removal of trees from his lot; an additional sixteen (16) trees that he has added to his lot; the process of obtaining an Arbor Permit; and an inspection by Mr. Mike Mingea, Environmental Inspector with the City of Winter Springs. Mr. Williams asked for the Commission's consideration in waiving the requirement that he plant another tree (or large shrub) or contribute to a "Tree Bank." Ms. Jimette Cook, Code Enforcement Manager, informed the Members of the Commission that Mr. Williams did apply for the Arbor permit to remove a tree; and discussed the Code as it relates to dead and evasive trees; replacement requirements; and the applicant's option of contributing to a tree bank. Mayor Partyka stated "We'll take it under advisement, then let the City Manager handle it." Discussion continued on consistency with administrative policy; special CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 3 OF 33 considerations; costs; the tree bank; tree bank fees; credits for existing trees; trees that adversely impact properties; and "judgement calls." Mayor Partyka polled the Commission to see if they would be in favor of looking into a possible compromise. After further discussions, Mayor Partyka explained that "At least three people said review it;" and that you need to look at it - and see what needs to be done." Mayor Partyka further said that "Three of the Commissioners have basically said, that if that's a flaw in it, let's do something about it." Manager McLemore replied, "Be happy to look at it." Further discussion continued on possibly considering a lesser fee for residential properties; and size requirements. Deputy Mayor Gennell added, "I think they could look to surrounding areas and see how they addressed specific area." Mr. Ken Rahuba, 206 Wade Street, Winter Springs, Florida: spoke on his oppositien to the requested land use change to the property located at 670 East State Road 434 as identified under Regular Agenda Item "C;" his opposition to the proposed Respite Center for the rest and recovery of ill or injured homeless people located at the Winter Springs Industrial Park (Regular Agenda Item "A-I;" and Mr. Rahuba sought clarification as to where the funds for the Community Development Block Grant (CDBG) were coming from, as explained under Regular Agenda Item "A-2." Deputy Mayor Gennell added, "Mr. Mayor, can I make a suggestion? Just for future reference, not necessarily for tonight, and I think it's good to make this when we're not in the heat of something - but, because you get that handful of slips - I think if you use your judgement - if you get several slips on something that is on the regular agenda, it might be better to ask if we want to put it under 'Public Hearing' and that would then allow those people to speak in that limited situation." Mayor Partyka then stated, Mr. Garganese. Can we do that? I mean - to change the status from a Regular Agenda Item to a Public Hearing Agenda Item? - Can we do that?" Attorney Garganese responded, "Technically no - but that this Commission always has the prerogative to hold a limited public hearing on a particular matter, under your rules and procedures - ifthe majority of the Commission desires to do that." Ms. Claire Testa, 516 David Street; Winter Springs, Florida: spoke on her opposition to the requested land use change to the property located at 670 East State Road 434 and her concern with "open containers" on this property, and that the code should not be changed, regarding Regular Agenda Item "C". Ms. Testa submitted photographs for the Members of the Commission to review. Mr. Mike Sprouse, 660 East Highway 434, Winter Springs, Florida: spoke on behalf of Trustee of the property adjacent to 670 East State Road 434 and their concerns with open CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 4 OF 33 containers; rezoning; zoning classifications; and their opposition to the requested land use change to the property at 670 East State Road 434 (Regular Agenda Item "C"). Mayor Partyka closed the "Public Input" portion of the meeting. III. CONSENT CONSENT A. Utility/Public Works Department Requesting Approval Of A Design Modification For The Moss Road Improvements. Commissioner Blake inquired as to the differential in the cost, the $300,000.00, and what happens to that money. Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director confirmed that the funds would be available to be used in other projects that are transportation related. CONSENT B. Office Of The Mayor Resolution Number 2000-14, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Anna Fernandez For Her Service On The Oak Forest Wall And Beautification District Advisory Committee. CONSENT C. Office Of The City Clerk Approval Of The Minutes Of The Regular Meeting Of May 8, 2000. Commissioner Martinez stated "The Minutes of May 8, 2000, page 28 of 42, Regular Agenda Item'!, Add On, continues on page 29 of 42 - and at the end of the discussion of this matter there is no disposition shown here - whether it was postponed or voted up or down, or anything like that. Usually we have a motion to do one or the other, and I recall that we did that - because it had to do with the Wyman Fields project - there was a Motion to approve the execution of this mortgage." Mayor Partyka requested the City Clerk's Office look into this and verify if there is a sentence missing in the minutes. CONSENT D. Office Of The City Clerk Approval Of The Minutes Of The Special Meeting Of May 10, 2000. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12.2000 Page 5 OF 33 CONSENT E. Office Of The City Clerk Approval Of The Minutes Of The Regular Meeting Of May 22, 2000. Commissioner Martinez stated "On the May 22, 2000 Minutes, page 6 of 31 Consent Agenda Item 'A', it appears to have missed the disposition on the bottom." Commissioner Martinez added, and then "Item 'B' - there is a disposition there, but that disposition applies to Item' A' as I recall correctly, if my memory serves me right - that vote belongs to Item 'A;' because I was the only one that voted "Nay," in so far as the deceleration lane at the westernmost commercial entry and State Road 434. And this appears to be - Item 'B' appears to contain the vote for Item 'A' and Item 'B' has no vote and that was also approved unanimously." Mayor Partyka requested that the City Clerk's Office review these minutes. "I AM JUST GOING TO SUGGEST THAT WE JUST POSTPONE APPROVING THESE TWO MINUTES UNTIL THEY GET REVIEWED AND BROUGHT BACK IN THEIR PROPER FORM RATHER THAN PASS THEM HALFWAY COMPLETE THIS WAY." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka stated "Then, going on to the rest of the Consent Agenda Items - that's 'A', 'B', and 'D." Is there a Motion to approve?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka read Resolution Number 2000-14, Resolution Number 2000-14, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Anna CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2000 Page 6 OF 33 Fernandez For Her Service On The Oak Forest Wall And Beautification District Advisory Committee. 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. IV. INFORMATIONAL INFORMATIONAL A. City Manager Recommends The Mayor And Commission Review The Commission On Ethics Finding That A Violation Of The Code Of Ethics For Public Officers And Employees Is Not Violated By Virtue Of Commissioner Martinez Serving On Both The City Commission And The Tuscawilla Homeowner's Association. Mayor Partyka stated" I am looking for a Motion to approve - this is 'A' - discussion on the Ethics." "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. Commissioner Martinez stated, "I would like to state for the record that anyone here interested in learning what the State Ethics Commission on the supposed violation of Code of Ethics is - can pick up Agenda Item 'A' Informational, and that will have all the information they need on it." VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 7 OF 33 v. PUBLIC HEARINGS PUBLIC HEARINGS A. General Services Department Requests That The City Commission Adopt On Second Reading Ordinance 2000-15, Relating To The City Purchasing Policies And Procedures. Attorney Garganese read Ordinance 2000-15 by 'Title' only. Mayor Partyka opened the "Public Input" portion of this agenda item. No one spoke. Mayor Partyka closed the "Public Input" portion of this agenda item. "I WOULD JUST LIKE TO SEE THE ADDITION OF A SECTION IN HERE REQUIRING AN ANNUAL REPORT TO THE COMMISSION ON THIS. WE DID THIS BEFORE WITH EMERGENCY TRANSPORT WHEN WE WENT INTO THAT AND I THINK WITH THESE KINDS OF EXPENDITURES BEING MADE BY CREDIT CARDS BY EMPLOYEES, I THINK THE COMMISSION DESERVES AT LEAST SOME KIND OF ANNUAL EVALUATION OF HOW THE PROGRAM IS PROCEEDING AND IF ANY PROBLEMS OCCUR WITH IT." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION ENSUED ON THIS BEING AN "ANNUAL REVIEW." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mr. Gene DeMarie, General Services Director inquired, "Did that amend the Ordinance?" Attorney Garganese clarified, "The credit card purchases." Attorney Garganese then stated, "The City still has to develop the Purchasing - Purchase Card Guidelines and Procedures. In those Guidelines and Procedures, you can allow for that annual review. That would not amend this Ordinance." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 8 OF 33 .:. .:. AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "c" WAS NEXT DISCUSSED BY THE COMMISSION. .:..:. PUBLIC HEARINGS C. Community Development Department - Code Enforcement Division Requests The City Commission Holds A Second Reading To Adopt Ordinance Number 2000-17 Dealing With Nonconforming Signs In The State Road 434 Corridor District. Tape I IS ide B Mayor Partyka stated, "I do need a Motion if we want to act on this." "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: DISCUSSED. .:. .:. REGULAR AGENDA ITEM "B" WAS NEXT VI. REGULAR REGULAR B. 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. Manager McLemore advised the Commission that "With the new draft, a new issue has come up in the last day or so, relative the size of Magnolia Park. You spent at least an hour or so, on that issue, at your last meeting, where you concluded that the park will not be less than .64 acres." Manager McLemore added, "The owner, Mr. Schrimsher is now requesting that that be moved down to .5 acres," and this matter needs to be resolved by the Commission. Mr. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: Discussed the acreage differences of Magnolia Park; discussing this with Victor Dover; the minimum acreage requirement for Magnolia Park; differences in the minimum being reallocated to other parks; dimensions versus acreage; acreage requirements; and incorporating or not incorporating a portion of the Cross Seminole Trail. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 9 OF 33 Discussion continued on a conference cal1 with Victor Dover; and the City stil1 obtaining .79 acres. Regarding the conference cal1 with Victor Dover, Attorney Garganese stated "I did attend that telephone conference, and Mr. Dover's words were that it was legitimate that the portion of Magnolia Park conveyed by Mr. Schrimsher could be .50 acres providing the State al10wed the City to use that portion of the right-of-way that is adjacent to Magnolia. However, if the City could not get the use of that State right-of-way for Magnolia Park then he said .64 acres would be required to be conveyed from Mr. Schrimsher. There was some discussion about trying to preserve that triangle portion north of Magnolia Park for development because Mr. Dover felt that it was important to have buildings located just north of Magnolia Park." . Discussion continued on acreage differences for Magnolia Park; direction from the Commission; the .64 acreage; the .79 acreage; spreading the difference elsewhere; and the final decision on Wetlands Park. Commissioner Mil1er stated, "I would just like to go on record that I was never real1y happy with Magnolia Park being reduced below .79. I understand what Victor Dover said right in the very beginning and that was that this was going to serve as a focal point for the City. We are already approaching 40,000 people, and I think by the time we annex some more property we could go to 50,000 - 60,000 in the next decade. When we agreed as Commissioner McLeod pointed out at the last meeting, the .64 - that was already a twenty percent (20%) reduction below what I thought probably a minimal park size. .50 represents I think a forty percent (40%) reduction. I understand your point about being made up by the City getting access to a right-of-way, but that's not my interest. My interest would be further enhanced - or I would be much more pleased if we were able to do that and make it into a one acre or 1.2 acres. I think that's what it really ought to be as opposed to going below .79." Commissioner Miller further stated, 'Three weeks ago - and at some point Mr. Schrimsher said we have an agreement and that was the end of it. I do not recall as Commissioner McLeod has pointed out, anybody saying that we were going to go back to anybody and discuss this further. So I think it's .64 at Magnolia Park. That's where I think it should lay, right now, or if you want to make it .79 and we can get something from the State - make it one acre - I will support you one hundred percent (100%). But, I'm not really in favor of going with another change to what we agreed on last time." Commissioner Martinez left the dais at 7:49 p.m. Discussion continued on the size of Magnolia Park; discussions with Victor Dover; what was actually agreed to at the May 22, 2000 Commission Meeting; and whether the tapes from that meeting should be reviewed, before going further. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 10 OF 33 Commissioner Martinez returned to the dais at 7:51 p.m. Mayor Partyka called a break at 7:54 p.m. (To review the May 22, 2000 Commission Meeting tapes, and to further review the facts and to make a decision on what was discussed.) Mayor Partyka called the meeting back to order at 8:20 p.m. Mayor Partyka briefly summarized what was contained in the May 22, 2000 Commission Meeting tape and stated, "It went from. 79 to .64 - that was the Motion. Then, the other piece on the Victor Dover issue - he was requested to talk to Victor Dover about putting the excess land somewhere amongst the parks. And as best as I can determine, the minimum number was .64 and the discussion with Victor Dover was supposed to be the remaining .15." Discussion continued on what was contained in the May 22, 2000 Commission Meeting tape; the acreage difference; discussions with Victor Dover; the distribution of excess land; the minimum number for Magnolia Park being .64 acres; and the remaining .15 acres. Mr. Grindstaff read a portion of the verbatim transcripts - page 36, Line 12 that related to the acreage difference for Magnolia Park. Commissioner Blake discussed discussions with Victor Dover; "Many things being said to bring us to a final agreement"; the differences being placed in other parks; moveable acres; past negotiations; Wetland Park; minimum acres; what was agreed to; and "That there would be no new issues for tonight." Mayor Partyka instructed the Deputy City Clerk to play the portions of the May 22, 2000 Commission Meeting tape that directly related to the acreage discrepancy issue. Two portions of the tapes were played for those in attendance. Discussion ensued regarding the Motion( s) made at the May 22, 2000 meeting. Deputy Mayor Gennell requested clarification as to Exhibit 'D' on page 3 "m)" on the Agreement; page 5 which refers to perpetual easements for roadways; and that page 5 "b)," and "c)" does not reference any agreements with the County regarding the Trail. Discussion continued on the City seeking appropriate approvals; and a Local Agreement with the County. Deputy Mayor Gennell discussed page 12 of the Agreement - specifically St. Johns Landing Subdivision; State and County reviewing encroachment issues on the Trail; State and County limiting access to "Neighborhood access points"; the gate issue at St. Johns Landing; page 13 item "XVI Connection to Tuskawilla Road." and the language of "City Code" used as opposed to "Town Center Code"; page 19 "Billboard." and permitting CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12.2000 Page II OF 33 requirements; page 20 and Schrimsher's retaining an agricultural designation; and tree harvesting. Tape 2/Side A Further discussion ensued on Lake Trail Park; fairness; and "No more changes." It was agreed that Mr. Grindstaff and Mr. Schrimsher should confer together for a few minutes. "I'D LIKE TO TABLE IT - TO LATER IN THIS MEETING." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS NEXT DISCUSSED. .:. .:. V. PUBLIC HEARINGS PUBLIC HEARINGS C. Community Development Department - Code Enforcement Division Requests The City Commission Holds A Second Reading To Adopt Ordinance Number 2000-17 Dealing With Nonconforming Signs In The State Road 434 Corridor District. Attorney Garganese read Ordinance Number 2000-17 by "Title" only. Mayor Partyka opened the "Public Input" portion of this agenda item. No one spoke. Mayor Partyka closed the "Public Input" portion of this agenda item. .0 Commissioner Martinez asked about a "Renewal Schedule of Fees." Manager McLemore replied, "If we're asked to look into it, we'll see what authority we have under the Statutes, and what we can do, and then we'll bring it back to the Commission, - and see if they want to amend." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12. 2000 Page 12 OF 33 "MOTION TO ADOPT ORDINANCE NUMBER 2000-17." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. VI. REGULAR REGULAR A-I. City Manager Requesting The Commission To Determine If It Desires To Reconsider Regular Agenda Item D Of May 22, 2000 Relative To Adoption Of A Resolution Supporting The Use Of Community Development Block Grant (CDBG) Funds To Extend Sanitary Sewer Service Into Winter Springs Industrial Park For A Planned Respite Center For Rest And Recovery Of III Or Injured Homeless People. There was brief discussion on whether to hear this Agenda Item later on in the meeting or not to reconsider the item at all. "I MAKE A MOTION THAT WE RECONSIDER." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER WITHDREW HIS SECOND. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE MOTION DID NOT CARRY. Mayor Partyka clarified, "Motion fails for lack of a majority vote. This will not be reconsidered - therefore, A-2. goes away." .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS NOT DISCUSSED PER THE ABOVE VOTE. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 13 OF 33 REGULAR A-2. City Manager Reconsideration Of Resolution Number 2000-11 As Amended Asking Seminole County To Allocate Community Development Block Grant (CDBG) Funds To Extend Sewer Service Into Winter Springs Industrial Park For A Planned Respite Center For Rest And Recovery Of III Or Injured Homeless People. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT DISCUSSED, AS DOCUMENTED. .:. .:. REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of Mr. Richard Todd For A Land Use Change To The Property At 670 East State Road 434. Ms. Jimette Cook, Code Enforcement Manager spoke briefly about this item. Mr. Richard Todd discussed his investment in this property; the storage of pest control products; zoning classifications; the active ingredients in pest control products sold at "Walgreens"; modifications necessary to comply with Code Enforcement; the "IPM" (Integrated Pest Management) approach; signs; inventory purchased on a month to month basis; professional pest control businesses; that he is unable to store products elsewhere; and appropriate compensation. Discussion ensued regarding active ingredients; volatile chemicals; zomng classifications; land use issues; impact to surrounding properties; industrial zonIng classifications; storage of chemicals; access to chemicals; the occupational license renewal process; health and welfare of citizens; possible fire hazards; what protection was in place in case of a fire; whether Mr. Todd had obtained a letter from the EP A (Environmental Protection Agency); and occupational license renewal procedures. Attorney Garganese discussed the "Administrative mistake that has occurred;" the current Zoning Ordinance; enforcement of the Ordinance; equitable remedies; and compensation. "Mayor, What I would suggest is two things - that we allow Mr. Todd to continue to operate the pest control business as a non-conforming use throughout the remainder of the current occupational license, which expires the end of September of the year 2000; provided that during that time frame, he does not store trucks on the property, or chemicals on the property; and that he will submit to an inspection by the code enforcement officer at any time during normal business hours. That's the Motion that I would make." After further discussion, Commissioner Blake stated, "Mayor, it wasn't necessarily a Motion. It was an idea that I was throwing out for the Commission to discuss." Further discussion. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 14 OF 33 "MAYOR, I MAKE A MOTION THAT WE ALLOW A NON-CONFORMING USE THROUGHOUT THE CURRENT OCCUPATIONAL LICENSE PERIOD WHICH IS THE - END OF SEPTEMBER THE YEAR 2000; AND NOT PAST THAT TIME, PROVIDED THAT TRUCKS ARE NOT STORED ON THE PROPERTY AND CHEMICALS ARE NOT STORED ON THE PROPERTY; AND THAT THE PROPERTY IS AVAILABLE FOR INSPECTION BY THE CODE ENFORCEMENT OFFICER DURING NORMAL BUSINESS HOURS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. After brief discussion on non conforming uses and the removal of chemicals. Commissioner McLeod made the following Amendment to the Motion. COMMISSIONER McLEOD STATED, "ON NON-CONFORMING USE, BUT BY THE TIME YOUR REMOVE THE TRUCKS, YOU REMOVE THE CHEMICALS - THEN I WOULD SAY YOU ARE IN A CONFORMING USE. YOU ARE NOW BASICALLY AN OFFICE. BUT, TO SAY THAT WE ARE GOING TO ALLOW YOU TO STAY IN A NON- CONFORMING USE, WE'RE REALLY NOT." FURTHER COMMISSIONER McLEOD SAID, YOUR MOTION "SHOULD BE RESTATED THAT YOU WOULD ALLOW HIM TO STAY THERE AS AN OFFICE FACILITY ONLY. BUT, I THINK IN TRYING TO BE FAIR HERE, AND I AM NOT IN FAVOR OF HAVING CHEMICALS IN THESE KIND OF AREAS EITHER; BUT, I THINK IT WOULD BE - WE ARE TALKING A COUPLE MONTHS TIME, AND EVEN BUSINESSES - I OWN ONE, AND YOU DON'T MOVE ONE OVER NIGHT; IT TAKES YOU A LITTLE WHILE TO DETERMINE WHERE YOU ARE GOING TO GO. I THINK THERE SHOULD BE A TIME FRAME HERE ALLOWED TO CONTINUE AS WHAT WE REQUESTED OF LAST MEETING TO KEEP THE TRUCKS THERE AT NIGHTS, OFF SITE. I DON'T LIKE THE IDEA OF SEEING THESE CONTAINERS OUT BACK. I DON'T KNOW WHAT'S IN THESE CONTAINERS, BUT I THINK THEY SHOULD COME OFF THE PROPERTY. BUT I THINK THAT PERHAPS YOU SHOULD BE ABLE TO RUN THE BUSINESS UNTIL SEPTEMBER BY KEEPING THE TRUCKS OUT OF THERE; HAVE SOME LIMITED AMOUNT OF CHEMICALS - I DON'T KNOW WHAT YOU HAVE INVENTORY-WISE NOW UNTIL WHICH TIME YOU COME TO RENEW IT; AND THEN AT THAT TIME, YOU MUST COME INTO COMPLIANCE AND THAT WOULD BASICALLY - YOU COULD USE THAT AS AN OFFICE FACILITY, PERIOD. AND BEYOND THAT YOU MUST HAVE YOUR OTHER STUFF STORED SOMEWHERE IN AN INDUSTRIAL PARK OR HAVE THE WHOLE BUSINESS AT THE PARK. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 15 OF 33 NOTHING SAYS YOU COULDN'T OPERATE THERE AS A BUSINESS FOR NAME RECOGNITION AS AN OFFICE, BUT WE ARE SAYING YOU CANNOT CONTINUE TO OPERATE THERE FOR ANY LENGTH OF TIME, WITH ANY CHEMICALS ON THE PROPERTY." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. Discussion continued on occupational licenses; commercial vehicles parked at the site; chemicals being stored at the site; Office/Retail occupational licenses; permitted uses in zoning classifications; and "Mitigating the error." Tape 2/Side B AFTER BRIEF DISCUSSION COMMISSIONER McLEOD CLARIFIED HIS AMENDMENT TO THE MOTION: "WHAT I BASICALLY SAI][), IS THAT.. WE WOULD ALLOW HIM AT THIS TIME, TO STAY AND OPERATE - THE BUSINESS WITH HIS TRUCKS BEING MOVED OFF SITE AND HE COULD HAVE SOME CHEMICALS ON SITE - UNTIL SEPTEMBER WHEN THE LICENSE GOT RENEWED AND AT THAT TIME COULD NO LONGER CONTINUE TO ESTABLISH THE BUSINESS THERE WITH CHEMICALS." VOTE: (ON THE AMENDMENT): COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: NAY AMENDMENT DID NOT CARRY. "I AGAIN WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION, THAT BASED UPON AN INSPECTION BY THE FIRE CHIEF THAT IF THE- CHEMICALS ARE PROPERLY STORED, PROPERLY CONTAINED ON THE SITE IN A SMALL QUANTITY, THAT - MR. TODD'S BUSINESS WOULD BE ABLE TO CONTINUE TO OPERATE AT THAT SITE UNTIL SEPTEMBER; AND THAT BETWEEN NOW AND SEPTEMBER COULD HAVE SOME CHEMICALS ON SITE AND THAT EACH MONTH WE MAKE AN INSPECTION OF THE CONDITION OF THE SITE." AMENDMENT BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 16 OF 33 VOTE (ON THE AMENDMENT): DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VOTE ("ON THE MAIN MOTION, AS AMENDED"): COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE . MOTION CARRIED. Mayor Partyka clarified that, "You stay there until September 2000 - no trucks are to be stored there - a limited amount of chemicals and a monthly inspection, then, anything you want to do after this, that is going to be your call." .:. .:. AGENDA NOTE: REGULAR AGENDA ITEM "B" WAS AGAIN DISCUSSED, AS DOCUMENTED. .:..:. REGULAR B. 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. "MAYOR, I MAKE A MOTION TO TAKE REGULAR ITEM 'B' OFF THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mr. Grindstaff mentioned "There are just a couple of very small tweaks on that Exhibit, that I would like to clarify, before I turn it over to Mr. Schrimsher for some comments." Mr. Grindstaff then stated, "Right here - that little dotted line running on the North and Eastern side of the EastIW est Crossroad Connector - that little dude there, should be tucked in and tighter to the EastlWest Collector - I think that was a carry-forward from CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 17 OF 33 the old maps." Mr. Grindstaff further said, "Michael feels like it should be tighter to the right-of-way, just like these other - on the other side of the street, and like every other street. . . " Commissioner Blake stated, "Don't we have defined what the width of the right-of-way is - for this street?" Mr. Grindstaff replied, "Yes." Commissioner Blake then asked, "W ouldn 't that verbal definition..." Mr. Grindstaff stated, "I think to add some comfort, how about we just clean up the map, and then it can be fixed - it's no big deal. I would agree with you." Manager McLemore stated, ".. .want to fix it." Mr. Grindstaff then said, "And the same thing - right here - Michael is worried about some of these little lines around this box - you see that dark box, and then there is a little roadway within them, and then over here - the roadway is within them - that dark - the dark box is to be the edge of the right-of-way, and include the right-of-way. I think that was the original agreement. And, this drawing which we have to rely on Exhibit "A" - those little lines are outside the dark box. It was just like your direction to Staff to clean that up with us - tomorrow, the next day." Manager McLemore stated, "I think the agreement says that that's inclusive of the right-of-way." Mr. Grindstaff added, "It does. - as depicted on Exhibit 'A,' Ron." Manager McLemore stated, "Okay." ML Grindstaff further added, "And when you add the dark line with the other thing kind of - crossing in and out of it, it's confusing - we want to be - so, if we'd - appreciate someone to direct the Staff to do that - and then - but those tweaks to Exhibit 'A' - I would - 1'11 be quiet here, and turn it over to Mr. Schrimsher for his comments." Mr. Michael Schrimsher, 600 East Colonial, Suite 100, Orlando. Florida: spoke on the confusion that exists; what was agreed to three weeks ago; the transcripts; "Neo- Traditional" planning; discussions with Victor Dover; the "alternative configuration of Magnolia Park as a triangle;" Mr. Dover's preference of Magnolia Park's current design; "Vacating the western portion of that area;" the width of the triangular area; the "Mass of development that could be accommodated on the north, would be good for the park" - that would be a benefit to the City; his willingness to drop the last modifications made to the agreement; using the language proposed by Attorney Garganese in his last addition; and agreeing to sign a corrected "clean copy" of the agreement. Regarding Exhibit "A," Mr. Grindstaff stated, "The 6/12 Exhibit 'A' is what we just had on the overhead. For the record, we were only talking about the dotted line running north and west and parallel to the east-west connector segment, and to make sure that the bold lines around Parks #4 and #5 include the roads that - the little right-of-ways that were included in there." Further discussion ensued on "silviculture" (tree farming). Deputy Mayor Gennell stated, "That on page 19 of 23, the third line - where it says - well, 1'11 read the first - 'the City acknowledges that Schrimsher may continue to use all or a portion of the Schrimsher property for cattle farming operations (excluding beef processing); citrus farming; CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 18 OF 33 silviculture/tree farming' - at that point, I would like to insert 'excluding lumber harvest' in parentheses." Discussion ensued on lumber harvesting; logging trucks; concerns with the City's tree canopy; and future land clearing. After polling members of the Commission, the consensus was to "Leave it the way it is." "I WOULD LIKE TO MAKE A MOTION FOR THE CITY OF WINTER SPRINGS TO ENTER INTO A COMPANION AGREEMENT WITH THE SCHRIMSHER ORGANIZATION THAT ENCOMPASSES TWENTY-THREE (23) PAGES, AND IS DATED MAY 26, 2000 WITH PAGE TWO (2) HAVING BLANKS FILLED IN.'' COMMISSIONER BLAKE FURTHER STATED, "SECTION 'f)' READS, THAT 'MAGNOLIA PARK SHALL CONSIST OF NOT LESS THAN SIXTY-FOUR/ONE HUNDREDTHS (0.64) ACRES AND NOT MORE THAN SEVENTY-NINE/ONE HUNDREDTHS (0.79) ACRES- AS DEPICTED ON EXHIBIT 'A' UNLESS ANOTHER CONFIGURATION IS AGREED UPON BY THE PARTIES IN WRITING; PROVIDED, HOWEVER, TO THE EXTENT THAT MAGNOLIA PARK IS LESS THAN SEVENTY-NINE/ONE HUNDREDTHS (0.79) ACRES, SCHRIMSHER AGREES THAT SUCH DIFFERENCE (THAT IS NOT TO EXCEED FIFTEEN/ONE HUNDREDTHS (0.15) OF AN ACRE) SHALL BE ADDED TO ONE OR MORE OF THE FOLLOWING PARKS AS MUTUALLY AGREED TO BY THE PARTIES: LAKE TRAIL PARK, WETLAND PARK OR ANY OF THE SMALL NEIGHBORHOOD SQUARES (#2, 3, 4 OR 5)." MAYOR PARTYKA CLARIFIED THAT "THAT LAST SECTION IS STRICTLY FOR DEFINITION OF THE PAGE." COMMISSIONER BLAKE FURTHER SAID, "THAT WAS PAGE 2 OF 23, AND THAT THE CITY MANAGER IS FURTHER DIRECTED BY THE COMMISSION TO WORK WITH THE SCHRIMSHERS TO CLEAN UP THE TWO (2) LINES ON EXHIBIT 'A' AS DEFINED BY MR. GRINDSTAFF EARLIER IN THE MEETING - AND TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. COMMISSIONER McLEOD ASKED THAT ALL THE PAGES BE "THE SAME, AND ALSO THAT THEY PROBABLY SHOULD ALL CARRY A DATE AT THIS TIME - 6/12 - ALONG WITH THE EXHffiITS." (THIS WAS AGREED TO AS PART OF THE MOTION). VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 19 OF 33 MOTION CARRIED. _ Mayor Partyka thanked everyone for all their patience and hard work. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS NEXT DISCUSSED. V. PUBLIC HEARINGS PUBLIC HEARINGS B. 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. Attorney Garganese read Ordinance 707 by "Title" only. Mayor Partyka opened the "Public Input" portion of this agenda item. No one spoke. Mayor Partyka closed the "Public. Input" portion of this agenda item. Mr. Grindstaff noted that Mr. Carl Stephens, Jr., Chairman of the Planning & Zoning Board/LP A was in attendance. Mr. Grindstaff further discussed the Board's recommendation and stated that "It appears that the Ordinance will be passed - for the record, and for the future record, as in keeping with what we've done in the past, we've agreed to file copies of the verbatim - court reporter's records with City Hall so that we all have them, as we did tonight - if we need to go back to them and I'm presenting to the Clerk here - what is now, Volume VI, consisting of the Index, the Public Hearings and Workshops - first with the - City Commission Regular Meeting, dated April 24, 2000, City Commission Regular Meeting dated May 8th, 2000, and City Commission Regular Meeting dated May 22, 2000, and also I've gone back to the Planning and Zoning Board action that was April 11, of 2000. So, I would tender that to the Clerk, to go into this record, as part of all of the fact finding that went into this effort, and the discussions, and then, now probably at the next meeting or maybe the next, to bring back a copy of tonight's transcribed record." Mr. Grindstaff then thanked the Members of the Commission, Manager McLemore, and Attorney Garganese. Mr. Grindstaff complimented Attorney Garganese's efforts and said, "Especially with Mr. Garganese - you should all make note that progress began to be made when Mr. Garganese showed up on the scene." "IT'S A GREAT HONOR FOR ME TO MAKE A MOTION TO ADOPT ORDINANCE 707, ADOPTING THE PROPOSED TOWN CENTER DISTRICT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 20 OF 33 BOUNDARY AND CODE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka thanked everyone and discussed how important this was to the City. Commissioner Martinez added, "Mayor, you ought to be congratulated on your accolades in the public newspaper of our City Manager, Ron McLemore." Mayor Partyka called a five minute break. The meeting was called back to order by Mayor Partyka. .:..:. AGENDA NOTE: THE FOLLOWING THREE (3) REGULAR AGENDA ITEMS WERE DISCUSSED TOGETHER. .:. .:. VI. REGULAR REGULAR D. Parks And Recreation Department Requests The City Commission To Approve Change Order Number 2 To The Parks Improvement Program, Consider Other Improvements And To Amend The 1999 Revenue Bond Issue To Provide For Additional Funding. ADD-ON REGULAR D-1. City Manager Requests The Change Order Number 2 Of The Parks Improvement Program Be Amended To Include An Additional $8,500.00 For De-Muck Areas For Restrooms And Tot Playground At Torcaso Park. REGULAR H. Parks And Recreation Department Requests The City Commission Give Direction Related To Additional Screening And Buffering Along The North And Northwest Boundaries Of Moss Park. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 21 OF 33 Mr. Chuck Pula, Parks and Recreation Director and City Consultant Mr. Bill Starmer from Starmer Ranaldi Planning and Architecture, Inc. discussed Change Order Number 1 and 2; the eleven (11) different items; status of construction; the improvements being requested; cost savings; bonding; insurance; cost additions; poor soils in certain areas; sod; and issues concerning septic tanks and batting cages. Further discussion ensued on "limited" funding, and the original Master Plan. Commissioner Blake stated, "Why don't we have some listing of that, in here, under the funding issue, to let us know what we may have to give up, In order to do this." Manager McLemore said, "We can certainly provide you with that." Additional discussion dealt with the pricing and "Restocking charge" for a "Commercial triple basin stainless sink with washboards at each side, as part of the health department requirements;" pavilions; and paving and striping parking lots. Tape 3/Side A APPROVAL OF "ITEMS 'A' THROUGH'!''' - "AND WE JUST TABLE THE REST OF 'D,' 'D-l,' AND 'H' UNTIL THE NEXT MEETING, WHICH WOULD TAKE PLACE TWO (2) WEEKS FROM TONIGHT." MOTION BY COMMISSIONER MILLER. COMMISSIONER MILLER FURTHER STATED, "THIS IS MY FINAL MOTION, THAT WE APPROVE ITEMS - 'A' THROUGH 'I,' ON AGENDA ITEM 'D.'" MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER MARTINEZ STATED, "MAYOR PARTYKA, POINT OF ORDER. THE TIME TO EXTEND HAS PASSED. I WOULD LIKE TO MAKE A MOTION TO EXTEND." MOTION BY COMMISSIONER MARTINEZ. SECONDED. VOTE (ON THE MOTION TO EXTEND): COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "It's extended for one (1) hour." Further discussion followed regarding costs related to the septic tank; City sewer; the distance of the sewer; lift stations; the impact to the environment; sewer lines; deleting the sewer cost from the Agenda package; requirements from the Health Department; the restocking charge for the sink; custom manufactured sinks; the cost for the connector CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 22 OF 33 walkway; the cost for the walkway, with lighting; possible delays; taking funds from other projects; and where the monies are coming from. Commissioner McLeod stated, "I would like to understand where the monies are coming from and then, that's part of what our discussion is supposed to be." COMMISSIONER MILLER CLARIFIED THAT "MY MOTION WAS TO GO AHEAD WITH THE ITEMS 'A' THROUGH'!' - AND FOR THE CITY MANAGER TO GET US INFORMATION AT THE NEXT MEETING WHICH IS - AT WHAT EXPENSE TO OTHER PROJECTS ARE WE SACRIFICING FOR THESE. " Commissioner McLeod again inquired about items "D" and "H." Brief discussion on the restocking charge and the $32,000.00 septic tank charge. "I WOULD BE MORE THAN HAPPY TO AMEND THE MOTION AT THIS TIME TO ASK THAT'D' BE PULLED UNTIL WE CAN GET FURTHER INFORMATION AS TO THE COST OF THE SEWER CONNECTION OVER THERE AND THAT 'H' - THE COST BE RE-LOOKED AT, ON 'H' AS TO SUPERVISION FOR A $900.00 WORTH OF RESTOCKING - THE COST OF ALMOST $500.00 TO SUPERVISE THAT." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. COMMISSIONER BLAKE ASKED, "DOES THAT MOTION INCLUDE DIRECTION TO THE CITY MANAGER TO EXPEDITIOUSLY REVIEW THE POSSIBILITY OF CONNECTING THE SEWER - FINDING OUT COSTS?" Mayor Partyka said, "I believe that was the Motion." VOTE(ON THE AMENDMENT): DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VOTE (ON THE" AMENDED MAIN MOTION"): COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2000 Page 23 OF 33 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS AGAIN DISCUSSED. .:. .:. ADD-ON REGULAR D-l. City Manager Requests The Change Order Number 2 Of The Parks Improvement Program Be Amended To Include An Additional $8,500.00 For De-Muck Areas For Restrooms And Tot Playground At Torcaso Park. "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT DISCUSSED. .:. .:. REGULAR H. Parks And Recreation Department Requests The City Commission Give Direction Related To Additional Screening And Buffering Along The North And Northwest Boundaries Of Moss Park. "I MAKE A MOTION TO TABLE THIS ITEM UNTIL THE MANAGER COMES UP WITH SOME MORE CONCRETE INFORMATION AS TO WHERE THESE MONIES ARE COMING FROM." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Following a brief discussion on fencing around parks, Commissioner Miller stated "Mr. Mayor, I would like to get some input from you through the City Manager at the next meeting on the suitability of wooden stockade fences and various types, that we might CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12.2000 Page 24 OF 33 apply it at Moss - instead of a three (3) foot vegetative barrier which will take years to cover that area." Brief discussion ensued and it was agreed that the "bahia sod" matter would be addressed at the next meeting. REGULAR E. Fire Department Requesting The City Commission Review The Recommended Fee Charges For The City's Emergency Medical Patient Transport Service. Fire Chief Tim Lallathin spoke briefly with the Members of the Commission on this item. Discussion ensued on the budget; if rates needed to be increased; the Medical Transport Fund; the number of transports; budget deficits; collection rates; insurance providers; transport capable vehicles; the General Fund; and non-resident patients. "MR. MAYOR, I MOVE WE APPROVE AGENDA ITEM "E" AS RECOMMENDED BY THE FIRE DEPARTMENT." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR F. Office Of The City Clerk Respectfully Requests That The City Commission Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee, To Fill The Vacancy As A Result Of The Recent Resignation Of Committee Member Anna Fernandez. Commissioner Martinez stated, "I will make my appointment at the next meeting." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 25 OF 33 REGULAR G. Office Of The City Clerk Respectfully Requests That The City Commission Decide On The Appropriate Appointments Or Reappointments For Terms Of Office Which Will Be Expiring In July 2000 - Pertaining To The Beautification Of Winter Springs Board; The Board Of Adjustment; The Planning And Zoning Board/Local Planning Agency; and The Tuscawilla Lighting And Beautification District Advisory Committee. "MR. MAYOR, I WILL MAKE A MOTION TO TABLE THIS UNTIL THE NEXT MEETING." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR I. City Attorney And The City Manager Request The City Commission Consider Repealing Section 20-26 Of The Winter Springs Code Of Ordinances Relating To Zoning Procedures And Requiring The Attendance Of A Planning And Zoning Board Member At A City Commission Meeting When Certain Zoning Ordinances Are Considered. Attorney Garganese discussed that this section is "Very antiquated. I believe it conflicts with some current provisions in the Florida Statutes, under Chapter 166 and 163;" that his recommendation is to repeal this to avoid some potential pitfalls; and that we "Strictly comply with the Florida Statutes, only." Discussion ensued on the "Antiquated" section of the Code; requirements; Florida Statute Chapter 163; Florida Statute Chapter 166; compliance with the Statutes; where this provision applies; what changes go before the Planning and Zoning Board/Local Planning Agency; referencing the Florida Statutes; avoiding technical pitfalls; possible challenges; Comprehensive Plan Amendments; what is not affected by this Ordinance; and obtaining information from the Planning and Zoning Board/Local Planning Agency. Commissioner Miller noted "Mr. Mayor, Point of Order, it's Midnight." "I WOULD LIKE TO MAKE A MOTION THAT WE EXTEND THE MEETING TO DISCUSS ITEM "J" AND THEN WE ADJOURN." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF SECOND. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 26 OF 33 Mayor Partyka stated, "We do need a Motion to extend though." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Commissioner Martinez stated, "I would like to see something other than repealing this in its entirety, something that accommodates Planning and Zoning, the Commission, and the Code a little better." Mr. Carl Stephens, Jr., Chairman of the Planning and Zoning Board: commented on Section 20-26 ofthe Code; concerns with the Board Member attendance requirement; and read a June 12,2000 recommendation from the Planning and Zoning Board. Deputy Mayor Gennell stated, "I would be in favor of sending Item "I," with the Commission's direction, if they agree, back to the City Attorney to incorporate some of the recommendations from the 'P & Z. ", Tape 3/Side B Discussion continued on the Florida Charter; Board Member Bill Fernandez's previous request to speak to the Commission; consideration of Attorney Garganese's recommendation to repeal Section 20-26; that Attorney Garganese is to review this Ordinance in its entirety; and conflicts with Florida Statutes. Deputy Mayor Gennell stated, "As long as we - clarify, for the record - that this Commission has a policy, and the future Commissions should embracing the input of the 'P And Z' when they come to us, then I don't mind deleting this other from the Code." "I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT." COMMISSIONER McLEOD FURTHER SAID, "I'D LIKE TO DIRECT THE CITY ATTORNEY TO BRING US AN ORDINANCE TO REPEAL THE PRESENT 20-26." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12.2000 Page 27 OF 33 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese stated, "This Ordinance will now go to Planning and Zoning Board for a full recommendation, pursuant to your Ordinance." REGULAR J. City Manager Requesting Approval Of Resolution Number 2000-15 Which Authorizes The _City To Enter Into A Loan Agreement To Finance Oak Forest Wall And Beautification Improvements, Financial Software And Equipment And A Medical Transport Unit, And Authorizes The Mayor And City Manager To Sign The Loan Documents. Manager McLemore gave a brief introduction of this item. Commissioner Blake stated, "Mayor, Point of Order on this. I am curious as to whether we should approve the Resolution for the paper before we approve the project which is Item 'K' - I believe." .:. .:. AGENDA NOTE: FOLLOWING A BRIEF DISCUSSION, IT WAS DECIDED TO DISCUSS REGULAR AGENDA ITEM "K" PRIOR TO REGULAR AGENDA ITEM "J". .:..:. REGULAR K. Information Services Department Wishes To Amend Its Prior Recommendation To The City Commission For The Award For The Financial Systems Request For Proposal And To Allow The City Manager To Enter Into Contract Negotiations With Preferred Vendor. Manager McLemore briefly discussed problems with the first vendor; and the $750,000 budget for the second vendor. Brief discussion. Ms. Joanne Dalka, Information Services Manager, stated "We just want to be able to move ahead with this, as soon as possible." "MAYOR, I WILL MAKE A MOTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH 'SCT GLOBAL GOVERNMENT SOLUTIONS' IN CONJUNCTION WITH 'KJV A' FOR THE FINANCIAL CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 28 OF 33 SOFTW ARE PACKAGE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. FOLLOWING A BRIEF DISCUSSION ON THE PREVIOUS LOW BIDDER, COMMISSIONER BLAKE NOTED, "MR. MAYOR, I WOULD LIKE TO CORRECT A SCRIBNER'S ERROR. I MADE THE MOTION UTILIZING THE ORIGINAL BID WINNER AS OPPOSED TO THE COMPANY WE INTEND TO AWARD THE BID TO. SO I NEED TO CORRECT THE MOTION TO STATE THAT THE COMPANY WOULD BE 'MUNIS,' NOT 'SCT,' ANJ[) THAT WILL INCLUDE THE 'FINANCIAL,' 'GIS,' AND 'LAND MANAGEMENT' PACKAGE." REVISED MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE COMMISSION FURTHER DISCUSSED REGULAR AGENDA ITEM "J". .:..:. REGULAR J. City Manager Requesting Approval Of Resolution Number 2000-15 Which Authorizes The City To Enter Into A Loan Agreement To Finance Oak Forest Wall And Beautification Improvements, Financial Software And Equipment And A Medical Transport Unit, And Authorizes The Mayor And City Manager To Sign The Loan Documents. Manager McLemore gave a brief introduction of this item. Deputy Mayor Gennell discussed her concerns with previous efforts to have Bank of America stay in the community; and supporting the local branch. Mr. Michael C. Stewart from Gardnyr Michael Capital, Inc. briefly addressed the Commission. Deputy Mayor Gennell suggested, we could "Go back to Bank of America, and say 'yes,' we're happy with this - the Commission approved it and everything else, we want our local branch bank to receive some credit for issuing this loan - and they can do it." Manager McLemore stated, "I'll be happy to write a letter." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 29 OF 33 Further issues discussed related to this item were: Proceeds from the Bond for the Oak Forest Development being held in separate accounts; prepayment penalties; assuming bonds after district closure; re-issuance costs; refinancing requirements; the "five (5) year note; lighting for recreational fields being deleted; and that "The loan agreement just refers to the computer equipment and the medical transport unit." Further brief discussion continued. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. ADD-ON REGULAR L. City Manager Requesting Direction To Meet With The Dunmar Estates Homeowner's Association To Discuss Issues Related To Construction Of A Water Line To Loop The East And West Areas Of The City's Water System. Manager McLemore discussed the importance of this project; the purpose of the connection; that the route through Dunmar Estates is the most cost effective; the debate within Dunmar Estates; Commissioner McLeod's involvement in discussions; and Commissioner McLeod's letter requesting Staff to meet with the Homeowner's Association to answer questions and clarify any misinformation. Commissioner McLeod discussed his May 22, 2000 letter written to Manager McLemore; concerns from homeowners; fire protection; fire hydrants; and informing residents of the true issues. "I MOVE TO APPROVE ITEM "L". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 30 OF 33 MOTION CARRIED. Following a brief discussion regarding "Reports" - Commissioner Miller made the following motion: "I MAKE A MOTION TO ADJOURN AND HAVE REPORTS AT THE BEGINNING OF THE NEXT COMMISSION MEETING." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: NAY MOTION DID NOT CARRY. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese informed the Commission that "Oral Arguments have been set on the Tuscawilla Bond Validation Proceeding, " and are scheduled for November 28, 2000 at 9:00 a.m. in Tallahassee, Florida. REPORTS B. City Manager - Ronald W. McLemore Manager McLemore informed the Commission of the results of the employee Pension Plan Election, and that Option "A" was the selected choice. Manager McLemore suggested a possible Workshop for Monday, June 19, 2000 to discuss a proposal received from the James Doran Company regarding the Kingsbury property. With consensus from the Commission, it was agreed to schedule the Workshop for Monday, June 19,2000 at 5:00 p.m. "MOTION TO ADJOURN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 31 OF 33 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: NAY COMMISSIONER McLEOD: NAY MOTION DID NOT CARRY. REPORTS C. City Clerk - Andrea Lorenzo-Luaces Deputy City Clerk Tania Haas had "No report." REPORTS D. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez requested a letter to be sent to be sent either from Manager McLemore or Mayor Partyka to the Winter Springs Senior Citizens Center for donating $400.00 to help four children attend and participate in the summer camp project. Mayor Partyka stated he would send a "Letter of recognition." Commissioner Martinez inquired as to the status of the annexation petition by Classic Properties of Central Florida. Attorney Garganese responded that nothing has occurred since he wrote his legal opinion recommending that we not annex this property. Commissioner Martinez further inquired as to the status of the Personnel Policies. REPORTS E. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell informed members of the Commission of her attendance at a recent "Council of Local Governments In Seminole County" (CALNO) meeting and noted that the City of Oviedo's Arbor Ordinance should be reviewed. Deputy Mayor Gennell also requested that the findings from the Commission on Ethics be included as part of the election packages; as well as a letter from Attorney Garganese on the "resign to run" rule." Deputy Mayor Gennell further requested that we reVIew on "C-l," "C-2," and "Industrial" zoning classifications. Lastly, Deputy Mayor Gennell mentioned the City's littering Ordinance; possible fines; and asked that information be brought back "next time." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2000 Page 32 OF 33 REPORTS F. Commission Seat V - David W. McLeod Commissioner McLeod inquired as to the status of the upcoming Fourth of July fireworks show. Following a brief discussion, it was agreed that more information should be available by the next Commission meeting. Discussion continued regarding surrounding municipalities and decisions regarding personal fireworks. REPORTS G. Commission Seat I - Robert S. Miller Commissioner Miller inquired as to the status of the Texaco site at Hayes Road and State Road 434. Discussion continued on public health issues; fencing; and possibly creating a "Junk" Ordinance." Commissioner Miller requested that Manager McLemore lookjnto what could be done to "Try to return that site to its original condition." Commissioner Miller asked about the proposed 7-11 on Vistawilla Drive. Brief discussion. Commissioner Miller inquired about the status of drafting an Ordinance that deals specifically with gas stations. Manager McLemore said that draft Ordinances should be presented to the Commission at the next meeting. Deputy Mayor Gennell added, "I believe if you'll have somebody research the Ordinances, they passed an Ordinance in this City, saying that - you could have a gas station here, but you could not have any parking places at it. And that was how they got around having all the convenience stores - now just have somebody look back through the Ordinances." REPORTS H. Commission Seat II - Michael S. Blake Commissioner Blake brought up the issue of whether "Smoking in the parks" was allowed? Discussion ensued on the status of a previous "Emergency Order;" and complaints that have been received about smoking at ball fields. Commissioner Blake added, "I would certainly like to see that come up." Commissioner Blake also inquired about the status the City's Web site. Commissioner Blake asked if staff was working on this, on a daily base. Commissioner Blake added that he would speak on the "Water bill" issue next time. Commissioner Blake asked if Ordinance Number 702 had been written correctly, and ifit is being followed in the proper manner. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2000 Page 33 OF 33 Commissioner Blake inquired about the status of the Water Rate study. REPORTS I. Office of the Mayor - Paul P. Partyka Mayor Partyka read a plaque that was received from the Florida Bar Association and suggested that it be displayed in the lobby. Deputy Mayor Gennell further suggested that the wording be incorporated into the "Public Input" forms. Mayor Partyka also discussed the Thursday, July 13, 2000 invitation from the City of Oviedo Commission to the City of Winter Springs Commission - mentioned that "No business will be discussed," and he urged that Members of the Commission attend this function. Mayor Partyka asked that the City Clerk take care of any reservations to this event. VIII. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. WITH CONSENSUS OF THE COMMISSION, THE MEETING WAS ADJOURNED. Mayor Partyka adjourned the meeting at 12:55 a.m. Respectfully Submitted By: Tania Haas Deputy City Clerk APPROVED: NOTE: These minutes were approved at the July 24 . 2000 City Commission Meeting.