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HomeMy WebLinkAbout2000 05 22 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MAY 22, 2000 I. CALL TO ORDER The Regular Meeting of May 22, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:32 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: The following Agenda changes were noted: The Attorney for Mr. Michael Schrimsher respectfully asked that Agenda Items related to his property be delayed until later in the meeting. City Manager Ronald W. McLemore asked that Public Hearings Agenda Item "C" (see below) be deleted from the Agenda. This was agreed to. V. PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-18 Amending The Large Scale Comprehensive Plan Amendment (LG-CPA-I-99) Establishing The Town Center. This Agenda Item was deleted. II. PUBLIC INPUT Mr. Bruce Bowers, 221 Shore Road, Court, Winter Springs, Florida: was very concerned with speeding on Shore Road and presented a petition to the City to install traffic calming devices on Shore Road. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 2 OF 33 Manager McLemore was asked to comment on what could be done, and said that this could be reviewed for feasibility, and if so, it could come back to the Commission as a possible budget item. Commissioner Edward Martinez Jr. left the dais at 6:39 p.m. Various traffic-calming structures were briefly mentioned. Commissioner Martinez returned at 6:40 p.m. Manager McLemore was asked for a timeline, and he stated that it could take approximately sixty to ninety days. Mr. Bowers handed the petition to the City Clerk, and was advised by Mayor Partyka to follow up on their concerns. Mr. Bill Christie, 1045 Abbotsford Court, Oviedo Florida: as the president of the Central Florida United Soccer Club, he presented informational packets to members of the Commission, and spoke of his organization. Mr. Christie stated that their desire was to "Work with the Parks and Recreation Department and be designated as the club to assist in running the organization." Discussion. Mr. Christie was asked to provide a package to Mr. Chuck Pula, Parks and Recreation Department Director. Ms. Donna Lewis, 763 Rosalie Way, Winter Springs, Florida: as the Registrar for the Central Florida United Soccer Club, presented t-shirts to the Commission, and asked that the Commission consider the request of the Central Florida United Soccer Club. Commissioner Martinez left the dais at 6:48 p.m. Mr. Jerry Lewis, 763 Rosalie Way, Winter Springs, Florida: also spoke on behalf of the Central Florida United Soccer Club and asked that the Commission reconsider a previous decision regarding the Winter Springs Soccer Club. Commissioner Martinez returned to the dais at 6:50 p.m. Mr. Richard Todd, 670 East State Road 434, Winter Springs, Florida: asked the Commission to hold another meeting to discuss his business situation; spoke of problems with pesticides; problems with mixing ingredients; provided a visual comparison of several related products; and discussed active ingredients and competitive products. The Commission was polled and agreed to have Mr. Todd discuss his concerns at one of the next two Regular meetings. Mr. Todd was advised to provide the Commission with as much information as possible. Commissioner Michael S. Blake added, "When that is scheduled to occur, that we ought to have written notice sent out to the surrounding property owners, as well." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 3 OF 33 Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: spoke on three concerns: 1) access to Oak Forest Lake for aquatic weed control 2) the Code Enforcement Board getting updated Code of Ordinances 3) could building inspections be set up on an a.m. or p.m. type of scheduling basis. Regarding the lake in Oak Forest, much discussion ensued on access; discussions with the County; easements; and that a wrought iron gate be considered. Commissioner David W. McLeod stated, "I would like to direct the City Manager to look into this and contact Mr. McCollum, at the County level and tell him that we are interested in the letter we've received - it says that McCollum's answer stated that 'should the City ask him to do so, but only if the City requested a curb-cut.' I think we need to request a curb-cut on Tuskawilla Road, and also then we need to request from Mr. Allen an easement for access treatment only, ofthat lake." Discussion. Manager McLemore, and members of the Commission next discussed trees; easements; encumbrances; a possible gate opening, and whether the Oak Forest Advisory Committee should be involved. Mr. Marshall Allen, 1065 Winter Springs Boulevard, Winter Springs, Florida: discussed easements; trees; the spillway; access; and property values. Mr. Allen agreed that his preference would be to "Put a permanent easement on Tuskawilla Road" - possibly with a gate, "For the specific purpose of going in and treating the lake, for aquatic weed control." Mr. Kipton D. Lockcuff, P.E., Public Works/Utility Department Director commented on the City's obligation to "Maintain the stormwater function of that pond;" and having the Oak Forest Advisory Committee review this matter. Commissioner McLeod stated that he agreed with this going to the Advisory Committee, and added, "We should at least get a letter to the County on this," and he suggested a two-week window. Discussion followed on possibly having a Special Meeting of the Oak Forest Advisory Committee; the contractor's current schedule; getting information back to the Commission; and encroachments. The consensus of the Commission was that they agreed with Commissioner McLeod's comments, and to take it to the Assessment Board first - prior to this Commission. Deputy Mayor Cindy Gennell added, "If it's necessary for this to come before us again, I would like to see it as an Agenda Item, please." Mayor Partyka clarified, "Mr. McLemore will handle whatever has to be handled to take this to the Assessment Board of Oak Forest." Regarding Ms. Krebs second concern, discussion ensued regarding the status of revisions to the Code Book, and the City Clerk explained the current revision process. Mayor Partyka stated that they would check into providing something on an "interim basis." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 4 OF 33 Regarding the third concern of Ms. Krebs - building inspection appointments, Commissioner Blake asked if inspectors could use cellular telephones to alert someone that they were on their way; and Manager McLemore said that he would like to discuss this with the Building Official. Deputy Mayor Gennell asked that we check with other municipalities as to their procedures, and Commissioner McLeod suggested that often there is a "four-hour window." Mayor Partyka stated, "Mr. McLemore, I think you have the direction - we need to come up with something. Okay." A birthday cake was then presented to Commissioner Blake, In honor of his 40th Birthday. Attorney Anthony A. Garganese left the dais at 7:30 p.m. Ms. Veronica Griffin, 312 Moss Road, Winter Springs, Florida: stated that because a racquetball wall had been taken down at Moss Park, her privacy has been affected. Mayor Partyka asked that Manager McLemore look into this matter and he agreed. Ms. Griffin then asked where the CDBG funds would be used. Brief discussion. Attorney Garganese returned to the dais at 7:32 p.m. Mr. Bill Fernandez, 250 Panama Road East, Winter Springs, Florida: complimented one of Mr. Lockcuffs employee who had helped clean up litter in a section of the Ranchlands, while he was on light duty, and stated, "We do again, want to express our appreciation for the monies expended on our behalf out there." Mr. Fernandez then asked Attorney Garganese about using "Impact Pees" to "Regularly maintain those roads that were put in with the impact fees." Tape I/Side B Mr. Fernandez also asked about moving the trail "Closer to the lake shore of Lake Jessup, and take the trail away from right beside 434 and 419." Discussion. Commissioner Martinez commented on the Police being aware of litter problems within the City. Discussion ensued on policies or Ordinances dealing with cleaning up the City. Commissioner Robert S. Miller suggested that signs be installed which identify and compliment individuals who assist with beautifying local roads. Mr. Mervin Werner, 673 Keuka Court, Winter Springs, Florida: mentioned several vehicles which were in violation of the Commercial Vehicles Ordinance, and inquired as to the status of the following violations: 1788 Otisco Way; 1782 Otisco Way; and on Lamoka Court, there is a vehicle with a ladder on top of the vehicle. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 5 OF 34 Ms. Jimette Cook, Code Enforcement Manager explained that the vehicle at 1788 Otisco Way had been cited; the vehicle at 1782 Otisco Way was similar; and that her staff will check on the possible violation on Lamoka Court. Mr. Werner also asked about the status of his previous complaint about speeding vehicles and cut through traffic along Seneca Boulevard, in the Chelsea Woods subdivision. Commissioner Blake asked Manager McLemore if a list had been compiled of other areas that "traffic calming devices" might help. Manager McLemore replied that such a list should be put together, and that he would come back with a proposed list of streets to be considered, after related data has been reviewed. Commissioner Martinez then asked about the recently hired Code Enforcement Officer, and would this individual work a staggered shift. Discussion. Commissioner Martinez added that a "Portable latrine on Northern Way, at the right of Greenbriar Lane, in front of Lot 12" has been there for two weeks. Ms. Cook stated that she would check into this violation. Mr. Mati Khemlani, 605 Morgan Street, Winter Springs, Florida: wanted to voice his complaint against the "possible" inclusion of a Wal-Mart in the Oviedo area. Commissioner Blake stated that "There was some misinformation in the Agenda Packets, as to the way it was presented." Mr. Bill Fernandez, 250 Panama Road East, Winter Springs, Florida: as a member of the Planning and Zoning BoardILocal Planning Agency addressed Section 20-359; stated that Staff does "Not present us with the Preliminary Development Plan;" that Preliminary Development Plans are not retained; Final Development Plans; and "That it is impossible for our Board to make a finding as to whether or not it's substantially consistent with the plan, which we do not have in front of us;" Section 20-358; that the Land Development Regulations will be reviewed and hopefully passed. Commissioner Martinez stated "Point of Order. I have a lot to say on this item. If we want to discuss it now, let me know, so we can -..." Commissioner Martinez then stated that he was concerned with a lack of communication between Staff, the Planning and Zoning Board/Local Planning Agency, and the Commission. Mayor Partyka stated, "Alright. That's it in terms of 'Public Input,' so I'll close the 'Public Input' portion of this - part of the Meeting and move this on to "Consent." .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM HAS BEEN TRANSCRIBED "VERBATIM" FOR CLARIFICATION PURPOSES. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 6 OF 33 III. CONSENT A. Community Development Department - Land Development Division Presents To The Commission The Request Of Donald W. McIntosh Associates, Inc., To Eliminate The Deceleration Lane At The Westernmost Commercial Entry And State Road 434 At The Parkstone PUD. Mayor Partyka: "I am looking for a Motion to approve the Consent Agenda." Commissioner Martinez: "How about questions?" Mayor Partyka: "Okay. Commissioner Blake?" Commissioner Blake: "Just a quick question on Item 'A," regarding the 'decel' lanes." Mayor Partyka: "Okay. Any other questions on the Consent Agenda?" Commissioner Martinez: "Yes." Mayor Partyka: "Which one?" Commissioner Martinez: "Item' A. ,,, Mayor Partyka: "Okay." Commissioner Martinez: "And that's it." Mayor Partyka: "Okay. Alright. Good. Alright, we'll just handle - there's only two items, so we might as well handle 'A' - get that handled. Commissioner Blake?" Commissioner Blake: "Thank you Mayor. Are you handling this?" Mr. Don LeBlanc, Land Development Coordinator: "Yes sir, I wrote the Agenda Item." Commissioner Blake: "There's no way the State will allow us to require them to put in that 'decel' lane?" Mr. LeBlanc: "Mr. McLemore has been talking with Mr. McIntosh and Mr. McIntosh's letter stating - that they'd been negotiating with them for eight months to try to get the deceleration lane built, and they would not let them. In his opinion, after eight months, Tallahassee is the approval authority, and that they will not give them that permission. Now, a deceleration lane is not required. It was put in there and - I rode up and down 434 from the GreeneWay to the intersection of 419 and 434. There are two 'decel' lanes, one of them in the - westbound lane entry to Parkstone, and the other one is the entry into the school bus barn." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 7 OF 33 Commissioner Blake: "I understand. If you'll recall, frequently we have the folks who live in Winding Hollow come before us asking what are we doing, and when are they going to have a 'decel' lane coming into Winding Hollow. . ." Mr. LeBlanc: "They - Winding Hollow had one when it was two-Ianed. When it was four-laned, they omitted it..." Commissioner Blake: "Well - part of the problem is that - on the drawing that I have here, it doesn't appear to me that the 'decel' line encroaches upon the 'OGT' property; and maybe I don't know how to read this, and maybe I'm reading it wrong, but apparently there is some other issue that I don't see here - it's not..." ?: "Sorry sir?" ?: "I think it's the sidewalk..." Mr. LeBlanc: "The sidewalk at..." ?: "... At the traiL.." Mr. LeBlanc: "His comment is, Mr. McIntosh, and I'll quote from his letter, 'I am convinced that permission to permit and build this deceleration lane, and relocate the existing State Road 434 sidewalk into the office of Greene Ways and trails properties, adjacent to state road 434 will not be granted.' I think the deceleration lane, by itself, could be built but to build a deceleration lane, the proper width, they would have to move the sidewalk, and the sidewalk would be the intrusion into the GreeneWays project.'" Commissioner Blake: "Okay, I understand. Is there something that we can do Ron, that will stipulate that if in the future, it becomes possible to build a 'decel' lane - if somebody could be held to build it?" Manager McLemore: "I don't know how you would do that without escrowing money." Commissioner Blake: "Well, it's just disappointing because you try to do things right up front, and you run into issues like this. Thank you." Mayor Partyka: "Thank you. Anyone else? Okay. Commissioner Martinez?" Commissioner Martinez: "I just wanted to state for the record that time and time again, we have heard people come up here, and state that the City of Winter Springs has the right to be more restrictive than some other agencies, that are higher in the echelon than we are; and I can't understand why we would choose to go against the State and the County, when they are recommending that we don't do this." Mayor Partyka: "Okay. Alright. Thank you very much Mr. LeBlanc." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 8 OF 33 B. Community Development Department Requests The City Commission Consider A Request From Wyman Fields Foundation To Approve A Resolution Designating The Moss Road Area As A Target Area For CDBG Funding Assistance For Very Low To Low Income Households. NOTE: There was no discussion on this Agenda Item. Mayor Partyka: "Alright, Commissioners, I'm looking for a Motion..." Commissioner Blake: "Motion to approve Consent Agenda." Mayor Partyka: "Okay. Is there it second?" Deputy Mayor Gennell: "Second." Mayor Partyka: "Second. Any further discussion? Call the VOTE please." Ms. Andrea Lorenzo-Luaces, City Clerk: "DEPUTY MAYOR GENNELL?" Deputy Mayor Gennell: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER MILLER?" Commissioner Miller: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER McLEOD?" Commissioner McLeod: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER MARTINEZ?" Commissioner Martinez: "NAY." City Clerk Lorenzo-Luaces: "COMMISSIONER BLAKE?" Commissioner Blake: "AYE." Mayor Partyka: "OKAY. MOTION PASSES." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 9 OF 33 IV. INFORMATIONAL A. Community Development Department - Land Development Division Presents To The Commission For Informational Purposes The Proposed Site Plan For 7-Eleven Store. Mayor Partyka stated, "Under Informational Agenda, I'd be looking also for a Motion to approve. " Discussion ensued on Informational Agenda Item "A." Commissioner Martinez asked that the Commission be better informed about such projects, and voiced his objection to this proposed project. Commissioner Miller asked if any research had been done regarding whether an Ordinance could be written to "Prevent a proliferation of a large number of gas stations and outlets on 434, in Winter Springs." Manager McLemore stated, "You and I discussed this last week and we have started the process now of determining what we can do - in terms of an Ordinance; and I think we could have a response to you relatively soon." Manager McLemore added, "Yes, we will get back to you relatively soon with that." Commissioner Miller then said, "Well, for myself, I would like to get that information as urgently as possible." Deputy Mayor Gennell spoke about lighting standards, and asked Mayor Partyka to poll the Commission as to whether the "City Manager to look into us developing some lighting standards for that corridor." Commissioner McLeod inquired, "This is basically informational - has a conceptual site plan with it. Are we approving any kind of site plans, or anything, this evening..." Mr. LeBlanc stated, "There is none - this is for informational purposes only. Commissioner McLeod then said, "I just wanted to make sure that we had that in the record." ADD-ON B. City Manager Informs The City Commission That The City Of Oviedo Local Planning Agency Will Consider A Request On Thursday, June 1, 2000 At 7:00 P.M. To Change The Approved Oviedo Marketplace Development Of Regional Impact (DRI). Mayor Partyka said, "I am looking for a Motion to approve the Informational Agenda." MOTION TO APPROVE BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 10 OF 33 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka then stated, "With respect to Commissioner Gennell's request to poll the Commission that we should pursue the investigation of setting up some kind of lighting standards to the City Manager." The consensus of the Commission was that this be done. Manager McLemore stated that this would take some time to complete, possibly in the area of ninety days. Commissioner Blake left the dais at 8:07 p.m. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED AS DOCUMENTED. .:. .:. V. PUBLIC HEARINGS B. Community Development Department - Code Enforcement Division Requests The City Commission Holds A First Reading Of Ordinance Number 2000- 17 Dealing With Nonconforming Signs In The State Road 434 Corridor District. Mayor Partyka stated, "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: ABSENT COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Blake returned to the dais at 8:10 p.m. Attorney Garganese read Ordinance Number 2000-17 by "Title" only, and stated, "Mayor, as you recall, at the last City Commission Meeting, you directed the Staff to revise this Ordinance to provide an amortization period for non-conforming signs along CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE I I OF 33 State Road 434 - that period to expire on November 14th, 2002. That's what this Ordinance does - it revises both the State Road 434 Redevelopment Standards, and the State Road New Development Standards, and to provide for this amortization provision." Mayor Partyka opened the '''Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Miller requested, that Staff "Put this on the Agenda, to let us know, maybe in thirty, sixty, ninety days from now - what's actually going on regarding the notification, and how you are going to do it." Ms. Cook stated, that "Weare planning on notifying by certified mail, all the property owners and the lessors, or the renters of those businesses along 434 - letting them know, this is the new code." Commissioner Blake asked if it would be possible "Through the Occupational License system, that we can tag addresses on 434, so that they receive notice upon receiving their new Occupational License, of what the Sign Ordinance is?" Mayor Partyka stated, "We will need a Motion to move this on to Second Reading." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. D. Community Development Department - Code Enforcement Division Requests The City Commission Considers Adopting Resolution Number 2000-13 Amending Resolution 600 Dealing With Arbor Inspection Fees. Ms. Cook elaborated on the current fees and the proposed fee schedule; inspection time requirements; replacement credits for the removal of trees; what charges could be incurred in various situations; the waiving of fees; the Tree Survey plan; and what fees are charged by the City of Winter Park and the City of Lake Mary. Mayor Partyka opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 12 OF 33 No one spoke. The "Public Input" portion of this Agenda Item was closed. Further discussion ensued on situations where trees could possibly endanger a structure; replacement trees; evasive trees; and the relationship between fees for commercial and residential inspections. "MAYOR, I WOULD LIKE TO MAKE A MOTION TO ADOPT RESOLUTION 2000-13, AMENDING RESOLUTION 600, DEALING WITH ARBOR ORDINANCE FEES." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. Attorney Garganese added, "In the title of the Ordinance, third line up from the bottom - you see 'Ordinances and' - that language has to be stricken. You just can't repeal Ordinances with a Resolution. Second, because of all the discussion regarding the distinction between residential, and multi-family and commercial, as to the increased fee - I suggest just putting a simple 'Whereas' clause - 'Findings,' with the advice of Staff, that the City has to incur more expense and more time in conducting inspections for commercial, multi - family, and Homeowner Associations' properties, , just for justification purposes." "MAYOR, I WOULD JUST LIKE TO MAKE AN AMENDED MOTION TO ADOPT RESOLUTION 2000-13, INCLUDING STAFF'S COMMENTS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION) DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka called a break at 8:28 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 13 OF 33 Mayor Partyka called the meeting back to order at 8:47 p.m. Commissioner Miller returned to the dais at 8:48 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:. .:. VI. REGULAR B. City Manager Requests The City Commission Considers The Preparation Of An Amendment To The City Code To Provide That A Minor Change To PUD Documents Would Be Submitted To The City Commission For Approval. Mr. Richard Greenwood, Assistant to the City Manager addressed the Commission regarding this Agenda Item, who suggested that the objective is to put together an Ordinance which "Makes a rational, logical sense of processing PUD documents." Discussion. Tape 2/Side A Commissioner Martinez then stated, "According to our Code, Section 20-358 and 20-359 (and -85 and -86) is very, very explicit. And I am going to read them into the record, so there is no doubt as to what I am talking about: 'Alterations to the preliminary development plan. (a) Any request for an alteration, reVISIon or modification to the preliminary development plan shall be submitted to the city clerk for review by the planning and zoning board. After review and receipt of staff recommendations, the board may approve or approve with modifications a change that is consistent with: (1) The purpose and intent of the PUD district; (2) The concept, land uses, densities and phasing of the approved preliminary development plan; (3) Any other pertinent ordinances or regulations (b) If the planning and zoning board determines that the proposal is not consistent with such provisions, a public hearing on the request shall be held by the city commission. Upon receipt of recommendations from the staff and the planning and zoning board, the city commission shall hold a public hearing on the request, and either approve, approve with modifications, or deny the proposal stating the reasons for such actions (c) To protect the public interest, the planning and zoning board may, for just cause, hold a public hearing in the process of determining that the alterations, revisions or modifications are consistent in making a recommendation to the city commission." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 14 OF 33 Discussion ensued that major changes to plans should go back to the Planning and Zoning Board; five lots at the Reserve at Tuscawilla; a similar situation in the Parkstone development; abiding by the Code as written; recommendations being given to the City Commission; and previously adopted Ordinances. Commissioner Miller then added, "Under 'Recommendation,' where it says 'Staff recommends...' approval - there are five or six cases shown here, under which changes would 'most likely' not be allowed. It says 'most likely.' That concerns me a little bit, as some of those are significant. I'd like the last sentence under those six points, which I'll read into the record, it says - 'Most request for changes will be a result of final engineering or from conditions that occur as a result of construction field conditions and permitting. '" Discussion continued on having the Planning and Zoning Board "Stay in the loop." Deputy Mayor Gennell stated that she felt that an explanation was due, as to why the Planning and Zoning Board was left out of two previous decisions. Manager McLemore said that regarding this, he would have to research these two particular situations. Discussion ensued on PUD Master Plans; the normal process regarding minor deviations; PUD documents; engineering issues versus land use changes; what the responsibility is of the Planning and Zoning Board; whether eliminating the other turn lane to Parkstone, was part of the PUD Agreement; and following the Code, as written. "BASED ON PAST EXPERIENCES, WHICH NEED NOT TO BE EXPANDED UPON, I AM SUGGESTING THAT SECTION 20-358 OF THE CODE, 20-359, 20- 385, 20-386 BE EITHER AMENDED, REVISED, OR REMOVED FROM THE CODE; IF WE'RE NOT GOING TO FOLLOW THE CODE AS IT STANDS RIGHT NOW." MOTION BY COMMISSIONER MARTINEZ. (MANAGER McLEMORE SUGGESTED THAT THIS BE DONE "THROUGH AN AMENDMENT PROCESS.") SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. DEPUTY MAYOR GENNELL STATED, "I THINK THE MOTION ENCOURAGES THE STAFF TO BRING BACK THEIR BEST RECOMMENDATION TO REMEDY THE SITUATION." FURTHER DISCUSSION ENSUED REGARDING THAT COMMENTS FROM BOARD MEMBERS ARE VERY VALUABLE TO THE COMMISSION, AND IF SOMEONE IS IN ATTENDANCE, THEN THEY SHOULD BE ABLE TO COMMENT, IN ORDER TO ASSIST THE COMMISSION; AND THAT SECTION 20-26 OF THE CODE REQUIRES A DESIGNEE OF THE PLANNING AND ZONING BOARD "BE AVAILABLE FOR OUR QUESTIONS OR FOR US TO HEAR COMMENTS." "I WOULD LIKE TO MAKE AN AMENDED MOTION TO IMPLEMENT STAFF'S RECOMMENDATION TO DETERMINE A POLICY THAT WOULD ALLOW US TO DETERMINE WHETHER A CHANGE IS SUBSTANTIAL OR NOT SUBST ANTIAL, AND THEN TO ESTABLISH A METHOD OF CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 15 OF 33 HANDLING SUBSTANTIAL OR NOT SUBSTANTIAL PLAN AMENDMENTS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VOTE: (ON THE MOTION) COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Discussion followed about Board Members being present and assisting the Commission when necessary; and whether minutes "Carry information from the Board." Attorney Garganese stated, "Yes, it is the official record of official actions taken by the Board." Mayor Partyka asked "Is it a necessity according to Charter, to have a "P and Z" person here? Attorney Garganese stated, "By Zoning Ordinances - yes." Discussion on past practices, and Mayor Partyka clarified that "In the future, we better make sure that a 'P and Z' person is here." It was also suggested that the Code could be amended. Further comments ensued on the past practices of getting minutes to the Commission; including extending common courtesies to Board Members; present practices dealing with minutes; that verbatim minutes are not done; current practices; and the availability of audio tapes. C. Parks And Recreation Department Is Requesting That The City Commission Approve Proceeding With A Mitigation Plan On The Property Around The Police Station With A Supplemental Appropriation From General Fund Reserves. Mr. Chuck Pula, Parks and Recreation Department Director spoke briefly on this Agenda Item. Deputy Mayor Gennell mentioned that although she would be in support of this, "I was disappointed on one account here - on these concepts that were given to us; I noticed that none of them includes a consideration of a neighborhood swimming pool, as one of the options here; and there are other things that happen in this City besides ball games." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 16 OF 33 Further discussion ensued on what the $5,000.00 would provide; permitting and mitigation; determining the quality of wetlands; what additional costs might be required; what else the $5,000.00 could purchase; developing land; environmental concerns; quality of the wetlands; suggested ratios; what the State has suggested; a "cheaper" alternative would be to buy other properties; a lack of football fields; wetlands; that no one here is an expert on wetlands; that the Parker property has received a contract on it; that the $5,000.00 cost for this is actually quite re'asonable; and security concerns with property adjacent to the Police Department. "THAT WE ADVISE THE STAFF TO GO FORWARD WITH THE $5,000.00 APPROPRIATION, TO HELP US DETERMINE, WHAT ALTERNATIVES ARE AVAILABLE, ON THAT PIECE OF PROPERTY." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS TYPED "VERBATIM," AT THE REQUEST OF THE CITY COMMISSION. .:. .:. D. City Manager Presents To The City Commission The Request Of St. Stephen's Catholic Church And The Grove Counseling Center, Inc. To Approve A Resolution Asking Seminole County To Allocate Community Development Block Grant (CDBG) Funds To Extend Sanitary Sewer Service Into The Winter Springs Industrial Park For A Planned Respite Center For Rest And Recovery Of III Or Injured Homeless People. Mayor Partyka: "Who is going to make this presentation? City Manager?" Manager McLemore: "Actually - I thought it would be made by Father Bluett. We are responding to a request to put this on the Agenda, relative to a Resolution that would be sent forward to the County, supporting the use of CDGB funds for this particular proposed project; and those funds would be used to extend sanitary sewer into the area to make the project feasible. I can't give you any details on this proposal - I'm not aware of them, and I don't think anybody on staff is aware of them." Mr. Charles Carrington, AICP, Community Development Director: "Well..." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 17 OF 33 Manager McLemore: ".. . Or, what the intent of the proposal is - you know, what the proposal is intended to do, and that is commit CDGB funds to this project to put water and sewer in the industrial park." Mayor Partyka: "Well, I'll wait until Commissioner Blake is - because the meeting was - as background on this meeting, this meeting was called Mr. Visser to have Buddy Balagia, who is the Grant writer for Seminole County, and then also for - Father John Bluett, and his support of this project and the whole idea behind that was to see if there was any grant money available to put a sewer line onto Old Sanford Oviedo Road, to handle those two facilities, instead of septic system, and as it turns out, the County does not like septic systems..." Tape 2/Side B Commissioner Martinez left the dais at 9:58 p.m. Mayor Partyka: ". . .Potentially a grant submitted, and the Grant would cover a sewer line and the pluses on that would be not only are these two facilities covered, but also, all the other facilities and businesses on that road - anything within fifty feet by Ordinance of this City, has to be connected into the sewer line. And, we've had a lot of positive impact from those people. So, the possibility exists there from Mr. Balagia's standpoint is - if you submit this for a request, there is still a chance that that money could be coming, as long as we get it to the County Commissioners, and also, it would be better if we had, at least a Resolution of support for something like this. And, Mr. Carrington was there; Mr. Visser was there - Father John Bluett; myself, and we've - I think you've gotten all of the documents. And that's about as simple as I can say it. Commissioner Blake?" Commissioner Martinez returned to the dais at 9:59 p.m. Commissioner Blake: "Is, there one issue, or are there two issues here? Is the potential funding through the CDBG Grant contingent upon approval of the Respite center?" Mayor Partyka: "No." Commissioner Blake: "So, why do we need to have the Respite Center information in the Resolution?" Mayor Partyka: "They were just - they just happened to be the two proponents on this, because they were the biggest users of this." Commissioner Blake: "I, frankly I would certainly be in favor of attempting to get the funding in order to run the sewer line there for the existing operations that are there. I have some significant concerns however, if this would be taken in any way, shape, or CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 18 OF 33 form as a signal of support for the development of another operation that is not currently there. Now, I think that the City is certainly doing its part in helping those in need in certain other areas, but to have a third type of an operation there, where you are talking about, with the homeless and everything else, causes me some concern given its right next door - you have the 'Youth for substance abuse program' that goes on; then you have the sort of half way house operation, next door to that. And if you start mixing all these three things together and you sort of wonder which way the direction that that part of town is going - whether it is a positive influence, or a negative influence - I have some concerns about that. Now, I don't know - I'm just saying - as far as the funding for the operations that are still currently there, to get sewer lines run there, to pull the septic tanks - I think that's absolutely necessary; especially right there on Lake Jessup, as it is. But I do not want my vote to be taken as showing any support for an additional facility, certainly not without a lot more information." Mayor Partyka: "City Manager, am I saying this right? I think this is strictly for a sewer line, and they have to meet the criteria. I don't even know what the criteria is." Manager McLemore: "Well, the Resolution though is written around the proposed new project, by St. Stephens Catholic Church, and I think that's undeniable." Mayor Partyka: "Well, supporting the request by both the Grove Counseling Center, and St. Stephens Catholic Church. I mean they were both there. And the whole intent of this has to be an economic impact for that part of town, and we've all agreed that that sewer line, does help that part of town. I mean, that's where the County has to come in. But, Mr. Carrington. Here is Mr. Carrington, he was there..." Commissioner Blake: "Mr. Mayor, the 'Whereas' though specifically discuss the new operation and don't discuss the current operation instead. And, that's why I'm saying..." Mayor Partyka: "Right." Commissioner Blake: ". . . That I can foresee a Resolution that would re-craft it, that I could support. I would have concerns supporting a Resolution as it's written..." Mayor Partyka: "Okay." Commissioner Blake: ".. .As I outlined." Mayor Partyka: "Mr. Carrington? Could you provide a little maybe - background on this - the whole idea of the Economic Community Development Grant, and the purpose of that. . .(yes, I can do the initials faster, than I can do the words)." Mr. Carrington: "In connection with the Respite Center?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 19 OF 33 Mayor Partyka: "Yes, in connection with the whole idea of the Block Grant." Mr. Carrington: "I'm not sure what you are asking me - I can. .." Mayor Partyka: "I'm..." Mr. Carrington: ".. .Recap for you - sorry..." Mayor Partyka: "I'm just trying to - we're trying to get some background on the purpose of getting a CDBG Grant (okay, even though that's redundant). Okay. So, we're just trying to find out, I mean - I've got it - there's nothing more than 'Here's an opportunity to improve our part of the City, with some opportunity for funding, from Seminole County.'" Mr. Carrington: "The - I'm just looking for the Agenda Item - the Regular Agenda. Okay. The Community Development Block Grant money is funneled throughout the country to the states and to the municipalities, through the counties. And, in our case, in Winter Springs, the Community Development Block Grant funds are funneled through Seminole County; and they have staff that administers the funds and they're responsible for recommending to the Elected Officials in Seminole County, each year, on the projects that have been submitted to the Staff as proposals for funding. And the final decision is made by the Elected Officials, the County Commission; and then the Community Development Block Grant staff administers the funds - makes them available to municipalities that have qualified and applied for the funds. This year, the City of Winter Springs is fortunate in receiving $83,000 - a little over $83,000 dollars in Community Development Block Grant money, for improvements to Rhoden Lane, in connection with the Moss Road Redevelopment project. Unfortunately, when the Respite Center issue came up, the Staff had already made their recommendations for all the projects coming in 2001, and of course that list was attached to your Agenda Item. That doesn't mean that the County Commission can't change that Agenda, and add Winter Springs to put the Sewer Line into the Winter Springs Industrial Park, which is what's needed in order to make the Respite Center a possibility, as I understand it. I understand also, that $100,000 is a suitable sum to make that improvement. Attorney Garganese left the dais at 10:04 p.m. The question is, does the City Commission wish to have our support - the Respite Center's efforts in getting the County Commission to reek and order the Agenda, and put the Respite Center in the Winter Springs Industrial Park, on the Agenda, for Community Development Block Grant funds; and I use this word 'cautiously,' but at the expense of some other City or some other project in the County that has already been recommended by the Staff. And that's where we are." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22,2000 PAGE 20 OF 33 Attorney Garganese returned to the dais at 10:05 p.m. Mayor Partyka: "What's the benefit of having this sewer line there, for the City?" Mr. Carrington: "Well, quite obviously, I think the sewer line eventually will be brought in to the Industrial Park; if in fact, the goal of the City is to have a viable Industrial Park; so that's sort of a question that doesn't need an answer - it's a matter of when. I think we have to have sewer and water in an industrial park, in order for it to be successful. . . " Mayor Partyka: "So potentially, this may speed up that whole process." Mr. Carrington: "Sure it could." Mayor Partyka: "Okay. I believe it is Commissioner Martinez? Then Commissioner Gennell; Commissioner Miller." Commissioner Martinez: "As Commissioner Blake said, we're discussing sewer line, but, on this Agenda Item, it says on page two (2) at the top - a Respite center would be a division of the Health Care Center for the Homeless, located in Orlando. Which means that the sewer line is the first step, in eventually establishing a Homeless Center, in the heart of Winter Springs, an area which we're trying to revitalize, and also raise the aesthetic levels in that community. I mean, is this correct? Is this what we are looking for? To establish a center there, for the homeless? Eventually?" Mr. Carrington: "Well that's..." Commissioner Martinez: "Is this leading to that?" Mr. Carrington: "That's a proposal for you tonight. I - there is no application, from the Respite Center, for site plan review, or anything else. They're merely asking you to support a Resolution, signed by the Mayor, that would be delivered to the County Commission, during their July meeting, asking them to change the recommendations of the Community Development Block Grant staff, and add, Winter Springs as a funding agent, for $100,000.00 to extend sewer into the Winter Springs Industrial Park." Commissioner Martinez: "Thank you." Mayor Partyka: "Commissioner Gennell." Deputy Mayor Gennell: "Gentlemen, I am not going to be in support of this. I will tell you flat out. Eventually, we will get sewage brought in there by industry, by the School system, by somebody. But, it's the way I read this issue, this Agenda Item, it's a very thinly disguised attempt to bring in a use - that we have never discussed this, it's never been considered, it's never been applied for. And, I don't see any urgency on the part of the 'CDBG' grant funds. As a matter fact, if I'm not mistaken, this is the very first year CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 21 OF 33 we ever got any of that money. And, I'm grateful for what we did get, after all the years we've participated in it with the County. And, if somebody wants to build another facility out there, they need to come in through the front door, make the application the right way, and then if they qualify for funds, and we need the sewer - I think that's the way we go about it, with any applicant that comes in here; and that's the way I'd prefer to see it done. And, as far as the Grove Counseling Center, I can honestly and truthfully tell you that their Board of Directors did not vote, at all, on this request. So, I will not be in favor of it. I'll make a Motion to deny it - if it's time. " Mayor Partyka: "Okay. Commissioner Miller." Commissioner Miller: "Yes, I was surprised when I saw this too, and I just wanted to ask the Staff - well, the first question would be - how this came through, like this? And the second question would be to the City Manager - because the Grove Center, I believe, if you look at their property there, and you - well, first of all, they don't pay taxes in the City. So we have a - the City has made a commitment to support something like this, in the City's commercial area, or industrial area, which I think is a noble thing to do. But now, we're going to get another one - another piece of property, right adjacent to it, and it looks to me, just a rough estimate like - if this one were to go through, that you would have in excess of twenty-five to thirty percent of our industrial area, committed to something which is clearly not industrial; although it probably shows up as an accepted land use, under an Industrial Area. But, we're not going to get any tax revenue for this, when it goes through. I mean if this counseling center is to come - not counseling, whatever they call it - this thing that we're trying to get the septic tanks removed and replaced by sewer form - so that - how did this come in like this? I mean, we're obviously...it's resolved that we're going to support St. Stephens getting a sewer line? Unless we're asking the County to do it - isn't it?" Manager McLemore: "I think that's basically what your Resolution is." Commissioner Miller: "Did you write it?" Manager McLemore: "No, I did not." Commissioner Miller: "Well, I. . . " Mr. Carrington: "I wrote it. I can explain..." Commissioner Miller: "I had some difficulty with it also for those reasons - but..." Mayor Partyka: "Again. We were at that meeting so it's not a .. . again, tell me if I'm wrong, but we're listing to this - this is an economic.. .I'm going to get this down yet...a CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22,2000 PAGE 22 OF 33 Community Development Block Grant that has to meet certain criteria, that has to have some positive benefits for that area, and it's not just focused on either this project or Grove Counseling Center, or anyone of those kind of things - it's a Grant that's going to help that part of the community to grow economically, and one thing we've all agreed is a sewer line is good for that area. What this is going is - with additional development potentially, this is a potential catalyst to have a sewer line there quicker, than normal. Keep in mind, at the other end of this road, you have the school system coming in, and they're going to need a sewer line there too. So, this in effect may speed up that whole process of getting a sewer line there, and the benefits for the City is - we'll have all those business hooking up into that sewer line, and we have the capacity. So, this is an opportunity for getting a Grant to this City to in effect, build a sewer line. So, I mean, that's the way it was described to me." Mr. Carrington: "But - may I answer Commissioner Miller's question, as to how I got involved. On May the 8th, early morning, I was asked by Gene DeMarie, to attend a meeting with the Mayor and some other individuals to discuss the possible use of CDBG funds, to extend sewer to the Winter Springs Industrial Park; and the meeting centered around constructing a Respite Center for the rest and recovery of ill or injured homeless people, and I left the meeting with instructions to prepare the Agenda Item. I was provided with data on the Respite Center, discussed it with the City Manager, and was told to put it on as a Regular Agenda Item, so I did write the Agenda Item for the City Manager, and I did write the Resolution that's attached, and I did collect the data in connection with the current status of Community Development Block Grant funds in Seminole County, by getting a copy of the recommendation from the Staff. So, all the information that's provided there was a follow-up to the meeting on May the 8th." Mayor Partyka: "Okay. All right..." Commissioner Miller: "I understand. Thank you." Mayor Partyka: "Commissioner Blake - I believe." Commissioner Blake: "I have nothing." Mayor Partyka: "Okay. Anybody...I guess it's Commissioner McLeod." Commissioner McLeod: "I have a simple question. Are you the broker of the property of the seven and a half acres that St. Stephen's is presently looking at the contract with; and would this have any conflict in what you're duties here with the City are?" Mayor Partyka: "No, because we have already sold the property." Commissioner McLeod: "Okay. So the property has been sold." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 23 OF 33 Mayor Partyka: "Yes." Commissioner McLeod: "But, you were the Broker? The Realtor?" Mayor Partyka: "That's correct. Okay." Commissioner McLeod: "Thank you." Mayor Partyka: "Commissioner Gennell?" Deputy Mayor Gennell: "YES MR. MAYOR. I MOVE THAT WE DENY CONSIDERATION OF ITEM 'D.'" MOTION BY DEPUTY MAYOR GENNELL. Mayor Partyka: "Is there a 'Second?'" ?: "SECONDED." Mayor Partyka: "DISCUSSION? CALL THE VOTE?" Ms. Andrea Lorenzo-Luaces, City Clerk: "COMMISSIONER BLAKE?" Commissioner Blake: "MOTION TO DENY, CORRECT?" Deputy Mayor Gennell: "THAT'S RIGHT." Commissioner Blake: "AYE." City Clerk Lorenzo-Luaces: "DEPUTY MAYOR GENNELL?" Deputy Mayor Gennell: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER MILLER?" Commissioner Miller: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER MARTINEZ?" Commissioner Martinez: "AYE." City Clerk Lorenzo-Luaces: "COMMISSIONER McLEOD?" Commissioner McLeod: "AYE." Mayor Partyka: "MOTION PASSES. Going on.. .back - now we're back to - thank you - Mr. Carrington. We're back to 'A' - under Regular Agenda. City Manager..." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 24 OF 33 Commissioner Blake: "Excuse me Mayor - I'm sorry, but I've got to say something. You know - I don't know, quite frankly, if your involvement with the transaction on that property, whether it's complete at this point in time - or not - qualifies specifically under the Ethics' rules; but I think if it were me - that I would certainly divulge any interest or actions that I might have had, in a transaction when we're discussing the support of this Council, and a hundred thousand dollars ($100,000.00) that would certainly benefit that property. I just think it would be prudent, in your own interest, next time, if something comes before this Council - that you've had some activity in, that that's divulged up front - I really do. Again, it may not qualify, hard and fast, under the Ethics' rules, but, you've got to admit, it certainly moves into a grayish area. That's all I have to say." Mayor Partyka: "Thank you." Commissioner Miller: "Yes..." Mayor Partyka: "Just a minute, let me just respond. Again, I thought about this and maybe I should have said something, but the property has already been sold. I mean, I have no more benefits, one way or the other, however, this votes - so from my standpoint, the whole idea is - do I benefit by this, depending on what the Council does? In my mind, I gain nothing out of this. So, that's why...I mean that's about as simple as I can say it. So - Commissioner, but I do take that under advisement. Commissioner Miller?" Commissioner Miller: "Yes, I'd like to echo Commissioner Blake's comment. I really believe you should have brought that - you should have mentioned the issue before - right up front, and if it ever happens again, I hope you do. I mean, I would've. It's just one of those issues that. . ." Commissioner Blake: "Enough said." Commissioner Miller: "Yes." Mayor Partyka: "I'd say..." Commissioner Miller: "I wish I had.. .not wasted any time on it. . ." Commissioner Miller left the dais at 10:17 p.m. Commissioner Martinez: "Mr. Mayor?" Mayor Partyka: "Yes." Commissioner Martinez: "May we know who bought the property?" Mayor Partyka: "Home Health Care Center for the Homeless." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 25 OF 33 Commissioner Martinez: "So, the same people that are.. ." Mayor Partyka,' "Yes." Commissioner Martinez: "... Going to put a Respite there?" Mayor Partyka: "Yes." Commissioner Martinez: "Thank you." Mayor Partyka: "Okay, going to 'A'. Requests The Commission Approve An Agreement Between Schrimsher Properties And The City Of Winter Springs Relative To Adoption Of The Town Center Code." Commissioner Blake: "Mayor, a ten minute break?" Mayor Partyka called a break at 10: 18 p. m. The Meeting was called back to order at 10:29 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT DISCUSSED AS DOCUMENTED. .:. .:. VI. REGULAR A. City Manager Requests The Commission Approve An Agreement Between Schrimsher Properties And The City Of Winter Springs Relative To Adoption Of The Town Center Code. The Commission decided to go forward with this discussion until 11 :00 p.m. Discussion and negotiations commenced with the size of WetIand Park. Manager McLemore stated that "In section III, you will see the language - the third paragraph. I would prefer to have that language re-crafted, so that it does not provide an automatic exclusion, of Edge Drive totally, within the discretion of Mr. Schrimsher, but in fact, that language would be changed to say that if - 'that we would agree to come up with an alternative plan that's mutually acceptable to both parties.'" Manager McLemore further stated, that "I would be more comfortable if we said we would agree to come back with an alternate plan, that both parties agree to. Edge Drive is very important to the success of the plan, and I think that this needs to be a concurrent action of both parties." Manager McLemore then stated, "The only other comment that I have, is that on page five (5), at the top, we're saying, 'If Schrimsher would like to seek appropriate approvals to vacate or otherwise utilize for any purpose' - I would prefer to see that amended to CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 26 OF 33 'Any lawful purpose under the Town Center Code, or provided by language in the Town Center Code. ", Mr. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: stated "Any purpose allowed by the Town Center Code." Commissioner Blake left the dais at 10:35 p.m. Mr. Grindstaff stated, "If you'll flip to page three (3), paragraph 'j', we talk about the Schrimsher property, and we deleted that portion - we deleted that last sentence that references that portion of the Schrimsher property, that is not included in the Town Center." Mr. Grindstaff further said, "There are a couple of other references in this Agreement to Schedule 'B-2,' which we didn't catch, in this draft, and they should have been removed." Commissioner Blake returned to the dais at 10:36 p.m. Mr. Grindstaff then added, that on page 22, "Where it says 'Schrimsher property,' - that definition 'II. i' is actually 'Schrimsher Entity,' not the 'Schrimsher Property;' and definition 'II. j' is the 'Schrimsher Property', not the 'Schrimsher Excluded Property." Mr. Garganese was asked for his comments, and Attorney Garganese stated, "That's fine. " Next, Mr. Grindstaff said that in Article XLIV, on page 19, here it is stated, "Land use percentages as set forth in the City's Comprehensive Plan." I think three (3) words were left off at the end of that sentence - the City agrees Schrimsher property will be entitled to the same minimum mix of land use percentages as set forth in the City's Comprehensive Plan - I think what that meant was 'City's Comprehensive Plan for Town Center. ", Mr. Grindstaff then spoke of St. Johns Landing, as mentioned on page 12, and stated, "It was suggested, and I agree that it was a good idea, that I think that the lot owner should hold harmless, both the City and Schrimsher, from any damages resulting from a trespasser." Discussion. Deputy Mayor Gennell added, "I would suggest that you include the County in there, because the County is the manager of the Trail, and they're developing encroachment policies right now, to handle those kind of issues." Commissioner Blake added, "What happens when the property conveys, changes hands. Does the release go with the land?" Attorney Garganese suggested that it be recorded. Mr. Grindstaff agreed that this was a good idea, with the wording "Hold harmless by recorded instrument." Regarding references made to "Cross Seminole Trail Street," as on page two (2), Mr. Grindstaff said this was otherwise known as the "East West Street that could move up and down. ..") and he suggested that "Let's call that street, something other than 'Cross Seminole Trail Street. ", Discussion ensued on possible names. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 27 OF 33 Next, discussion followed on the acreages of Wetland Park and Magnolia Park; and the Edge Drive issue, in which Manager McLemore stated that their intent was that "It was our understanding, and always from the beginning, that that road was on Schrimsher property, not on trail property." Further discussion between Mr. Carrington, Manager McLemore, and Mr. Grindstaff included the delineation of the wetlands; charrettes; and options, not mandates. Manager McLemore stated, "In order to protect the integrity of the design, at this point in time, circulation still remains a critical issue - to that Park," and we need to be able to work out something "That was mutually agreeable to both of us." "MOTION TO EXTEND FOR ONE HOUR." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Further discussion ensued on park acreages and related dollar values of property. Mr. Michael Schrimsher, 600 East Colonial Drive, Orlando, Florida: discussed how he wanted to be able to talk with Victor Dover about certain concerns, including the decision making process. Tape 3/Side A Discussion followed on acreages; fractional acreages; how particular decisions were arrived at regarding sizes of parks; and the Commissions' concern with value and just rough numbers. Commissioner McLeod suggested, "Whatever is reduced out of that particular park, then - and whatever is reduced off from wetlands, put that into - any of the other parks, that you and the consultant agree to do." The consensus of the Commission was to agree with Commissioner McLeod's suggestion. Discussion. Commissioner Martinez left the dais at 11 :25 p.m. Discussion followed on acreages; and where the roads are situated. Commissioner Martinez returned to the dais at 11:28 p.m. Discussion on whether the Schrimsher organization would agree to the suggestions made thus far - tonight, and would they sign the agreement? Their answer was "No." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 28 OF 33 "MAYOR, MOTION TO ADJOURN." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. Members of the Commission, Manager McLemore, Mr. Grindstaff, and Mr. Schrimsher discussed how the Agreement could be finalized. Commissioner Blake explained, that "The major points would be nailed down, and we wouldn't have to come back in two weeks, and go through - and this will be on the record too - we could go through this exact same exercise, again, with all the particulars." Mayor Partyka clarified, "There is a proposal by Commissioner Blake to in effect, commit potentially to your position provided, this gets put down in writing." Mayor Partyka then stated, "Right - it would have to be tonight." Discussion followed on Commissioner Blake's proposed suggestion, if it were to be signed tonight. Mayor Partyka reiterated that what was agreed to was - "Right now, this Commission is saying that they would agree to the 4.84, ifit's less than .79, but no less than .64, it would be moved to some other Park area, and then we also agree to the wording for Mr. McLemore's - mutual agreement." Mayor Partyka also stated, that this must be signed tonight. Commissioner McLeod then stated, "I think where we're really at right now, is the difference on the wetlands - the .84; are you guys willing to split the difference on that?" Commissioner McLeod added, "I believe we're down to the .84, okay. And all I'm asking here is let's get it down so that we can all come to an agreement; then everybody can take this thing, over the next two weeks, put it in writing Micky. Bring it back to us, so everybody is willing to sign it off, clean the document up." Furthermore, Commissioner McLeod stated, "I believe we're at .84, and let's get that resolved, and I'm willing to split that with you, at this time, and put it somewhere else; at one of the other parks, or all the parks, or spread it off." Commissioner McLeod then clarified that, "Mr. Schrimsher, what my suggestion is to you, and what I'm directing as my suggestion to the Commission, is that it would be worked out between you and Mr. Dover, as to which of the parks - with the City Manager - as to which park that would go into. It does not necessarily need to come back to this Commission, as to which one of the Parks the three of you can agree to do. You can take Micky with you - that will be four - two and two. Okay." Then, Commissioner McLeod stated, "All we're saying is the green space needs to stay in the parks. And you folks decide, over the next two weeks, where that is." Mayor Partyka asked Commissioner McLeod to reiterate his suggestion, of which he said, "The .79 is definitely still - a part of that. All I'm saying is we're now at .84, splitting it - .42, okay; and that that portion of the .42 gets split up into other parks; and that will be worked out between Mr. Dover, the City Manager, Mr. Schrimsher, and Mr. Grindstaff, over the next two weeks." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 29 OF 33 Commissioner Martinez asked, "Can you correct it to include Edge Drive..." Commissioner McLeod stated, "Yes, the City Manager's language, and Mr. Grindstaff has to look at it." Brief discussion ensued about the timeframe to complete this in. Commissioner McLeod stated, "I will retract within 'two weeks' - as long as the parties can agree to work that out - the percentages." Mr. Grindstaff added, "The percentages would be nailed down - the whereabouts - of the correction would be yet to be determined." Manager McLemore said, "Right." Commissioner McLeod then said, "And the four or you, work that out." Further discussion. Mr. Schrimsher stated, "Great. Great." Mayor Partyka added, "Okay, it's a 'done deal.'" Mr. Schrimsher added, "Good." Mr. Grindstarfthen said, "You zeroed in, Mayor, on Wetland Park. That's based on the premise that Magnolia Park. .." Commissioner McLeod said, "Is still. 79. . ." Mr. Grindstaffthen said, ".79 - and if it goes to .64, which is what is currently drawn..." Commissioner McLeod said, "Then, you're going to spread that also." Mr. Grindstaff then said, "That would be spread along with.. ." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE CHANGES TO THE DOCUMENT AS HAS BEEN OUTLINED THIS EVENING, AND THAT WE BRING IT BACK WITH NO ADDITIONAL THINGS TO THE DOCUMENT, OTHER THAN THOSE CHANGES THAT WE HAVE ALL AGREED TO, FOR THE NEXT MEETING." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION ON WHETHER THIS NEEDED TO COME BACK TO THE COMMISSION; AND THE RELATED ZONING ORDINANCE. MANAGER McLEMORE STATED, "WELL I THINK WE'VE AGREED WE'RE GOING TO DO THIS AS A CONTRACT, AND NOT UNDER THE STATE STATUTE, SO WE DON'T HAVE TO DO THE HEARINGS. WE'RE NOT DOING IT AS AN ORDINANCE, WE'RE DOING IT AS AN AGREEMENT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 30 OF 33 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Commissioner McLeod thanked everyone involved. Deputy Mayor Gennell asked for a "date certain" - for the contract. Further discussion. Deputy Mayor Gennell stated, "I would request that we get the final agreement, in time to go in our Agenda Packet." It was determined that the "date certain" to get this agreement to the Commission would be June 2, 2000. Mayor Partyka then thanked all parties involved in this effort. "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS NEXT BRIEFLY DISCUSSED. .:. .:. V. PUBLIC HEARINGS A. Community Development Department Requests The Commission Consider A Fourth Reading Of Ordinance 707 Adopting The Proposed Town Center District Boundary And Town Center District Code. Mayor Partyka stated, "We have to do a Motion to postpone the Fourth Reading of Ordinance 707. I need a Motion for that." "I'LL MAKE A MOTION." MOTION AND SECOND. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE ASKED ABOUT A DATE CERTAIN. COMMISSIONER McLEOD STATED, "JUNE 12 - AND THAT'S PART OF MY MOTION." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 31 OF 33 COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Brief discussion. "MAYOR, I MAKE A MOTION WE EXTEND FIFTEEN MINUTES." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. Deputy Mayor Gennell stated, "I want to make a specific request to have the Minutes of Regular Agenda Item 'D' typed verbatim." The Commission was in agreement. Manager McLemore said, "You have authorized us to move forward with the bid on the computer system - on the software system. And, we have been trying to tie that down - it's come to the point where we're not going to be able to go forward with that agreement. We need to move to the second entity, who was 'Munis.' And, we're putting that together at this point in time to bring back to you." Manager McLemore stated, that the new contract will be brought to the Commission, at the next meeting. "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. Attorney Garganese spoke about the postponement of the Town Center Ordinance, and asked if they would do it again. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS AGAIN BRIEFLY DISCUSSED. .:. .:. V. PUBLIC HEARINGS A. Community Development Department Requests The Commission Consider A Fourth Reading Of Ordinance 707 Adopting The Proposed Town Center District Boundary And Town Center District Code. Mayor Partyka stated, "We have to do a Motion to postpone the Fourth Reading of Ordinance 707. I need a Motion for that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2000 PAGE 32 OF 33 "MAYOR, I'D LIKE TO MAKE A MOTION THAT WE POSTPONE THE FOURTH READING OF ORDINANCE 707, TOWN CENTER ORDINANCE, UNTIL JUNE 12TH, OF THE YEAR 2000, AT 6:30." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner Martinez added, "The minutes shall reflect that it was done twice. VIII. ADJOURNMENT Mayor Partyka asked if everyone agreed to the Adjournment - and it was agreed to by the Commission. Mayor Partyka adjourned the meeting at 12:05 a.m. .:. .:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF MAY 22, 2000. .:..:. VII. REPORTS A. City Attorney - Anthony A. Garganese, Esquire B. City Manager - Ronald W. McLemore C. City Clerk - Andrea Lorenzo-Luaces D. Commission Seat III - Edward Martinez, Jr. E. Commission SeatIV - Cindy Gennell F. Commission Seat V - David W. McLeod CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2000 PAGE 33 OF 33 G. Commission Seat I - Robert S. Miller H. Commission Seat II - Michael S. Blake I. Office of the Mayor - Paul P. Partyka Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk ...... ".,.., ....:-........ ... r-.. ;. ~ > ,,,,,"\ -- - .~~';) ) . ~ ' . " !~ ~,~. ;; ... .(~ -- -- " , -........... - - {J" -.' .--:..~ ;. :-- ~.APP , . NOTE: These minutes were approved at the July 10 , 2000 City Commission Meeting.