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HomeMy WebLinkAbout2000 06 26 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JUNE 26, 2000 I. CALL TO ORDER The Regular Meeting of June 26, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silent prayer was followed by the Pledge of Allegiance. Agenda Changes: After discussion on several Agenda Items, the Commission decided to discuss Regular Agenda Item "D" prior to Regular Agenda Item "A;" several members of the Commission inquired about the attachments to Regular Agenda Item "E;" and wished to ask questions on a couple of other Consent Agenda Items. Consent Agenda Item "A" was pulled off the Consent Agenda for separate consideration, and then after discussion on this, Commissioner Blake stated, "Mayor, I would recommend Consent Item 'A' - that we could turn that into a Regular Agenda Item, and just put it at the end of the Agenda." Mayor Partyka stated, "Okay. Is there a Motion to that effect?" "I'D MAKE A MOTION TO ENTERTAIN THAT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 2 OF 23 Mayor Partyka stated, "Okay. Thank you. That will be moved up to'!, - on the Regular Agenda. " Mayor Partyka noted that Mr. Michael Schrimsher was here to sign an Agreement with the City. A small "signing" ceremony with photographs was then held. Mr. Schrimsher then spoke to the audience about his family's involvement with the community. Presentations Mr. Ronald W. McLemore, City Manager introduced Mr. Dennis Franklin, the City's new Building Official. II. PUBLIC INPUT Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: passed out documents to the Commission, about access to Oak Forest Lake, Ms. Krebs read a document for the record (see Attachment "A") which also included a petition signed by "Homeowners from all homes abutting Oak Forest Lake." Ms. Krebs showed some photographs to the Commission that illustrated several different lots around this lake; and spoke of easement impediments; aquatic plants; and then read a statement from a homeowner. Manager McLemore spoke of visiting the site; and spoke of the best alternative which could solve the problem. Mr. Gene Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: spoke about Resolution 855 and Ordinance Number 704, and appointments to the Tuscawilla Lighting and Beautification District Advisory Committee. Mr. Lein inquired why reappointments were not addressed in the Ordinance, and asked for clarification. Mr. Anthony A. Garganese, City Attorney stated that he would check into this matter. Ms. Ethel Beecher, 1207 Winter Springs Boulevard, Winter Springs, Florida: introduced Ms. Michele Hickey, Executive Director of Safehouse of Seminole and Ms. Patty Page, Special Events Coordinator for Safehouse of Seminole. They gave a brief update on the success of the recent soccer tournament (including approximately 100 teams) which was held at Central Winds Parks. The Commission was presented with a plaque "In support of the ongoing effort you've shown, to help victims of domestic violence in Seminole County." Ms. Hickey and Ms. Page also awarded Mr. Chuck Pula, Parks and Recreation Department Director and Mr. R.T. Hillery, Sports Coordinator, Parks and Recreation Department for their contributions. Ms. Hickey added that "They were phenomenal. R. T. was there night and day. He did anything and everything and was on the spot incredibly and we really want to thank them." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 3 OF 23 Mr. Tom Helgeson, 992 Turkey Hollow Circle, Winter Springs, Florida: As the Chairman of the Oak Forest Wall and Beautification District Advisory Committee, he addressed earlier comments made about access to Oak Forest Lake. .:..:. AGENDA NOTE: WITH DISCUSSION BY THE COMMISSION, THE FOLLOWING AGENDA ITEM WAS TAKEN OFF THE CONSENT AGENDA, AND MOVED TO THE REGULAR AGENDA AS REGULAR AGENDA ITEM "I." .:. .:. III. CONSENT CONSENT A. General Services Department Requests That The City Commission Pass A Resolution For The Formal Adoption Of The New Personnel Policies. III. CONSENT REVISED CONSENT B. City Manager Requesting The Commission To Approve A Settlement Offer With Unicorp National Development Inc. In The Amount Of $164,744.09 For Traffic Signal Mast Arm Improvements At The Intersection Of State Roads 434 And 419. Discussion ensued on a profit and overhead; recovered costs; whether this number had been previously discussed; the original bid; total direct costs; the net number; and the pavers. CONSENT C. Public Works Department Requesting The City Commission To Direct Staff To Pursue Project Reallocation Of The City's Portion Of The One Cent Sales Tax Program. CONSENT D. Utility Department Requesting Authorization To Execute Amendment 63 - Town Center Force Main For Consulting Engineering Services With Conklin, Porter & Holmes Engineers, Inc. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 4 OF 23 CONSENT E. Public Works Department Requesting Authorization To Execute Amendment 64 - Main Street (Tuskawilla Road) Roadway Improvements For Consulting Engineering Services With Conklin, Porter & Holmes Engineers, Inc. CONSENT F. Public Works Department Requesting Authorization To Execute Amendment 65 - Spine Road Improvements For Consulting Engineering Services With Conklin, Porter & Holmes Engineers, Inc. CONSENT G. Public Works Department/Stormwater Department Requesting Authorization To Execute Amendment 66 - SJRWMD Conceptual Stormwater Permit For The Town Center For Consulting Engineering Services With Conklin, Porter & Holmes Engineers, Inc. CONSENT H. Public Works Department Requesting Appropriation Of Funds To Pay For Street Resurfacing Cost Overrun. Mr. Alan Hill, Superintendent, Public Works Department answered questions and discussed overages; bid estimates; averages; take-off estimates; cubic yardage; "quantity bids;" contractor responsibility; and competitive bidding procedures. Commissioner McLeod suggested "That we take a look at our procedures." Mayor Partyka stated, "At this point in time, I'm looking for a Motion to approve the Consent Agenda?" "SO MOVED." MOTION TO APPROVE THE CONSENT AGENDA BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. COMMISSIONER BLAKE THEN STATED, "MAYOR, JUST FOR CLARITY, THAT MOTION I MADE WAS TO APPROVE THE CONSENT AGENDA, LESS ITEM 'A,' WHICH HAS BEEN MOVED TO THE REGU~AR AGENDA." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 5 OF 23 .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS BRIEFLY DISCUSSED. .:..:. IV. INFORMATIONAL INFORMATIONAL C. Parks And Recreation Department . Notifying The City Commission About Recreational Program Agreements With Local Youth Sports Organizations And Draft Fees And Charges For Field Usage. Commissioner Martinez asked about liability concerns, and requested that such information be provided to the Commission. Further comments were made about partnership agreements, and Commissioner Martinez stated that "I recall the Commission requesting that a policy be set" to avoid previous situations. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS ALSO BRIEFLY DISCUSSED. .:. .:. INFORMATIONAL B. Community Development Department - Land Development Division Presents To The Commission For Informational Purposes The Proposed Site Plan For The First Baptist Church Of Winter Springs. Brief discussion ensued on building phases. .:..:. AGENDA NOTE: THE COMPLETE INFORMATIONAL AGENDA ITEM WAS THEN VOTED ON. .:..:. INFORMATIONAL A. General Services Department Would Like To Advise The Commission That, Pursuant To Resolution #845, The City's Safety Program Has Been Updated, And To Present A Copy Of The New Safety Program Manual. INFORMATIONAL B. Community Development Department - Land Development Division Presents To The Commission For Informational Purposes The Proposed Site Plan For The First Baptist Church Of Winter Springs. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 6 OF 23 INFORMATIONAL C. Parks And Recreation Department Notifying The City Commission About Recreational Program Agreements With Local Youth Sports Organizations And Draft Fees And Charges For Field Usage. Mayor Partyka stated, "I need a Motion from the Commission to approve the Informational Agenda?" "SO MOVED." MOTION TO APPROVE THE INFORMATIONAL AGENDA BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Commissioner Blake asked if the Commission should return the Safety Program Manuals, after they have finished reviewing them. Manager McLemore said "Yes." Tape IISide B V. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing On Ordinance 2000-21 To Consider Rescinding Ordinance 758, Adopted On May 8, 2000 Establishing Three (3) Policy Statements In The Comprehensive Plan Involving Preservation Of Historic And Environmentally Sensitive Resources. Mr. Charles Carrington, AICP, Community Development Director mentioned that due to a misunderstanding with the Department of Community Affairs regarding the adoption dates and "submittals" of Ordinance Number 2000-09 and Ordinance Number 2000-10, "It is staffs recommendation that you rescind Ordinance 758, so that we're not using up our second submittal which we would make in August, because we have other 'Comp Plan Amendments' that obviously need to be processed then. And that's why that is before you. Unfortunately, in order to stay in tune with 'DCA's' deadline, it will be necessary for the Commission to hold a Special Hearing - on Monday, July the 3rd, in order to have the second Public Hearing on this Ordinance that's before you tonight, and meet the requirements of 'DCA' to get this off oftheir review process." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 7 OF 23 Discussion followed regarding other submittals; notification; and which Members of the Commission could attend this hearing. Mayor Partyka said, "I'll need first of all, a Motion to read by "Title" only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2000-21, by "Title" only. Commissioner McLeod left the dais at 7:45 p.m. Commissioner McLeod returned to the dais at 7:46 p.m. Attorney Garganese added, "Mayor, this afternoon I advised Staff that I've recommended two changes to this Ordinance. Section III needs to specifically state that 'Ordinance Number 758 is hereby repealed in its entirety, and shall not be given any force and effect. ' Section V needs to be amended to state that the effective date of this Ordinance shall be the date - this Ordinance is adopted by the City Commission of Winter Springs, Florida. Mayor." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Mayor Partyka clarified that there would be a Special Meeting held on July the 3rd, 2000, at 5 :30 p.m. Mayor Partyka then said, "We do need a Motion to move this on to July 3rd." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 8 OF 23 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: REGULAR AGENDA ITEM "D" WAS HEARD NEXT, PRIOR TO THE REST OF THE AGENDA. .:. .:. VI. REGULAR REGULAR D. Public Works/Stormwater Department Requesting Direction Regarding The Access To Oak Forest Lake For Maintenance. Manager McLemore further stated that his advice to the Commission was to "Heavily weigh the option here of not disturbing any of this - there has obviously been a lot of investment in their yards and landscaping - and then the ongoing disturbance that we do, in coming and going, when you're doing maintenance. So, with that other alternative in mind, I think the better approach is to use that alternative which is the entrance on Tuscawilla. I think we should send back to the Advisory Committee that there is some concern with the beautification aspects of the wall." Discussion ensued on visiting sites, whenever possible; culverts; which access point was the least disturbing to the area; and curb-cuts. Commissioner McLeod stated, "On this last go around on this thing, I had asked the City Manager to make sure we did write to the County, and hold our position on that." Commissioner McLeod then inquired, "Has this been done at this time?" Mr. Kipton Lockcuff, P.E., Public WorkslUtility Director responded that "We are waiting for tonight's decision." Commissioner McLeod then stated, "I don't think we should have waited at this point. I think my recommendation before was pretty clear - at least, to notify them in writing that we were looking at that potential access, so that we held our position there." Commissioner McLeod then stated, "I'd like to put it on the record - I don't think the gate is more expensive than the wall. I think there should be a wash there by the contractor; and I would recommend that we go back to the Beautification Committee, and have them look at the Oak Forest entrance and the wrought iron that is there - that's aluminum and see if that fits in this particular location; along with - there is one presently north of there, that was brought out this evening. Already, the present design - if it fits, if it works, attractively, to match Oak Forest, that's just North of there, that's already on the drawings, as I understand it, there would be no charge for any additional design work, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 9 OF 23 engineering work from the County. Those kind of things - I think the Board needs t.o look at. " Commissioner McLeod then stated regarding the "three access points for utility drainage easement that we presently have. Each one is encumbered by fences. Each one is encumbered by landscape - there's also a shed sitting in the one area. Now, I do know last meeting that we had on this - that Mr. Martinez had directed that that shed was there, and that shed was in our easement, and ought to be dragged out." Deputy Mayor Gennell stated, "I'm concerned - mainly for the property owners who live on the lake - of creating an attraction, for future problems - for outsiders, by access through that gate. That's all- or by visibility through the gate." Deputy Mayor Gennell then said, "But it is still, they would be afforded a certain amount of protection and security, by virtue of having a solid brick wall that they are forsaking, doing this - and I am just concerned for them; but as long as we go on the record and show that they were asked if there was anybody there that was willing to provide alternative access, and this is almost an access oflast resort, as a result of that." Further discussion followed on boats; curb cuts and gates. Commissioner Miller stated, "At the last meeting, we were going to hear something, I thought from the Architect - whether a gate was going to be more than the wal1." Commissioner Miller left the dais at 8:01 p.m. Discussion ensued on easements; noise; and security concerns. Commissioner Miller returned to the dais at 8:05 p.m. Regarding security issues, who would have a key to the gate, and who is responsible for damage to the lock were next discussed. Safety and possible risk liability were also addressed. Attorney Garganese addressed minimizing potential risks. Commissioner Blake then added, "I would support the gate and the wall with the appropriate screening, with the appropriate safety measures; and with the understanding that I hope this does not become policy." Commissioner Blake left the dais at 8:06 p.m. Commissioner Martinez spoke of easements and encroachments. Commissioner Blake returned to the dais at 8:09 p.m. Attorney Garganese left the dais at 8:09 p.m. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 10 OF 23 A photograph was shown of properties abutting the Oak Forest Lake; design; curb-cuts; safety concerns; "aprons;" and the individuals who have signed the petition. Attorney Garganese returned to the dais at 8:11 p.m. Further discussion followed on "Tract 'B;'" accessibility; the integrity of the wall; easements; and what has transpired with the owner, regarding discussions and expenses. "I'D LIKE TO MAKE A MOTION THAT - ON ITEM 'D,' THAT WE BRING ACCESS IN THROUGH TUSKA WILLA ROAD; THAT WE WRITE THE COUNTY AND PUT THEM ON NOTICE THAT WE WANT THAT 'APRON' CUT IN TUSKAWILLA; AND ALSO TO DIRECT THE BEAUTIFICATION BOARD TO GO BACK AND TAKE A LOOK AT THE EXISTING DESIGN OF THE - ALUMINUM FENCING THAT WILL BE ON TUSKA WILLA ROAD - AND WINTER SPRINGS BOULEY ARD, TO SEE HOW THAT DESIGN BLEND MAY WORK; AND ALSO TO LOOK AT THE OTHER PRESENTLY DESIGNED GATE SYSTEM, THAT IS ON THE COUNTY'S PLANS FOR THE OPENING THAT IS NORTH; AND MAKE A RECOMMENDATION AS TO WHICH WAY TO GO WITH THE GATE." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. I WOULD JUST LIKE TO AMEND THAT MOTION TO INCLUDE THE ORIGINAL OF THIS PETITION BE ATTACHED TO THE MINUTES OF THIS MEETING." (SEE ATTACHMENT "A"). AMENDMENT TO THE MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. YOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. YOTE: (ON THE MAIN MOTION) COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner McLeod then stated, "I would like to also address that the - 1 think it goes without saying - the City Manager, the City Attorney, to get with Mr. Allen to go ahead CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page I I OF 23 and let's get an 'easement' drawn up." Mayor Partyka then said, "Yes, that's all part of that Motion - I believe." Commissioner McLeod stated, "I just want to make sure we all understand that. Thank yOU." Mayor Partyka called a break at 8:20 p.m. The meeting was called back to order at 8:40 p.m. by Mayor Partyka. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED, AS DOCUMENTED. .:. .:. REGULAR A. Community Development Department Requests The City Commission Schedule A Workshop To Discuss The Need For Changes To The Code Of Ordinances Related To Wetlands, Conservation Areas And Docks As Determined By Breedlove, Dennis & Associates, Inc. And As Related To Floodplain Management As Prepared By CPH Engineering, Inc. With discussion by the Commission, it was agreed that this Workshop would be held on August ih, at 6:30 p.m. Commissioner Martinez asked "If Chapter 8 and Chapter 9 would be included in these discussions;" and reminded those in attendance, "I recall requesting a consideration of Chapter 8 and 9, back in 1998." Mayor Partyka asked that handouts and preview information also be provided, if possible. REGULAR B. 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. (This Item Was Previously Scheduled To Be Discussed At The (Previous) June 12, 2000 Regular City Commission Meeting, However The Commission Requested That This Be Discussed On This Agenda.) Commissioner Martinez said he is nominating Ms. Alice Louise Allen of 1065 Winter Springs Boulevard. Commissioner McLeod asked if the City Attorney could address the previous comments, during "Public Input" concerning the status of appointments and reappointments. Commissioner Martinez stated, "Point of Order. This doesn't apply to this Ordinance. The Ordinance, this specific Ordinance is very clear and specifies that each Commissioner will name a person, under his seat, and that two will serve for terms of two CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 12 OF 23 years, and three will serve for terms of three years. So, the question that was asked before does not apply to this specific Board." Attorney Garganese responded, "I've looked at Ordinance Number 98-704, and although I think it could be written much clearer than it is written, I dpn't believe anything in this Ordinance would prohibit the Commission from reappointing somebody to one of these Committees. That was one of the questions. Also, as specifically set forth in the Ordinance, even though the Ordinance sets forth some criteria for appointing initial members - this Commission can always adopt a Resolution changing some of the appointment criteria, as specifically set forth in this Ordinance. So, if you wanted to even change policy midstream, about appointing members to either Oak Forest or Tuscawilla, you could by Resolution, change that appointment policy." After additional discussion, Attorney Garganese added, regarding "The initial terms are expiring - the Ordinance specifically says, 'thereafter, members shall serve not more than . two consecutive three year terms', so it implies that there will be other appointments after the initial members were appointed." Discussion. "I THINK IT WOULD BE APPROPRIATE TO TABLE THIS ITEM FOR A FEW MINUTES." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR C. Parks And Recreation Department Requests The City Commission Consider Information Pertaining To A Change Order. (This Item Has Been Postponed Until The July 10, 2000 Regular City Commission Meeting.) No action was required or needed. REGULAR E. City Manager Requesting The City Commission To Review The Development Agreement Prepared By IDC Calhoun, Inc. And To Receive Stormwater And Utility Extension Information Related To The Town Center. Tape 2/Side A CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26. 2000 Page I3 OF 23 Mr. Terry Zaudtke, Consultant with Conklin, Porter & Homes, Inc. spoke on stormwater issues; the flow of swales; retention for the school board property; curbs and gutters; basins; the most viable alternative; acquisitions of property; maintaining the property; easements for stormwater; school board; sizes of ponds; volume; and "our plan of attack. " Commissioner McLeod left the dais at 9: 1 0 p.m. Further discussion included ownership of the pond. Commissioner McLeod returned to the dais at 9: 11 p. m. Manager McLemore then said, "Do we agree on the next step? And, the next step, I believe is to start - contacting - members ofthe Board." Commissioner Blake stated, "I absolutely agree that we ought to get moving on it, and I think it is really important that the Elected Officials contact the Elected School Board Members, as soon as possible. I think timing is very key on this. And, to make sure that we are not working in the wrong direction now, I would ask that Staff provide us, with as frequently as necessary, and then notify us - to let us know, that you have something written up. If there is a change in direction of what we are doing, or what we are trying to accomplish - for instance, the change that we've already discussed tonight, is important for us to know, so that we are working in the right direction, and not against something. " Mayor Partyka asked for a "One page talk-piece, so each of the Commissioners, as they talk to anybody, talk with the same kind of things, and beyond this - this is a start, but it would be nice - if one page had the benefits, and maybe with another page, of just a map of what we're talking about. Can we do that like on quick timing?" Manager McLemore responded and said, "Sure, we could have it available tomorrow." Commissioner Miller added, "If there are other issues that the City Manager is aware of," that he would like to have those also included. For instance, "If there are certain things that the schools are going to be asking us to do, which may not be directly associated with this issue, but, if we could move quickly, and support those type of . " Issues. Deputy Mayor Gennell then stated, "Maybe this goes without saying, but I would hope that if we do acquire that, and it is developed - for water retention - that it becomes an added park facility, of some kind." Further discussion ensued on "Bringing water and sewer to the edge of the property," and the issue involving service to "two different property owners, and potentially two different developers and how you allocate that cost becomes a real issue, and what we'll CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 14 OF 23 actually come back to you with is a proposal for an additional connection charge throughout the system which will recover most of these funds, as an alternative way of recapturing your investment." Additional costs; infrastructure; and "off-site costs" ("improvements downstream on our system, that we're going to have to do as the flow increases) were next elaborated upon. Commissioner Martinez left the dais at 9:26 p.m. Mr. Chip Carrington, Esquire from Lowndes, Drosdick, Doster, Kantor & Reed, P.A. representing the James Doran Company and Mr. Shane Doran, Vice President of the James Doran Company addressed the Commission about the proposed agreement, and stated that they "Are on a fairly accelerated schedule here, the reason being, that the property is under contract and there are critical dates under that contract." Commissioner Martinez returned to the dais at 9:28 p.m. Mr. Shane Doran reviewed some renderings of the proposed project. Discussion ensued on the proposed building phases, and the size of some of the planned buildings; and the "Main Street" and "Market Square" areas. Mr. (Chip) Carrington then stated that "We would need to know, as Shane (Doran) had pointed out, at the Workshop, we would need to know the points where the water and sewer would come into the site, so we could plan accordingly; but, there is flexibility there - as long as we know in advance." Manager McLemore left the dais at 9:38 p.m. Manager McLemore returned to the dais at 9:39 Commissioner Miller left the dais at 9:40 p.m. Further, Mr. (Chip) Carrington stated, "Article IV., [sub] b) deals with the City's completion of Hickory Grove Park Boulevard, and establishes the time line for that. At the point in time that James Doran would proceed beyond Phase I, which would be any building, any increment of development beyond Phase I, at that point in time, this City would begin construction of Hickory Grove Park Boulevard, as contemplated in the Town Center plan. The City however would not have an obligation to proceed on that path, if the City isn't successful on acquiring the right-of-way. I think the current indications are that there is no impediment - no significant impediment to acquiring that right-of-way, so, I think there are some issues that we're going to need to deal with; one of which is 'stormwater.' We've talked about that before this discussion. And, it sounds like we have a good plan there, but that is - in my mind probably the single impediment to getting this done, in a timely fashion, so that we can satisfy the tenants." Commissioner Miller returned to the dais at 9:43 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 15 OF 23 Further review of the proposed do~ument continueq discussion of the "Main Street Improvements." Mr. (Chip) Carrington added, "James Doran is committed to work with the City, with the School Board effort, and in terms of incurring legal fees and engineering fees and, so we would be happy to participate in that lobbying effort and do what we can to support the City and of course our project too." Discussion followed on density and intensity; applications for related. permits; large footprint buildings; the Development Review Committee; anchor tenants; planned parking; one-story structures and/or actual true two-story buildings; and special exceptions. Mr. Shane Doran advised the Commission on the economic necessities of this plan to include a "Publix and a Walgreens which really drive the Main Street development." Brief discussion followed on "breaking ground;" the need for water and sewer.; and related timelines. Manager McLemore then stated, "there are some critical paths here that keep being reverberated, and talked about, and we just have to deal with them; and the critical path - number one - would be stormwater. We have to be able to conquer this one, or there is no deal. Second one is - the acquisition of right-of-way - from the Blumbergs, for that additional road for Hickory Parkway." Manager McLemore further said, "That one is well under way; we have had discussions with the Blumbergs, we have talked numbers, they are satisfied with the numbers we're talking." Manager McLemore added, "I have asked Anthony to be developing a contract to offer them. Obviously, you would have to be the party to that - but we would propose - to potentially maybe to get that back to you by the next meeting, to see what their contract would look like - to approve it and forward it." Further, Manager McLemore stated, "We do need the surveys completed, depending on how much time it is going to take to get the surveys done - to finally get to that point, but, that appears to be doable, we don't appear to have any obstructions there. And then again, on your side is the grocery store and the drug store issue. So, these kind of form the core of the Agreement that without these things in place, all the other discussions are interesting, but they're academic. So, let me go through those other discussion points. Again, our very important issue, I won't call it the number one issue, is in Section IV. a) - the issue of the timing of construction and infrastructure, and how that relates to your timing - has to be coordinated in such a way that before we spend major bucks for construction, we have to have some assurance that you are going to build. So, we have to work that out, - 1'd offer a couple of things - timing and building permits - when you ask for a building permit, that we could do a notice to proceed with construction or another alternative we've talked about - you do up front developer financing, for which you can be reimbursed. That's giving you the ability to do it, if you can put the deal together. There's a couple of ways of trying to satisfy that issue." Mr. Doran inquired, "Would that be water and sewer and, the Main Street infrastructure, or are we talking about just Main Street infrastructure?" CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 16 OF 23 Manager McLemore replied, "No, we're talking about everything. The Commission has approved the engineering studies tonight. They're underway. Our position is that we would have to have the engineering studies underway. Those studies would be done to construction detail, and we would try to go to bidding as quickly as possible. We would not give a notice to construct, until you are ready to pull building permits." Manager McLemore then added, "Or - there could be a performance bond, or there could be some other letter of credit, or there could be something - as a surety that says - something that says, that if we build two or three million dollars of infrastructure, we're getting that money back someplace - in what you agree to do, or in some other valuable consideration. " Tape 2/Side B Further discussion continued with members of the Commission, Manager McLemore, Mr. Terry Zaudtke, Consultant, Mr. Chip Carrington, and Mr. Doran of the James Doran Company on water and sewer issues; the design and construction of the stormwater system; the related time line for the design and permitting of water and sewer; potential construction timelines; "establishing a framework;" and that both parties "Over the next week," might want to check to see "If the time frames work" and are feasible. Mr. Doran clarified an earlier comment about tenants, and stated, "My actions are market-driven, and I think I did give a bit of a quick answer when I said if it's not Publix and Walgreens, it's over - and I understand what you all want, is a nice Town Center, and some density, and some new urbanism, and a nice Main Street here, I know, is a big focus. I'm assuming that if I come to you with two - restaurants on the corner, and do those architecturally nice - you'd be open to that as well." Manager McLemore then stated that regarding the water and sewer connection charges, that "We would want the same language that we have in the Schrimsher Agreement; and that agreement says we would not apply any specific connection charges - or impact fees to the Town Center, that would not apply system-wide. We're talking about capital costs now, not maintenance costs." Discussion. Mr. Doran added that they are "Donating the right of way for Main Street - the eleven (11) feet, and the Market Square property, which is something - and that was in consideration of getting the sewer and water and the other things under the Agreement, that we've been talking about." Manager McLemore then stated, "Eighteen (18) months closing after Effective Date. I think we've moved that to Permit - rather than Effective Date." Mayor Partyka asked Manager McLemore, "Under that point, just to add, because there was a point that they made - the sewer points, where are they, in terms of connection, that you had mentioned that point." Mr. Doran added that they would like to get this information, as soon as possible. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26. 2000 Page 17 OF 23 Further discussion ensued on the involvement of the School Board; large footprint buildings; and the special exception process. Mayor Partyka stated, "Mr. McLemore, is it safe to say that, when it comes down to our Town Center development, that we would be in a position to act quickly on anything that comes in front of us?" Manager McLemore stated, "Sure." Mayor Partyka added, "We're willing to work with any timing issues, as long as it is done within the process." Manager McLemore added that a special exception could "Allow a single story building with a two-story fayade - or whether the Commission will say 'No, you've got to at least 'shell-out' a second story' - these are two remaining big issues, I think, that you're going to have to settle, in order to get this thing back to the Commission in the next meeting and get it approved." Discussion. Mr. Doran stated, that "What you end up with on Main Street is two of the three buildings being true two-story - the third building upon completion of Phase II, being - well, you would end up with two true two-stories and one fayade, two-story, on Main Street which gives you, I think, the presence and feel that you want in terms of the Main Street." Ownership of this entire project was then discussed; along with conceptual plans; parking considerations; and one-story and two-story buildings. Deputy Mayor Gennell stated, "What you are representing here now is Phase I - is actually taking an additional building from Phase II, and putting it on Phase I - on Tuskawilla Road, right?" Mr. Doran replied, "I'm leaving that building in Phase II as far as the footprint, but I'm saying that I will commit to make a second story functional and occupiable - but when it is occupied, market conditions would mandate." Deputy Mayor Gennell stated, "It showed as one- story with a parapet last time. Correct?" Mr. Doran replied, "Correct." Deputy Mayor Gennell added, "And you're committing that to two full stories?" Mr. Doran stated, "Yes." Deputy Mayor Gennell then stated, "And the smaller one in the middle, you would want to keep as one-story with a fayade?" Mr. Doran stated, "Yes." Deputy Mayor Gennell said, "And the one closer to the Walgreens, would be two full stories (as it was shown)." Mr. Doran stated, "Yes." Deputy Mayor Gennell then stated, "Regarding the middle one - it's one-story with a fal(ade. Can it be built in such a way as - to enable whoever own it in the future to add the second story?" Mr. Doran replied, "It could." Deputy Mayor Gennell stated, "I would like to see that." Discussion ensued on related costs. Regarding the buildings planned for Hickory Grove Park Boulevard, Deputy Mayor Gennell stated, "So, by accepting your conceptual Phase I, Phase II, and Phase III, would we be waiving any right later, to come in and say 'No, we as a City want those to be two- story.' Would we be waiving that right?'" Mr. Doran stated, "Yes." Brief discussion continued on one-story and two-story buildings. Deputy Mayor Gennell inquired, "In their request, that we accept in principle, the substance that - Phase I, Phase II, Phase III tonight - if we did that, even given the wording he has proposed; does that waive our rights when they decide to make up their mind whether they want to go one or two-story, we have no leeway then, if want somebody to go two-stories?" Manager CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 18 OF 23 McLemore said, "If you're going to make it mandatory, you've got to get it in the Agreement; if you're going to make it subject to future negotiations, then that is the language you use." "If you're going to make it subject to future negotiations, I think at least you want to require it. If it's not true two-story, that it at least has a two-story fayade, on those rear buildings." Discussion continued. Mr. Doran explained - "I have other users, in essence, financially subsidizing Main Street. It's invisible to you'll here, but to do this level, everywhere, it doesn't work, and we have to pick one area that's more high profile than the other. I can't commit to having this done to this level of detail." Manager McLemore stated regarding Hickory Grove Park Boulevard - "I'm saying to you, I think that's where you can negotiate..." Deputy Mayor Gennell added, "Make it subject to future negotiations, instead of nailing it down, that we accept this, as it is. And I would prefer that - to keep the height of those buildings on that back street, subject to future negotiations." Further discussed ensued on Phase II. Deputy Mayor Gennell further added, "Whether or not it's one or two-stories - with a fayade or without - I think we would all do just as well to wait, instead of just accept one-story wholesale tonight." Artificiality; "New Urbanism;" parking ratios; and a real need for parking were next discussed. Deputy Mayor Gennell stated, "I would concur with the City Manager to want to go for real two-stories, along Main Street - I think it's important that we not start off with anybody, with it being artificial, otherwise we're creating something that's just artificial." Discussion followed on parking; "pocket parks;" emphasizing "Main Street and maintaining some character in the back, along the parks and the park ways." Regarding one and two-story buildings, Manager McLemore clarified, "There are two issues. One is, is it true two-story or not; and the question is, is it all in Phase I, which is what was voiced at the last meeting, or is it divided into Phase I and Phase II." Commissioner Blake spoke of the I 0,500 square foot building, "The Phase II building" and that Main Street is indeed the primary one - and asked if Mr. Doran would consider that this building would be built "prior to many other buildings in Phase II?" Mr. Doran spoke of risks, and added that he was making it a true "two-story building." Commissioner Blake further explained that "What I am concerned about is that - if that building gets pushed to the end of Phase II, then we have all this other square footage that we are building back here, and we're not completing our Main Street - that's my concern." Discussion. Commissioner Blake added, "I would consider allowing these two other buildings up on 434, as I said, that's a boulevard of primary importance as well, but what I am concerned about are the back buildings back here - or the internal buildings being built, prior to that CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 19 OF 23 one on Main Street." Mr. Doran said, "I would be willing to link something back here - to it, in the interest of moving things forward tonight." Manager McLemore left the dais at 10:55 p.m. Commissioner Blake further stated, "Mayor, that would be my desire to link that building, the one that we were discussing - or requiring that building be constructed prior to any of the buildings on the north edge - Magnolia Square, or Hickory Grove Park Road, or the internal buildings." Manager McLemore returned to the dais at 10:58 p.m. Discussion. Mr. Doran clarified that "I'm proposing to link it to one of these, right on the Park." Discussion. Commissioner Martinez left the dais at 10:59 p.m. Commissioner Blake explained, "All that I'm trying to do is to get that, and make sure that building gets built as soon as possible, understanding that it may be not feasible to do it in Phase I, but to make sure that it's near the front of Phase II, and not in the back of Phase II." With further discussion, it was agreed that the Manager would work on these details, and Mr. Doran confirmed this discussion, that "For the Phase II Main Street building, we would establish a square footage at which we would have the obligation to go forward with that building, to be determined, based upon negotiations with the City Manager and Anthony Garganese, and that would take care of Main Street; because we were clear on Phase I, which would be a true two-story building and another building that would be a fa9ade, but a fa9ade. . ." Mayor Partyka stated, that a consensus was still needed. Commissioner Martinez returned to the dais at 11 :01 p.m. The Commission was asked for their consensus regarding their preference for true two- story construction or. one-story structures with the fa9ade of a two-story building. Discussion. Tape 3/Side A Mayor Partyka summarized, that "I think on the stories then - Main Street - the consensus of this Commission should be two full stories." Mr. Doran inquired, "I assume you guys have no problem if I wanted to make that building larger in Phase I, I'm not assuming any opposition to that?" Mayor Partyka stated, "I believe that's okay." Mr. Doran further said, "For less than 9,000 square feet, the economics of an elevator. . ." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 20 OF 23 Mayor Partyka further added, that it was agreed for the "City Manager to discuss with - Doran, to come up with some kind of minimum square footage program, whatever, amongst themselves, and then could bring it back to the Commission." Commissioner Blake said, "... With the ultimate goal to have the Main Street Phase II buildings constructed as early as possible." Mayor Partyka added, Commissioner McLeod has stated that "He would like to see it market-driven." Deputy Mayor Gennell stated, "If we get two full stories on Main Street, then I'm willing for them to negotiate out the square footage and staging - market driven..." Commissioner Miller stated, "It was never my understanding, right from the beginning, that all those buildings in Phase I, Phase II, Phase III, all had to be precisely as they appear as depicted right there." Commissioner Miller added, "It was always my understanding that they could be a little bit bigger, a little bit smaller, a little bit further to the right or left - this is just a conceptual. . ." COMMISSIONER MARTINEZ STATED, "POINT OF ORDER." MOTION TO EXTEND FOR ONE HOUR." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE : AYE MOTION CARRIED. Mr. (Chip) Carrington concluded by stating, "I think just to briefly clarify - I think we're looking at - we're going to go back, Shane is going to go back and talk to the design people about what can be done, back behind the Publix, to in effect, make things happen on Main Street sooner, under this market driven approach." Mayor Partyka called a break at 11:04 p.m. The meeting was called back to order at 11:20 p.m. by Mayor Partyka. REGULAR F. Fire Department Requesting The City Commission Approve Resolution Number 2000-17 Establishing Fee Charges For The City's Emergency Medical Patient Transport Service. "I'D LIKE TO MAKE A MOTION TO APPROVE RESOLUTION 2000-17." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 21 OF 23 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. "ITEM'!' BE POSTPONED UNTIL THE NEXT COMMISSION MEETING." MOTION BY COMMISSIONER McLEOD. COMMISSIONER McLEOD ADDED, "I BELIEVE IT OUGHT TO COME BACK AS PART OF THE REGULAR AGENDA." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. "I ACTUALLY WISH TO AMEND THE MOTION." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE STATED, "I WANT TO AMEND THE MOTION TO ADJOURN." SECONDED. DISCUSSION. VOTE: ("ON THE MOTION TO POSTPONE'!' TO NEXT COMMISSION MEETING.") COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. "THE MOTION IS TO ADJOURN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka stated, "This meeting is adjourned and we'll continue this to - right before the next Regular Scheduled Meeting. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26. 2000 Page 22 OF 23 Mayor Partyka adjourned the meeting at 11 :24 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS BRIEFLY DISCUSSED EARLIER IN THIS MEETING, THEN TABLED - NO OTHER ACTION WAS TAKEN. .:..:. REGULAR B. 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. (This Item Was Previously Scheduled To Be Discussed At The (Previous) June 12, 2000 Regular City Commission Meeting, However The Commission Requested That This Be Discussed On This Agenda.) .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF JUNE 26, 2000. .:..:. 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. (This Item Was Scheduled To Be Discussed At The (Previous) June 12, 2000 Regular City Commission Meeting, However The Commission Tabled This Item Until This Meeting.) ADD-ON REGULAR H. 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 Dennis Norsesian. .:..:. AGENDA NOTE: THE FOLLOWING "NEW" REGULAR AGENDA ITEM "I" WAS TABLED UNTIL THE NEXT MEETING; AND NO REPORTS WERE MADE AT THIS MEETING. .:..:. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2000 Page 23 OF 23 REGULAR I. General Services Department Requests That The City Commission Pass A Resolution For The Formal Adoption Of The New Personnel Policies. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat IV - Cindy Gennell REPORTS E. Commission Seat V - David W. McLeod REPORTS F. Commission Seat I - Robert S. Miller REPORTS G. Commission Seat II - Michael S. Blake REPORTS H. Commission Seat III - Edward Martinez, Jr. REPORTS I. Office of the Mayor - Paul P. Partyka Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk AP~'RO\i"i;i't, '.., - . - ~J"~1 ',' " .' ~p. ..~.:':': b : pXULP.pAR,TY~ .. ~ ;.. -'. . . . ~ . Augus t 14, . NOTE: These minute~ were approved at the , 2000 City Commission Meeting. '" .