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HomeMy WebLinkAbout_2002 02 25 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING FEBRUARY 25, 2002 I. CALL TO ORDER The Regular Meeting of February 25, 2002 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 6:35 p.m. City Attorney Anthony A. Garganese, arrived at 6:35 p.m. A moment of silence was followed by the Pledge of Allegiance. The Commission then discussed Agenda Changes, and when the attachment for Regular Agenda Item "D" was available to the Commission. City Manager Ronald W. McLemore arrived at 6:35 p.m. City Attorney Anthony A. Garganese arrived at 6:35 p.m. Mayor Partyka, on behalf of the City Commission, presented two Proclamations of Recognition - one to the .community Development Department and the second to the Office of the City Clerk. Mr. Rich Sloane, on behalf of the "Relay For Life" organization addressed the City Commission and asked for their support with the "Relay For Life" program. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25. 2002 PAGE 2 OF 24 II. PUBLIC INPUT Mr. Connie Mack Crawley, 206 El Camino Real Circle, Winter Springs, Florida: as president of the Hacienda Village Cooperative, he briefly spoke about some of the Hacienda Village's concerns with a proposed gas station to be located close to their property. /vI:.. Betty Weidler, 183 La Vista Drive, Winter Springs, Florida: read a letter which had been written to Commissioner Edward Martinez, Jr. on problems associated with the proposed gas station to be located near Hacienda Village. III. CONSENT CONSENT A. Public Works Department Requesting Approval To Enter Into An Agreement With Ground Effects Landscape Maintenance, Inc. For Landscape And Irrigation Maintenance Services On Areas Improved By The Tuscawilla Lighting And Beautification District. Discussion ensued with Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director. Attoraey Garganese stated, "Regarding scope of services, it specifically states that its as described in the project manual- Kip [Lockcuff] there needs to be language in there that a copy of the project manual will be attached and is hereby incorporated in the hereby reference, so it's clear that the scope of services are incorporated into the Agreement." CONSENT B. Not Used. CONSENT C. Parks and Recreation Department Requesting The City Commission Approval To Apply For A Community Development Block Grant (CDBG) For Upgrading Accessibility, Restrooms, Building And Parking Of Sunshine Park And Authorize The City Manager To Apply For This Grant On Behalf Of The City Of Winter Springs. Discussion followed with Mr. Chuck Pula, Parks and Recreation Department Director. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 3 OF 24 Deputy Mayor Cindy Gennell stated, "Maybe you could just reassure me that this isn't the final form that it is going out in." Mr. Pula stated, "It is not. There are several attachments that are yet to be provided, that we're working on." Commissioner Robert S. Miller commented on the plans for the Civic Center and asked, "Has Starmer and Ranaldi [Starmer Ranaldi Planning and Architecture, Inc. (sri)] given any thought to locating that building - to that open area where that arrow is pointed right now? And if it hasn't, I would like you to raise it with them and see if there is any merit to i:hat, because as I say, sixty-one (61) parking spaces is not an awful lot for a weekend when you have got three (3) - softball teams in there playing." Mr. Pula stated, "I will be glad to get with him and look at that further." CONSENT D. Parks and Recreation Department Requesting The City Commission To Apply For A Land And Water Conservation Fund Program Grant For The Central Winds Park Expansion And Authorize The City Manager To Apply For This Grant On Behalf Of The City Of Winter Springs. Members of the Commission agreed that State Representative David Mealor was the State Representative for Sunshine Park. Deputy M~yor Gennell pointed out "I think you can add some points by adding some thi:1gs in on item number 6." and further suggested that Mr. Pula contact Deputy Mayor Genn~l1. Mr. Pula stated, "Be glad to." CONSENT E. Office Of The City Clerk Approval Of The Minutes Of The February 11, 2002 Regular City Commission Meeting. Deputy Mayor Gennell commented on the Open Container Ordinance discussion at the February II, 2002 Regular Meeting and stated that "There were certain representations made here by the Police Chief and by the City Manager about what the intent of that Ordinance would be - and none of those were reflected in the Minutes, and I would like to see them reflected in the Minutes - what the stated intention of that Ordinance is to be." It was agreed that the Minutes should be expanded to include Deputy Mayor Gennell's concerns. Mayor Partyka stated, "1'm looking for a Motion to approve the Consent Agenda." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 4 OF 24 "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO INCORPORATE THE REMARKS FROM THE CITY ATTORNEY ON THE LANDSCAPING CONTRACT." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: (ON THE AMENDMENT) DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMl\IISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. IV. INFORMATIONAL (ITEMS NOT APPROVED AT THE FEBRUARY 11, 2002 REGULAR MEETING) INFORMATIONAL B. Office Of The City Attorney Requests The City Commission To Receive Information Regarding The HCCH Closing. Regarding this matter, Commissioner Miller read a letter into the record and requested that a Regular Agenda Item be placed on the April 8th, 2002 Regular Meeting of the City Commission Agenda - "In order to determine if Mayor Partyka should be censured for deliberately misleading this Commission regarding his participation in the planning of the Homeless Center to be built in the Winter Springs Industrial Park last year. The second question is whether the Mayor should be ordered to reimburse the City for invoices associated with his participation in the above transaction." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 5 OF 24 Commissioner Miller stated, "If there are no objections, I would like it to be placed on the Agenda." No objections were noted. Commissioner Michael S. Blake stated, "Point of Order" and mentioned that any Commissioner can request any item be placed on any Agenda. Tape 1/Side B .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA WAS DISCUSSED AND VOTED ON NEXT, AS DOCUMENTED. .:..:. IV. INFORMATIONAL (ITEMS NOT APPROVED AT THE FEBRUARY 11, 2002 REGULAR MEETING) A. Community Development Department Requests The Commission As The Development Review Committee Receive Information Related To A Change In Layout For The Recreational Area In Avery Park Subdivision. Commissioner Martinez said, "Point of Order" and asked about this Agenda Item. Discuss~on ensued on this Agenda Item with Manager McLemore, Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department and Mr. Lo.:kcuff. INFORMATIONAL B. Office Of The City Attorney Requests The City Commission To Receive Information Regarding The HCCH Closing. INFORMATIONAL C. Not Used. INFORMATIONAL D. Office Of The City Manager Advising The Commission Of Oyiedo's Response To A Request For A Joint Meeting To Discuss Location Of A Hospital In Oviedo. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 6 OF 24 "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. V. INFORMATIONAL (NEW ITEMS FOR THIS MEETING) INFORMATIONAL A. Parks and Recreation Department Wishes To Inform The City Commission That It Plans To Conduct A Summer Day Camp Program At The Sunshine Park Civic Center. INFORMATIONAL B. Parks and Recreation Department Notifying The City Commission Of A New Program ,Offered For Winter Springs Residents During Spring Break 2002. INFORMATIONAL C. Fubli.: Works Department Updating The City Commission On The Status Of The Tuscawilla Lighting And Beautification District Project. Discussion. Commissioner Martinez said "The brick pavers at certain intersections - I have stated this before, are not level, and you can see puddles of water forming where the brick pavers are at, which eventually will ruin those brick pavers, and I think that somebody should go out there at the right times and inspect these intersections to make sure that it is allleveI." INFORMATIONAL D. Office Of The City Clerk Wishes To Inform The City Commission Of The Results Of The Special Election Held On February 12,2002 And To Present The Official Certificate Of Results. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 7 OF 24 INFORMATIONAL E. Office Of Commissioner Michael S. Blake Requests That The City Commission Receive A Brief Presentation From Mr. Robert King On Behalf Of The Friends Of Lake Jesup. Mayor Partyka stated, "1'm looking for a Motion to approve the Informational Agenda for this Meeting." "SO MOVED." MOTION. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING TOOK PLACE REGARDING THE NEW INFORMATIONAL AGENDA, AND AN ITEM WHICH WAS JUST APPROVED AND IS FURTHER DOCUMENTED NEXT. .:..:. v. INFORMATIONAL (NEW ITEMS FOR THIS MEETING) INFORMATIONAL D. Office Of The City Clerk Wishes To Inform The City Commission Of The Results Of The Special Election Held On February 12,2002 And To Present The Official Certificate Of Results. Mayor Partyka read into the record the "Certificate of Results" from the Special Election of February 12, 2002. .:..:. AGENDA NOTE: THE FOLLOWING PRESENTATION WAS GIVEN, AS IT RELATES TO THE FOLLOWING INFORMATIONAL AGENDA ITEM ALSO JUST APPROVED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 8 OF 24 v. INFORMATIONAL (NEW ITEMS FOR THIS MEETING) INFORMATIONAL E. Office Of Commissioner Michael S. Blake Requests That The City Commission Receive A Brief Presentation From Mr. Robert King On Behalf Of The Friends Of Lake Jesup. Mr. Robert King, 2211 Black Hammock, Oviedo, Florida: spoke on behalf of the "The Friends Of Lake Jesup" and presented information regarding the planned restoration of Lake Jesup. Mr. King offered "To take the opportunity in the future to give a full evening" on this subject. Mayef Partyka said to Mr. King, "For future consideration, is it possible to give us some hand-outs?" During Mr. King's overview, he illustrated by use of a map that the end of the lake closest to the City of Winter Springs "Is influenced mostly by the inflows coming in from the creeks, and so what I would tell you is that the amount of improvement that you see in this end of the lake over the long term, is going to be a direct result of the activities that you have, the activities that you as a City take, and that the other cities that contribute to the nutrients load have." Discussion followed on the impact of docks. Commi8sioner Martinez said, "I would like the City Manager to provide us with an Informational Item for the next Meeting on how far has the dock Ordinance that we sta..-ted over a year ago come." Mr. King added, ''No where within the Lake Jesup basin, which does go all the way to Winter Park - nowhere is there a mitigation bank. A mitigation bank being a large tract of good land - good environmentally sensitive land that can be preserved and that can be exchanged for credits. Your City has two (2) huge tracts of very environmentally sensitive land - if you could convince those people, make it feasible in some way fOf them to open a mitigation bank, I believe they could make an awful lot of money and we could preserve a tremendous amount of the lakeshore." Mr. King advised the Commission that "I will make sure I get them to print me the latest updated maps, and give a copy to all of you." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 9 OF 24 VI. PUBLIC HEARINGS PUBLIC HEARINGS A. Not Used. PUBLIC HEARINGS B. Not Used. PUBLIC HEARINGS C. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-01 That Would Assign A Future Land Use Map (FLUM) Designation Of (City Of Winter Springs) "Industrial" To The Properties Totaling 7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S. Highway 17/92. (This Agenda Item Will Be On The March 11, 2002 Regular Meeting Agenda.) "I'LL MAKE A MOTION THAT WE POSTPONE THAT ITEM TO THE MARCH nTH, 2002 REGULAR MEETING AGENDA." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMM1SSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The First Reading Of Ordinance 2002-02 To Rezone A 7.561-Acre Tract, Located On Nursery Road On The East Side Of U.S.17-92, From (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-2 "One And Two Family Dwelling", And R-1-A "Single Family Dwelling" District To (City) C-2 "Commercial & Industrial." (This Agenda Item Will Be On The March 11, 2002 Regular Meeting Agenda.) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25,2002 PAGE 10 OF 24 "I'LL MAKE A MOTION THAT WE POSTPONE THAT ITEM - TO THE PUBLIC HEARINGS ITEM AGENDA ON MARCH 11TH, 2002." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VII. REGULAR REGULAf< A. Finance Department Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR) For The Fiscal Year Ended September 30, 2001. Ms. Louise Frangoul introduced Mr. Elden McDirmit, Audit Partner and Ms. Kelly Leary, Audit Partner with McDirmit, Davis, Puckett & Company, LLC. Mr. Elden McDirmit, Audit Partner and Ms. Kelly Leary, Audit Partner with McDirmit, Davis, Puckett & Company, LLC., 605 East Robinson Street, Suite 635, Orlando, Florida 32801: addressed the City Commission and gave a brief overview of the City's Comprehensive Annual Financial Report (CAFR). Tape 2/Side B Commissioner Blake stated, "Nice job by the way - for everybody. I appreciate the work that was done here." Further Commissioner Blake said to Manager McLemore, "The Oak Forest Note that we have outstanding - just seeing it in here brought it to mind, didn't we decide that we try to find the appropriate time to re-fund that and wouldn't that be about now?" Manager McLemore stated, "We need to bring you that on a separate Agenda Item with a recommendation from our FA (Financial Advisor). "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 'A' ON THE REGULAR AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 11 OF 24 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mr. McDirmit stated, "We'd like to thank Louise [Frangoul] for all of her hard work and her Staff." REGULAR B. Community Development Department Requesting Commission Consider And Approve A Development Agreement For A 7.561-Acre Tract At The Northeast Corner Of The Intersection Of U.S. 17-92 And Nursery Road. (This Agenda Item Will Be On The March 11, 2002 Regular Meeting Agenda.) No action taken or required. REGULAR C. Office Of The City Manager Requests That The City Commission Give Further Consideration In Regards To Memorializing The Many Contributions Of Former City Clerk, Mary T. Norton. Deputy Mayor Gennell asked if there was a photograph of Ms. Norton and added, "I wc,uld like to see some recognition here in City Hall. I really think this is where she spent her time. This is where she made the most impact - is in City Hall." With discussion, Mayor Partyka stated, "Consensus right now is - some kind of 'Hall of Fame,' 'Walk,' something like that. And, we'll have to get creative with it, maybe our marketing or advertising people - or just construction people - maybe, Starmer [Starmer Ranaldi Planning and Architecture, Inc. (sri)] or something." Deputy Mayor Gennell added, "If the Commission would agree that we can do something here, in addition to that - something in this building, something small." Commissioner Blake suggested having a "Mary Norton Memorial Desk." Mayor Partyka added, "Just put a little gold thing -like they do on benches - a little plaque or something." "I MAKE THAT A MOTION." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 12 OF 24 VOTE: COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "Let the record show, we now have the 'Mary Norton Memorial Desk. ", Deputy Mayor Gennell added, "That's in addition to the 'Walk of Fame.'" Mayor Partyka stated, "Yes, okay." Mayor Partyka called a recess at 8:21 p.m. The Meeting was called back to order at 8:46 p.m. REGULAR D. Office Of The City Manager Requesting The City Commission To Consider Approval Of A Development Agreement With Ava Anthony, Inc. To Construct A Gas Station And Convenience Store At The Corner Of Hayes Road And State Road 434 As Part Of A Settlement Agreement With The Developer Relative Vested Rights, Including Conceptual Site Development, Building, And Landscape Plans. Discussion began with when the attachment referenced in this Agenda Item had been made available to the City Commission. Attorney Garganese reviewed some technical changes and stated: "On paragraph 6., right at the beginning, we just need to put a statement in there that the landscaping obviously is subject to arbor review through our normal permitting process and any inconsistencies with the landscape plan that is attached as a concept plan, and our landscape requirements per Code. Obviously the Code provision would prevail." In that same section, subparagraph c., there is a question mark, right at the end there. That should be a closed parenthesis." Attorney Garganese added, "In subparagraph F., the second to last line, it says trees and shrubs planted also, that word also should be removed. Same page, paragraph 8. under 'Lighting.,' the second sentence should read 'Canopy lighting on the Site will be recessed to' maximize lighted areas for customers - 'Signage.' - the reference to Section 20-486. should be stricken and the sentence will read 'the Site will meet or exceed applicable standards provided in the City Code.' Page 7, paragraph 18., there is a reference to a fine of $250.00 per day. That should be stricken CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 13 OF 24 and the fine should be an amount not to exceed that provided by Chapter 162, Florida Statutes. " Commissioner Blake stated, "Point of Order" and commented on the new pages given out tonight by Attorney Garganese. Manager McLemore remarked about Section 5., and stated, "My concern is with the '(but will not necessarily)' - it gives them the ability to go back precisely to the existing drawings and say, no we won't do anything." Manager McLemore suggested this to be amended to state, ". . .Mutually agreed upon minor embellishments or minor enhancements that the parties can mutually agree upon." Further, Manager McLemore then said that regarding the "Footwall along Hayes and along 434, I would like to keep that in as a requirement." On page 5. of the Agreement identified in the Agenda Item, Manager McLemore explained that in Section 7. - it would be his preference to include the language that "The maintenance would be conducted in such a way to maintain the original condition equal to or better than the original installation." Deputy Mayor Gennell inquired, "Was the landscaping plan going to come back to us?" Attorney Garganese responded, "Yes" and that it would most likely come back during the "Formal permitting process." Furthermore, Deputy Mayor Gennell said, "I agree with the City Manager about - a small wall of some sort, and the purpose of it, but I would encourage everybody concerned to make sure that it has some breaks in it somehow, to discourage the rollerbladers and skateboarders. " Commissioner David W. McLeod spoke about the landscaping retention pond and stated, "I think if you go back to the original agreement we had with Texaco, it seems to me that we made them put a hedge around that pond to kind of hide that pond." Commissioner McLeod added, "I would appreciate it if you would look at that Ron, from what the original requirement was, on that site before." Mr. Arron J. Garovitz, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola, Orlando, Florida: as the Attorney for the developer, Mr. Garovitz addressed the City Commission and stated, "The four (4) points that Mr. McLemore made, we are in agreement with all of them." Additionally, Mr. Garovitz stated, "On page 5, paragraph 7., it says 'first class' - the word 'first class' is also on page 5, in the second line. If you are going to change it in one place, you can change it in both." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 14 OF 24 Mayor Partyka asked Mr. Garovitz to comment on the earlier remarks made by a representative of Hacienda Village. Mr. Garovitz stated, "The first substantive point that I wrote down is the connection to the sewer system, and again, this is all approved for commercial use, whether or not there's gas facilities and if there are problems you know, we'll deal with them to the extent an ordinary developer would. She asked, 'Can two (2) stations exist this close?' and I will tell you that we wouldn't be doing this if we didn't believe the answer is yes. Without a doubt, in our view, they can. She talked about traffic congestion. We all as you know - there are fairly significant traffic concurrency standards that we'll have to meet and demonstrate that the transportation works and that the roads operate in an acceptable level of service; so her point is well taken, but we are going to need to demonstrate to you before we get a building permit, that that will all work. " Mr. Garovitz continued, "The lighting and the landscaping, she probably wasn't aware is dealt with in a great amount of detail as we were made to do in the Agreement. On the rented fence, we have provided for reimbursement. We have capped it at a thousand dollars. I don't know what the bills were, but I remember hearing once they were about a thousand dollars, so I didn't want to stipulate to anything and then find out we owe somebody ten (10) grand for a fence, but, my understanding is, that was about right. And I think she asked a question about a brick wall in the back and the answer is yes, the brick in the back will be landscaped on our side and on their side, it will be the same brick as you see on the renderings." Mr. Lee Chotas, Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, PA., Post Office Box 2346, Orlando, Florida: as the legal representative for Cumberland Farms, Inc., Mr. Chotas spoke on this issue currently before the City Commission for a decision. Commissioner Martinez stated, "I would like the record to indicate that Mr. Chotas telephoned me today for the purposes of discussing this issue - and it was unsolicited - and the letter that came from the Homeowner's Association was also unsolicited." Mr. Chota~ remarked on this case and the process. Tape 2/Side B Deputy Mayor Gennell inquired "Who is responsible for the lift station back there in Hacienda Village?" Manager McLemore said, "I would need to talk to Kip [Lockcuff] or one of the Utility people." Discussion ensued on whether it was public or private. Further discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 15 OF 24 Commissioner McLeod asked Attorney Garganese for his views on this issue. Attorney Garganese stated, "The Commission has the discretionary authority to approve pre-suit Settlement Agreements, which this is. Further, under your State Road 434 Redevlopment guidelines, it is encouraged that Development Agreements be entered into. This Agreement is consistent with those guidelines. Furthermore, regarding Development Agreement's, as you know, generally Development Agreement's are a good means in which to eliminate uncertainties in development. We have historically as well as practically every City I would gather in the State of Florida, have entered into Development Agreement's which approve concepts which - must further comply with the site plan and engineering processes approved by the governmental agency. This Agreement is no different than that. It approves conceptual site plans, conceptual landscaping plans and the processes of the City of Winter Springs must still be complied with, and the Agreement states that." Much discussion. Commissioner Miller spoke about Impact fees and added, "We still don't have $44,600.00 in Impact Fees." Commissioner Miller then spoke about the Liens that have been pla.ced against the property and what will transpire in the future. Manager McLemore spoke on the record about the merits of Development Agreements. Tape 3/Side A Commissioner McLeod commented on the record that if this Agreement goes forward, that the hours of operation should be included in the Agreement. Mr. Garovitz stated that "The hours of operation originally were, and still are 6 to 11, and we would be happy to include that in the Developer's Agreement - 6 a.m. to 11 p.m." Further discussion. Mr. Garovitz then stated, "I agree with all the changes your City Attorney made. I agree with all the changes that your City Manager made. I would agree with Mr. McLeod's comment that we could limit the hours of operation from 6 a.m. to 11 p.m." Mr. Chotas again addressed the Commission and spoke of lawsuits. "I WOULD LIKE TO MAKE A MOTION - THAT MOTION IS THAT WE DO APPROVE THE APPROVAL OF A DEVELOPMENT AGREEMENT WITH AVA ANTHONY, INC. TO INCLUDE COMMENTS - FROM OUR ATTORNEY AND CITY MANAGER, AS AGREED TO BY AVA ANTHONY, INC.'S ATTORNEY TO CONSTRUCT A GAS STATION AND CONVENIENCE STORE AT THE CORNER OF HAYES ROAD AND STATE ROAD 434 AS PART OF A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 16 OF 24 SETTLEMENT AGREEMENT WITH A DEVELOPER, RELATIVE TO VESTED RIGHTS, INCLUDING CONCEPTUAL SiTE DEVELOPMENT, BUILDING AND LANDSCAPE PLANS AND THAT THEY WILL FOLLOW THROUGH BY GOING THROUGH ALL THE PROCESSES ANY OTHER DEVELOPER WOULD; AND COME BACK THROUGH P AND Z AND LAND DEVELOPMENT." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER MARTINEZ SPOKE FOR THE RECORD ABOUT STAFF'S INPUT AND VESTED RIGHTS. MANAGER McLEMORE SPOKE FOR THE RECORD ABOUT STAFF'S WORK ON THIS PROJECT. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. Attorney Garganese stated, "If the Commission doesn't want to consider entering into an Agreement, then the applicant has the ability to proceed with the vested rights determination, which would be held at a later date." REGULAR E. Office Of The City Manager Requesting The City Commission To Review The February 2002 Letter From John Ferring Of The Winter Springs Civic Association Regarding Discontinuance Of The Associations Sponsorship Of The Annual Christmas Parade And To Provide Appropriate Direction. Mayor Pmtyka stated, "There are three (3) service organizations in this City - Rotary, which handles the 4th of July - the Lions which handles the Art Festival" and Mayor Partyka suggested that perhaps the Kiwanis could assist with this event. Mayor Partyka explained that he had contacted the President of the Kiwanis Club earlier today and asked if they would consider handling the City's Holiday Parade. Mayor Partyka added, "He said yes - he would take it to their Board and at least discuss it and bring it back to the Commission. " Commissioner Blake suggested, "Perhaps the BOWS Board [Beautification of Winter Springs Board] might be able to be involved with this to some degree as well." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25. 2002 PAGE 17 OF 24 With brief discussion, Members of the Commission noted that they were in agreement that the parade should continue. Mayor Partyka added, "We'll pass that on, and perhaps I will suggest to the Kiwanians that they should potentially use the resources of the BOWS Board and any other groups that are around there." VIII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese advised the Commission that the Georgetowne Homeowner's Association has submitted for review an amendment to their Declarations and Covenants and there appears to be some inconsistencies." Attorney Garganese asked "Whether the City Commission wanted to approve the amendment or does the Commission want us to do it un a Staff level?" Commissioner Blake mentioned that "This is another example of 20-357. Section (12) I believe, that we have had on our list of things to do for an extended period of time - this is a PUD." Commissioner Blake stated, "I don't have any problem with the City Manager doing it, but we need to address that section of the Code as it pertains to PUD's and figure out where the zoning law is and who is in charge of it." Deputy Mayor Gennell stated, "I am in favor of continuing that protection for the residents." Commissioner Martinez said, "I would like to recommend that the minor changes requested by any such HOA [Homeowner's Association] be handled by the City Manager and his Staff. Any changes dealing with the items that Commissioner Blake suggested, such as land use, etcetera be brought before the Commission and that they be instructed to that effect, so they don't make any mistakes." Attorney Garganese then said, "I just need to know whether you want me to bring an Agenda Item for approval?" Deputy Mayor Gennell stated, "I move that he brings the Agenda Item." Mayor Partyka asked, "Everybody agrees to that - consensus? Okay. Go ahead." Attorney Garganese further clarified, "Then just Unit 2 will show up for approval and the other two (2) units - they notice the City and under their documents - would be considered approved." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 18 OF 24 Regarding the Reece property, Attorney Garganese stated, "I have gone ahead and prepared an Ordinance for Staffs consideration - proposing an adoption of an 'Industrial Zoning District' which would be pure Industrial uses." Attorney Garganese also said that he would be forwarding a copy to Members of the Commission. REPORTS B. City Manager - Ronald W. McLemore Manager McLemore advised the City Commission of his recent meeting with Shane Doran (of the James Doran Company) and their visit last week to "Cityplace" in the West Palm Beach area. REPORTS C. City Clerk - Andrea Lorenzo-Luaces City Clerk Andrea Lorenzo-Luaces asked for clarification from the Commission regarding, "Do you all wish to be contacted when a late Agenda Item or Attachment is placed in your mail box." The consensus was that the Commission wished to be notified of such. REPORTS D. Commission Seat Four/Deputy Mayor - Cindy Gennell Deputy Mayor Gennell said to Attorney Garganese that several Commissioners had requested that "When we have an agreement before us that you have reviewed, that you sign off - that there be a line for you to sign off on it somewhere - that you have reviewed it." Attorney Garganese responded, "No problem." Regarding the "Seminole County Archeological Survey" that has been given out, Deputy Meyor Gennell asked that the Commission keep their copy handy as Deputy Mayor Genn~ll will be bringing this subject back for further discussion. Deputy Mayor Gennell next addressed her vote on the Ava Anthony, Inc. issue discussed earlier this evening. Discussion followed on what Commissioner Blake intentions were regarding the "Mary Norton Memorial Desk." With discussion, it was clarified that it would be the same desk, but with a plaque on it. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 190F24 REPORTS E. Commission Seat Five - David W. McLeod Commissioner McLeod spoke of Section 6-84. of the City's Code of Ordinances (page 372) an.d said that this Code does not allow the building of detached garages, as per the Building Department. Tape 3/Side B Commissioner McLeod asked, "If this is something we could have an answer to by the next Meeting?" Commissioner McLeod then said, "If that's the case, then bring us back an Ordinance" - to allow the building of detached garages. Mayor Partyka said, "I believe that this Commission is in agreement for the research - and then if it is appropriate, if it doesn't make sense, to bring this back to the Commission and let this Commission make the decision." Commissioner McLeod added, "I would hope that I will get a phone call and we could do th2t perhaps by the next Meeting." On another issue, Commissioner McLeod advised the Commission about a resident who called with concerns about pets and that "Their neighbor was bringing relatives pets in - for the weekend." Discussion followed about this situation, pets, barking, and the boarding of animals. REPORTS F. Commission Seat One - Robert S. Miller Commissioner Miller inquired when !udge Bravo's ruling might be available on the "Dog barking citation case?" Brief discussion. Commissioner Miller then commented on animals and related Ordinance(s) and suggested "Changing it to an Ordinance pending on pets." Commissioner Miller then said, "When Judge Bravo eventually gets around to ruling, this changes the Ordinance that we want brought back to this Commission - is that not correct?" With brief discussion, Commissioner Miller added, "There is something that is going to come back to us - that's what I wanted to make sure of." Commissioner Miller handed Attorney Garganese an Ordinance from the City of Port St. Lucie, which deals with barking dogs. "An Information Item at the next City Commission Meeting or the one after, on the status of the Tree Bank operation" was requested by Commissioner Miller. Commissioner Miller stated, "I would like to see how many trees have been cut down in the development of projects that have been going on; how many have paid into the bank; how many are being replanted elsewhere; whether we have made any concessions to people CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25. 2002 PAGE 20 OF 24 that are Developers because it's a trade-off between the quality of development and the trees that they would normally pay for, like everybody else does." Commissioner Miller requested that the Agenda Item be "As comprehensive as you can make it." Commissioner Miller added, "I would also like to see the City Attorney work on some wording for - an Ordinance to address the dumpsters in the City, which are not enclosed. There aren't too many of them, but it would really do us well if we could pass an Ordinance that would in so many months, those remaining dumpsters have to be enclosed - fenced, either with a brick wall or a stockade fence, or whatever." Commissioner Miller added that Manager McLemore was aware where these dumpsters were located. "MOTION TO EXTEND - HALF AN HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Further, Commissioner Miller stated, "I would like to see an Informational Item too from the City Manager on plans to move Public Works at some point in the future" and in what year this might be completed by. Regarding the previous request for an Ordinance to deal with fencing in dumpsters, Commissioner Blake asked that the City Attorney check to see whether an Ordinance might already be in place. Deputy Mayor Gennell agreed that there was a need for this type of an Ordinance and said that there were related problems at Public Works and at a Fire Station - which "Is actually on the right-of-way - it's so far out in the street, it's in the street. So, it needs to be moved back and treated the same way as the ones in the residential area." Commissioner Miller commented on what the Utility Billing issues currently were. Manager McLemore stated, "I would be happy to get you another report on that - as to the status of it." Commissioner Miller said, "Thank you." .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS ALSO GIVEN. .:. .:. VIII. REPORTS CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 21 OF 24 REPORTS E. Commission Seat Five - David W. McLeod Commissioner McLeod asked why the Mayor and Commission's parking spaces had been moved. Discussion. The consensus of the Commission was to have the Mayor and Commission's parking spaces moved back to the front of City Hall. Mayor Partyka stated, "You are going to have to move it again Ron." .:..:. AGENDA NOTE: THE REMAINING REPORTS WERE CONTINUED WITH. .:. .:. VIII. REPORTS REPORTS G. Commission Seat Two - Michael S. Blake Commissioner Blake asked about the bridge and said, "Do we have any indication, any communications at all from whoever is doing that project, as to when that bridge will be started, and when it will be finished?" Manager McLemore stated, "I can get the time frame on it." Commissioner Blake said, "I would appreciate that." Regarding the construction of the Trail through the Town Center, Commissioner Blake inquired who was doing that. Manager McLemore stated, "I think the County is building the entire section to our standards." Commissioner Blake also inquired "When will that commence?" Manager McLemore stated, "I will get you that time frame also." Commissioner Blake commented on the High School being a part of our community and mentioned some of their recent accomplishments. Commissioner Blake then suggested something similar to what is being done for former City Clerk Marty Norton - "Someplace in the Town Center, where we can recognize all of these different types of achievements and it could go as well for other types of groups." Commissioner Blake suggested that this could also apply to Elementary Schools, Middle Schools, Boy Scouts, and Girl Scouts. Next, Commissioner Blake mentioned a recent case - the City of Tampa's "Voyeur Dome" \Vebsite and a similar case in the Lake Brantley area. With discussion, Attorney Gargancse remarked on his comprehensive re-write of the Adult Entertainment Ordinances and siting identified in Adult Entertainment Ordinances. In terms of Commissioner Blake's previous suggestion to note accomplishments somewhere in the City, Deputy Mayor Gennell spoke of marquee signs and said, "Maybe we need re-visit whether we want a marquee somewhere." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 22 OF 24 REPORTS H. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez commented on the Ava Anthony, Inc issue and his vote. Next, Commissioner Martinez mentioned that there was an article in the February 20th Orlando Sentinel and explained that the article said: "I'm ticked off at the Winter Springs Code Enforcement Board. I called to report man who walks his dog and doesn't pick up his droppings. I was told to take a picture of this or they could not do anything. I thought this was their job." Commissioner Martinez then stated that "Enforcement is a 24 hour process" and added - "You have to go out there and do what you have to do to avoid these kind of comments in the newspapers." Commissioner Martinez next spoke of his sincere desire to have some kind of transportation for the City's Senior Citizens. Discussion. Commissioner Martinez said, "I suggest to you that you make every effort possible - to see to it that we work out something to provide transportation to those people." Mayor Partyka asked, "Does this Commission want to put this on an Agenda for further discussion?" The consensus of the Commission was that this be done. The February 7, 2002 Minutes of the Central Winds Park Expansion Ad Hoc Advisory Conm1ittce Minutes were discussed in terms of discussions between Advisory Board Members conversing with City Commission Members. Commissioner Martinez spoke for the record about such a conversation noted in the February 7, 2002 Minutes. Attorney Garganese clarified that "Advisory Board Members can contact City Commissioners and talk to them - they can't talk with another Advisory Board Member, unless it is a noticed Public Meeting." Further discussion. Commissioner Blake said for the record that he had not recently spoken to Central Winds Park Expansion Ad Hoc Advisory Committee Member Tim Johnson. .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS ALSO GIVEN, AS DOCUMENTED. .:. .:. VIII. REPORTS REPORTS F. Commission Seat One - Robert S. Miller CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25. 2002 PAGE 23 OF 24 Commissioner Miller commented about his service on the "17-92 Redevelopment Planning Agency (RP A)" and commented that Lynx will be visiting different cities for funding assistance. Commissioner Miller stated, "I will give this all to Mr. Carrington [Charles Carrington, AICP, Community Development Department Director] and he can bring this back to us in some order - or what it is going to cost." .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS HEARD NEXT, AS DOCUMENTED. .:. .:. VIII. REPORTS REPORTS I. Office Of The Mayor - Paul P. Partyka Mayor Partyka briefly mentioned some of the City's Board Members that he has spoken to. .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS ALSO GIVEN. .:. .:. VIII. REPORTS D. Commission Seat Four/Deputy Mayor - Cindy Gennell Deputy Mayor Gennell commented about an upcoming CALNO (Council of Local Governments in Seminole County) Meeting and asked if any Member of the City Commission was interested in possibly being nominated to serve on the Seminole County Expressway Authority. No Member of the Commission stated that they were interested. IX. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. THE CITY COMMISSION AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 24 OF 24 Mayor Partyka adjourned the Meeting at 11 :28 p.m. R SPECTFULLY SUBMITTED: ! ....::: ~- ,~ ~<:.\ ~"-- " J NOTE: These Minutes were approved at the March 11,2002 Regular City Commission Meeting.