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HomeMy WebLinkAbout_1999 08 23 City CommissionRegular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 23, 1999 I. CALL TO ORDER The Regular Meeting of August 23, 1999 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, arrived at 6:31 p.m. 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 6:31 p.m. Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, present Interim City Clerk, Andrea Lorenzo-Luaces, present Mr. Ronald W. McLemore, City Manager arrived at 6:31 p.m. Deputy Mayor Cindy Gennell, arrived at 6:31 p.m. AGENDA CHANGE: MAYOR PARTYKA SUGGESTED THAT THE COMMISSION HEAR THE AGENDA ITEMS PERTAINING TO MISSY CASSELLS AT THE BEGINNING OF THE PUBLIC HEARINGS AGENDA. Presentations: Mayor Partyka read an Election Proclamation "for the record". (See Attachment "A"). II. PUBLIC INPUT Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: spoke on using the money previously allotted for the proposed Winding Hollow Trail, and suggested that the funds be used for a "pocket park" for the Oak Forest subdivision, which abuts Winding Hollow. Discussion. Mr. Ronald W. McLemore, City Manager, asked that Ms. Krebs set up an appointment with him this week. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 1999 Page 2 of 16 Robert King, 2211 Black Hammock, Oviedo, Florida: spoke on behalf of the Friends of Lake Jesup, who have offered their thanks for the City's consideration of the Comprehensive Plan and related land use changes. He also addressed the issue of building heights. III. CONSENT A. Finance Department Requests The City Commission Authorize The Participation In The Joint Governmental Auction On September 18, 1999 At George Gideon Auctioneers, 2753 North Orange Blossom Trail, Zellwood, Florida And Approve The Inclusion Of Surplus Property As Identified By The City. There was discussion as to why various inventory items were not identified with asset numbers. Mr. Harry Martin, Finance Director explained that a list of inventory numbers with recorded numbers had been sent to the City Manager. Commissioner Edward Martinez, Jr. asked that in the future, the Commission be provided with a Memorandum that explains that a list had been generated. B. Parks And Recreation Department Requests Approval To Conduct Fall Recreation Programs And Classes At The Sunshine Park Civic Center And At Trotwood Park. The Commission discussed revenues; defraying the costs for the City; monetary percentages recovered; low attendance; flexibility; and the distinctions between residents and non-residents of the City. C. Public Works Department Requesting Approval Of Resolution Number 889 Supporting And Recognizing The Benefits Of The Creation Of A Public Works Academy. D. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement For The Hayes Road Turn Lane Improvements. E. Public Works Department/Stormwater Division Requesting Authorization To Purchase A Trailer Mounted Trash Pump. F. Finance Department Requesting The Commission Approve Resolution Number 891 To Proceed With The Non-Ad Valorem Tax Assessment For Streetlighting Within The Country Club Village Subdivision. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 1999 Page 3 of 16 G. City Clerk's Office Approval Of The Minutes For The Regular Meeting Of August 9, 1999 (Held On August 9, 1999). Commissioner Martinez asked that the comments that Attorney Micky Grindstaff said "for the record", be added to the minutes. H. City Clerk's Office Approval Of The Minutes For The Regular Meeting Of August 9, 1999 (Held On August 11,1999) Deputy Mayor Gennell requested that a "typo" be corrected on page 4 of these minutes. Deputy Mayor Gennell asked about the Motion on page 5 of the August 11, 1999 minutes, which references "transcripts" being made available to the City; and that the City should make sure to make these a part of these minutes, when available. Deputy Mayor Gennell said, "So I would amend the minutes to include them". I. City Clerk's Office Approval Of The Minutes For The Regular Meeting Of August 9, 1999 (Held On August 16, 1999). MOTION (TO APPROVE THE CONSENT AGENDA) BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. DEPUTY MAYOR GENNELL ADDED, "AS AMENDED". VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. IV. INFORMATIONAL A. Community Development Department - Land Development Division Presents To The Commission For Informational Purposes The Proposed Site Plan For Eckerd Drugstore. Ron Henson, Design Service Group, 362A South Grant Street, Longwood, Florida: spoke to the Commission about this Agenda Item, and explained that they would be giving a "courtesy presentation". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 1999 Page 4 of 16 Kathy Hallmon, Bell Signs, 1200 Bell Avenue, Panama City, Florida: addressed the Commission regarding signage for the proposed Eckerd Drugstore and advised the Commission that they are submitting an application for a sign variance. Chuck Whittall, 5301 Conroy Road, #180, Orlando, Florida: also spoke on the signage matter, and that they desire signage comparable to Walgreens. The Commission spoke of their concerns with traffic; medians; including bicycle racks; "drive-thru" lanes; whether the city allows "drive-thrus"; retention areas; special elevations for this location; the involvement of Florida Department of Transportation (FDOT); enhancements; developments; islands; landscaping; trees; the placement of entrances; backflow valves (to be surrounded by shrubbery); whether State Road 419 should be widened for access lanes; and signage variances to accommodate this corner location (per the "New Development Area" Guidelines). In addition, the Commission felt that the crossing of the Cross Seminole Trail should be considered regarding this location at State Road 419; and that it should also be considered when designing green spaces and wetlands. B. Parks And Recreation Department Providing Information To The City Commission Regarding The 1999 Winter Springs Summer Day Camp Program. Mayor Partyka said, "If it's all understood, I'd be willing to take a Motion at this point, on the Informational Agenda, to approve". "IF THERE ARE NO QUESTIONS, I SO MOVE". MOTION BY COMMISSIONER MARTINEZ (TO APPROVE THE INFORMATIONAL AGENDA). SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. AGENDA CHANGE: MAYOR PARTYKA SAID THAT THE COMMISSION WOULD HEAR PUBLIC HEARINGS AGENDA ITEMS "D", "E", AND "F" NEXT. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 1999 Page 5 of 16 V. PUBLIC HEARINGS D. Community Development Department Requests The Commission Consider A Second Reading Of Ordinance 707 Adopting The Proposed Town Center District Boundary And Town Center District Code. "MAYOR, I MAKE A MOTION THAT WE POSTPONE UNTIL THE FIRST MEETING IN SEPTEMBER, WHICH IS THE 13TH, ITEM 'D', WHICH IS THE CONSIDERATION OF ORDINANCE 707". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISISONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. E. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Second Reading Of Ordinance 725 To Adopt The GreeneWay Interchange Zoning District Text And Map. Mr. Charles C. Carrington, AICP, Community Development Director, spoke about a Memorandum referencing maps that show that the wetland area had been deleted from the District. Tape IISide 8 There was further discussion regarding the Memorandum from Mr. Carrington; possible violations the Casscells Interim Development Agreement; and possibly hurting a potential sale of the property Commissioner Martinez said, "I just want the record to indicate that, this afternoon I received a telephone call from Mrs. Casscells apprising me of the same very information that Mr. Carrington has just put on the record, to the effect that we apparently did not understand or were misinformed when we took our vote as far as the area of concern here, which is her property; and she stated that her possible sale of the property is in jeopardy, unless we would take some other action. And, I told her that we would discuss it tonight, and we would take whatever action was deemed appropriate". Commissioner Robert S. Miller and Commissioner Michael S. Blake also stated that they had received a telephone call from Missy Casscells. Discussion ensued on the Parkstone Planned Unit Development; the shores of Lake Jesup; docks; not using topographical maps; environmentally sensitive lands; the Casscells property; and preventing mitigation. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 1999 Page 6 of 16 Mayor Partyka opened the meeting to "Public Input ". Hugh Harling, 850 Courtland Street, Orlando, Florida: said that his client would be willing to limit it to a combination of boardwalk and one dock, and that it "is not our intent to mitigate extensively". Discussion ensued regarding what could the City do if the site plan had exceSSIve mitigation; should there be limits set on mitigated land; and encroachments. Dennis Wells, 2421 East Jefferson, Orlando, Florida: spoke on the future use of this land; other agencies; mitigation; concern of the wetlands; and that the property had been "cut up". Commissioner Martinez added that he has asked to be informed of matters that the Commission may be interested in. Commissioner Martinez then said, "So, I come here and I speak on the record, and we discuss all these issues, but nothing seems to be moving in the right direction. We keep debating the same issue each time a new development comes up, and it's up to us here to make sure that we take the right steps and do what we have to do to protect those areas that need protection". Discussion ensued regarding matters pertammg to the lack of platted lines of the wetlands; intentions; encapsulating the wetlands; greenspace; uplands; the size of the green lands; and regulations. Mr. Harling clarified that the intent of this owner was only to have one boardwalk and only one dock on the property. Also discussed were Land Development Regulations (LDRs); what assurances could the City get for this property; "guarantees"; changes to the City's Comprehensive Plan; and the "spirit" and intent of the agreement. Tape 2/Side A Discussion ensued on the agreement with the Casscells; imposing restrictions on this client; the marketability of this property; regulating this property; and the current zoning of this property. Mr. Wells asked, "Can the two maps be made a part of the minutes, as exhibits"? The Commission then discussed the interactions of various governmental agencies; protecting the lake shores; objections from the Department of Community Affairs (DCA); preserving the shores of Lake Jesup; possibly changing the Comprehensive Plan; restricting the wetlands; enforcing more stringent regulations; enforceable CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 1999 Page 7 of 16 recommendations; cooperative agreements; possible restrictions; and extending the agreement with the Casscells. Manager McLemore spoke on the lines drawn for the wetlands; conservation lines and wetlands; and adding language to the standards of this district. Margaret Casscells, 907 Old New England Avenue, Winter Park, Florida: spoke about boundaries; readvertising; and what regulations would apply to this. Discussion ensued on "standards"; regulations; the map; lines drawn on the map; new development regulations; and mitigation. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: deferred to the other property owner. The "Public Input" portion of the meeting was closed. The Commission discussed which map had been sent to the Department of Community Affairs. Mr. Thomas Grimms, AICP, Community Development Coordinator, explained what had been approved. Discussion ensued on the maps involved with this Ordinance and related issues. The Commission and Mr. Carrington further discussed the related Ordinances. Tape 2/Side B Discussion continued regarding the maps that had been approved; advertised maps; district boundaries; conservation areas; docks; standards; wetlands; and hiring an Environmental Inspector to bring this back at "two different levels". Attorney Guthrie spoke about the proposed maps; applying guidelines to the development process; vested rights; applying the highest intensity zoning district; restrictions; and greenspaces. Commissioner Martinez added to the discussion, "I want the record to be very clear that when we approved and voted to approve, when this Commission voted to approve that map, as it appears at the top, which is Map C". Mr. Carrington further elaborated on the issue of maps and related boundaries. Much discussion. Attorney Guthrie read the Ordinance by "title only". "I WOULD LIKE TO MAKE A MOTION THAT WE DO ADOPT ORDINANCE 725 IN IT'S ENTIRETY, AND THAT WE DO USE THE MAP AS EXHIBIT "A". MOTION BY COMMISSIONER McLEOD. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 1999 Page 8 of 16 The Commission decided to take a break so that Ms. Casscells and her advisors could consider various options. Mayor Partyka called a recess at 10:01 P.M The Meeting was called back to order at 10:20 PM Ms. Casscells spoke of not wanting to have a large number of docks; a boardwalk; and that her family could be interested in including a 100 foot no build zone (buffer) from the lake's edge in an agreement with the City; as well as an agreement to only have one dock and one boardwalk on the property. The Commission heard various suggestions from Mr. Harling and Mr. Michael Schrimsher regarding text changes. The suggested changes to which the Commission agreed upon are: . On page 3 of the final draft, "Where you deal with nursing homes, we would like to add assisted living and senior independent living". . On page 12, under Section (a) (8) and page 13, under Section (c) (6), "The only thing that we would like to add in there is the 'Major retails store(s) or office"'. . A Tree Pallet should be attached to the final draft. . "I would like to ask that we have the insert 'private right-of-way other than State Road 434"', was suggested for Table 1 on page 11, Section a. The Commission decided to have the sentence read, "On internal streets, no existing or dedicated public or private right-of-way.. .". The suggested changes that the Commission did not agree upon were: . Regarding the paragraph on page 3 under Section (5) that begins, "Any other retail store.. .", "That paragraph should go up to (4) above, it should be right above the (5) for conditional uses". Deputy Mayor Gennell asked, "You don't want to replicate that 'Any other retail' paragraph here, you want to move it"? Mr. Harling replied, "I believe the appropriate place for it is under Permitted Uses". The consensus of the Commission was to "Leave it where it is", regarding where the paragraph is written. . Item (k) (3) on page 16, regarding marketing signs, "The minimum setback that you have set up in other locations has been fifteen (15) feet and in this particular location you went to twenty-five (25) feet". The Commission was in agreement to have the setbacks as "Fifteen on the internal [streets], twenty-five on the highway [State Road 434]". . Item (m) (1) on page 16, regarding temperature and date signs, "We're suggesting that it is an informational thing for the traveling public and that banks do it as a courtesy and that it might be appropriate". The Commission agreed by consensus to "Leave it the way it is". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23,1999 Page 9 of 16 . On page 5, Section (4), "I think we could live with the forty (40) car parking bay. We can live with the twenty-four (24) foot wide driveways. But I think just by the example of your neighboring cities that have gone with a nine by eighteen (9x 18) or a nine by nineteen (9x 19) parking space, that that would be a prudent change to make". Mayor Partyka clarified, "The request is nine by eighteen (9x18)". The Commission took a consensus and agreed to keep the parking space requirements at ten by twenty feet (lOx20). . On page 16, Section (m) "Did you want still prohibit neon? A lot of these people use, in a very tasteful way, neon". The Commission agreed that they still wish to prohibit neon signs. "MOTION TO EXTEND THIS MEETING FOR AT LEAST ONE HOUR". MOTION BY COMMISSIONER MARTINEZ. SECONDED. Tape 3/Side A DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: NAY; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. The Commission further discussed "A no build zone of at least 100 feet"; and if the build zone can be made larger in the future. "I WOULD MOVE, BASED ON THE REPRESENT A TIONS MADE HERE TONIGHT, IN PARTICULAR, THE CAS CELLS PROPERTY, THE SINGLE BOARDWALK, THEIR AGREEMENT TO A SINGLE BOARDWALK WITH A SINGLE DOCK ON THE WATERFRONT PIECE OF PROPERTY, AND A 'NO BUILD ZONE' OF A 100 FEET DEPTH FROM THE EDGE OF THE LAKE AND THE VARIOUS TEXT CHANGES MADE AND AGREED TO BY CONSENSUS OF THE COMMISSIONERS. I MAKE A MOTION TO APPROVE ORDINANCE 725 AND ADOPT THE GREENEW A Y INTERCHANGE ZONING DISTRICT TEXT AND MAP AS PER EXHIBIT "A", SUBSTITUTING EXHIBIT "A" FOR ANY OTHER EXHIBIT THAT WAS PREVIOUSLY ADOPTED". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: NAY; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23,1999 Page 10 of 16 F. Community Development Department - Planning Division Requests The City Commission Extend By Mutual Agreement With The Casscells Trust Property The Expiration Date Of Section 7(b) Of The Casscells Interim Development Agreement From August 23, 1999 To October 22, 1999. Mayor Partyka said, "You need a Motion to withdraw". "SO MOVED". MOTION BY COMMISS][ONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: NAY; COMMISSIONER McLEOD: NAY; DEPUTY MAYOR GENNELL: NAY. MOTION DID NOT CARRY. "MAYOR, I MAKE A MOTION WE POSTPONE THE ITEM UNTIL THE NEXT REGULARLY SCHEDULED MEETING, ON SEPTEMBER 13TH. MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: NAY; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. AGENDA CHANGE: THE FOLLOWING AGENDA ITEMS WERE HEARD IN THE FOLLOWING ORDER. VI. REGULAR C. City Manager Update On The Town Center Development With Joshi And Associates. Manager McLemore introduced this item. Mr. Rohit Joshi of Joshi and Associates spoke of the attached letters of intent that he has received from the Kingsbury and Blumberg property owners; developing a conference center; providing earnest money to show intent; why the Exclusive Negotiating Contract should be extended; binding agreements; and Town Center guidelines. Dunkin Bowman, 2804 South 2nd Street, Jacksonville, Florida: advised the Commission of his desire (regarding his property) "To be able to go back to the permitting committees". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 1999 Page 11 of 16 "I'D BE THAN HAPPY TO MAKE A MOTION THAT WE DO APPROVE THAT HE CAN BRING HIS PARCEL BACK INTO THE CITY, OR BACK INTO THE PLANNING AND ZONING AND THE BOARDS, TO MOVE IT FORWARD". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMM][SSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Micky Grindstaff, 20 North Orange Avenue, Orlando, Florida: commented that the Commission should consider that there were other persons interested in the Kingsbury, Blumberg and Schrimsher properties, but that they were not interested in complying with the Town Center guidelines. Michael Schrimsher, 600 East Colonial Drive, Suite 100, Orlando, Florida: asked about any agreement(s) that had been signed by Mr. Rohit Joshi and the City of Winter Springs. Manager McLemore clarified that this Agenda Item is asking for direction from the Commission regarding an extension of the agreement with Joshi and Associates; and "That we will bring you the agreement, for the next meeting, to approve it. It will be substantially like the first agreement that we had. Discussion ensued regarding the contract with Joshi and Associates; timelines; neo traditional concepts; the first thousand feet of Tuskawilla Road; developers and interested property owners Mr. Grindstaff said that the Schrimsher organization would appreciate a copy of the draft agreement involving the Schrimsher organization. He also asked for a copy of any letter of intent from financial institutions. DEPUTY MAYOR GENNELL SAID, "WHAT IS BEFORE US IS THE QUESTIONS THAT THE CITY MANAGER OUTLINED BEFORE. DOES THE COMMISSION DESIRE TO ENTER INTO A NEW EXCLUSIVE NEGOTIATING AGREEMENT FOR A PER][OD OF TIME TERMINATING ON DECEMBER IS\ 1999 TO ALLOW MR. JOSHI TO COMPLETE DUE DILIGENCE ON THE KINGSBURY AND BLUMBERG PROPERTY. AND, THE RECOMMENDATION IS THAT STAFF IS RECOMMENDING THAT JOSHI BE PROVIDED A NEW EXCLUSIVE NEGOTIATING AGREEMENT TERMINATING ON DECEMBER 1ST, 1999 TO PROVIDE JOSHI AND ASSOCIATES WITH AN OPPORTUNITY TO COMPLETE DUE DILIGENCE ON THE BLUMBERG AND KINGSBURY PROPERTIES ONLY". DEPUTY MAYOR GENNELL CONTINUED, "I THINK WE WENT THROUGH THE PROCESS OF THE CHARETTES, AND THE VISIONING FOR THE TOWN CENTER. THIS IS WHERE WE ENDED UP. THIS IS THE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23,1999 Page 12 of 16 INDIVIDUAL THAT'S COME FORWARD TO OFFER HIS EXPERTISE IN THIS AREA. THE STAFF'S RECOMMENDATION IS TO GO AHEAD AND ENTER THE AGREEMENT; AND I WOULD SUPPORT THE ST AFF'S RECOMMENDATION, SO, THAT'S MY MOllION". MOTION BY DEPUTY MAYOR GENNELL. DISCUSSION. Commissioner McLeod said he'd like to hear the answers to Mr. Schrimsher's letter, especially as the Commission would need to vote on this issue. Tape 3/Side B "MR. MAYOR, I MAKE A MOTION THAT WE EXTEND FOR HALF AN HOUR". MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER McLEOD: NAY; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. "I MOVE MY PREVIOUS MOTION. I MOVE FOR THE STAFF RECOMMENDATION THAT JOSHI BE PROVIDED WITH A NEW EXCLUSIVE NEGOTIATING AGREEMENT TERMINATING ON DECEMBER 1 ST, 1999 TO PROVIDE JOSHI AND ASSOCIATES WITH AN OPPORTUNITY TO COMPLETE DUE DILIGENCE ON THE BLUMBERG AND KINGSBURY PROPERTIES ONLY. THAT'S THE MOTION". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. DEPUTY MAYOR GENNELL THEN SAID, "THE REASON I MADE THAT MOTION IS TO MOVE THIS ITEM AHEAD; AND WE CAN STILL PROVIDE FOR QUESTIONS, ANSWERS AND ALL THE DETAILS THAT WE WANT, PRIOR TO THE AGREEMENT COMING IN FRONT OF US, FOR APPROVAL, TWO WEEKS FROM NO'W". VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: NAY; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. "I WILL GO AHEAD AND MAKE THIS MOTION, BECAUSE I SUPPORT THIS, AND ANY OTHER OUT-OF-TOWN DEVELOPER THAT COMES IN HERE TO ENHANCE THE TAX BASE OF THIS CITY, IF THEY APPEAR TO BE EXERCISING EFFORT AND DILIGENCE AND EFFORT TOWARDS THAT, AND IN MY OPINION, THAT IS WHAT I SEE HAPPENING HERE, AND I HAVE THE STAFF'S OPINION IN FRONT OF ME, THAT IT IS WORTHWHILE PROCEEDING. SO, I MOVE THAT WE DO ALLOW MR. JOSHI TO CONTINUE TO USE THE FACILITIES, USE THE CITY OFFICE SPACE, TELEPHONE AND STAFF ASSISTANTS WHILE COMPLETING DUE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 1999 Page 13 of 16 DILIGENCE UNDER THE NEW AGREEMENT". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER, WHO ADDED "THIS IS BASED ON THE FACT THAT THE CITY MANAGER WILL BRING THIS BACK, ALSO IN TWO WEEKS, AS PART OF THE AGREEMENT". MAYOR PARTYKA THEN SAID, "SO IT PROBABLY SHOULD BE SUBJECT TO SIGNING AN AGREEMENT THEN". DEPUTY MAYOR GENNELL SAID, "I'LL ADD THAT". DISCUSSION. VOTE: COMMISSIONER McLEOD: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Mayor Partyka then said, "Just so we are clear, Mr. McLemore you will bring back an agreement for further discussion by all interested parties, and part of that, is going to have, call it 'answers to the questions', and answers to our own agreement, right? Or a status report". Manager McLemore then said, "I think what I will do, is bring back the agreement to you, and I think Mr. Joshi should be here to answer those questions". v. PUBLIC HEARINGS A. Finance Department Requesting The City Commission Adopt Ordinance Number 733 Amending Section 19-102(2) User Charge Schedule, Water Meter Charges Establishing A New Fee Schedule. "MR. MAYOR, I MAKE A MOTION TO READ ORDINANCE 733 BY 'TITLE ONLY"'. MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Attorney Guthrie read the Ordinance by "title only". Mayor Partyka opened the meeting to "Public Input ". There was no public input. The "Public Input" portion of the meeting was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 1999 Page 14 of 16 Mr. Harry Martin, Finance Director, spoke regarding this Agenda Item and discussed the new meters. Mayor Partyka asked, "Is there a Motion to move on forward". "SO MOVED". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. G. City Manager Requesting Approval Of Resolution Number 890 - Tuscawilla Improvement Area And Tuscawilla Service Area Amended Final Assessment Resolution". Mayor Partyka opened the meeting to "Public Input ". No one spoke. The "Public Input" portion of the meeting was closed. Mayor Partyka said, "The Motion is to postpone indefinitely". MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. H. Finance Department Requesting The City Commission Hold A Public Hearing On The Non-Ad Valorem Tax Assessment For Streetlighting Within The Country Club Village Subdivision And Provide Directions As Deemed Appropriate. Mayor Partyka opened the meeting to "Public Input". There were no comments. The "Public Input" portion of the meeting was closed. Mayor Partyka said, "Looking for a Motion to approve". "SO MOVED". MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23,1999 Page 15 of 16 GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. The Commission agreed to hear the rest of the Agenda at the next meeting, scheduled for Monday, August 30, 1999, at 6:30 p.m. "MOTION TO RECESS". MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Mayor Partyka recessed the Meeting (at 12:30 a.m.) until Monday, August 30, 1999. The following Agenda Items were not discussed, but will be discussed at the continuation of this meeting on Monday, August 30, 1999. V. PUBLIC HEARINGS B. Community Development Department - Code Enforcement Division Requests The City Commission Hold A First Reading Of Changes To Chapter 5 Entitled Arbor Regulations Of The City Of Winter Springs Code Of Ordinances Related To Tree Removal And Replacement. C. City Manager Requests The City Commission Consider A First Reading Of Ordinance Number 735 Amending Chapter 3, Alcoholic Beverages Of The City Code. VI. REGULAR A. Community Development Department - Code Enforcement Division Requests The City Commission Give Direction To Staff Regarding Sign Regulations In The State Road 434 Corridor Vision Plan. B. Community Development Department - Land Development Division Presents To The Commission The Recommendation Of The Planning And Zoning Board As It Relates To The Winter Springs Golf Course Parking Lot Improvements. Staff Also Presents To The Commission Recommendations To Be Included In A Proposed Development Agreement Between The City And The Developer Which Would Allow The Requested Variances on This Project. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 1999 Page 16 of 16 VII. REPORTS A. Legal Counsel B. City Manager - Ronald W. McLemore C. City Clerk - Andrea Lorenzo-Luaces (Interim City Clerk) D. Commission Seat V - David W. McLeod E. Commission Seat I - Robert S. Miller F. Commission Seat II - Michael S. Blake G. Commission Seat III - Edward Martinez, Jr. H. Commission Seat IV - Cindy Gennell I. Office of the Mayor - Paul P. Partyka VIII. ADJOURNMENT Respectfully Submitted By: Andrea Lorenzo-Luaces Interim City Clerk Amy R. Lovingfoss Interim Assistant City Clerk ~ --- '/,- -" AP\jPROVEU;, - ~ ... ~ -~ - '.: - ,,- --- NOTE: These minutes were approved at the SfPtproP.t' 13 1999 City Commission Meeting.