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HomeMy WebLinkAbout_2000 02 14 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING FEBRUARY 14,2000 I. CALL TO ORDER The Regular Meeting of February 14, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:33 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, absent Commissioner Robert S, Miller, present Commissioner Michael S. Blake, arrived at 6:35 p.m. Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present Commissioner Michael S. Blake arrived at 6:35 p.m. A moment of silent prayer was followed by the Pledge of Allegiance. Mayor Partyka noted that the following changes have been made to the Agenda - Regular Agenda Item "D", Regular Agenda Item (Add-On) "F", and Public Hearings Agenda Item "B" will be discussed in that order, as group, at the end of the Informational Agenda. Mayor Partyka also stated that there will be a separate vote on Consent Agenda Item "A", and Consent Agenda Item "1". Mayor Partyka then stated, "I also would like to make a very special, special announcement. I think it is worth while to talk about good things and this is before we get into presentations, but I would like to congratulate, on behalf of the City and behalf of the City Commissioners - Joanne Dalka, who is the head of our Computer department. She had a baby girl on Friday, I believe. Is that correct"? Mayor Partyka continued, "Joanne, for everybody's attention has been in a hospital bed for the past four (4) months, because of her unusual situation and pregnancy; and she was told to be off her feet, and lay in bed. And during that entire time, she had conducted business for the City, tried to do her work, conducted meetings in the hospital room - and literally was putting an Agenda together for us, here - when she was called to have a baby. So, I want to give her a special commendation on that one, and I don't know - we'll give her something, in terms of maybe a Mayoral commendation or something nice - but I just want to note that for the record". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 2 of 19 Presentations . ADD-ON Chairman Robert Dallari Of The City Of Oviedo City Council Will Give A Presentation To The City Of Winter Springs City Commission On Additional City Representation To The Metroplan Orlando Organization. Chairman Robert Dallari was not in attendance, therefore, no presentation was given, II. PUBLIC INPUT Ms. Barbara Aikens, 119 Brookshire Court, Winter Springs, Florida: mentioned her interest in the City keeping the planned park in the Winding Hollow subdivision. Miss Angela Aikens, 119 Brookshire Court, Winter Springs, Florida (8 years old): spoke about also wanting the park to be built in the Winding Hollow subdivision, and that since she lives close to the planned park, she would be able to go to the neighborhood park often, Mr. Pat Cucci, 755 Sybilwood Circle, Winter Springs, Florida: asked the City to permit practice times and usage of the fields at a suitable site for a start-up football league. Mr, Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: spoke about local children being pro-active in finding a coach to help them. Mr. Bill Fernandez, 250 Panama Road East, Winter Springs, Florida: spoke on behalf of the Ranchlands Home Owner's Association and thanked the City of Winter Springs and especially Mr. Alan Hill, Public Works Superintendent for his assistance with their recent Home Owner's Association meeting and a donation of twenty (20) trees and related information. Mr. Gene Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: stated, "I'm here tonight to read into the record at tonight's Commission meeting, the following - it has to do with the Circuit Court of the Eighteenth Judicial District of in and for the State of - Seminole Counties, Florida, The City of Winter Springs Florida, municipal Corporation, a public body, corporate and political in the State of Florida as the Plaintiffs versus The State Of Florida, And The Taxpayers, Property Owners And Citizens Of Winter Springs, of Florida Including Non-Residents Owning Property and Subject To Taxation Therein as the Defendants - , and I just want to read you the very last part of it - just for the record, this is the result of the Bond Validation - Order of the Judge - one, the Complaint to validate the 'Bonds' as being the same as here is denied and the issuance of said Bonds is declared an invalid exercise of municipal powers of the City of Winter Springs, Florida, for the reasons set forth herein, Done and ordered in the Chambers of Sanford, Seminole County, Florida, the 28th day of January of the year 2000. Circuit Court Judge Gene Stephenson". Mr. Lein further discussed information CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 3 of 19 that had been printed in local publications; monies being spent; and information that is being disseminated. Ms, Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida and Mr, Roger Cooper, 313 Twelve Oaks Drive, Winter Sprigs, Florida: as residents of the Oak Forest and Winding Hollow subdivisions respectively, they discussed portions of Parcel "A" and Parcel "B" as being part of a proposed nature trail, and that such lots would not be an interference to any of the area homes, or an eagle's nest. Ms, Krebs and Mr. Cooper delivered a number of petitions from both subdivisions to the City Clerk. Further discussion with members of the Commission and Mr, Ronald W. McLemore, City Manager covered what else could be done to promote this effort; getting this on an upcoming Agenda; and whether a special meeting or some kind of a forum should be held, possibly at Winter Springs High School. The consensus of the Commission was that (both sides of) this matter should be discussed at the February 28th, 2000 City Commission Meeting, Ms, Krebs and Mr. Cooper were advised that they help spread the word in both of their communities. Mr. Edward Griffith, 190 Tuskawil/a Road, Winter Springs, Florida: spoke of Ordinance Number 2000-03 and suggested that this would be very beneficial for both owners and animals; and he hoped that this would be more a "workable Ordinance, not a punitive Ordinance". Mr, Griffith also offered several suggestion for getting members of the community involved, and how to keep the area clean. Mr. Joe Pope, 212 Springview Court, Winter Springs, Florida: spoke in favor of the proposed trail/park in the Winding Hollows subdivision, and hoped that we move forward. Brief discussion ensued on vehicles illegally being on the "path"; barricades; and emergency vehicles. Mayor Partyka asked Manager McLemore to remedy this situation, Mr, George Barcus, 50 Tarpon Circle, Winter Springs, Florida: discussed "Project Graduation" which is underway at Winter Springs High School, scheduled for May 24, 2000. He asked for the endorsement of the Commission regarding emphasizing an alcohol-free environment for the 400 graduating seniors, The consensus of the Commission was to issue some kind of a letter or Proclamation in support, and Mayor Partyka stated "We'll get that out right away". Richard Grogan, 697 Aberdeen Lane, Winter Springs, Florida: "I came here tonight to thank a lot of people in the City here for what just occurred this week, First of all, Paul [Mayor Paul P. Partyka], I want to thank you very much for bringing this idea to the Commission. I want to thank the Commission on this dedication of the building, as being CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 4 of ] 9 the first City Hall and the first historical site of Winter Springs. I want to thank the Commissioners who voted for this to go forward, I want to thank Andrea [Ms. Andrea Lorenzo-Luaces, City Clerk] for the certificate that she probably had a lot of input in on putting together that I can display to the public, I want to thank Kip [Mr. Kipton D, Lockcuff, Public W orksfUtility Director] for his Department to come down and do a real nice monument that they did there, and I would like to also thank the Department Heads that came that day, and Commissioner Martinez [Commissioner Edward Martinez, Jr.] for showing up for the great unveiling", Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: discussed her concern with preserving areas zoned for recreation within the City, and in Central Winds Park. Ms, Scarlata spoke of a petition of approximately 109 signatures (and later delivered it to the City Clerk). Ms. Scarlata also spoke of trying to get deeds to Central Winds Park. Brief discussion ensued regarding deeds and a plat of Central Winds Park. Manager McLemore mentioned that he would check into this matter and have the City Attorney look into this matter. Commissioner Blake and Attorney Anthony A. Garganese discussed zoning classifications in respect to the Comprehensive Plan, Ms. Scarlata asked for a copy of the dedication to the Park, when available. III. CONSENT B. Community Development Department - Code Enforcement Division Requests The City Commission Review Information Related To The Landscape Plan For Courtney Springs Apartments. C. Community Development Department - Code Enforcement Division Requests The City Commission Review Information Concerning Golf Terrace Apartments, Phase II. D. General Services Department Requests The City Commission Authorize The Execution Of A Contract For Physician Services With Florida Physicians Medical Group, 661 East AUamonte Drive, Suite 115, AUamonte Springs, Florida 32701. E. Public Works Department Requesting Authorization For The Contract Renewal With The Florida Department Of Transportation For Maintenance Of State Road 434. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 5 of 19 F. Utility Department Requesting Authorization To Execute Amendment 14 For Consulting Engineering Services With CPH Engineers, Inc. G. Utility Department Recommending The City Commission Authorize The City Manager To Grant A Utility Easement To Florida Power Corporation Through Sam Smith Park. H. Fire Department Requesting Authorization To Lease Purchase An Emergency Medical Care Vehicle. J. Office of the Mayor Resolution Number 2000-04, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Ronald Warble For His Service On The Board Of Trustees. K. City Clerk's Office Approval Of The Minutes Of The Regular Meeting Of January 24, 2000. "MAYOR, I MAKE A MOTION TO APPROVE THE CONSENT AGENDA, WITH THE EXCEPTION OF ITEM 'A' AND ITEM 'I"'. MOTION BY COMMISSIONER BLAKE. Mayor Partyka temporarily suspended the meeting. COMMISSIONER BLAKE REITERATED HIS MOTION (AS ALL COMMISSIONERS WERE PRESENT ON THE DAIS), - "TO APPROVE THE CONSENT AGENDA, LESS ITEMS 'A' AND 'I"'. MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) AGENDA ITEMS WERE TAKEN OFF THE CONSENT AGENDA FOR A SEPARATE VOTE. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 6 of 19 III. CONSENT A. General Services Department Requests That The City Commission Authorize The Purchase Of Selected Replacement Furniture For The City Commissioners' Office Through Thomas W. Ruff And Company, 911 South Orlando Avenue, Maitland, Florida 32751. Commissioner Blake inquired as to when the lights (for the dais) will be installed. Commissioner Blake stated, "Mayor, on this Item, this is about the storage furniture for the Commission's office - I can't support this, This is two thousand dollars ($2,000.00) - I think we could do something for a few hundred dollars, and get the job done, or just leave it like it is". Commissioner Edward Martinez, Jr. added, "I asked that it be pulled for a separate vote and discussion, 'cause I feel the same way, Maybe, Public Works can design a pigeonhole for our mail to go into". "I'LL MAKE A MOTION WE DISAPPROVE ITEM' A' - DENY IT". MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka clarified, "The Motion passes - which you will not get authorization for that". III. CONSENT I. City Attorney Requesting The Commission To Formalize A Decision To Appeal The Decision Of The 18th Judicial Circuit Court Relative To Case Number 99-CA-2212-16a (Bond Validation) "City Of Winter Springs v. The State Of Florida". "MAYOR, I MAKE A MOTION TO DIRECT THE CITY MANAGER AND CITY ATTORNEY TO APPEAL CASE NUMBER 99-CA-2212-16a (BOND VALIDATION CASE)". MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 7 of 19 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. IV. INFORMATIONAL A. General Services Department Wishes To Advise The City Commission That Steps Have Been Taken To Enhance The Use And Effectiveness Of Cellular Telephone Service Through BellSouth Mobility. B. Community Development Department - Planning Division Requests The City Commission Review The Following Information Regarding Concurrency Management Related To The Parks System. Staff Desires To Make A Short Presentation On This Item. C. Parks and Recreation Department Notifying The City Commission Of The Status Of The Florida Recreational Development Assistance Program Grant Regarding Trotwood Park. D. Police Department Requesting The Commission To Review The Most Current Speed Traffic Count Information Below Indicating The Effect Of Traffic Calming On City Streets. E. Information Services Wishes To Update The Commission On The Progress Of The City's Upcoming Web Site. Mayor Partyka said, "I would be looking for a Motion to approve the Informational Agenda - 'A', 'C', 'D' and 'E"'. "SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. THERE WAS BRIEF DISCUSSION ABOUT THE "AT&T" SERVICE PLAN; THAT THE CITY WAS NOT ENDORSING THE SELECTED VENDOR; AND THE USE OF THE "STAR EXPRESS NUMBER". Mr, Gene DeMarie, General Services Director explained the "Star Express Number" by saying - "Those people who are already BellSouth Mobility customers that have BellSouth phones; if they are travelling throughout the State, or anywhere throughout the State they can hit star (*) and then, it will be '973' [*973 (star 973)], by the way - will be CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 8 of 19 the 'Star Express Number'; it hasn't been activated yet, but they can reach City Hall, but they have to already be a BellSouth Mobility customer". VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS HEARD SEPARATELY. .:..:. IV. INFORMATIONAL B. Community Development Department - Planning Division Requests The City Commission Review The Following Information Regarding Concurrency Management Related To The Parks System. Staff Desires To Make A Short Presentation On This Item. Mr. Thomas Grimms, AICP, Comprehensive Planning Coordinator gave a brief presentation on this subject. "MOTION TO ACCEPT THE PRESENTATION". COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. MOTION BY VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING DEALT WITH CONSENT AGENDA ITEM "J". .:..:. Mayor Partyka read into the record Resolution Number 2000-04, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Ronald Warble For His Service On The Board Of Trustees, (See Attachment "A"). Tape IISide B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 9 of 19 .:..:. AGENDA NOTE: MAYOR PARTYKA SAID THAT THE NEXT AGENDA ITEMS WOULD BE HEARD IN THE FOLLOWING ORDER - REGULAR AGENDA ITEM "D", THEN REGULAR AGENDA ITEM (ADD-ON) "F", THEN PUBLIC HEARINGS AGENDA ITEM "B". .:..:. VI. REGULAR D. City Manager Updating The Commission On The Status Of The Relocation Of The Cross Seminole Trail In The Town Center, And Office Of Greenway And Trails $4,988,000 Appropriation Grant To Purchase Greenspaces In The Town Center And To Request Direction. Mr. Charles Carrington, AICP, Community Development Director spoke of details directly related to this Agenda Item. Discussion ensued regarding the Office Of Greenway And Trails (OGT), Preservation 2000 monies; ranking order; monies spent to acquire greenspace; related funds; expediting this process; the various presentations that have been made; the approval process; and why there may only be enough money to assist with Hickory Park at this time. Manager McLemore and members of the Commission discussed whether it would be better to reapply next year. Further discussion followed regarding still trying to reach an agreement; the contract with Dover, Kohl and Partners; interaction between Michael Design and Associates; changes to the delineation; the location of the Trail; final approval by the Governor and his Cabinet for the relocation of the Trail; grant money for Hickory Park; the enhancement of the Trail and how it would benefit Trail users. Commissioner Blake stated, "Point of Order - Clarification, the question that Commissioner asked is due to - about Hickory Park - he needs to understand that the grant money for Hickory Park is contingent upon the approval of the finalization of the relocation of the Trail, which cannot be done until these other things - the appraisal, the survey, the wetlands determination are completed - that's the answer to his question". Mr. Carrington then added, "It is also contingent on the fact that the property that Preservation 2000 buys is for the enhancement of the Trail, and it has to be directly tied to the Trail. That's why we have this long link, that comes down from Hickory Park, down along this road tying to Magnolia Park. So, the key there that you're asking for is linkage - it must have linkage to the Trail". Members of the Commission, Manager McLemore and Mr. Carrington discussed the expiration of the Wetlands survey; the' Schrimsher organization; needing a Corps of Engineers delineation; negotiations; progress; how long we have been working on this effort; postponements; losing money; appraisal and survey applications; the "Corps CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 10 of 19 Jurisdictional Line"; whether other steps could have been taken; the involvement of the County and related delays. COMMISSIONER BLAKE STATED, "I'D LIKE TO MAKE A MOTION TO LAY THIS ON THE TABLE". MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MOTION DID NOT CARRY. Mr. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: spoke about the wetlands; the original plan; timelines; and a discussion with Ms. Samantha Brown of the Office of Greenway and Trails (OGT), Mr. Grindstaff added, "If Anthony disagrees, I would like for Anthony to just say so now". Attorney Garganese replied, "I did speak with Samantha Brown, and Mr. Grindstaff on this issue and I'm a little unclear at this point - what is really required to go forward with this grant. As I see it, you have a couple of issues - you have Hickory Park, which Ms, Brown says, basically is a stand alone issue; they do not require - to relocate the Trail... ". Mr. Grindstaff added, "On the west side of the road, like you were saying". Attorney Garganese then said, "If you follow through with Mr. Miller's logic it's completely on the opposite side of Tuscawilla Road; it's removed from Wetlands Park; and it's removed from the Trail", Manager McLemore stated "Let me state for the record - that is not what I personally have heard represented by the staff', Mr. Michael Schrimsher, 600 East Colonial Drive, Orlando, Florida: discussed the line and having it revalidated. Mr. Carrington added that he has had no meetings with Samantha Brown, and he has not been in contact with her. Commissioner Martinez stated, "I agree to Table this for - temporarily, until we discuss the rest of the package and at that time, I'll make a decision on all of the Items". Mayor Partyka added, "I'll accept another Motion to Table", CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page II of 19 MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka added, "We'll Table this until some future part of the meeting, when it's appropriate to discuss this again". VI. REGULAR ADD-ON F. City Manager City Manager Requesting The Commission To Review And Provide Direction Regarding The Approval Of An Agreement With Schrimsher Properties Relative To The Town Center District Code. Attorney Garganese briefly spoke about the Town Center District Code. Tape 2/Side A Manager McLemore was asked for his recommendation, and Manager McLemore replied that he would like direction from the Commission, after they hear all the information. Some of the "outstanding issues" dealing with a final agreement with Schrimsher Properties, includes the "location of Spine Road - a major collector road that runs through the Schrimsher Property that connects 434 to Tuscawilla Road", Further discussion included the three possible routes that could possibly qualify as a collector road; effects on the Town Center; related costs; issues; and "kick-starting the development", The following items were identified as issues: 1: The location of Spine Road 2: The "Schrimsher's have to verify the costs of the sewer and water line that will be run to the boundary of their property", 3: Six (6) small neighborhood parks. 4: Cross Seminole Trail realignment. 5: St. Johns Landing Wall Buffer. - 6: "The issue relative to the recapturing of costs, through the connection fees". Discussion ensued on the status of the negotiation process and progress. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 12 of 19 Commissioner Miller stated "Just for the record, then - I feel very comfortable about going forward right now, and letting all these details be worked out after we have approved the Town Center Ordinance". Commissioner Miller then added, "I just wanted to read it into the record, because it again - it deals with this entire document, that was crafted in 1998 - two (2) years ago, and it says, the build-out drawings on page ten (10) of this Code; page six (6) adopted Master Plan shall serve as a guidance to the Development Review Committee, with regard to the City's intent for the land development of the Town Center, which images as contained in this Code, permit to demonstrate the character of the Town Center by illustrative purposes only. The accompanying text and numbers are rules that govern the permitted development and that latter sentence deals with the actual widths of the streets, and the height of buildings, and such - but doesn't specify where the building is going to be or where the streets are going to be, or where the sewer is going to be or where the parks are going to be", Mayor Partyka called a break at 8:59 P.M. The meeting was called back to order at 9: 16 P.M by Mayor Partyka. Manager McLemore spoke about the Trail realignment issue as it was it in the original plan, and added that "What is being proposed by the Schrimsher's is to move the unpaved portion - that unpaved portion to the edge - the eastern edge of Wetland Park". Discussion ensued regarding the impacts of several parks, and separating the horse Trail from the people Trail. Michael Schrimsher, 600 East Colonial Drive, Orlando, Florida: spoke of his personal preference for the location of the Trail; the current alignment; the new alignment; and Trails for horses. Mr. Schrimsher then said, "I think it also should be noted that the current Trail that is supposed to be a multi-use Trail that exists, does not have a separate horse Trail. They have a place to park horse trailers, and they have a little horse path alongside the paved path until, just on the - but, once you reach the main line and decide whether to go toward Oviedo or Winter Springs, if you're on horse, you've got to ride on the asphalt Trail, or ride along the edge of it - basically, on the side of the road - with no separation whatsoever between you and kids on bikes, kids on roller blades, ladies pushing baby strollers, so this is the only place in the whole place in the whole Trail that I know of where you., ,", Commissioner Blake stated, "Just for the record, and you'd be hard pressed to find somebody in here that's on the Trail more than I am, It actually goes through the back of my neighborhood". I tell you there are areas of the current Trail where horses and paved area are adjacent to one another, but the majority of it, the horses are actually quite well removed from the paved portion, through another blazed Trail that is unpaved that does parallel it within the corridor that horses go on, and I've been on much of that! So, that does exist". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 13 of 19 Discussion followed regarding the "squaring off' of certain property; uplands; Wetlands Park; previous designations; two-for-one acreage swap; easement crossings; the benefit to the Schrimsher property; road crossings; and whether the wetlands were connected, Tape 2/Side B Further discussion ensued on dedications; monies involved to possibly purchase these lands; the Trail realignment; the wall requirement; the alignment of Spine Road; which road would be most beneficial; monetary concerns; negotiations; the first choice (which is the Staffs preference) at a suggested $900,000, the preference of the Schrimsher's at approximately $1.1 million dollars, and the third option which came in at about $1.4 million dollars; and fee simple title for ownership of area parks. Mr. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: spoke about wetlands; more flexibility; special exceptions; which parks were preferred; the legal descriptions of certain parks; and the "geometry" of the design, Manager McLemore, members of the Commission, and Mr. Grindstaff discussed green space; the defining of park spaces; incentives for those involved first in the project that this is to be a "walkable" community; changes to the plan; developing the parks; water and sewer charges; impact fee credits; long term improvements; and credits for compliance with the Ordinance, Discussion ensued on what has been discussed; the current time which was 11:45 p.m.; whether matters could be resolved in the remaining time; or if another meeting should be considered, Manager McLemore stated, "I'm not sure we can't cut this deal tonight - to be honest with you". Mr. Grindstaff replied, "I'm fairly confident, we can't cut it tonight, but, I think, I'm quite confident that we cannot cut it tonight, ok", Discussion. "I'D LIKE TO MAKE A MOTION TO EXTEND THE MEETING FOR ONE (1) HOUR PLEASE". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 14 of 19 Commissioner Blake stated, "We now have a quandary that I mentioned long before we were doing the rules, and that is, we cannot adjourn without a Motion and Approval", Discussion, Tape 3/Side A "I MAKE A MOTION TO EXTEND THE MEETING FOR HALF AN HOUR". MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Blake stated, "Point of Order, if I may, Sir. We have, I believe, if I'm correct, two (2) other Public Hearing's Items, which have been advertised, and if it's possible I would suggest that we try to get to those tonight". Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Bill Fernandez, 250 Panama Road East, Winter Springs, Florida: discussed the close proximity of the horse Trail and the potential problems; improved ridership; Attorney General Opinion Number 080-80; Chapter 316.003 of the Florida Statutes; and his preference for the outside Trail as the safest and best for horses and their riders. Mr. Fernandez also referenced Chapter 588.11 of the Florida Statutes which pertains to fences. The "Public Input" portion of this Agenda Item was closed. Manager McLemore stated, "Number one, on Spine Road, I think we can agree with the Schrimsher's relative to the middle alignment. I think the thing we need, is to understand that you're getting a better jump-start by doing it that way, They are developers. They have put on the record they think that would be a better alignment for jump-starting the project. Relative to the ten (10) year termination, I think we need to solve that problem; and technically, I think maybe the Attorneys can get together and do that, and define in such a way that it does not impose upon your eventual taking of those parks, On the conveyance of the Parks, I think, again, I feel that we should agree that there is, that we would not take fee simple on these Parks immediately; that we create some language relative to zones and that we would take them by fee simple based on a project by project basis, and movement of those would be contingent upon special exception granted by the Commission on the plan". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 15 of 19 Manager McLemore continued, "On the Trail realignment, I think the Trail realignment should be left alone. On the wall - I think you should retain the wall in there, because I know you're going to have problems with these future developers, coming with land owners, once you start to develop and if we get the intensity - like we said, for single family, it's not a problem, only if it's commercial and only if it's multi-family, should the wall be required", Discussion continued regarding the wall issue. "MR. MAYOR, I'D LIKE TO MAKE A MOTION TO DIRECT THE CITY MANAGER TO FOLLOW THROUGH WITH NEGOTIATIONS WITH THE SCHRIMSHER ORGANIZATION, BASED ON OUR DISCUSSION THIS EVENING". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka stated, "City Manager, you have agreement from this Commission to continue your negotiations and discussions based on the comments". .:..:. AGENDA NOTE: THE FOLLOWING MOTION PERTAINS TO PUBLIC HEARINGS AGENDA ITEM "B" WHICH WAS (BRIEFLY) DISCUSSED NEXT ON THE AGENDA. .:..:. V. PUBLIC HEAIUNGS B. Community Development Department Requests The Commission Consider A Third Reading Of Ordinance 707 Adopting The Proposed Town Center District Boundary And Town Center District Code "MAYOR, I'D LIKE TO MAKE A MOTION TO POSTPONE THE THIRD READING OF ORDINANCE 707 UNTIL THE SECOND - REGULAR MEETING IN MARCH, 2000, PRESERVING ADVERTISING". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 16 of 19 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS NEXT DISCUSSED BY THE COMMISSION. .:. .:. V. PUBLIC HEARINGS A. Community Development Department - Code Enforcement Division Requests The City Commission Holds A Public Hearing For The Second Reading Of Ordinance Number 2000-03 Requiring Animal Owners To Carry And Use Animal Control And Defecation Devices At Times When The Animal Is In Their Control On Property Of Others. Attorney Garganese read Ordinance Number 2000-03 by title only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Tom Waters, J 033 Antelope Trail, Winter Springs, Florida: asked whether the staff had been consulted regarding potential problems, and mentioned his concern with having the Police Department continue to do what they are trained to do, Mr. Bill Fernandez, 250 Panama Road East, Winter Springs, Florida: suggested defining the types of animals specifically included in this Ordinance; and spoke of defecation retrieval devices; safety concerns; Trail etiquette; and impervious surfaces. Mr. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: suggested imposing rules for the various types of Trails, The "Public Input" portion of this Agenda Item was closed. Discussion ensued regarding leash portion of this Ordinance; civil matters; possibly re- writing this Ordinance; various types of leash restraints; less government intrusion; and neighborly consideration. "WITH THAT IN MIND, I'D LIKE TO MAKE A MOTION THAT WE APPROVE ORDINANCE NUMBER 2000-03". MOTION BY COMMISSIONER MILLER. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 17 of 19 SECONDED BY COMMISSIONER MARTINEZ, "ONLY WITH AN AMENDMENT THAT IT HAS TO BE RE- WRITTEN AND IT HAS TO MAKE EXCEPTIONS FOR ANIMALS, SUCH AS HORSES". DISCUSSION. COMMISSIONER MARTINEZ CLARIFIED HIS MOTION, "I WOULD LIKE MORE SPECIFIC LANGUAGE ADDRESSING DOGS ONLY. THIS IS THE BIGGEST PROBLEM IN THE CITY RIGHT NOW". SECONDED BY COMMISSIONER MILLER. VOTE (ON THE AMENDMENT): COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE MOTION DID NOT CARRY. "I MAKE A MOTION TO AMEND IT TO STRIKE SECTION 1. WHICH IS SECTION 1. (b) IN ITS ENTIRETY, SECTION 1. (c) IN ITS ENTIRETY, AND ALL LANGUAGE AFTER THE WORD LEASH, IN SECTION 1. (d), AND TO ADJUST THE TITLE TO REFLECT THE SAME". MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. VOTE (ON THE MAIN MOTION): COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE MOTION DID NOT CARRY. Mayor Partyka clarified that the current law applies. "MAYOR, I WOULD LIKE TO MAKE A MOTION TO EXTEND THE MEETING A SUFFICIENT TIME, TO HANDLE ITEM "C", A PUBLIC HEARINGS ITEM, WHICH WAS ADVERTISED FOR THIS EVENING". MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. Mayor Partyka and Members of the Commission decided to continue this Meeting to the following Monday - Monday, February 21, 2000, beginning at 6:30 p,m. MOTION TO ADJOURN BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY] 4,2000 Page 18 of 19 COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka adjourned the Meeting at 11 :44 p.m, .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF FEBRUARY 14, 2000. .:..:. VI. PUBLIC HEARINGS C. Development Department - Code Enforcement Division Requests The City Commission Holds A Public Hearing For The Second Reading Of Ordinance Number 2002-02 Providing For The Maintenance Of Fences And Walls. VI. REGULAR A. Parks and Recreation Department Requests The City Commission Authorize Increased Pricing Of Concession Products Sold At Central Winds Park, In Conjunction With The Attached Recommended Price List. B. Community Development Department Requests The City Commission Consider Approving An Interlocal Agreement Between The City And Seminole County Providing For Reimbursement Of Up To $83,200 In Community Development Block Grant (CDBG) Funds To Be Spent For Infrastructure Improvements In The Moss Cove Project. C. General Services Department Requests That The City Commission Provide Guidance Regarding Procedures To Be Followed For The Formal Adoption Of The Attached New Personnel Policies. E. City Manager Requesting The Commission To Receive An Update On The Progress Of The Pension Plan R.F.P. And Requesting The Commission To Provide Direction Relative To Continued Action On The R.F.P. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2000 Page 19 of 19 VII. REPORTS A. City Attorney - Anthony Garganese, Esquire B. City Manager - Ronald W. McLemore C. City Clerk - Andrea Lorenzo-Luaces D. Commission Seat IV - Cindy Gennell E. Commission Seat V - David W. McLeod · Appointment to the Board of Trustees (Pension Plan) F. Commission Seat I - Robert S. Miller G. Commission Seat II - Michael S. Blake H. Commission Seat III - Edward Martinez, Jr. · Appointment to the Board of Trustees (Pension Plan) I. Office of the Mayor - Paul P. Partyka Respectfully Submitted By: Andrea Lorenzo-Luaces "' ,\ City Clerk ~~-- " >'- ::- : -- - -- NOTE: These minutes were approved at the February 28, 2000 City Commission Meeting.