Loading...
HomeMy WebLinkAbout2000 03 27 Other - Document Presented by Micky Grindstaff THIS WAS PRESENTED BY MICKY GRINDSTAFF AT THE MARCH 27, 2000 REGULAR MEETING, UNDER: VI. REGULAR A. City Manager Requesting City Commission To Approve An Agreement Between Schrimsher Properties And The City Relative To The Town Center. f I ""\ Transcripts of PUBLIC HEARINGS and/or WORKSHOPS CITY OF WINTER SPRINGS/SCHRIMSHER Volume IV ~- ...~ INDEX to PUBLIC HEARINGS and/or WORKSHOPS City of Winter Springs /1 Schrimsher Volume IV 1. City Commission - Regular Meetipg - October 11, 1999 2. City Commission - Regular Meeting - October 25, 1999 ...... 3. City Commission - Regular Meeting - November 8,1999 ~I~ 4. City Commission Workshop and Regular Meeting -December 13, 1999 5. City Commission - Regular Meeting - February 14, 2000 ### ---.... -j ORLDOCS 10001340,1 LKF ",. . ..' lmru Registered ProfeaaIonaI _' . Reporter 1 TRANSCRIPT OF PROCEEDINGS '.COpy . " . CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION- REGULAR MEETING ----------------------------------------------- TRANSCRIPT OF MEETING HELD ON OCTOBER 11, 1999, BEGINNING AT 6:55 P.M. AT CITY COMMISSION CHAMBERS, 1126.EAST ,STATE ROAD 434, WINTER SPRINGS,FLORIDA, AND REPORTED BY SANDRA A. MOSER, REGISTERED PROFESSIONAL REPORTER AND NOTARY PUBLIC, STATE OF FLORIDA AT LARGE. . . . . 1 . . " , - .,,- '. '. -: ~~~~..rtl~~" " .' Realtime ~~'BJrters, . }tI, "~';0\~ , . ;.":>: ,,& "~:'i';~" Inc. Registered Professional Reporters . , Certified Video Technicians . 1188 Fox Forrest Circle · Apopka. Florida .32712 · (407) 884-4662 · FAX (407) 884-4664 Sandra A. Dawkins, President [H~I Orl!nc(O" . ' . .- Professional Reporting SInce 1977 ~i_='.. 2 '"'." " < .... 1 PRO C E E DIN G S 2 DEPUTY MAYOR GENNELL: I SEE THE MAYOR IS 3 HERE. I'M GOING TO TURN THE MEETING OVER TO HIM. 4 THIS IS FOR ITEM B UNDER PUBLIC HEARINGS, 5 COMMUNITY DEVELOPMENT DEPARTMENT REQUESTS THE 6 COMMISSION CONSIDER A SECOND READING OF ORDINANCE 7 707, ADOPTING THE PROPOSED TOWN CENTER DISTRICT 8 BOUNDARY AND TOWN CENTER DISTRICT CODE." 9 MAYOR PARTYKA: GOOD EVENING, EVERYONE, ON 10 THIS FINE COLUMBUS DAY HOLIDAY. 11 (~HEREUPON, A DISCUSSION WAS HELD OFF THE 1 2 RECORD.) . , 3 1 4 MAYOR PARTYKA: I APOLOGIZE FOR YOUR PATIENC~ ON THIS ONE, AND I GUESS WE WILL LEAVE IT UP TO 1 5 STAFF ON THIS NEXT. ISSUE. 1 6 MR. CARRINGTON: THANK YOU, MR. MAYOR. THIS 1 7 IS THE SECOND READING OF ORDINANCE NUMBER 707, THE 1 8 TOWN CENTER DISTRICT CODE, AND ESTABLISHING THE 1 9 TOWN CENTER DISTRICT BOUNDARY. 20 STAFF IS PRESENT AND READY TO ANSWER 21 QUESTIONS, SHOULD THERE BE QUESTIONS. 22 MAYOR PARTYKA: CITY MANAGER, WHAT IS THE 23 SITUATION ON THIS AT THIS POINT? 24 MR. MCLEMORE: I'M RECOMMENDING THAT YOU TAKE . 25 AN ACTION TO ADOPT THE SECOND READING TONIGHT AND, . . . 3 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1J 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 BASED ON SOME ISSUES THAT HAVE BEEN RAISED, THAT WE SCHEDULE A THIRD READING AND FINAL READING AT THE NEXT REGULAR SCHEDULED COMMISSION MEETING. THIS WILL NOT BE AN ADOPTION ACTION TONIGHT. IT'S AN AFFIRMATIVE ACTION TO MOVE THIS AHEAD. WE DO NOTICE THAT THE FINAL ADOPTION WILL BE SCHEDULED FOR YOUR NEXT COMMISSION MEETING. NOW, YOU DON'T HAVE TO DO THAT. YOU CAN JUST NOT TAKE ACTION TONIGHT AND WAIT UNTIL YOUR NEXT COMMISSION MEETING. I WOULD PERSONALLY LIKE TO SEE YOU TAKE SOME AFFIRMATIVE ACTION TONIGHT. MAYOR PARTYKA: A QUICK DETAIL. MR. gARgAN~SE, W~~COM~ ABOARg AS, . gU~SS, OFFIC.A~ CITY ATTORNEY NOW FOR THE CITY. MR. GARGANESE: THANK YOU, MAYOR. MAYOR PARTYKA: WHAT IS YOUR THOUGHTS ON WHAT THE CITY MANAGER IS SAYING? WHAT IS YOUR RECOMMENDATION? MR. GARGANESE: I WOULD CONCUR WITH THE CITY MANAGER. I WOULD RECOMMEND NOT TAKING AN ADOPTION ACTION ON THIS ORDINANCE. MAYOR PARTYKA: USE THE MIKE. MR. GARGANESE: I WOULD RECOMMEND NOT ADOPTING THIS ORDINANCE THIS EVENING. SOME ISSUES HAVE BEEN RAISED AND SOME CORRESPONDENCE WAS SENT '. ",-, .. . 4 1 TO CITY OFFICIALS AND MYSELF THAT WE NEED TO BE 2 LOOKING AT, SO.I WOULD RECOMMEND NOT ADOPTING IT. 3 MAYOR PARTYKA: OKAY. COMMISSIONER BLAKE? 4 MR. BLAKE: YES, IT IS, MAYOR, FOR THIS ITEM. 5 MAYOR PARTYKA: OKAY. 6 MR. BLAKE: I ALSO HAVE SOME CONCERNS ABOUT 7 ADOPTING THIS THIS EVENING. SPECIFICALLY, PRIOR 8 TO US COMING TO THIS POINT OF ACTUAL ADOPTION OF 9 THIS ORDINANCE, I BELIEVE THAT WE WERE TO HAVE THE ..' 1 0 CITY MANAGER SIT DOWN WITH SOME OF THE PROPERTY 1 1 OWNERS AND DISCUSS SOME ISSUES OF COMMON INTEREST 1 2 THAT, STILL, I THINK REMAIN ON THE TABLE. 1 3 HAVE THOSE MEETINGS YET OCCURRED? 1 4 MR. MCLEMORE: WE HAVE NOT GOTTEN AS FAR AS 1 5 WE WOULD LIKE TO. WE HAVE SENT A PROPOSED 1 6 AGREEMENT TO HIM, WHICH IS A RESPONSE TO THEIR 1 7 INITIAL PROPOSED AGREEMENT. I THINK WE HAVE A 1 8 MEETING SCHEDULED FOR WEDNESDAY TO CONTINUE 1 9 DISCUSSIONS, AND I THINK BY AGAIN PUTTING THIS OFF 20 UNTIL YOUR NEXT MEETING WOULD GIVE US TIME TO DO 21 SOME WORK AND GET BACK TO YOU BY THE FINAL 22 MEETING. 23 MR. BLAKE: MY CONCERN WOULD BE THAT MAYBE 24 NEXT MEETING IS NOT LONG ENOUGH. I MEAN, NOT THAT 25 WE SHOULDN'T HAVE HAD ENOUGH TIME ALREADY OVER THE . , . . 5 1 LAST SIX MONTHS OR SO TO IRON SOME OF THESE THINGS 2 OUT. 3 WHAT WOULD BE ~HE PROBLEM OF PUTTING IT OFF 4 UNTIL THE SECOND MEETING, NOT THE NEXT MEETING? 5 AND, AGAIN, THE ONLY REASON I'M SAYING THAT IS 6 BECAUSE, APPARENTLY FOR SOME REASON, THE TWO 7 PARTIES HAVE NOT BEEN ABLE (INAUDIBLE) WHOSE FAULT 8 IT ISI WHETHER IT'S OURS OR SOMEBODY ELSE'S, BUT 9 IT'S MY UNDERSTANDING THAT A MEETING HAS NOT YET 1 0 TAKEN PLACE. 1 1 AND I'M GLAD TO HEAR THERE IS A MEETING 1 2 SCHEDULED FOR WEDNESDAY. WILL THAT SINGLE MEETING 1 3 BE ENOUGH TO HAMMER OUT THE ISSUES THAT REMAIN? 1 4 MR. MCLEMORE: WELL, NO, I DON'T THINK SO. WE 1 5 DON'T KNOW UNTIL WE GET THERE, BUT IF THE 1 6 SCHRIMSHERS ARE AVAILABLE WITH THEIR COUNSEL, I 1 7 DON'T KNOW THAT WE COULDN'T HAVE TWO OR THREE 1 8 MEETINGS OR FOUR MEETINGS BY THE TIME WE HAVE THE 1 9 NEXT COMMISSION MEETING. 20 YOU KNOW, I WOULD SHOOT FOR IT. I THINK 21 WE'RE GOING TO KNOW WHAT WE'RE GOING TO KNOW 22 RELATIVELY SOON IN TERMS OF OUR ABILITY TO COME TO 23 AN AGREEMENT. 24 MR. BLAKE: BUT WE HAVEN'T YET, AND THAT'S 25 PART OF MY PROBLEM. PUTTING IT OFF ANOTHER TWO . . - ..- . 6 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 WEEKS, .IS THAT GOING TO SOLVE THE ISSUE? MR. MCLEMORE~ I WOULD SUGGEST WE SHOOT FOR THE NEXT MEETING. IS THERE ANY REASON THAT YOU-ALL CAN'T MEET TWO OR THREE ,TIMES BEFORE THIS NEXT MEETING, THAT YOU CAN THINK OF? MR. GRINDSTAFF: MR. MAYOR. MAYOR PARTYKA; YES, COME ON UP, MR. GRINDSTAFF. MR. GRINDSTAFF: THANK YOU, MR. MAYOR. MICKEY GRINDSTAFF,--LAW FIRM OF SHUTTS & BOWEN, 20 NORTH ORANGE AVENUE, ORLANDO, FLORIDA 32801, REPRESENTING THE SCRIMSHER GROUP. IN RESPONSE TO MR. MCLEMORE'S COMMENTS THERE, WE HAVE BEEN AVAILABLE TO MEET FOR THE LAST SIX WEEKS ON THIS THING. WE THINK WE CAN MEET MULTIPLE TIMES BETWEEN NOW AND THE NEXT COMMISSION MEETING. HOWEVER, I MUST AGREE WITH COMMISSIONER BLAKE; THERE ARE A NUMBER OF ISSUES THAT MAY TAKE SOME TIME, ESPECIALLY IN LIGHT OF WHAT WE BELIEVE WAS A STEP BACKWARD WITH THE RECENT DRAFT, FRANKLY. I DON'T WANT TO GET SIDEWAYS, BECAUSE I DO THINK THAT SOME PROGRESS WAS BEING MADE. WE STILL THINK PROGRESS CAN BE MADE, AND WE WANT TO MEET. . ~ . . 7 1 IN FACT, WE SPOKE WITH THE NEW CITY, ATTORNEY ON 2 FRIDAY. WE SCHEDULED THE FIRST AVAILABLE 3 OPPORTUNITY TO MEET, WHICH IS WEDNESDAY MORNING, 4 AND WE WOULD LIKE TO DO THAT. 5 I CAN'T PROMISE YOU, COMMISSIONER BLAKE, THAT 6 TWO WEEKS IS SUFFICIENT, BUT I KNOW THAT WE WILL 7 GIVE IT OUR BEST SHOT IN TERMS OF AVAILABILITY AND 8 BEING AT THE. MEETING ON TIME, WHICH I'M ASSUMING 9 WOULD OCCUR HERE, THE MEETING SPACE AVAILABLE. 1 0 MR. BLAKE: IF I MIGHT ASK YOU THIS: 1 1 PREVIOUSLY WHEN WE POSTPONED THIS ITEM TO A 1 2 MEETING AT A LATER DATE, YOU REPRESENTED, ON 1 3 BEHALF OF THE PROPERTY OWNER, THAT YOU WOULD 1 4 CONTINUE TO HONOR THE STANDSTILL AGREEMENT THAT 1 5 WAS IN PLACE, THE WRITTEN DOCUMENT, BUT SINCE 1 6 EXPIRED; AND THAT YOUR VERBAL REPRESENTATION ON 1 7 THE MINUTES AT THAT PREVIOUS MEETING WOULD BE 1 8 SUFFICIENT. 1 9 WOULD YOU BE WILLING TO MAKE THAT SAME 20 REPRESENTATION? 21 MR. GRINDSTAFF: TO A DATE CERTAIN, YES, 22 SIR. NOT INDEFINITELY, BUT TO A DATE CERTAIN. 23 MR. BLAKE: I APPRECIATE THAT. 24 MR. GRINDSTAFF: TWO WEEKS OR SOMETHING, WE 25 CAN DO SOMETHING LIKE THAT. -t. ' 'X':'! . . 8 1 MR. BLAKE: IF WE ARE TO POSTPONE THIS ITEM 2 UNTIL THE NEXT MEETING, WHICH IS, I BELIEVE, THE 3 25TH OF OCTOBER, WOULD YOU BE WILLING TO STAND BY 4 THAT STANDSTILL AGREEMENT FOR THAT PERIOD OF TIME? 5 MR. GRINDSTAFF: YES, WE WOULD. 6 MR. BLAKE: OKAY. 7 MR. GRINDSTAFF: BUT BEFORE WE DO THAT, I 8 WOULD LIKE TO GET CAUGHT UP ON A FEW THINGS FOR 9 THE BENEFIT OF THE RECORD AND, I THINK, FOR THE :1 0 BENEFIT OF SOME OF THE FOLKS THAT ARE HERE THIS 1 1 EVENING, IN ANTICIPATION OF THE SECOND READING, 1 2 AND FOR THE BENEFIT OF THE NEW CITY ATTORNEY. 1 3 I KNOW THAT ALONG THE WAY I THINK -- WE HAVE 1 4 TALKED ABOUT THIS A NUMBER OF TIMES. WE'VE HAD A 1 5 COURT REPORTER HERE WHO HAS TRANSCRIBED EVERY 1 6 HEARING WE'VE HAD ON THIS THING, OF WHICH THERE 1 7 HAVE BEEN MANY AND OF WHICH THERE HAS BEEN A LOT 1 8 OF PAPER PRODUCED BY HER. 19 BECAUSE WE HAVE BEEN GEARED UP FOR THIS 20 SECOND READING A NUMBER OF TIMES, RIGHTFULLY OR 21 WRONGFULLY WE HAVE BEEN HAVING TO GET GEARED UP 22 FOR IT, WE WOULD LIKE TO TENDER THE TRANSCRIPTS TO 23 DATE INTO THIS RECORD AND GIVE YOU EACH A COpy OF 24 IT, AS WELL AS THE NEW CITY ATTORNEY, ESPECIALLY, 25 AND MR. MCLEMORE, AND AT LEAST BE CAUGHT UP AS OF ~ . . 9 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 OCTOBER 11, 1999. THERE'S NO NEED TO GO BACK AND REHASH ALL THAT'S HAPPENED, BUT JUST TO KEEP IT MOVING, BECAUSE WE HAVE BEEN CARRYING THESE THINGS AROUND WITH US FOR A LONG TIME, AND.THE COURT REPORTER HAS BEEN NICE ENOUGH TO GET THEM COMPILED FOR US, AND L WOULD LIKE TO DO THAT. MAYOR PARTYKA: OKAY. IS THAT IT, COMMISSIONER? MR. BLAKE: YES, SIR. MAYOR PARTYKA: THANK YOU FOR THOSE COMMENTS. IF YOU WANT TO STAY THERE JUST IN CASE THERE MAY BE SOME OTHER QUESTIONS. COMMISSIONER MCLEOD. MR. MCLEOD: RATHER THAN HAVING THIS AND THEN GO TO A THIRD READING, IS THERE A REASON THAT THIS CANNOT JUST BE TABLED THIS EVENING TO MOVE FORWARD, OR IS THIS ALSO -- I DID READ SOMETHING IN REGARD TO THE KINGSBURY PROPERTY, AND DO WE NEED TO HEAR FROM THE KINGSBURYS ON THIS SAME ISSUE AT THIS TIME? MR. MCLEMORE: LET US CONFER JUST A MOMENT. MR. MCLEOD: SURE. MR. GRINDSTAFF: FOR WHAT IT'S WORTH, COMMISSIONER MCLEOD, WE WOULD AGREE WITH YOU. . '- . . 1 0 1 IT'S BEEN TABLED AND CONTINUED A NUMBER OF TIMES. 2 FRANKLY, I'M NOT SURE OF THE CONSEQUENCES OF THE 3 SECOND VERSUS THIRD -- SECOND WITHOUT ADOPTION 4 VERSUS THIRD WITH ADOPTION. 5 WHAT'S WRONG WITH-TREATING THIS ORDINANCE 6 LIKE EVERY OTHER ORDINANCE OF THE CITY AND US AND 7 THESE PROPERTY OWNERS, LIKE YOUR OTHER PROPERTY 8 OWNERS OF THE CITY, AND SIMPLY CONTINUE THIS 9 ORDINANCE WITH THE STANDSTILL AGREEMENT. FRANKLY, 1 0 WE DON'T WANT TO 1 1 MR. MCLEOD: THAT'S MY QUESTION. 1 2 MR. GRINDSTAFF: WE DON'T WANT TO THROW 1 3 ROCKS, BUT THAT'S A CURIOUS APPROACH TO US. 1 4 MAYOR PARTYKA: LET'S WAIT FOR A SECOND 1 5 HERE. OKAY. 1 6 MR. GRINDSTAFF: IN TERMS OF TIMING, IF I 1 7 MIGHT, MR. MAYOR, WHILE THEY'RE DOING THIS -- 1 8 MAYOR PARTYKA: SURE. 1 9 MR. GRINDSTAFF: LET'S DON'T FORGET THE 20 NEED FOR WRAPPING UP OF A WORKSHOP THAT HAS BEEN 21 CUT SHORT A NUMBER OF TIMES; POSTPONED, CUT SHORT, 22 AND I THINK THAT THAT MAY PLAY INTO MR. BLAKE'S 23 COMMENT ABOUT -- IN TERMS OF TIME. 24 A MEETING WITH STAFF IS ONE THING. PULLING 25 TOGETHER A WORKSHOP AFTER MEETING WITH STAFF IS '. ',-- . '. . 1 1 1 YET ANOTHER. WE'RE NOT TRYING TO POSTPONE. WE 2 HAVE BEEN HERE EVERY TIME, WITH SHORT NOTICES MANY 3 TIMES. 4 MAYOR PARTYKA: OKAY. CITY MANAGER? 5 MR. MCLEMORE: IF YOU COULD GIVE US ONE MORE 6 MOMENT, PLEASE. 7 MAYOR PARTYKA: YOU STILL HAVE THE FLOOR, MR. 8 MCLEOD. DO YOU WANT TO JUST WAIT? 9 MR. MCLEOD: I HAVE NO OTHER QUESTIONS AT 1 0 THIS TIME ON IT. 1 1 MAYOR PARTYKA: WE WILL WAIT FOR AN ANSWER. 1 2 MR. MCLEOD: I WOULD LIKE TO GET THE ANSWER. 1 3 MR. MCLEMORE: WHAT I WOULD LIKE TO DO, IF IT 1 4 WOULD BE OKAY WITH THE COMMISSION, IS I NEED TO 1 5 MEET WITH A STAFF PERSON FOR ABOUT FIVE MINUTES ON 1 6 THIS. IF WE COULD JUST TABLE THIS FOR A FEW 1 7 MINUTES OR HAVE A FIVE-MINUTE RECESS OR BRING IT 1 8 BACK AT THE END OF THE MEETING. 1 9 MAYOR PARTYKA: DOES THAT TALK TO THE POINT 20 OF WHETHER IT'S GOOD TO STAY ON -- IT'S GOOD TO 21 TABLE THIS WHOLE THING TO THE SECOND READING 22 RATHER THAN GO THROUGH THE SECOND 23 MR. MCLEMORE: YES. YES. 24 MAYOR PARTYKA: ALL RIGHT. TELL YOU WHAT. 25 .HERE'S WHAT WE WILL DO. . . . , 2 , 2 3 4 5 6 7 8 9 , 0 , 1 , 2 1 3 , 4 , 5 , 6 1 7 , 8 , 9 20 21 22 23 24 25 MR. MCLEOD: TAKE FIVE. DEPUTY MAYOR.GENNELL: TAKE FIVE. MAYOR PARTYKA: LET'S TAKE FIVE MINUTES. HERE'S WHAT I WOULD ALSO LIKE TO DO. FIVE MINUTES, WE'LL COME BACK, AND I HAVE A SPECIAL PRESENTATION THAT I'M GOING TO SURPRISE THE COMMISSION WiTH. I THOUGHT IT WAS KIND OF NICE AND I HAVE ASKED SOME PEOPLE TO COME. WE WANT TO MAKE SURE THEY'RE HERE, SO THAT PRESENTATION WILL TAKE 30 SECONDS, BUT YOU WILL GET A KICK OUT OF IT BECAUSE IT'S WHAT THIS COMMISSION HAS VOTED FOR AND WE FINALLY GOT, SO IT WILL BE KIND OF FUN. I TELL YOU WHAT WE'RE GOING TO DO, WHICH IS A GOOD POINT. WE WILL LET YOU GO AND WHAT WE WILL DO IS WE WILL DO THE SPECIAL PRESENTATION, IF THAT'S OKAY. OKAY? (WHEREUPON, A RECESS WAS TAKEN.) MAYOR PARTYKA: LET'S BRING THIS MEETING BACK TO ORDER. ALL THE COMMISSIONERS NEED TO COME BACK. ALL RIGHT. EVERYBODY GRAB A SEAT. WE WILL FINISH THIS MEETING AND THIS DISCUSSION ON THIS AGENDA ITEM. OKAY. ADRIAN, I'M GOING TO CALL THIS MEETING BACK TO ORDER. MR. CITY MANAGER OR MR. ATTORNEY. MR. MCLEMORE: MR. MAYOR, DISCUSSING THE . ...... . . 13 1 TECHNICAL ISSUE, I THINK WE HAVE A SENSE NOW OF 2 WHAT WE DESIRE TO DO. 3 IN THE KINGSBURY PROPERTY, THIS ORDINANCE WAS 4 ADVERTISED TO INCLUDE THAT KINGSBURY PROPERTY BE 5 ANNEXED INTO THE CITY, INTO THE DISTRICT -- INTO 6 THE TOWN CENTER DISTRICT. AND SO MY REASON FOR 7 WANTING YOU TO TAKE A SECOND READING TONIGHT IS SO 8 WE EFFECTUATE, IN EFFECT, THE FIRST READING OF 9 THAT ANNEXATION INTO THE DISTRICT. 1 0 AND THEN ONCE YOU DO THE THIRD READING, THEN 1 1 YOU WILL DO THE ADOPTION OF THAT DISTRICT AS 1 2 AMENDED WITH THE KINGSBURY PROPERTY INCLUDED. 1 3 AND SO TO CONFIRM WITH EVERYBODY, I THINK 1 4 EVERYBODY IS IN AGREEMENT WITH ME ON THIS. THESE 1 5 ARE THE THREE STEPS -- OR THE TWO STEPS WE NEED TO 1 6 MAKE: ADOPT THIS AS PUBLICLY ADVERTISED TONIGHT, 1 7 WHICH WOULD INCLUDE AMENDING THE ORDINANCES -- THE 1 8 MAPS AND THE ORDINANCES TO SHOW THAT AS ANNEXED 1 9 PROPERTY RATHER THAN STILL REMAINING OUTSIDE THE 20 CITY. 21 AND THEN WE DO THE FINAL ADOPTION -- OR 22 SCHEDULE THE FINAL ADOPTION FOR YOUR NEXT REGULAR 23 MEETING WITH THAT AMENDMENT MADE BY THIS 24 COMMISSIONER TONIGHT. 25 YOU NEED TO DO THAT BY A MOTION. .. '\. . . , 14 1 MAYOR PARTYKA: SO, EFFECTIVELY, IT'S REALLY 2 THE FIRST READING OF THIS ENTIRE PIECE; IS THAT 3 CORRECT? 4 MR. MCLEMORE: IT BASICALLY ROLLS YOUR FIRST 5 READING TO THIS MEETING WITH THIS CHANGE, 6 INCLUDING THE ANNEXED AREA ON THE MAP. 7 MAYOR PARTYKA: OKAY. ALL RIGHT. 8 MR. MCLEMORE~ YOU WILL DIRECT US IN YOUR 9 MOTION TO AMEND THE MAP OR CORRECT THE MAP, 1 0 CONSISTENT WITH YOUR MOTION TO INCLUDE THE ANNEXED 1 1 AREA IN THE DISTRICT, AS ADVERTISED. 1 2 MAYOR PARTYKA: OKAY. ALL RIGHT. EVERYONE 1 3 UNDERSTAND WHAT THAT IS? OKAY. LET ME THERE'S 1 4 STILL SOME LIGHTS ON, SO THE NEXT ONE IS 1 5 COMMISSIONER MILLER? NO. YOU HAVE TAKEN OFF YOUR 1 6 LIGHT. 1 7 MR. MILLER: MY ONLY CONCERN WAS THAT THE 1 8 AGREEMENT WOULD CONTINUE WITH MR. SCRIMSHER. 1 9 MAYOR PARTYKA: OKAY. THANK YOU; 20 COMMISSIONER GENNELL AND COMMISSIONER MARTINEZ. 21 DEPUTY MAYOR GENNELL: WELL, MY QUESTION 22 MIRRORS COMMISSIONER MCLEOD'S QUESTION. 23 AUDIENCE PARTICIPANT: CAN'T HEAR. 24 DEPUTY MAYOR GENNELL: MY QUESTION MIRRORS 25 COMMISSIONER MCLEOD'S QUESTION, AND THAT'S IN . ~ . . , 1 5 1 REGARD TO THE PIECES OF PROPERTY THAT MR. 2 SCRIMSHER AND MR. GRINDSTAFF DO NOT REPRESENT THAT 3 ARE INCLUDED IN THIS AREA. 4 MR. MCLEMORE: I'M NOT SURE I UNDERSTAND. 5 DEPUTY MAYOR GENNELL: IN OTHER WORDS, DO WE 6 HAVE ANY DEVELOPMENT PENDING TO COME IN DURING THE 7 TIME WHEN WE ARE EXTENDING THIS? 8 MR. MCLEMORE: THERE IS NOTHING PLANNED AT 9 THIS POINT IN TIME. THERE IS SOME PROPOSALS THAT 1 0 HAVE COME IN THE SHOP. THEY HAVE NOT BEEN 1 1 SCHEDULED FOR DRC ACTION YET AND WOULD NOT GET 1 2 BACK TO THIS COMMISSIONER FOR SOME TIME. 1 3 WHEN I SAY SOME TIME, PROBABLY AFTER THE 1 4 FIRST OF THE YEAR. 1 5 DEPUTY MAYOR GENNELL: THEN THERE IS NO 1 6 DEVELOPMENT THAT'S PENDING RIGHT NOW OR SITTING 1 7 OUT THERE IN A FORMAL PROCESS FOR ANY OF THE 1 8 PROPERTY INVOLVED IN THIS TOWN CENTER? 1 9 MR. MCLEMORE: WELL, THERE IS A PROPOSAL THAT 20 CAME IN THE DOOR FRIDAY AFTERNOON LATE. THAT 21 PROPOSAL HAS RECEIVED NO STAMP FROM YOU AT THIS 22 POINT IN TIME, HAS NOT BEEN SCHEDULED FOR DRC YET, 23 AND WILL BE IN THE DRC FOR SOME TIME BEFORE IT 24 GETS TO THE COMMISSION. 25 DEPUTY MAYOR GENNELL: OKAY. SO IF WE HAVE . . . 1 6 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1'5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 ASSURANCES FROM MR. GRINDSTAFF THAT THEY WOULD NOT BRING FORTH ANY PROPOSED THINGS. MR. MCLEMORE: THAT'S NOT MR. GRINDSTAFF. THAT'S KINGSBURY PROPERTY. DEPUTY MAYOR GENNELL: WHAT IS? MR. GRINDSTAFF: WE FULFILLED EVERY ONE OF OUR ASSURANCES. MR. MCLEOD: THEIR PROPOSAL. IT'S NOT THE SCRIMSHER PROPERTY. DEPUTY MAYOR GENNELL: THAT'S EXACTLY WHAT I'M SAYING. I'M SAYING THAT HE ASSURED US A FEW MINUTES AGO THAT, WHILE THIS IS GOING ON, THAT THE SCRIMS HER PROPERTIES WERE NOT INTENDING ON BRINGING ANYBODY IN; THEY WERE GOING TO ABIDE BY THEIR STANDSTILL AGREEMENT. MR. GRINDSTAFF: TO A DATE CERTAIN, YES, MA'AM. PLEASE UNDERSTAND, WHATEVER HAPPENED ON FRIDAY WAS NOT THE SCRIMSHER PROPERTY. DEPUTY MAYOR GENNELL: EXACTLY. SO I WAS JUST REITERATING THE FACT THAT I ACCEPT THE FACT THAT YOU DID THAT. THANK YOU VERY MUCH. AND MY ONLY CONCERN THEN IS THE ADJOINING PROPERTIES, ARE THEY INVOLVED IN A STANDSTILL AGREEMENT OR NOT? AND DOES IT PUT THIS PROJECT IN JEOPARDY IF WE GO ON EXTENDING THIS AND THESE . . . 1 7 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MYSELF AND MAKE SURE THAT, YOU KNOW I'M NOT CLEAR ON EVERYTHING THAT HAS OCCURRED AND IS OCCURRING, BUT WE WILL BE SPENDING A SIGNIFICANT SUM OF MONEY, POTENTIALLY, AND WE WOULD LIKE TO MAKE SURE THAT OUR INTERESTS ARE BEING RECOGNIZED. THANK YOU. MAYOR PARTYKA: MR. SHURTZ, THANK YOU VERY MUCH FOR COMING UP. :. ....... . . " 18 1 DEPUTY MAYOR GENNELL: MR. SHURTZ 2 MAYOR PARTYKA: MR. SHURTZ, MIGHT AS WELL 3 STAY UP HERE. 4 DEPUTY MAYOR GENNELL: -- IS IT YOUR 5 REPRESENTATION, AS IT IS WITH MR. GRINDSTAFF, THAT 6 WHILE WE ARE IN THIS PROCESS, THAT YOU WILL ABIDE 7 BY A STANDSTILL AGREEMENT? 8 MR. SHURTZ: I'M NOT CLEAR ON WHAT THE 9 STANDSTILL AGREEMENT PROVISIONS ARE. WE HAVE 1 0 SUBMITTED A SITE PLAN FOR DEVELOPMENT OF THE PIECE 1 1 THAT WE ARE INTENDING TO PURCHASE, AND THAT WAS 1 2 DONE ON FRIDAY. 1 3 MAYOR PARTYKA: JUST ONE THOUGHT HERE, 1 4 COMMISSIONER. I BELIEVE THERE IS NO REQUIREMENT 1 5 FOR MR. SHURTZ OR MR. KINGSBURY TO BE IN ANY KIND 1 6 OF STANDSTILL AGREEMENT; IS THAT CORRECT? 1 7 MR. MCLEMORE: WE HAVE NOT HAD ANY 1 8 DISCUSSIONS IN THE PAST, THAT I RECALL, WITH 1 9 MR. KINGSBURY ABOUT A STANDSTILL AGREEMENT. 20 MR. SHURTZ: AND I THINK OUR ATTORNEYS HAVE 21 SOME ISSUE WITH THE ANNEXATION OF THE PROPERTY 22 THAT PROBABLY WARRANTS FURTHER DISCUSSION. 23 MAYOR PARTYKA: ANY ADDITIONAL COMMENTS? 24 MR. MCLEMORE: THE ONLY QUESTION IS IF THAT'S 25 SOMETHING THE COMMISSION DESIRES, ARE THEY WILLING . "- . ...., . 1 6 1 7 1 8 1 9 20 21 22 23 24 25 1 9 1 TO DO IT? WHAT I'M HEARING THEM SAY TONIGHT IS 2 THAT THEY DON'T UNDERSTAND OR THEY'RE NOT 3 WILLING. 4 MR. SHURTZ: I THINK THAT WE NEED MORE 5 DISCUSSION RELATIVE TO -- YOU KNOW, WE ARE KIND OF 6 (INAUDIBLE) TO ~HIS, SO IT WOULD BE PREMATURE FOR 7 ME TO MAKE STATEMENTS ONE WAY OR THE OTHER. I'M 8 NOT LOOKING TO DO ANYTHING DETRIMENTAL TO THE 9 COMMISSION. I'M CERTAINLY NOT LOOKING TO DO 10 ANYTHING DETRIMENTAL TO OUR OWN INTEREST. 1 1 MAYOR PARTYKA: THAT'S FAIR ENOUGH. 1 2 COMMISSIONER, DOES THAT -- 1 3 DEPUTY MAYOR GENNELL: YOU'RE THE BUYER OF 1 4 THE PROPERTY OR YOU REPRESENT THE BUYER? 1 5 MR. SHURTZ: I AM THE BUYER. DEPUTY MAYOR GENNELL:' YOU ARE THE BUYER. AND YOU'RE AWARE OF THIS TOWN CENTER DEVELOPMENT PROJECT? MR. SHURTZ: WE REALIZE THERE'S A PROPOSAL UNDERWAY, YES. DEPUTY MAYOR GENNELL: YOU KNEW THIS WHEN YOU BOUGHT THE PROPERTY, WHEN YOU ENTERED INTO THE CONTRACT? MR. SHURTZ: WE KNEW THAT IT WAS AN ISSUE UP FOR DISCUSSION WITH THE CITY OF WINTER SPRINGS. . .~. "h ,1 0 . . 20 1 DEPUTY MAYOR GENNELL: WELL, JUST TO HELP CLARIFY FOR YOU, THis IS A THING THAT'S BEEN GOING 2 3 ON FOR TWO YEARS. AND MR. AND MRS. KINGSBURY HAVE 4 BEEN SUPPORTIVE OF IT ALL ALONG, AND IT'S OF A 5 GREAT DEAL OF IMPORTANCE TO THE CITIZENS OF THIS 6 CITY. 7 THE CITIZENS MET ON SEVERAL OCCASIONS AND 8 GAVE THE COMMISSION THE INPUT. IN SEVERAL 9 COMMUNITY MEETINGS WE HAD CHARRETTES. SO THIS TOWN CENTER IS A PRODUCT OF CITIZEN INPUT AND 1 1 COMMISSION WORK AND JOINT WORK OF THE PROPERTY 1 2 OWNERS, AND SO YOU NEED TO UNDERSTAND THE 1 3 SIGNIFICANCE AND THE AMOUNT AND VOLUME OF WORK 14 THAT'S GONE INTO THIS, YOU KNOW, AND THE INTENT OF 1 5 , . THE COMMISSION TO DO WHAT THE COMMUNITY INDICATES 1 6 TO US THAT THEY WANT TO ACCOMPLISH HERE. 1 7 MR. SHURTZ: AND WE ARE RESPECTFUL OF THAT 1 8 POSITION. WE WOULD NOT -- OUR DEVELOPMENT PLANS 1 9 WOULD NOT BE INCONSISTENT WITH WHAT WE FEEL WOULD 20 BE APPROPRIATE FROM WHERE YOU'RE HEADED. WE JUST 21 WANT TO MAKE SURE THAT YOU KNOW, WE UNDERSTAND 22 ALL ASPECTS OF THAT. 23 MR. MCLEMORE: WELL, WE WOULD BE HAPPY TO 24 MEET WITH THEM. WE CAN SIT DOWN AND TALK AT 25 LENGTH ABOUT THIS. '. . . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 -. 1 6 1 7 18 1 9 20 21 22 23 24 25 21 MR. SHURTZ: OKAY. THANK YOU VERY MUCH. MAYOR PARTYKA: ANYTHING ELSE, COMMISSIONER? DEPUTY MAYOR GENNELL: . NOT AT THIS TIME. MAYOR PARTYKA: COMMISSIONER MARTINEZ. MR. MARTINEZ: WELL, AS I UNDERSTAND THIS AND CORRECT ME IF I'M WRONG, CITY MANAGER -- AT THIS TIME WE DO NOT NEED ANY KIND OF .EXTENSIVE AGREEMENT WITH THESE FOLKS BECAUSE WE NEVER HAD ANY KIND OF DEALINGS BEFORE, ,AND THEY'RE ENTERING INTO NEGOTIATIONS WITH THE CITY AT THIS TIME. MR. MCLEMORE: THEY HAVE A PROPOSAL WHICH THEY SUBMITTED LATE FRIDAY. WE HAVE NOT HAD ANY STANDSTILL DISCUSSIONS WITH THEM. AND WHAT THEY'RE SAYING AT THIS POINT IN TIME IS THEY DON'T KNOW WHETHER THEY WOULD DESIRE TO ENTER INTO SUCH A STANDSTILL AGREEMENT OR NOT AT THIS POINT IN TIME. MR. MARTINEZ: SO THIS IS SOMETHING TO DEAL WITH IN THE VERY NEAR FUTURE? MR. MCLEMORE: OH, YES. WE WILL BE HAPPY TO MEET WITH THEM TOMORROW AND START BRINGING THEM UP TO DATE ON WHAT THIS IS ALL ABOUT AND WHAT THE ISSUES ARE. MR. MARTINEZ: FURTHERMORE, YOU SAID THAT YOU WOULD LIKE US TO APPROVE THIS SECOND READING 22 . , 1 TODAY. 2 MR. MCLEMORE: CORRECT. 3 MR. MARTINEZ: WHICH WOULD IN ANY MANNER, SHAPE, OR FORM INFRINGE UPON THE RIGHTS OF ANY 4 5 PROPERTY OWNER OR ANY PERSON WHO IS INTENDING TO 6 GET INVOLVED IN ANY TRANSACTION WITH THE CITY AS 7 FAR AS THE TOWN CENTER IS CONCERNED? 8 MR. MCLEMORE: WHAT YOUR ADOPTION TONIGHT 9 WILL DO IS BRING THE KINGSBURY PROPERTY, WHICH HAS 1 0 BEEN ANNEXED INTO THE CITY, OFFICIALLY INTO THE 1 1 ZONING MAP OR THE DISTRICT BOUNDARY AS ADVERTISED, 1 2 INCLUDING YET IN THE DISTRICT. . 1 3 WELL, THE ISSUES THAT HAVE BEEN RAISED BY THE 1 4 ATTORNEYS, OR THE DEVELOPER HAS TALKED TO YOU, WAS 1 5 THAT WHEN THIS PROPERTY -- WHEN WE HAD THE FIRST 1 6 READING ON THIS ORDINANCE, THE PROPERTY HAD NOT 1 7 BEEN ANNEXED AND, THEREFORE, THEY'RE ENTITLED TO 1 8 TWO READINGS. 1 9 SO WE ARE BRINGING THE ANNEXED PROPERTY INTO 20 THE ORDINANCE TONIGHT BY MOTION OF THE COMMISSION 21 AS A FIRST TIME OR FIRST READING. AND THEN AT THE 22 NEXT MEETING WE ARE SCHEDULED TO ADOPT THE 23 ORDINANCE AS AMENDED BY THE COMMISSION TONIGHT. 24 MR. MARTINEZ: THAT'S WHAT I SAID. YOU'RE . 25 NOT INFRINGING ON ANYONE'S RIGHTS WHATSOEVER BY ~ . . 23 1 2 3 4 5 6 7 8 9 1 0 1 1 , 2 1 3 1 4 ., 5 1 6 , 7 1 8 1 9 20 21 22 23 24 25 MAKING A MOTION TO APPROVE THE SECOND READING, WHICH WOULD BE THE FIRST READING FOR THE ~ECORD AT THIS TIME. MR. MCLEMORE: NO, I DON'T THINK SO. MR. MARTINEZ: MR. GARGANESE? MR. GARGANESE: JUST SO I'M CLEAR, I WANT TO MAKE SURE YOUR QUESTION IS ANSWERED PROPERLY. MR. SHURTZ, YOUR ATTORNEYS, ARE THEY RUDNICK & WOLF? MR. SHURTZ: YES, SIR. MR. GARGANESE: ON OCTOBER 7TH, THE DAY BEFORE THEY SUBMITTED THEIR SITE PLAN, .RUDNICK & WOLF, MR. SHURTZ' ATTORNEYS, SUBMITTED A LETTER RAISING SEVERAL PROCEDURAL OBJECTIONS REGARDING THE ADOPTION OF THE TOWN CENTER ORDINANCE. ONE OF THOSE PROCEDURAL OBJECTIONS WAS THAT THEIR PROPERTY WAS NOT INCLUDED IN THE FIRST READING OF THE ORDINANCE. AND THEY'RE SAYING THAT'S A POTENTIAL DEFICIENCY. WHAT THE CITY MANAGER IS RECOMMENDING THIS EVENING IS THAT YOU INCLUDE THE KINGSBURY PROPERTY INTO THE ZONING DISTRICT ORDINANCE AND HAVE A READING THAT INCLUDES THE KINGSBURY PROPERTY. MR. MARTINEZ: BY APPROVING THIS ITEM B TONIGHT? MR. GARGANESE: YES. FOR A READING, NOT . . . 24 , 2 3 4 5 6 7 8 9 , 0 1 1 1 2 , 3 1 4 1 5 1 6 , 7 1 8 , 9 20 21 22 23 24 25 APOPTION. MR. MARTINEZ:' NO. I KNOW. I UNDERSTAND THE ADOPTION COMES ON THE 25TH, IF IT DOES COME. MR. GARGANESE: YES. THANK YOU. THANK YOU. MR. MARTINEZ: MAYOR PARTYKA: LIGHTS ARE ON AGAIN. COMMISSIONER MCLEOD AND THEN COMMISSIONER GENNELL. MR. MCLEOD: QKAY. REAL QUICK ON THE THING. I GUESS, MR. KINGSBURY, I HAVE TO DIRECT THIS TO YOU. THE CONTRACT THAT YOU HAVE IS A HARD, BOUND CONTRACT AT THE PRESENT TIME? MR. KINGSBURY: YES, SIR. MR. MCLEOD: SO THE DEVELOPER AT THE PRESENT TIME IS NOT IN A DUE DILIGENCE PERIOD OF YOUR CONTRACT WITH HIM? I GUESS THE MR. SHURTZ: MAY I ANSWER?" MAYOR ,PARTYKA: YES. YOU NEED TO COME UP TO THE MICROPHONE. MR. MCLEOD: COME BACK UP HERE. MR. SHURTZ: OKAY. OKAY. THE ANSWER TO THE QUESTION IS WE HAVE GIVEN MR. KINGSBURY, AS A CONTRACT PURCHASER, NON-REFUNDABLE" MONIES. MR. MCLEOD: IN OTHER WORDS, YOU PUT SOME . . , . 25 1 HARD MONEY UP. 2 MR. SHURTZ: WE STILL WILL BE DOING DUE 3 DILIGENCE BECAUSE THERE WAS SOME EXPECTATION, 4 ANTICIPATION, BECAUSE OF SOME OF THE MUDDY WATERS" FOR THE ZONING ISSUES, THAT IT WAS GOING TO BE A 5 6 LONGER TIME LINE THAN WE WOULD ORDINARILY LIKE. 7 SO WE HAVE TAKEN THAT INTO ACCOUNT WITHIN THE 8 SCOPE OF THE CONTRACT, SO IT'S NOT A SHORT-LINE 9 CONTRACT. IT'S A MULTIYEAR CONTRACT. SO THAT -- 10 YOU KNOW, THAT IT GOES ON AND WE CAN PRESERVE OUR 1 1 INTEREST OVER AN EXTENDED PERIOD OF TIME. THE 1 2 MONIES THAT WILL BE GIVEN TO MR. KINGSBURY OVER 1 3 THAT TIME LINE WILL ALWAYS BE NON-REFUNDABLE , 4 MONIES. , 5 MR. MCLEOD: OKAY. SO YOU PUT HARD, , 6 NON-REFUNDABLE DURING THE DUE DILIGENCE. , 7 MR. SHURTZ: RIGHT. 1 8 MR. MCLEOD: I APPRECIATE THAT. , 9 I GUESS I WOULD HAVE TO ASK THE SAME QUESTION 20 FOR THE TIME THAT -- I TAKE IT THAT MR. JOSHI IS 21 OUT OF THE PICTURE OF THE KINGSBURY PROPERTY? 22 MR. SHURTZ: YES, THAT WOULD BE ACCURATE. 23 MR. MCLEOD: PUT IT RIGHT OUT THERE. I 24 APPRECIATE THAT. AND, APPARENTLY, HE'S PRESENTLY 25 OUT OF THE SCRIMSHER PROPERTY, SO... ".~ . . 26 , 2 3 4 5 6 7 8 9 , 0 1 , '2 1 3 1 4 , 5 1 6 , 7 1 8 , 9 20 21 22 23 24 25 MR. GRINDSTAFF: THAT IS ALSO CORRECT. MR. MCLEOD: SEE, I'M CATCHING ON. I GUESS AT SOME POINT THE CITY MANAGER, EITHER THIS EVENING OR AT LEAST BY NEXT MEETING, I HOPE THAT YOU BRING THE COMMISSION, OR AT LEAST MYSELF, UP TO SPEED -- AND I KNOW YOU AND I HAD SOME DISCUSSION TODAY BUT UP TO SPEED WITH MR. JOSHI. OKAY. ."' MAYOR PARTYKA: OKAY. THANK YOU, MR. MCLEOD. COMMISSIONER GENNELL. DEPUTY MAYOR GENNELL: MR. GARGANESE MR. GARGANESE: YES, MA'AM. DEPUTY MAYOR GENNELL: -- HOW MUCH JEOPARDY IS THE TOWN CENTER PLAN IN BY POSTPONING THIS TWO WEEKS FURTHER? POSTPONING THE ADOPTION. MR. GARGANESE: FRANKLY, I'M NOT PREPARED TO ANSWER THAT QUESTION THIS EVENING. I'M TRYING TO GET UP TO SPEED ON THIS ISSUE AS FAST AS POSSIBLE. THE ISSUE INVOLVING THE KINGSBURY PROPERTY IS ONE ISSUE, AND THE CITY MANAGER IS RECOMMENDING THIS COURSE OF ACTION TO AT LEAST HAVE A READING WITH RESPECT TO THIS PROPERTY. AND I WOULD SUGGEST, IF YOU WANT THESE REGULATIONS TO ULTIMATELY APPLY TO THAT PROPERTY, YOU AT LEAST . ~ . . 27 1 HAVE A READING THIS EVENING. 2 DEPUTY MAYOR GENNELL: BUT IN FACT -- . 3 MR. GARGANESE: I'M NOT PREPARED TO ANSWER 4 YOUR QUESTION. 5 DEPUTY MAYOR GENNELL: THAT'S OKAY. THAT'S 6 OKAY. IN FACT, ALL ALONG AS WE HAVE DEALT WITH 7 THIS DOCUMENT IN THE 434 CORRIDOR, WE HAVE 8 CONTINUALLY REFERRED TO IT AS A LIVING DOCUMENT 9 THAT COULD WITHSTAND CHANGE FROM TIME TO TIME; IN 1 0 FACT, WOULD UNDERGO CHANGE FROM TIME TO TIME. 1 1 SO WHAT WOULD HAPPEN IF WE ADOPTED IT TONIGHT 1 2 AND THEN JUST WENT TO MAKE AMENDMENTS AND CHANGES 1 3 TO IT AS NEEDED? , 4 MR. MCLEMORE: WELL, IF YOU ADOPT IT TONIGHT, 1 5 YOU WILL NOT HAVE THE KINGSBURY PROPERTY IN IT. 1 6 NOW, I GUESS WE CAN START ANOTHER -- DO A FIRST 1 7 READING ON AN AMENDED ONE TO INCLUDE THE KINGSBURY 1 8 PROPERTY. IT'S BEEN ADVERTISED. 1 9 MR. GARGANESE: IT'S BEEN ADVERTISED. 20 MR. MCLEMORE: I SUSPECT THAT COULD BE DONE. 21 MR. GARGANESE: BUT THEN YOU STILL HAVE THE 22 ISSUE, AS FAR AS I UNDERSTAND, WITH MR. 23 SCRIMSHER. THAT'S MY UNDERSTANDING; THAT THE CITY 24 WAS SUPPOSED TO -- 25 MR. MCLEMORE: RIGHT. . '" . . 28 ...--' 1 MR. GARGANESE: -- MEET WITH MR~ SCRIMSHER. 2 MR. MCLEMORE: WHAT THAT'S GOING TO DO, I 3 THINK, IN BAD FAITH, NOT ALLOW FOR -- THE MEETING 4 WITH THE SCHRIMSHERS HAS ALREADY NEUTRALIZED ANY 5 SUCH ACTION ONLY BY AGREEMENT WITH THE 6 STANDSTILL. SO I DON'T KNOW WHAT THAT WOULD 7 ACCOMPLISH BY DOING THAT. 8 DEPUTY MAYOR GENNELL: WELL, YOU HAVE 9 ANSWERED 1 0 MR. MCLEMORE: I THINK THE FAIR THING TO DO 1 1 IS WHAT WE RECOMMENDED. 12 DEPUTY MAYOR GENNELL: ALL RIGHT.' I'M JUST 13 EXPLORING THE POSSIBILITIES HERE. THAT'S ALL. 1 4 THANK YOU. 1 5 MAYOR PARTYKA: OKAY. THERE ARE NO OTHER 1 6 LIGHTS ON. MR. SHURTZ, THANK YOU VERY MUCH. 1 7 MR. SHURTZ: THANK YOU, MAYOR. 1 8 MAYOR PARTYKA: I HAVE THREE PEOPLE THAT WISH , 9 TO SPEAK ON THIS. ONE IS MICHAEL SCRIMSHER, ONE 20 IS MICKEY GRINDSTAFF, AND THE OTHER ONE IS ED 21 LEERDAM. DO THESE THREE PEOPLE STILL WISH TO 22 SPEAK? 23 MR. GRINDSTAFF: YES, SIR. 24 MAYOR PARTYKA: OKAY. 25 MR. GRINDSTAFF: THANK YOU, MR. MAYOR. .. '-. . \, . \. 29 1 MICKEY GRINDSTAFF, AGAIN, FOR THE RECORD. 2 DURING THE BREAK, CONSISTENT WITH OUR 3 COMMENTS THERE, I HANDED OUT TO EACH OF YOU TWO 4 BOUND THREE-RING BINDERS CONTAINING THE 5 TRANSCRIPTS OF VARIOUS COMMISSION MEETINGS AND 6 WORKSHOPS THAT HAVE OCCURRED SINCE THE FIRST 7 READING ON MARCH 8TH. 8 AND I WOULD JUST LIKE TO MAKE SURE THAT'S IN 9 FRONT OF EACH OF YOU, INCLUDING THE NEW CITY 1 0 ATTORNEY. I APPRECIATE HIS EFFORTS TO GET UP TO 1 1 SPEED ON THIS" STUFF. THAT'S A STRONG TASK. 1 2 FIRST, THERE'S A CITY COMMISSION "MEETING 1 3 REGARDING THE TOWN CENTER, DATED MARCH 8, 1999; CITY COMMISSION WORKSHOP, DATED APRIL 1 9 , 1999; CITY COMMISSION MEETING, DATED APRIL 26, 1999; CITY COMMISSION REGULAR MEETING, MAY 1 0, 1999; CITY COMMISSION REGULAR MEETING, AUGUST 9, 1999; CITY COMMISSION WORKSHOP, AUGUST 1 6, 1999; CITY 1 4 1 5 1 6 17 1 8 1 9 COMMISSION REGULAR MEETING THAT WAS CONTINUED FOR 20 AUGUST 16,1999. 21 THEN IN VOLUME THREE THERE'S THE CITY 22 COMMISSION REGULAR AGENDA ITEM C FROM AUGUST 23, 23 1999. THERE'S THE CITY COMMISSION REGULAR AGENDA 24 ITEM D FROM AUGUST 23, 1999; CITY COMMISSION REGULAR MEETiNG, AGEND~ ITEM E FROM AUGUST 23, 25 ~ . , . , 30 1 1999; CITY COMMISSION REGULAR MEETING AGENDA 2 ITEM F FROM AUGUST 23, 1999. ONE MORE, AND THAT'S 3 THE CITY COMMISSION REGULAR MEETING, DATED 4 SEPTEMBER 13, 1999. 5 JUST A COUPLE THINGS THAT CAME TO MIND AS 6 COMMISSIONER GENNELL WAS, FRANKLY, EXPLORING THE 7 POSSIBILITY OF WHAT WE BELIEVE WOULD BE A BAD 8 FAITH PROCEEDING AND RENEGING ON NUMEROUS PROMISES 9 MADE BY THE CITY. 1 0 THE THOUGHT COMES TO MIND THAT THE ADOPTION 1 1 OF THIS THING ISN'T NEAR AS IMPORTANT AS THE 1 2 SUCCESS OF SOMETHING. I MEAN, YOU'RE .TRYING TO 1 3 PUT A ROUND PEG INTO A SQUARE HOLE, AND UNDER SOME 1 4 SORT OF PROCEDURAL PROGRAM, WHICH WE THINK IS 1 5 FUNDAMENTALLY UNFAIR TO THE PROPERTY OWNERS AND 1 6 THE CITIZENS OF WINTER SPRINGS. 1 7 THIS WHOLE THING HAS HAD A SHADOW CAST ON IT, 1 8 AT LEAST FOR THE YEAR OR SO THAT I HAVE BEEN 1 9 INVOLVED IN IT, AND IT'S VERY SUSPICIOUS. THIS 20 PROCEDURE -- I MUST TELL YOU THAT I'M NOT FAMILIAR 21 WITH THIS PROCEDURE. DON'T PRETEND TO BE THE 22 EXPERT THAT KNOWS EVERYTHING. 23 IT SOUNDS FUNDAMENTALLY SUSPICIOUS TO ME TO 24 BE PROCEEDING WITH AN ORDINANCE ON A SECOND 25 READING VERSUS A THIRD READING, BECAUSE ONE PIECE . ~ . , . ~ 31 1 IS LEFT OUT AND ONE PIECE MAY NOT B~ LEFT OUT. 2 WHAT'S THAT DO TO THE VALIDITY OF THE ENTIRE 3 ORDINANCE? 4 I WOULD ENCOURAGE YOU, WE WOULD LIVE WITH THE 5 CONTINUANCE. WE WOULD LIKE TO CONTINUE THE 6 MEETING, JUST LIKE WE HAVE DONE. I DON'T KNOW 7 WHAT THE IMPACT OF THE KINGSBURY PROPERTY IS. I 8 HAVEN'T LOOKED AT IT ON BEHALF OF THE KINGBURYS OR 9 THE CITY. 10' BUT FOR CRYING OUT LOUD, LET'S PLEASE JUST BE 1 1 FAIR, BE SENSITIVE TO EVERYBODY. WE'VE TRIED TO 1 2 BE. WE'VE TRIED TO BE RESPONSIVE TO THE CITY. 1 3 THE SCHRIMSHERS HAVE BEEN HERE FOR A LONG, LONG 1 4 TIME. THEY HAVE GOT AN EXCELLENT REPUTATION. 1 5 NOBODY HAS TRIED TO PULL ANY FAST ONES. WE WOULD 1 6 LIKE TO BE SURE THAT THERE'S NO SUSPICION COMING 1 7 OUR WAY. 1 8 SO I WOULD LIKE TO ANSWER ANY QUESTIONS THAT 1 9 YOU HAVE ON THE SCRIMSHER PROPERTY. WE WILL LIVE 20 WITH THE STANDSTILL AGREEMENT FOR A DATE CERTAIN, 21 FOR TWO WEEKS OR FOUR WEEKS, EVEN, COMMISSIONER 22 BLAKE. I THINK, GIVEN WHAT'S HAPPENED HERE 23 TONIGHT WITH THE KINGSBURY PROPERTY AND MR. 24 JOSHI'S SITUATION, WHATEVER THAT IS, I THINK TWO 25 WEEKS, FRANKLY, TO ADDRESS ALL OF THESE ISSUES ..... . . 32 1 2 3 4 5 6 7 8 9 .10 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 WITH THE SCHRIMSHERS AND KINGSBURY IS A SHORT TIME FRAME. AND I WOULD ENCOURAGE YOU TO.PLUG THAT IN. AND WHETHER WE'RE IN HERE TWO MORE WEEKS LOOKING FOR SOME SORT OF ADDITIONAL READING OR CURATIVE DEFECT -- OR EFFORT TO CURE A DEFECT. IT'S SORT OF FRUSTRATING TO BE IN THIS THING FOR SO LONG AND THEN BE -- I DON'T THINK ANY OF US RIG~T HERE, RIGHT NOW, ARE REALLY SURE WHAT'S GOING ON. AND IT'S NOT FAIR TO THE PROPERTY OWNERS. IT'S NOT FAIR TO THE PEOPLE WHO ELECTED EACH AND EVERY ONE OF YOU. AND I WOULD APPRECLATE YOU TAKING THAT INTO CONSIDERATION. THANK YOU, MR. MAYOR. MAYOR PARTYKA: GOOD. THANK YOU. MR. SCRIMSHER, DO YOU WANT TO SAY ANYTHING OR IS THAT ENOUGH? IF YOU DO -- MR. SCHRIMSHER: THAT MAY BE ENOUGH. MAYOR PARTYKA: -- YOU NEED TO COME UP. MR. SCHRIMSHER: MIKE SCRIMSHER, 600 EAST COLONIAL, SUITE 100, ORLANDO, FLORIDA 32803. I'M NOT SURE IF I WANT TO ADD TO THAT OR NOT. I GUESS I WOULD LIKE TO DEFER TO MR. LEERDAM, SINCE HE'S GOING TO SPEAK. AND IF THERE IS -- IF NOTHING MORE WAS SAID, I GUESS I DON'T . ~ '. '-- -. " 33 1 HAVE ANYTHING TO SAY. BUT I GUESS I JUST WANT TO 2 MAKE SURE I MIGHT HAVE AN OPPORTUNITY TO SPEAK IN 3 CASE THERE'S SOMETHING THAT-IS BROUGHT UP. 4 MAYOR PARTYKA: MR. SCRIMSHER, AS AN 5 6 EFFECTIVE PROPERTY OWNER, YOU ALWAYS HAVE A RIGHT TO SPEAK. 7 MR. SCHRIMSHER: NOT EVERY MOMENT. 8 MAYOR PARTYKA: OKAY. YES. OKAY. MR. 9 LEERDAM. 1 0 MR. LEERDAM: THANK YOU, MR. MAYOR. MY NAME 1 1 IS ED LEERDAM. I REPRESENT THE JESSUP 1 2 SHORES/SPRINGS LAKE JOINT VENTURE. THE ADDRESS IS 1 3 175 LOOKOUT PLACE, SUITE 201, MAITLAND, FLORIDA. 1 4 I STILL HAVE A PROBLEM WITH A NUMBER OF 1 5 ISSUES. AS YOU MAY RECALL, IN JUNE -- JUNE OR 1 6 JULY, MY GROUP WAS REPRESENTED BY A LEGAL 1 7 COUNSEL. WE WERE DISCUSSING OUR VESTED RIGHT 18 CERTIFICATE. 1 9 AT ONE POINT THE QUESTION CAME UP -- AND I 20 DON'T KNOW IF YOU'RE FAMILIAR WITH OUR SITE. WE 21 OWN TWO SITES, THE 16-ACRE SITE SOUTH OF THE ROAD 22 AND A 9-ACRE SITE ON THE BACK SIDE, NORTH OF THE 23 ROAD OR WEST OF THE ROAD. 24 AT THAT TIME, OUR LEGAL COUNSEL ASKED THE 25 QUESTION -- I GUESS IT WAS TO THE CITY MANAGER, . ',. . . '. 34 1 MR. MCLEMORE -- WHAT ARE YOUR INTEN~IONS REGARDING 2 OUR SITE? 3 AS YOU KNOW, THE SOUTH PORTION OF THE SITE 4" WAS EXCLUDED FROM THE DISTRICT. WE LEFT THE NORTH 5 PORTION OF THE SITE BEGAUSE THE CITY TOLD US THAT 6 THEY WERE INTERESTED IN BUYING THE SITE. WELL, 7 THAT'S FINE. I UNDERSTAND THAT. 8 THE QUESTION CAME UP AGAIN IN JULY AND MR. 9 MCLEMORE ASSURED US THAT THE INTENTIONS WERE STILL 10 THE SAME AND HE WOULD GET BACK TO US SHORTLY. 1 1 WELL, OVER THE LAST FOUR MONTHS OR THREE 1 2 MONTHS WE HAVE MADE NUMEROUS PHONE CALLS TO THE 1 3 CITY ATTORNEY TO GET AN UPDATE ON THE STATUS OF 1 4 THE PURCHASE. AND EVEN AS OF TODAY, WE ARE STILL 1 5 WAITING. I UNDERSTAND THAT THE CITY MANAGER IS 1 6 MAKING PHONE CALLS, HE IS MEETING WITH DIFFERENT 1 7 PROPERTY OWNERS, THAT ARE AFFECTED BY THE TOWN 1 8 CENTER. 1 9 I AM STILL WAITING. AND THAT'S REALLY 20 DISAPPOINTING, BECAUSE WE HAVE TAKEN THE 21 INITIATIVE. WE WANT TO TALK, BUT FOR WHATEVER 22 REASON -- I UNDERSTAND THAT THERE ARE BIGGER 23 PROPERTY OWNERS THAT HAVE A MUCH BIGGER INTEREST 24 IN THIS TOWN CENTER DISTRICT. I UNDERSTAND. I 25 CAN LIVE WITH IT. . . J. ~ 35 1 BUT AT LEAST I WOULD LIKE TO HAVE A CHANCE TO 2 TALK ABOUT IT. AND I THINK WHAT WE NEED TO DO 3 HERE -- THAT'S MY PROPOSAL -- IS WE EITHER GET A 4 RESOLUTION ON THE SITE BEING BOUGHT IN A CERTAIN 5 TIME FRAME; OR, SECOND, THAT WE, ONE WAY OR ANOTHER, HAVE AN AGREEMENT (INAUDIBLE) SITE CAN BE 6 7 D~VELOPED; OR, LAST, IF THAT'S NOT POSSIBLE, I SUGGEST THAT -- I'M GETTING A LOT OF PRESSURE FROM 8 9 MY GROUP, THE PEOPLE IN MY GROUP -- OR LAST, 1 0 PLEASE REMOVE US FROM THE DISTRICT. SO I HAVE 1 1 THREE OPTIONS. 1 2 MAYOR PARTYKA: MR. LEERDAM -- 1 3 MR. LEERDAM: AND I THINK THAT THE CITY OWES 1 4 US AN ANSWER WITHIN A REASONABLE TIME FRAME. , 5 MAYOR PARTYKA: I AGREE WITH YOU, AND I 1 6 BELIEVE THIS COMMISSION WOULD AGREE WITH YOU. , 7 MR. CITY MANAGER, ANY ANSWERS TO THOSE? 1 8 MR. MCLEMORE: SURE. YOU WILL RECALL THAT WE 1 9 ATTEMPTED TO MOVE THIS PROJECT FORWARD FOR THE 20 ACQUISITION OF THESE PROPERTIES TO THE STATE 21 BUREAUCRACY AS THE APPLICANT. YOU WILL ALSO 22 RECALL THAT THE COUNTY DECIDED THEY DIDN'T LIKE 23 THAT AND, THROUGH CERTAIN POLITICAL MANEUVERINGS, 24 TOOK THAT AWAY FROM US AND SAT ON IT FOR I DON'T 25 REMEMBER HOW MANY MONTHS. . . . 36 1 2 3 4 5 6 7 8 9 10 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 AND OUR CONCERN WAS IF THE COUNTY TOOK IT OVER, BECAUSE THEX' HAVE MANY ISSUES THAT ARE FAR BIGGER THAN THE ONES WE HAVE, THAT IT WOULD GET LOST IN THE PAPER SHUFFLE. THAT IS BASICALLY WHAT HAPPENED. THAT ACQUISITION OF THOSE PROPERTIES CANNOT MOVE FORWARD UNTIL THE TRAIL REALIGNMENT IS RESOLVED. THAT APPLICATION FROM THE COUNTY HAS BEEN FINALLY PROVIDED TO THE STATE WITHIN THE LAST 30 DAYS -- OR, CHARLES, 45 DAYS? MR. CARRINGTO~: ABOUT 60 DAYS. MR. MCLEMORE: 60 DAYS. AND THERE'S BEEN ABSOLUTELY NOTHING WE COULD DO ABOUT IT; ABSOLUTELY NOTHING, OTHER THAN TO CONTINUE TO RAISE AS MUCH CAIN WITH THE COUNTY AS WE COULD TO MOVE THE THING ALONG. WE HAVE DONE IT. IT HAS FINALLY GOTTEN THROUGH THE STATE. IT HAS FINALLY I DON'T KNOW IF IT'S GOTTEN THROUGH THE CABINET YET, BUT IT DOES HAVE, THE REALIGNMENT, A STAFF APPROVAL AT THIS POINT IN TIME, I BELIEVE, WITH THE GOVERNOR'S OFFICE AND THE CABINET, IS MY UNDERSTANDING. CHARLES, DO YOU HAVE ANY OTHER INFORMATION? MR. CARRINGTON: IT HAS MOVED, IN THE REVIEW PROCESS, THROUGH THE OFFICE OF GREENWAYS AND TRAILS AND IT HAS A FAVORABLE RECOMMENDATION FROM :. ~. . . 37 1 THAT DEPARTMENT. IT HAS BEEN MOVED INTO THE 2 DEPARTMENT OF ACQUISITIONS, AND THEY'RE CURRENTLY 3 REVIEWING IT. 4 AS SOON AS THEY FINISH THEIR REVIEW AND GIVE., 5 HOPEFULLY, A FAVORABLE RECOMMENDATION, IT WILL GO 6 TO THE CABINET .AIDES FOR THEIR REVIEW AND IT WILL 7 BE PLACED ON THE AGENDA BEFORE THE GOVERNOR 8 CABINET FOR ACTION. 9 MR. MCLEMORE: MY POINT IS, YOUR FRUSTRATION 1 0 IS FELT BY'US. WE TRY -- WE PREFER TO STAY IN A 1 1 POSITION WHERE WE CAN HANDLE IT, BUT IT WAS TAKEN , 2 OUT OF OUR HANDS, AND, IN THE PROCESS, HAS MOVED 1 3 VERY, VERY SLOWLY SINCE THEN. 1 4 MR. LEERDAM: BUT I ALSO UNDERSTAND THAT 1 5 YOU'RE TALKING. WITH ALL THE PROPERTY OWNERS. I 1 6 UNDERSTAND TONIGHT HERE ABOUT DIFFERENT ISSUES, , 7 AGREEMENTS, AND AS I AM TRYING TO TELL THEM, I'M 1 8 STILL WAITING -- THIS IS THE FIRST TIME NOW THAT 1 9 I'M FINDING OUT WHAT THE STATUS IS OF YOUR EFFORTS 20 TO BUY THE SITE AND I THINK THAT'S NOT CORRECT. 21 AS YOU KNOW, I (INAUDIBLE) AS A GENERAL PARTY 22 TO A NUMBER OF PEOPLE. THEY WANT TO KNOW WHAT'S 23 GOING ON, AND I REALLY FEEL IF THE PARK IS NO 24 LONGER AN OPTION, FOR WHATEVER REASON BEYOND YOUR 25 CONTROL, THEN AT LEAST LET'S EXPLORE STEP TWO. .~ . . 38 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 , 4 1 5 1 6 1 7 1 8 , 9 20 21 22 23 24 25 IF WE HAVE TO STAY WITHIN THE DISTRICT, THEN I WOULD APPRECIATE IF AT LEAST I WOULD KNOW ON WHAT TERMS I CAN DEVELOP OUR SITE.LIKE YOU'RE DOING WITH THE SCRIMSHER GROUP. WHICH I HAVE NO PROBLEM AT ALL, BUT AT LEAST I WANT TO KNOW WHAT'S GOING ON, BECAUSE UP UNTIL NOW WE ARE BEING HELD HOSTAGE. WE KNOW THE REASONS. I HAVE BEEN HERE FOR THE LAST TWO YEARS, BUT IT DOESN'T.-- THAT'S STILL NOT ACCEPTABLE TO THE PEOPLE OF MY GROUP. AND IF THAT ALL FAILS, THEN I REALLY SUGGEST YOU SHOULD TAKE US OFF -- TAKE US OUT OF THE DISTRICT. MAYOR PARTYKA: MR.-- MR. LEERDAM: THERE'S A LOT OF MONEY INVOLVED. WE ARE ALL BUSINESS PEOPLE, AND SO I THINK IT'S ONLY FAIR. MAYOR PARTYKA: MR. LEERDAM, TO FOLLOW UP ON YOUR COMMENT THAT YOU WOULD LIKE TO HAVE A MEETING WITH THE CITY MANAGER TO TALK ABOUT THESE ISSUES AND GET AN UPDATE ON THINGS, IS THAT STILL APPROPRIATE FROM YOUR STANDPOINT, THAT WE DO THAT SO? MR. LEERDAM: WE ALSO WOULD MAYOR PARTYKA: THAT YOU AT LEAST GET UP TO -- LET'S GET UP TO SNUFF AT THIS POINT. IS 39 . , THAT APPROPRIATE AT THIS POINT TO SAY, WHY DON'T ~ 2 YOU MEET WITH THE CITY MANAGER? I'M SURE THE CITY 3 MANAGER WOULD LIKE TO MEET WITH YOU AND GET IT 4 DOWN TO THE POINT WHERE YOU'VE DISCUSSED 5 EVERYTHING, AT LEAST YOU UNDERSTAND WHAT IT IS, 6 AND FOR HIM TO UNDERSTAND ALL THE OPTIONS ON A 7 ONE-TO-ONE BASIS. 8 MR. LEERDAM: BUT AT THE SAME TIME, THOUGH, I 9 THINK WE SHOULD MAKE A LEGITIMATE EFFORT TO COME 1 0 TO A RESOLUTION WITHIN A PARTICULAR TIME FRAME. 1 1 THAT IS REALLY MY POSITION. I HAVE NO -- SHORT OF 1 2 WHAT IS GOING ON UNTIL FOUR MONTHS AGO, BECAUSE I . 1 3 HAVE BEEN LEFT OUT OF THE LOOP SINCE JULY. BUT I 1 4 STILL THINK THAT WE ALL SHOULD TRY TO GET A , 5 RESOLUTION WITHIN A PARTICULAR TIME FRAME. WE ARE 1 6 LOSING OUR SHIRT. 1 7 MR. MCLEMORE: I THINK WE SHOULD STILL HAVE 1 8 THE PROPERTY PURCHASED. THERE IS MOVEMENT NOW, 1 9 AND HOPEFULLY THIS THING WILL MOVE ALONG. I 20 REALLY DON'T KNOW WHAT OTHER INFORMATION I CAN 21 OFFER AT THIS POINT IN TIME. 22 MAYOR PARTYKA: IS IT WORTHWHILE FOR YOU TO 23 MEET WITH (INAUDIBLE)? 24 MR. MCLEMORE: SURE. I'LL BE HAPPY TO MEET . ~ 25 AND -- SURE, AND COVER WHATEVER WE CAN. I MEAN, . ~ . . 40 1 SURE, I'M MORE THAN HAPPY TO. 2 MAYOR PARTYKA: OKAY. IS THAT AGREEABLE FOR 3 RIGHT NOW? I MEAN, AT LEAST GET THAT STEP AND 4' THEN DETERMINE WHAT NEEDS TO BE DONE AFTER THAT? 5 MR. LEERDAM: BUT.I STILL -- MAYBE IT SOUNDS 6 REALLY PUSHY, BUT I ALSO WOULD LIKE TO KNOW WHEN 7 ARE WE MEETING? BECAUSE I HAVE BEEN TRYING TO 8 MEET NOW FOR FOUR MONTHS. I HAVE COMMUNICATED 9 THROUGH YOUR CITY ATTORNEY. I REALIZE THAT'S 1 0 PROPER. 1 1 MR. MCLEMORE: I THINK IF YOU WOULD CALL MY 1 2 OFFICE IN THE MORNING, WE WILL SCHEDULE YOU A 1 3 MEETING RIGHT AWAY. 1 4 MR. LEERDAM: THANK YOU. , 5 MAYOR PARTYKA: STAY'RIGHT THERE, JUST IN 1 6 CASE. , 7 COMMISSIONER MCLEOD, DO YOU HAVE A QUESTION? 1 8 MR. MCLEOD: NO, I DO NOT HAVE A QUESTION FOR 1 9 HIM. I DO THINK, HOWEVER, IT'S INEXCUSABLE TO NOT 20 HAVE COMMUNICATED BACK FROM THE STAFF'S SIDE, AT 21 LEAST -- IF WE KNEW WHERE THIS THING WAS PROCESSED 22 OR WHERE IT WAS AT AT THE STATE LEVEL, AT LEAST 23 BACK TO THE POTENTIAL SELLER OF A PIECE OF 24 PROPERTY TO LET HIM KNOW WHAT'S GOING ON. I THINK 25 THAT'S POOR BUSINESS COMMUNICATION ON OUR PART. . . . 41 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MAYOR PARTYKA: OKAY. ALL RIGHT. SO YOU WILL CALL THE CITY MANAGER'S OFFICE TOMORROW TO SET UP THE MEETING. MR. LEERDAM: I WILL. MAYOR PARTYKA: OKAY. GOOD. MR. MCLEOD: I DO HAVE A QUESTION, THOUGH, ON THE PREVIOUS, MR. GRINDSTAFF. MAYOR PARTYKA: OKAY. MR. GRINDSTAFF: SIR? MR. MCLEOD: I WOULD LIKE TO K~OW WHERE VOLUME ONE IS. MR. GRINDSTAFF: VOLUME ONE WAS DELIVERED ON MARCH 8TH. MR. MCLEOD: OH, MR. GRINDSTAFF: START WITH MARCH 8. MR. MCLEOD: ALL RIGHT. JUST LIKE TO MAKE YES. I REMEMBER. OKAY. VOLUME TWO AND VOLUME THREE SURE THAT'S -- I REMEMBER. MR. GRINDSTAFF: IF WOULD YOU LIKE AN EXTRA COPY, COMMISSIONER MCLEOD -- MR. MCLEOD: NO, THANK YOU. MAYOR PARTYKA: THERE'S ONE MORE PERSON THAT WANTS TO SPEAK. STILL WISHED TO SPEAK? I DON'T KNOW. MR. FINNEGAN, WOULD YOU WISH TO SPEAK NOW? MR. FINNEGAN: YES, I DO. . . . 42 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MAYOR PARTYKA: YOU GET THREE MINUTES, MR. FINNEGAN. MR. FINNEGAN: PAUL FINNEGAN, 1567 (INAUDIBLE) STREET, WINTER SPRINGS. IF I COULD ASK THIS COMMISSION THE STATUS OF THE JOSHI AGREEMENT. LAST TIME I WAS AT A COMMISSION MEETING WE WERE EXTENDING THE AGREEMENT BY 90 DAYS.' MR. JOSHI WAS SUPPOSED TO THROW OR BREAK LAND ON THE 1ST. ALL OF THIS COMES TO NAUGHT. I WOULD JUST LIKE CLARIFICATION, IS MR. JOSHI MENTIONED IN ANY DOCUMENTS OR IS HE TOTALLY OUT OF ALL THE DEVELOPMENT PROCEDURES? THANK YOU. MR. MCLEMORE: I THINK THAT MR. JOSHI COULD CONCLUDE AND I'M SURE HE. IN FACT, I KNOW FROM MY CONVERSATION WITH HIM LAST FRIDAY, THAT HE IS REVIEWING THIS WITH HIS ATTORNEY TO DETERMINE WHAT RIGHTS HE HAS ON THAT AGREEMENT RELATIVE TO THE CONTRACT PURCHASE OF THE KINGSBURY PROPERTY. SO I DON'T WISH TO STAND HERE AND TRY TO BE HIS ATTORNEY AND SUGGEST WHAT RIGHTS HE HAS ON THAT AGREEMENT. I'M SURE HE WILL ASSERT THOSE IF HE DESIRES. AND SO WE WOULD JUST HAVE TO KIND OF SIT BACK AND SEE, BUT THAT EXTENDED AGREEMENT HAS A . ~.h . . . 43 1 DEADLINE. WHEN THAT DEADLINE PASSES, THEN HE HAS 2 NO ADDITIONAL RIGHTS AT ALL UNLESS THIS COMMISSION 3 EXTENDS IT. I BELIEVE -- I'M SPEAKING FROM MEMORY 4 NOW, BUT I BELIEVE THAT WAS THE FIRST OF DECEMBER. 5 IT WAS EXTENDED TO. 6 MR. CARRINGTON: THAT'S CORRECT. 7 MR. MCLEMORE: SO THE BALL IS REALLY IN HIS 8 COURT. 9 MR. FINNEGAN: SO HE IS STILL PART OF-IT? 10' MR. MCLEMORE: HE DOES HAVE AN EXTENDED 1 1 AGREEMENT. THE QUESTION IS: WHAT DOES THAT 1 2 AGREEMENT ENTITLE HIM TO RELATIVE TO THIS ISSUE? 1 3 AND I'M SURE THERE ARE A LOT OF DIFFERENT OPINIONS 1 4 ABOUT THAT, BUT I WOULDN'T WANT TO SUGGEST WHAT 1 5 THOSE MIGHT BE. 1 6 MR. FINNEGAN: AS A CLARIFICATION OF THAT 1 7 SUBJECT, IS MR. JOSHI STILL MAINTAINING AN OFFICE 1 8 HERE WITHIN THE CITY HALL AND AN OFFICE AT ANY 1 9 OTHER FACILITIES HERE? 20 MR. MCLEMORE: THERE IS AN OFFICE THAT HE 21 COMES TO FROM TIME TO TIME. I BELIEVE THAT WAS 22 EXTENDED, WITH THAT AGREEMENT, TO DECEMBER 1ST. 23 MR. FINNEGAN: THANK YOU. 24 MAYOR PARTYKA: OKAY. THANK YOU VERY MUCH, 25 MR. FINNEGAN. .. , 1 2 3 4 5 6 7 .. 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 . . 44 OKAY. THAT'S IT IN TERMS OF OTHER REQUESTS TO SPEAK. I'LL CLOSE THIS PUBLIC HEARING PORTION OF THIS, OPEN THIS UP TO THE COMMISSION. COMMISSIONERS, WHAT IS YOUR DESIRE? I'M WILLING TO TAKE A MOTION ON ANYTHING. COMMISSIONER MARTINEZ. MR. MARTINEZ: BASED ON THE FACT THAT THE MANAGER AND THE CITY ATTORNEY ATTEST TO THE FACT THAT NO ONE WOULD BE HARMED BY APPROVING THIS SECOND READING AS AMENDED, AND THAT IT WILL STAND AS THE FIRST READING FOR ALL INTENTS AND PURPOSES, AND SINCE IT'S BEING RECOMMENDED BY STAFF, THE CITY MANAGER, AND THE CITY ATTORNEY, I MAKE A MOTION THAT WE APPROVE SECOND READING, ITEM B, AS AMENDED. MAYOR PARTYKA: OKAY. DEPUTY MAYOR GENNELL: I'LL SECOND IT. MAYOR PARTYKA: SECONDED FOR THAT. DO WE 1 9 TECHNICALLY NEED TO. READ THAT BY TITLE ONLY? 20 WOULD YOU DO THAT, PLEASE. 21 MR. BLAKE: MAYOR. 22 MAYOR PARTYKA: YES, COMMISSIONER BLAKE. 23 MR. BLAKE: I THINK WHAT WE OUGHT TO DO IS TO 24 DETERMINE WHAT THAT TITLE OUGHT TO BE, AMEND THAT 25 FIRST, AND THEN HAVE A MOTION OF THE COMMISSION TO . ,. . . " 45 1 READ BY TITLE ONLY. THAT WILL EITHER BE UNANIMOUS 2 AND WILL BE READ BY TITLE ONLY, OR WILL NOT. BE 3 UNANIMOUS AND APPROVED, THEN THE ENTIRE ORDINANCE 4 WOULD HAVE TO BE READ. 5 MAYOR PARTYKA: OKAY. IS cTHAT A MORE PROPER 6 PROCEDURE? 7 MR. GARGANESE: AS TO WHAT THE TITLE WILL BE? 8 MR. BLAKE: WELL, WE'RE AMENDING THE ORDINANCE, AND THIS WILL ACT AS A FIRST READING .9 1 0 FOR A PORTION OF IT FOR SOME INTERESTED PROPERTY 1 1 OWNERS. 1 2 THE METHOD THAT WE HAVE UTILIZED IN THE PAST 1 3 IS THAT ORDINANCES ARE TO BE READ IN THEIR 1 4 .ENTIRETY UNLESS THERE IS A UNANIMOUS MOTION BY THE 1 5 COMMISSION TO READ IT BY TITLE ONLY. AND WE HAVE 1 6 NOT DONE THAT AS OF YET, I BELIEVE, FOR CERTAIN 1 7 PROPERTY OWNERS. 1 8 MAYOR PARTYKA: YOU'RE CORRECT. IT'S A 1 9 TWO-PARTER, AND THE ONE PART WITH THE AMENDMENT IS 20 A NEW PART, WHICH IS THE KINGSBURY PROPERTY. SO I 21 THINK IT'S PROBABLY APPROPRIATE TO VOTE ON THE 22 AMENDMENT, THEN YOU CAN READ IT BY TITLE ONLY. 23 MR. MCLEMORE: COULD I RAISE THE ISSUE? 24 MAYOR PARTYKA: SURE. 25 MR. MCLEMORE: I THINK THAT THE MOTION MADE 46 -- :. ...... 1 BY THE COMMISSIONERS SHOULD INCLUDE ~OVING THIS TO 2 THE THIRD READING AT THE MEETING OF YOUR NEXT 3 MEETING DATE. 4 MAYOR PARTYKA: OKAY. 5 MR. MCLEMORE: WOULD BE MY SUGGESTION. 6 MR. MARTINEZ: NO PROBLEM WITH IT. 7 MAYOR PARTYKA: ALL RIGHT. SO TO A DATE 8 CERTAIN, WHICH IS THE NEXT COMMISSION MEETING. 9 OKAY. THERE WAS A SECOND BY COMMISSIONER 1 0 GENNELL. COMMISSIONER BLAKE BRINGS UP A GOOD 1 1 POINT, SO IT'S APPROPRIATE, I THINK, TO VOTE ON 1 2 THE MOTION, AND THEN WE WILL READ IT BY TITLE .. 1 3 ONLY. OKAY? 1 4 MR. BLAKE: MAYOR? 1 5 MAYOR PARTYKA: YES. 1 6 MR. BLAKE: I THINK IT'S THE OTHER WAY 1 7 AROUND. IT'S ALWAYS A GOOD IDEA TO VOTE ON IT 1 8 AFTER IT'S READ, AS OPPOSED TO -- 1 9 MAYOR PARTYKA: OKAY. YES, BUT I THOUGHT YOU 20 BROUGHT UP THE FACT THAT SINCE PART OF IT WAS, IN 21 EFFECT, THE FIRST READING 22 MR. BLAKE: WELL, WE HAVEN'T READ IT AT ALL 23 YET. 24 MAYOR PARTYKA: OKAY. ALL RIGHT. IF IT'S . 25 OKAY WITH EVERYBODY, LET'S JUST READ IT BY TITLE . . . 47 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 ONLY. MR. GARGANESE? MR. BLAKE: THERE NEEDS TO BE A MOTION ON IT. MR. MILLER: SO MOVED. MR. MARTINEZ: SECONDED. MAYOR PARTYKA: OKAY. IS THERE A SECOND? OKAY. LET'S JUST THE TECHNICAL -- MR. MCLEOD: MAYOR. MAYOR PARTYKA: GO AHEAD. MR. MCLEOD: I THINK YOU BETTER PULL THE FIRST MOTION BACK. I DON'T THINK YOb CAN PUT A MOTION ON THE FLOOR, MOTION FIRST AND SECOND. YOU BETTER GET RID OF THE FIRST MOTION, THEN GET THIS MOTION, THEN BRING THE OTHER MOTION BACK TO THE FLOOR. MAYOR PARTY~A: ALL RIGHT. I THINK THAT'S A GOOD POINT. MR. MARTINEZ: I'LL WITHDRAW MY MOTION. DEPUTY MAYOR GENNELL: I'LL WITHDRAW THE SECOND. MAYOR PARTYKA: SINCE THIS IS A HIGHLY UNIQUE SITUATION, IT'S KIND OF A TWO-PARTER. WE NEED TO GET A MOTION TO READ BY TITLE ONLY FOR THIS PARTICULAR AMENDED ORDINANCE. MR. MARTINEZ: IT'S ALREADY DONE. MAYOR PARTYKA: SO THERE WAS A FIRST -- THERE :. ...... . . ~..... . 48 1 W~S A MOTION AND THERE WAS A SECOND;' IS THAT 2 CORRECT? 3 MR. MARTINEZ: YES. 4 MAYOR PARTYKA: OKAY. CALL THE VOTE, 5 PLEASE. 6 THE CLERK: DEPUTY MAYOR GENNELL. 7 DEPUTY MAYOR GENNELL: AYE. 8 THE CLERK: COMMISSIONER MCLEOD. 9 MR. MCLEOD: AYE. 10 THE CLERK: CQMMISSIONER MARTINEZ. 1 1 MR. MARTINEZ: AYE. 1 2 THE CLERK: COMMISSIONER BLAKE. 1 3 MR. BLAKE: AYE. 1 4 THE CLERK: COMMISSIONER MILLER. 15 MR. MILLER: AYE. 1 6 MAYOR PARTYKA: OKAY. MR. GARGANESE. 1 7 MR. GARGANESE: OKAY. ORDINANCE NUMBER 707, 1 8 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 1 9 WINTER SPRINGS, FLORIDA, ESTABLISHING THE TOWN 20 CENTER ZONING DISTRICT CODE TO BECOME PART OF 21 CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY 22 OF WINTER SPRINGS, PROVIDING FOR SEVERABILITY AND 23 PROVIDING AN EFFECTIVE DATE. 24 MAYOR PARTYKA: OKAY. 25 MR. GARGANESE: AS AMENDED. SO IT'S VERY r.. ,- "- '. ", . '" - 49 1 CLEAR THAT THE TWO AMENDMENTS ARE ON --.THE TWO 2 AMENDMENTS ARE WITH REGARDS TO THE MAPS ON PAGE 2 3 OF THE DOCUMENT TITLED "TOWN CENTER DISTRICT CODE" 4 AND THE AMENDMENT TO THE MAP THAT'S WITHIN THE 5 BODY OF THE ORDINANCE RELATED TO THE KINGSBURY 6 PROPERTY, WHICH .WILL BE INCLUDED WITHIN THE ZONING 7 DISTRICT AT ISSUE. 8 MAYOR PARTYKA: OKAY. THANK YOU. ALL 9 RIGHT. NOW, I'M LOOKING FOR A MOTION -- WELL, 10 COMMISSIONER MCLEOD, DO YOU WANT TO SAY SOMETHING? 1 1 MR. MCLEOD: YES. I JUST WANT TO MAKE SURE I 12 UNDERSTAND, THEN, THAT AS THE SECOND READING, ONE 13 OF THE MAIN, PRIMARY REASONS OF THE SECOND READING 1 4 IS TO MAKE SURE THAT WE ARE RESPONDING TO THE 1 5 WISHES OF THE KINGSBURY ATTORNEY BY MAKING SURE 1 6 THAT IT'S READ IN, AS THIS IS BASICALLY ACTING AS 1 7 A FIRST READING FOR THEIR PROPERTY. 18 MR. MCLEMORE: IN EFFECT, YES. 1 9 MAYOR PARTYKA: THAT'S CORRECT. 20 MR. MCLEOD: PARDON? 21 MR. MCLEMORE: IN EFFECT, YES. 22 MR. MCLEOD: AND SO THAT IT'S NOT DOING 23 ANYTHING HERE -- WE'RE NOT TRYING TO MOVE FORWARD 24 AGAINST THE SCRIMSHER PROPERTY, WE'RE JUST TRYING 25 TO RESPOND TO ANOTHER ATTORNEY'S REQUEST OTHER "'. . , . ~" 50 1 THAN SCHRIMSHERS AT THIS POINT. 2 MR. GARGANESE: JUST FOR CLARIFICATION, IT'S 3 NOT A REQUEST OF THE CITY COMMISSION TO READ IT 4 IN. THEY WERE RAISING IT AS A PROCEDURAL ISSUE 5 THAT COULD POTENTIALLY BE A DEFECT WITH RESPECT TO 6 YOUR ORDINANCE; TO MAKE IT REALLY CLEAR SO YOU UNDERSTAND WHAT THEIR LETTER STATED. 7 8 MR. MCLEOD: SO WHAT YOU'RE TRYING TO DO IS 9 CLARIFY A POTENTIAL DEFECT? 1 0 MR. GARGANESE: YES, SIR. 1 1 MR. MCLEOD: THANK YOU. 1 2 MAYOR PARTYKA: OKAY. THANK YOU. 1 3 COMMISSIONER BLAKE, DO YOU WANT TO SAY SOMETHING? 1 4 OR IF NOT, WE ARE READY FOR THE MOTION. 1 5 MR. BLAKE: I WAS WILLING TO MAKE A MOTION. 1 6 MAYOR PARTYKA: COMMISSIONER MARTINEZ OFFERED 1 7 THE LAST TIME, SO I'LL GIVE HIM THE SAME OPTION. 1 8 MR. MARTINEZ: I MAKE A MOTION TO APPROVE THE 1 9 SECOND READING, WHICH IN THIS CASE WOULD BE THE 20 FIRST READING, AS AMENDED, AND TO MOVE THIS ON TO 21 OUR NEXT MEETING WHICH IS SCHEDULED FOR OCTOBER 22 25, 1999, FOR ADOPTION. 23 MAYOR PARTYKA: OKAY. IS THERE A SECOND TO 24 THAT? 25 DEPUTY MAYOR GENNELL: I'LL SECOND. 51 ~. '- 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 1 4 1 5 1 6 1 7 1 8 1 9 P. M. ) 20 21 22 23 24 25 t. \... . " MAYOR PARTYKA: OKAY. ANY FURTHER DISCUSSION? OKAY. CALL THE VOTE, PLEASE. THE CLERK: COMMISSIONER MARTINEZ. MR. MARTINEZ: AYE. THE CLERK: COMMISSIONER MILLER. MR. MILLER: AYE. THE CLERK: COMMISSIONER MCLEOD. MR. MCLEOD: AYE. "" GENNELL. THE CLERK: DEPUTY MAYOR DEPUTY MAYOR GENNELL: AYE. THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: AYE. MAYOR PARTYKA: OKAY. THANK YOU VERY MUCH. THANK YOU. THANK YOU, LANDOWNERS, FOR COMING OUT HERE. I KNOW THIS CONTINUES TO BE ONE TO TRY ALL PEOPLE'S PATIENCE, BUT HOPEFULLY WE WILL GET THIS CLOSER AND CLOSER. (WHEREUPON, THE MEETING WAS CONCLUDED AT 8:00 . 52 -" 1 2 3 4' CERTIFICATE OF OATH 5 6 7 STATE OF FLORIDA) 8 COUNTY "OF ORANGE) 9 10 I, SANDRA A. MOSER, REGISTERED PROFESSIONAL REPORTER, CERTIFY THAT I WAS. AUTHORIZED TO AND DID 11 STENOGRAPHICALLY REPORT THE FOREGOING PROCEEDING AND THAT THE TRANSCRIPT IS A TRUE RECORD. 1 2 . , I FURTHER CERTIFY THAT I AM NOT A RELATIVE, 13 EMPLOYEE, ATTORNEY OR COUNSEL OF ANY OF THE PARTIES, NOR AM I FINANCIALLY INTERESTED IN THE ACTION. 1 4 15 DATED THIS 25TH DAY OF OCTOBER, 1999. 1 6 17 1 8 1 9 20 21 22 23 24 .. '- 25 ~~~I\"o.j o..,\,<\~. , e. - ------------------------------ SANDRA A. MOSER, R.P.R. NOTARY PUBLIC- STATE OF FLORIDA A::r~:~ SANDRA A. MOSER {.~ ;..' A MY C~~\M~SSION,~ ~C 733210 ""',~....u EX,..IP.:S: 1>.':)'1. 1.::. 20D2 ~~~/ ('Y-i~~~"" Bonde~ Tnru Notarl h.d6c Undent.'nters "'"."1" . . '- :. - lUlru Registered Prolesslonal RepoIter C~0.y".. Y . ~~ lt~ - 'I 1 TRANSCRIPT OF PROCEEDINGS CITY OF WINTER SPRINGS, FLORIDA CITY 'COMMISSION- REGULAR MEETIlro. (' ,,- TRANSCRIPT OF MEETING H~LD ON OCTOBER 25, 1999, BEGINNING AT 5:00 P.M. AT CITY COMMISSION CHAMBERS, 1126 EAST STATE ROAD'434, WINTER SPRINGS, FLORIDA, AND REPORTED BY SANDRA A. MOSER, REGISTERED PROFESSIONAL REPORTER AND NOTARY PUBLIC, STATE OF FLORIDA AT LARGE.- ;1r';;~~"'i ',r.", ,; "-~:~ ~i . Realtime iP'Jrters, tl'll')~\ l:':,;.V.~;'~\ Inc. Registered Professional Reporters Certified Video Technicians 1188 Fox Forrest Circle · Apopkd. Florida 32712 · . (407) 884-4662 · FAX (407) 884-4664 . Sandra A. Dawkins, PresIdent Professional Reporting SInce 1977 '1~~1 Orl!!!!lO" -- -.'_...... . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 . . 2 PRO C E E DIN G S MAYOR PARTYKA: I GUESS ONE OF THE BIG CONSIDERATIONS' CONTINUES TO BE "A," I GUESS, UNDER PUBLIC HEARINGS, THE THIRD READING OF THE PROPOSED TOWN CENTER. MR. MCLEMORE: THAT WAS THE OTHER ISSUE I WANTED TO BRING UP, THE DISCUSSION ISSUE, BUT WHETHER YOU WANT TO DO IT NOW OR... MAYOR PARTYKA: YES. WE STILL HAVE TEN MINUTES. MR. MCLEMORE: OKAY. WE ARE GOING TO BREAK BEFORE -- MR. MARTINEZ: CAN'T WE DO THIS UNDER PUBLIC HEARING WHEN IT COMES UP? MAYOR PARTYKA: ALL RIGHT. OKAY. IS THERE ANYTHING ELSE THAT ANYBODY WANTS TO TALK ABOUT DURING THE WORKSHOP? .;, (WHEREUPON, A RECESS WAS TAKEN AND OTHER PROCEEDINGS WERE HAD UNTIL 7:45 P.M.) MAYOR PARTYKA: UNDER PUBLIC HEARING, WHICH IS "V," A, COMMUNITY DEVELOPMENT DEPARTMENT REQUESTS THE COMMISSION CONSIDER A THIRD READING OF ORDINANCE 707 ADOPTING THE PROPOSED TOWN CENTER DISTRICT BOUNDARY AND TOWN CENTER DISTRICT CODE. THERE HAVE BEEN SOME PEOPLE WHO WISH TO .:. '. . 3 , 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 SPEAK, JUST FOR BACKGROUND BUT, MR. MCLEMORE, DO YOU WANT TO KICK THIS OFF? MR. MCLEMORE: YES. IN YOUR LAST MEETING, IT WAS THE SECOND READING. WE DID CLARIFY AND INCLUDE THE KI~GSBURY PROPERTY IN THAT TERRITORY --- THAT'S IDENTIFIED IN THE BOUNDARIES. WE, AT YOUR DIRECTION, CONTINUED OUR NEGOTIATIONS WITH MR. SCRIMSHER. WE THINK WE HAVE MADE SOME POSITIVE PROGRESS TOWARD POTENTIAL AGREEMENT THAT WE COULD BOTH LIVE WITH. WE ARE NOT CONCLUDED AT THIS POINT IN TIME. I WOULD SAY THE DIRECTION HAS BEEN POSITIVE. THEY CAN GIVE YOU THEIR VIEWPOINT OF THAT. THE QUESTION IS WHETHER TONIGHT YOU MOVE AHEAD AND ADOPT THIS ORDINANCE, UNDERSTANDING THAT THE NEGOTIATIONS ARE NOT COMPLETE, OR AGREE TO EXTEND A PERIOD OF TIME FOR FURTHER NEGOTIATIONS. THE DOWN SIDE OF NOT MOVING AHEAD TONIGHT, OF COURSE, IS THAT THERE ARE OTHER POTENTIAL PROJECTS WITHIN THE AREA, OTHER THAN THOSE THAT INVOLVE THE SCRIMSHER PROPERTIES, THAT COULD COME UP AT ANY TIME. AND THIS ORDINANCE NOT BEING IN PLACE, WHICH WE ARE TRAVELING UNDER THE ORDINANCE DOCTRINE -- AND IF THIS WAS ADOPTED TONIGHT, THEN WE SHOULD HAVE THIS ORDINANCE IN PLACE. THAT . . . 4 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 DOESN'T MEAN IT WOULD BE CHALLENGED" AND I THINK IT PROBABLY WOULD BE. BUT, ALSO, IF-YOU-CHOOSE NOT TO GO AHEAD, THEN I THINK AT THIS POINT IN TIME WE HAVE GOT TO AGREE TO SOME KIND OF TIME LIMIT THAT SAYS THERE ARE NOT GOING TO BE ANY MORE EXTENSIONS. I THINK WITH THE MINOR ISSUES THAT ARE LEFT BETWEEN US AND THE SCHRIMSHERS, WE OUGHT TO BE ABLE TO WORK THOSE OUT IN ANOTHER MEETING, OR EITHER WE'VE GOT TO CONCLUDE WE CAN'T GET THERE FROM HERE. I THINK WE ARE PRETTY WELL CLOSE TO WORKING OUT MOST EVERYTHING. THERE MAY BE AN ISSUE OR TWO THAT WE JUST CANNOT DEAL WITH. MAYBE WE NEED TO BRING IT BACK TO THIS COMMISSION AND SAY, WE ARE THERE EXCEPT FOR THIS ISSUE OR THAT ISSUE AND LET YOU SETTLE THOSE ISSUES IN THE DIRECTION THAT YOU THINK IS RIGHT FOR THE COMMUNITY AND THEN ALLOW THE SCHRIMSHERS TO AGREE OR NOT AGREE. I DON'T WANT TO BE HUNG OUT HERE FOR THE NEXT SIX MONTHS ON ONE OR TWO ISSUES THAT WE CAN'T BRING TO A CLOSE. AND THAT DON'T MEAN THAT WE WILL. I'M JUST SAYING THAT'S A POSSIBILITY WHILE OTHER THINGS ARE GOING ON THROUGHOUT THE TOWN CENTER. SO, REALLY, THE QUESTION HERE TONIGHT IS: DO . . . 5 1 YOU DESIRE TO ADOPT TONIGHT? I THINK THERE WOULD 2 BE A CONCERN ON THE PART OF THE SCHRIMSHERS THAT 3 IF YOU DID, MAYBE THAT WOULD REDUCE OUR 4 UNWILLINGNESS TO COME TO A FINAL AGREEMENT. I 5 - DON'T BELIEVE THAT'S TRUE. 6 I THINK POSSIBLY FROM A STRATEGIC POINT OF 7 VIEW THEY MAY FEEL THE NEED TO GO AHEAD AND FILE 8 LITIGATION. I STILL THINK, EVEN IN THAT 9 SITUATION, WE CAN CONCLUDE -- IF WE CONCLUDE WE 1 0 ARE GOING TO CONCLUDE WITHIN THE NEXT MEETING OR 1 1 SO. 1 2 SO AT THIS POINT IN TIME, IT'S REALLY A 1 3 MATTER FOR YOU TO DECIDE WHICH WAY YOU WANT TO GO; 1 4 ADOPT TONIGHT OR EXTEND THE NEGOTIATIONS FOR A 1 5 PERIOD OF TIME. I THINK THAT PERIOD OF TIME 1 6 SHOULD BE SHORT. BRING BACK TO YOU ANY UNRESOLVED 1 7 ISSUES MAYBE AT THE NEXT COMMISSION MEETING, LET 1 8 YOU DECIDE THOSE ISSUES IN THE DIRECTION YOU 1 9 DESIRE TO HAVE THEM DECIDED, AND THEN ADOPT AT 20 THAT POINT IN TIME. 21 MAYOR PARTYKA: DO YOU HAVE A RECOMMENDATION 22 ON THIS? 23 MR. MCLEMORE: I HAVE A PREFERENCE. MY 24 PREFERENCE WOULD BE TO GO AHEAD AND ACT ON THE 25 ORDINANCE. I DON'T THINK WE REALLY LOSE ANYTHING . . . 6 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 IN GOOD FAITH IN TRYING TO COME TO AN AGREEMENT. I DON'T KNOW OF ANYTHING THAT WE WOULD PUT ON THE TABLE IN THE NEXT TWO WEEKS OR THREE WEEKS, _ WHATEVER IT TAKES, TO GET WHERE WE NEED TO GO. I THINK THAT FROM DISCUSSION, YEAH, I THINK THE SCHRIMSHERS WILL SEE THAT SOMEWHAT AS A THREAT AND NEED TO TAKE SOME DEFENSIVE ACTIONS, BUT I DON'T THINK THAT THAT WOULD BE MY PREFERENCE. I DON'T WANT TO START STAGING UP OTHER PARTIES WHO WANT TO GO BRING ON ANOTHER PROJECT AND WE'RE STILL TRAVELING UNDER THE PENDING DOCTRINE ORDINANCE, YOU KNOW. SO PART OF THAT, I GUESS YOUR ATTORNEY HAS TO ADVISE YOU THAT IF WE ARE LITIGATED, ARE YOU IN BETTER SHAPE TO WAIT IF YOU'RE LITIGATED, AND THEN ARE YOU ESTOPPED FROM APPLYING THE NEW ORDINANCE THAT YOU JUST ADOPTED, IF YOU CHOOSE TO ADOPT TONIGHT AND LITIGATE IT (INAUDIBLE) BY THE SCHRIMSHERS. SO WE PROBABLY NEED TO GET SOME DISCUSSION ON THAT BEFORE YOU MAKE YOUR FINAL DECISION. BUT I WOULD PREFER THAT THE PARTIES AGREE THAT WE ADOPT THE ORDINANCE TONIGHT AND WE SIT DOWN IN THE NEXT TWO WEEKS AND FINISH UP OUR NEGOTIATIONS. AND THEN IF EVERYBODY IS NOT HAPPY, THEY CAN STILL . . . 7 1 LITIGATE. THAT WOULD BE MY PREFERENCE. 2 MAYOR PARTYKA: OKAY. COMMISSIONER MC~EOD FIRST, THEN_COMMISSIONER BLAKE, THEN COMMISSIONER 3 4 MARTINEZ. 5 MR. MCLEOD: WELL, FIRST OF ALL, I THINK 6 WE'RE GOING TO HEAR FROM OUR ATTORNEY, AREN'T WE; 7 SOMETHING ABOUT WHERE WE STAND BETTER OFF, OR WAS 8 THAT JUST A SUGGESTION OF YOURS, RON? 9 MR.. MCLEMORE: THAT WAS A SUGGESTION OF MINE. 1 0 MAYOR 'PARTYKA: ONE MORE PIECE. AND AGAIN, 1 1 THIS IS AT THE PREFERENCE OF THE COMMISSION WHEN 1 2 \ -. I'" WE STARTED. YOU MAY WANT TO EVEN DO THIS. PUBLIC 1 3 INPUT IS COMING, SO YOU MAY WANT TO EVEN HOLD OFF 1 4 Y.OUR COMMENTS UNTIL PUBLIC INPUT, OR YOU MAY EVEN 1 5 WISH TO SPEAK NOW. 1 6 MR. MCLEOD: NO. I'LL SPEAK NOW AND THEN 1 7 I'LL SPEAK LATER. 1 8 MAYOR PARTYKA: OKAY. 1 9 MR. MCLEOD: BASICALLY, I THINK THAT WHAT WE 20 HAVE HERE, AND I THINK WE CAN PROBABLY SAVE A 21 WHOLE LOT OF TIME THIS EVENING, FROM WHAT I HEAR, 22 WE ARE VERY CLOSE TO AN AGREEMENT. WE'RE NOT 23 THERE YET. I THINK THAT AS LONG AS THIS HAS GONE 24 ON, I THINK WE WOULD BE FOOLISH TO MOVE ON THIS 25 THIS EVENING. 8 . 1 2 I THINK IF I WAS SITTING IN THE OTHER SEAT, I WOULD -- THIS COMMISSION MAYBE MOVED FORWARD ON 3 THIS THIS EVENING, I WOULD HAVE TO FEEL THAT 4, PERHAPS MY HANDS ARE A LITTLE MORE TIED FROM A . 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 NEGOTIATIONS STANDPOINT. AND IF YOU'RE IN THE MIDDLE OF NEGOTIATION AND YOU'RE CLOSE TO THE NEGOTIATION, AS WHAT I HEAR WE ARE, THEN I WOULD SUGGEST THAT WE MOVE THIS THING TO -- I BELIEVE NOVEMBER 23RD IS THE COMMISSION MEETING; IS THAT -;, . CORRECT? FIRST MEETING IN NOVEMBER IS THE 8TH. THAT'S TWO WEEKS. IS THAT ENOUGH TIME THAT IT'S GOING TO BE HAMMERED OUT, ALL PARTIES ARE GOING TO BE ABLE TO GET TOGETHER ENOUGH TO HAMMER THIS THING OUT ONE LAST TIME? MR. MCLEMORE: AT THAT POINT IN TIME, MY SUGGESTION IS WE MEET AGAIN, WE TRY TO RESOLVE THE ISSUES IN A WAY THAT THE LANGUAGE IS WHERE WE CAN LIVE WITH IT. IF THERE'S AN ISSUE OR TWO ISSUES LEFT ON THE TABLE, WE BRING YOU THOSE ISSUES, SAY WE ARE UNABLE TO RESOLVE THESE ISSUES, THEN LET YOU MAKE THE DECISION THAT YOU WANT TO MAKE RELATIVE TO THOSE ISSUES, AND MOVE AHEAD. THAT'S MY RECOMMENDATION. THAT'S NOT MY PREFERENCE, BUT MY '. . . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 9 RECOMMENDATION. MR. MCLEOD: I THINK I WOULD LIKE TO HEAR BRIEFLY FROM THE OTHER PARTY AS TO -- WITHOUT, YOU KNOW, GOING INTO THE WHOLE CAVEAT, DOES WHAT I'M SAYING HERE MAKE SENSE? AND DOES -- BY NOVEMBER --- 8TH GIVE ENOUGH TIME FOR BOTH PARTIES TO COME TO THE TABLE? AND ARE YOU WILLING, THEN, IF YOU DON'T TOTALLY AGREE, THEN ON NOVEMBER 8TH THE OUTSTANDING ISSUES WILL COME BEFORE THIS COMMISSION TO TALK TO YOU ABOUT THEM? MAYOR PARTYKA: WOULD YOU WISH TO HAVE PUBLIC INPUT AT THIS POINT, BECAUSE THERE ARE THREE PEOPLE THAT WISH TO SPEAK, OR -- MR. MCLEOD: MAYOR, IF EVERYBODY IS IN AGREEMENT, WHICH IS THE PARTIES, THEN I THINK IT'S OVER FOR THIS EVENING AND WE CAN MOVE FORWARD. MR. MARTINEZ: IT'S NOT OVER. THERE ARE PEOPLE WAITING TO SPEAK. MAYOR PARTYKA: COMMISSIONERS, WE HAVE THAT COMMENT BY COMMISSIONER MCLEOD AT THIS POINT. IF WE'RE WILLING TO HOLD OFF, LET'S SEE WHAT THEY SAY. MR. MCLEOD: WELL, I WOULD ASK FOR THE OTHER PARTY IF THEY WOULD BE IN AGREEMENT OR NOT IN AGREEMENT TO THAT. . . '23 . 1 0 1 MAYOR PARTYKA: WELL, UNFORTUNATELY, THE 2 ISSUE IS WE'RE TALKING ON THE ENTIRE ORDINANCE, .3 - - _..- AND THERE ARE THREE PEOPLE; TWO FROM THE 4 SCHRIMSHERS AND ONE ALSO FROM RUTNICK & WOLF, 5 WHICH IS FOR A DIFFERENT PIECE OF PROPERTY. SO I 6 THINK WE UNDERSTAND THE POINT. 7 COMMISSIONER BLAKE. 8 MR. BLAKE: THANK YOU, MAYOR. I WOULD LIKE 9 TO ASK MR. GRINDSTAFF, REPRESENTING THE SCRIMSHER 1 0 ORGANIZATION, DO YOU FEEL IT WOULD BE POSSIBLE TO 1 1 WORK OUT AN AGREEMENT, WITHIN THE NEXT TWO WEEKS, 1 2 WITH THE CITY BASED ON HOW NEGOTIATIONS HAVE GONE 1 3 OVER THE LAST TWO WEEKS? 1 4 MR. GRINDSTAFF: COMMISSIONER, MR. MAYOR, FOR 1 5 THE RECORD, MY NAME IS MICHAEL GRINDSTAFF, AN 1 6 ATTORNEY WITH THE LAW FIRM OF SHUTTS & BOWEN, 20 1 7 NORTH ORANGE AVENUE, ORLANDO, FLORIDA, 1 8 REPRESENTING THE SCRIMSHER GROUP. 1 9 COMMISSIONER BLAKE, THAT'S A GOOD QUESTION. 20 WITH ALL DUE RESPECT, EVERY TIME WE HAVE SET A 21 HEARING TWO WEEKS AWAY, TWO WEEKS AWAY, KEEP GOING 22 TWO WEEKS AWAY, WE COME BACK WITH SOME -- OR MAYBE NO PROGRESS. I WOULD LIKE TO REMIND THE 24 COMMISSION THAT IT WAS NOT US THAT GOT OFF TRACK 25 FOR 90 DAYS WHILE WE DEALT WITH MR. JOSHI'S . . . 1 1 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 SITUATION. SO WHEN MR. MCLEMORE IS TALKING ABOUT SETTING A TIME FRAME, WE AGREE TO ANY TIME LIMIT, AND IF WE CAN NEGOTIATE, WE CAN. IF WE REACH AN IMPASSE, WE REACH AN IMPASSE. IF WE ARE NOT READY ON NOVEMBER 8, WE'RE NOT READY ON NOVEMBER 8. I THINK WHAT'S IMPORTANT HERE IS THIS COMMISSION IS LOOKING FOR A TOWN CENTER. THEY'RE LOOKING FOR SOLUTIONS TO THIS SITUATION. IN THE LAST 30 DAYS WE HAVE MADE MORE PROGRESS ON THIS ISSUE THAN HAS BEEN MADE OVER THE LAST 360 DAYS THAT I HAVE BEEN INVOLVED IN IT. AND I THINK THAT'S -- SITTING DOWN WITH MR. MCLEMORE, SITTING DOWN WITH THE NEW CITY ATTORNEY, TALKING ABOUT ISSUES, NOT JUST IGNORING THEM BECAUSE THEY'RE ON A PIECE OF PAPER, BUT TALKING ABOUT THEM, REALIZING THERE ARE CONCERNS OF THE PROPERTY OWNER, AND COMING UP WITH SOLUTIONS. I CAN'T TELL YOU THAT WE ARE THERE. I CAN'T TELL YOU WE'LL BE THERE ON NOVEMBER THE 8TH. I CAN TELL YOU WE WILL BE THERE ON NOVEMBER 8 IF MR. MCLEMORE WILL AGREE WITH EVERYTHING WE ASK FOR. MR. BLAKE: SO IT IS POSSIBLE? MR. GRINDSTAFF: IT IS POSSIBLE. HE'S GOING . . . 1 2 1 TO NEED TO SEE THE GHOST FOR CHRISTMAS PAST FOR 2 THAT TO HAPPEN. IN ALL DUE RESPECT, I DO THINK WE. 3 HAVE MADE BIG PROGRESS. I THINK WE CAN MAKE A LOT 4 OF PROGRESS IN THE NEXT TWO WEEKS. 5 MR. BLAKE: IF I CAN ASK YOU THIS: IF WE 6 WERE TO ENACT THIS ORDINANCE TONIGHT, DO YOU FEEL 7 THAT IT WOULD BE POSSIBLE TO CONTINUE THE 8 NEGOTIATIONS? 9 MR. GRINDSTAFF: NOT AFTER-- WE HAVE HAD THIS 1 0 DISCUSSION. NOT AFTER CONSIDERABLE TIME AND 1 1 ENERGY AND EXPENSE THAT IS DEVOTED TO INITIATING A 1 2 LITIGATION TO PROTECT OUR INTEREST. WE WILL HAVE 1 3 30 DAYS TO SEEK A WRIT OF CERTIORARI. YOUR 1 4 ATTORNEY WILL TELL YOU THAT. 1 5 THERE ARE OTHER THINGS THAT MAY LAST LONGER 1 6 THAN THAT. WE'LL HAVE 30 DAYS TO PREPARE WHAT WE 1 7 NEED TO PREPARE AND GET FILED IN SEMINOLE COUNTY. 1 8 AND THERE WON'T BE ANY NEGOTIATION GOING ON DURING 1 9 THAT PERIOD; THERE WILL BE PREPARATION OF OUR 20 PLEADINGS. 21 MR. BLAKE: LETTER WRITING. 22 MR. GRINDSTAFF: I THINK THAT IS A TERRIBLE 23 WASTE OF TIME AND ENERGY, ESPECIALLY WHEN WE ARE WHERE WE ARE. AND IF FOR SOME REASON YOU FEEL I I I LIKE THAT'S NECESSARY, I PERSONALLY THINK THAT'S AI I r 24 25 . . . 1 3 1 BIG MISTAKE. 2 I DON'T KNOW ABOUT THE VALIDITY OF THE, 3 PENDING LEGISLATION ORDINANCE AND ALL THAT STUFF, 4 BUT MR. MCLEMORE SEEMS TO FEEL COMFORTABLE WITH 5 THAT. I DON'T KNOW THAT YOU RISK ANYTHING BY 6 POSTPONING THIS THING FOR TWO WEEKS, 30 DAYS, 16 7 DAYS, ANY NUMBER OF DAYS. 8 WE'RE TRYING TO MAKE PROGRESS HERE, EVERYBODY 9 IS MAKING PROGRESS HERE, AND IF WE TRY TO PUT A 1 0 SQUARE PEG IN A ROUND HOLE, WE'RE WASTING OUR 1 1 TIME. ~ 1 2 MR. BLAKE: MR. GRINDSTAFF, IF WE DID, IN 1 3 FACT, POSTPONE THIS THIRD READING UNTIL THE DATE 1 4 NOVEMBER 8TH OR 9TH, WHATEVER IT IS. WHAT IS IT? 1 5 MAYOR PARTYKA: 8TH. 1 6 MR. BLAKE: NOVEMBER 8, OKAY. IF WE DO IN 1 7 FACT POSTPONE IT UNTIL NOVEMBER 8TH, WOULD YOU AND 1 8 YOUR CLIENT AGAIN AGREE, AS YOU HAVE IN THE PAST, 1 9 TO EXTEND THE STANDSTILL AGREEMENT AND AGREE TO 20 PUT YOUR VERBAL REPRESENTATION OF THAT ON THE 21 RECORD THIS EVENING? 22 MR. GRINDSTAFF: SURE. SURE. YOU GUYS KNOW 23 THAT WE HAVE BEEN STRAIGHT UP WITH ALL THAT STUFF 24 FROM DAY ONE. 25 I NOW, WHAT WE WOULD LIKE FOR MR. MCLEMORE AND . . . 1 4 1 2 3 4- 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 THE NEW CITY ATTORNEY TO AGREE TO, LS LET'S MEET, LET'S BE AVAILABLE, LET'S GET IT ON. LET'S DON'T JUST WAIT UNTIL, LIKE, WEDNESDAY, THURSDAY, FRIDAY BEFORE THE MONDAY MEETING TO TRY TO SQUEAK IN A MEETING AND SAY WE'VE MET. I MEAN, LET'S MEET. ~~T'S MEET, LET'S TALK ABOUT THE ISSUES, LET'S REVISE THE DOCUMENT, LET'S LOOK AT WHAT WE CAN DO, AND LET'S AGREE TO AGREE OR DISAGREE BY THE 8TH. MR. BLAKE: MR. MCLEMORE, IT'S MY UNDERSTANDING THAT OTHER THINGS GO ON IN THE CITY BESIDES THESE NEGOTIATIONS. MR. GRINDSTAFF: SO HAS MR. SCRIMSHER, BY THE WAY, GOT OTHER THINGS GOING ON BESIDES THAT. MR. BLAKE: I UNDERSTAND THAT MR. SCRIMSHER ALSO HAS OTHER THINGS GOING ON BESIDES THESE NEGOTIATIONS. WHERE WOULD YOU SEE SCHEDULING MEETINGS WITH MR. GRINDSTAFF OR MR. SCRIMSHER OR ANYBODY IN THE ORGANIZATION IN ORDER TO FOLLOW THROUGH WITH THESE NEGOTIATIONS? WHERE WOULD YOU SEE THAT ON YOUR LIST OF PRIORITIES OVER THE NEXT TWO WEEKS? MR. MCLEMORE: CERTAINLY IN THE TOP FIVE. I THINK THAT WE CERTAINLY COULD MEET THURSDAY AND/OR FRIDAY OF THIS WEEK, MAYBE EVEN WEDNESDAY OR THURSDAY OF THIS WEEK. ,. , . . 1 5 1 I THINK THE CITY ATTORNEY AND I NEED TO GET 2 TOGETHER RIGHT QUICK, WORK ON A FEW THINGS. MAYBE 3 ONCE THIS WEEK, CERTAINLY HAVE A MEETING OR TWO, 4 OPTIONS FOR NEXT WEEK, THE FOLLOWING WEEK. COME 5 BACK TO YOU ON THE 8TH WITH WHERE WE ARE AT AND 6 WHAT ISSUES WE HAVE UNRESOLVED. AT THAT POINT IN 7 T*ME I THINK YOU WILL HAVE A SENSE OF HOW FAR AWAY 8 WE ARE OR HOW CLOSE WE ARE AND WHERE TO GO. 9 MR. BLAKE: I'M DONE. 1 0 MAYOR PARTYKA: OKAY. THANK YOU. 1 1 COMMISSIONER MARTINEZ. 1 2 MR. MARTINEZ: (INAUDIBLE. ) 1 3 MAYOR PARTYKA: OKAY. COMMISSIONER MILLER, 1 4 WOULD YOU SPEAK NOW? 1 5 MR. MILLER: I JUST WANTED ONE QUESTION FOR 1 6 MR. GRINDSTAFF AND ONE FOR, WELL, THE CITY 1 7 MANAGER. 1 8 I HAVE SAT HERE NOW PROBABLY EIGHT OR TEN . 1 9 TIMES AND HEARD COMMENTS EXACTLY AS HAVE BEEN MADE 20 HERE TONIGHT BY BOTH YOURSELF AND THE CITY 21 MANAGER. I'M CURIOUS NOW, HOW CLOSE ARE YOU? YOU 22 MADE THE COMMENT, PUTTING A SQUARE PEG INTO A 23 ROUND HOLE. THAT TELLS ME THAT THERE'S SOME 24 SIGNIFICANT PROBLEMS THAT YOU PROBABLY NEVER WILL 25 GET TO THE END OF IT. ,. . e 1 6 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MR. GRINDSTAFF: WELL, THE SQUARE PEG IN THE ROUND HOLE COMMENT; COMMISSIONER, WAS PERTAINING TO PASSING AN ORDIN"ANCE 'FOR THE SAKE OF PASSING AN ORDINANCE. PASSING AN ORDINANCE IN THE FACE OF WHAT WILL ABSOLUTELY, POSITIVELY, CERTAINLY MEAN A VERY EXPENSIVE, TIME-CONSUMING PIECE OF LITIGATION THAT WASTES EVERYBODY'S TIME. MR. MILLER: OKAY. HOW MANY MEETINGS HAVE YOU HAD IN THE LAST MONTH WITH THE CITY MANAGER? MR. GRINDSTAFF: TWO. IN THE LAST MONTH, TWO. MR. MILLER: HOW LONG WAS THE DURATION OF THOSE MEETINGS? MR. GRINDSTAFF: ONE WAS FOUR OR FIVE HOURS, AND THE OTHER ONE WAS IN EXCESS OF TWO. I DON'T REMEMBER; TWO TO THREE. MR. MILLER: THAT'S SEVEN TO EIGHT HOURS. DOES THE CITY MANAGER FEEL THAT ANOTHER SEVEN OR EIGHT HOURS IS GOING TO SOLVE THE ISSUES BETWEEN YOU? MR. GRINDSTAFF: COMMISSIONER MILLER, WE WERE PUT ON HOLD WHILE MR. JOSHI DID HIS THING FOR 90 DAYS. MR. MILLER: I UNDERSTAND THAT. I UNDERSTAND THAT. YOU HAVE SOME POSITIONS. I'M JUST TRYING . . . 1 7 1 TO FIND OUT IF IT'S A GOOD EFFORT ON BOTH SIDES TO 2 MEET, BECAUSE I WOULD LIKE -- I WOULD NOT LIKE TO 3 " HAVE THE CONVERSATION GO THE WAY IT JUST DID 4 TONIGHT NEXT TIME. 5 lIWELL, WE JUST HAVEN'T HAD A CHANCE TO 6 DISCUSS THE ISSUES," BECAUSE THAT KIND OF A 7 RATIONALE -- I MEAN, I'LL BE SITTING HERE NEXT 8 MARCH AND THOSE SAME COMMENTS WILL BE BEING MADE. 9 AND AT SOME POINT IN THE INTERIM YOU BETTER REACH 1 0 A POINT THAT -- THERE IS SOME GAP THAT WE'RE NEVER 1 1 GOING TO CLOSE. AND THEN THE QUESTION COMES: DO 1 2 WE JUST MOVE ON WITH WHAT IT IS THAT MOST OF THE 1 3 PEOPLE IN THIS CITY WOULD REALLY LIKE TO SEE 1 4 HAPPEN, WHICH IS SOME VERSION VERY CLOSE TO WHAT 1 5 THIS ORDINANCE LOOKS LIKE; OR SHALL WE SAY, THE 1 6 HECK WITH IT AND WE WILL LOOK LIKE -- I THINK ONE 1 7 NEWSPAPER ARTICLE DESCRIBED IT AS SEMINOLE COUNTY 1 8 CHIC -- STRIP MALL CHIC, WHICH IS WHAT -- 1 9 MR. GRINDSTAFF: THAT'S A BUG-A-BOOi THE 20 17-92/434 -- 21 MR. MILLER: IF THIS ORDINANCE FAILS, THAT'S 22 WHAT WILL HAPPEN, AND THAT'S WHAT I'M TRYING TO 23 GET AT. I JUST DON'T WANT TO SEE THE ORDINANCE 24 FAIL. I'LL TURN OVER THE PODIUM AND GET ON WITH 25 IT. .. . . . 1 8 1 MR. MCLEMORE: YOUR QUESTION, AS I 2 UNDERSTAND, WAS -- 3 MR. MILLER: I WOULD LIKE TO SEE SOME S~RIOUS MEETINGS TAKE PLACE. IF YOU-ALL SPEND 20, 30 4 5 HOURS 'IN THE NEXT TWO WEEKS AND YOU HAVEN'T 6 REACHED IT, I THINK THAT WILL PROBABLY TELL US 7 SOMETHING, I HOPE. 8 MAYOR PARTYKA: I BELIEVE THAT -- 9 MR. MILLER: LET'S GET IT ON AND GET IT OVER 1 0 WITH. 1 1 MAYOR PARTYKA: I BELIEVE MR. MCLEMORE STATED 1 2 THEY WILL HAVE MEETINGS TO BRING BACK TO THE 1 3 COMMISSION MEETING ON NOVEMBER 8TH WHATEVER THAT 1 4 POSITION IS AND WHETHER THAT'S A FIRM POSITION AT 1 5 THAT POINT IN TIME; IT CANNOT END ON ANYTHING 1 6 ELSE. THEN YOU WILL STATE THAT AT THAT POINT AND 1 7 WE WILL AGAIN COME TO SOME KIND OF DETERMINATION. 1 8 OKAY. ANY OTHER COMMENTS FROM THIS 1 9 COMMISSION? OKAY. 20 MR. MARTINEZ: PUBLIC INPUT. 21 MAYOR PARTYKA: MR. GRINDSTAFF, YOU'RE STILL 22 ON THE FLOOR. WE'RE GOING TO OPEN THIS UP TO 23 PUBLIC INPUT. YOU'RE WELCOME TO STAY THERE -- IN 24 FACT, YOU'RE FIRST ANYWAY. SO IF YOU WANT TO MAKE 25 ANY ADDITIONAL COMMENTS FROM YOUR STANDPOINT. . . . 1 9 1 MR. GRINDSTAFF: WELL, I REALLY DON'T CARE TO 2 MAKE ADDITIONAL COMMENTS. I MIGHT CARE, WITH ALL 3 DUE RESPECT~ TO REBUT SOME THAT MAY BE 4 SUBSEQUENTLY MADE. IF I CAN RESERVE THE RIGHT TO 5 DO THAT, I APPRECIATE IT. 6 MAYOR PARTYKA: YOU'RE A CONCERNED LANDOWNER; 7 YOU HAVE THAT RIGHT. 8 . MR. SCRIMSHER, WOULD YOU CARE TO SPEAK NOW? 9 MR. SCHRIMSHER: SURE. MIKE SCRIMSHER, 600 1 0 EAST COLONIAL, SUITE 100, ORLANDO, FLORIDA 32803. 1 1 I WOULD JUST LIKE TO SAY WE'VE HAD TWO 1 2 \.,. ~ MEETINGS, AND MY RECOLLECTION IS THE FIRST WAS 1 3 FOUR HOURS AND THE SECOND WAS TWO. WE WENT OVER 1 4 PRETTY THOROUGHLY THE AGREEMENT THAT WE HAD 1 5 PROPOSED ABOUT SEVEN MONTHS AGO AND ANOTHER 1 6 AGREEMENT, THE COUNTERPROPOSAL AGREEMENT, AND 1 7 PRETTY THOROUGHLY WERE ABLE -- WE DIDN'T GO OVER 1 8 ALL THE LITTLE "WHEREASES" AND STUFF, BUT AS FAR 1 9 AS THE SUBSTANTIVE PART OF THE AGREEMENTS, EACH 20 SIDE, MR. MCLEMORE AND THE CITY ATTORNEY AND 21 MICKEY AND I, WERE ABLE TO EACH ONE STATE OUR 22 VIEWS AND ASK OUR QUESTIONS BY THE TIME WE GOT 23 THROUGH THOSE TWO MEETINGS. 24 AND I THINK I FEEL LIKE IT WOULD BE HARD 25 TO PUT A NUMBER, BUT I THINK WE MADE IT OVER . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 . . 20 HALFWAY. SOME OF THE THINGS WERE RESOLVED JUST BY UNDERSTANDING, YOU KNOW; JUST BY GETTING THE ANSWER TO UNANSWERED QUESTIONS. SO I FEEL PRETTY OPTI-- SO WE HAD TWO MEETINGS ON THE TWO DIFFERENT WEDNESDAYS IN THE TWO DIFFERENT WEEKS SINCE YOU-ALL GAVE US THESE INSTRUCTIONS. BETWEEN NOW AND YOUR NEXT COMMISSION MEETING, THERE'S TWO MORE WEEKS TO PICK A MEETING PER WEEK AND TO COME BACK, YOU KNOW, TO HOPEFULLY NAIL DO~N THOSE LAST -- I THINK IT'S TRUE THAT BY THAT NEXT COMMISSION MEETING WE WILL EITHER HAVE AGREED ON EACH OF THEM OR WE WILL KNOW WHAT WE CAN'T AGREE ON. IT'S MY OPINION, FOR WHAT IT'S WORTH, THAT DELAYING THIS FOUR WEEKS MAKES MORE SENSE BECAUSE IT GIVES YOU GUYS THE CHANCE TO HEAR WHAT, IF ANY, UNRESOLVED THINGS THERE ARE AND DO SOMETHING ABOUT IT, AS OPPOSED TO -- WHICH I DON'T THINK -- I DON'T KNOW. MAYBE YOU WILL WANT TO DO THAT TWO WEEKS FROM NOW ON MONDAY NIGHT. I DON'T KNOW. THAT'S UP TO YOU. BUT I THINK IT'S PROBABLE THAT WITHIN TWO MORE WEEKS WE WILL EITHER HAVE AGREED OR KNOW WHERE WE CAN'T, AND IT'S JUST HOW MUCH -- YOU . . . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 21 KNOW, WHAT KIND OF OPPORTUNITY YOU WANT TO -- THE COMMISSION WANTS TO LEAVE ITSELF TO BE THE BODY THAT RESOLVES THOSE, THINGS, IF THERE ARE ANY, ONE WAY OR THE OTHER, SO... MAYOR PAR~YKA: OKAY. THANK YOU. --- MR. SCHRIMSHER: I MEAN, I THINK IT'S A GOOD REPORT AND I THINK IT'S A HUGE AMOUNT OF PROGRESS IN A RELATIVELY SHORT PERIOD OF TIME COMPARED WITH, YOU KNOW, THE PAST YEAR'S HISTORY. MA YOR PARTYKA: VERY GOOD. THA'NK YOU. AND NOW WE HAVE MS. SUE MURPHY. OH, I'M SORRY. COMMISSIONER BLAKE WISHES TO ASK A QUESTION OF MR. SCRIMSHER. MR. BLAKE: I APPRECIATE THE COMMENTS. DO YOU FEEL THAT BOTH SIDES COULD COME TO US AT THE WORKSHOP THAT'S PRIOR TO THE NEXT MEETING WITH THAT ONE, HOPEFULLY NOT MORE THAN TWO ISSUES THAT CAN'T SEEM TO BE IRONED OUT; THAT WE MAY BE ABLE TO IRON THOSE OUT IN THE PROCESS OF THAT WORKSHOP AND THE MEETING? MR. SCHRIMSHER: YES. IT SEEMS LIKE THE CITY NOW IS DECIDING THAT THAT IS WHEN THEY WOULD LIKE TO HOLD THE WORKSHOPS, SO THAT WOULD, I THINK MR. BLAKE: THE PURPOSE OF THE WORKSHOP, REALLY, IS A LITTLE DIFFERENT, BUT I'M JUST . . . 22 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 LOOKING FOR A WAY TO FACILITATE -- MR. SCHRIMSHER: I THINK THAT'S ESPECIALLY TRUE IF WE GIVE YOU SO~ErHING TO LOOK AT PRIOR TO 5 O'CLOCK. MR. BLAKE: WE WOULD CERTAINLY HOPE TO HAVE ONE PRIOR TO 5 O'CLOCK WEDNESDAY. MR. SCHRIMSHER: SO THAT YOU, YEAH, HAVE A CHANCE TO READ OVER WHATEVER THAT UNRESOLVED ISSUE OR TWO IS AND HAVE ALREADY AN OPINION OR SOME QUESTIONS TO ASK OR A CHANCE TO GET SOME INFO IN THE MEANTIME BEFORE THE WORKSHOP, SO THEN, YOU KNOW, BOOM, BOOM, BOOM; EVERYBODY CAN MARCH RIGHT THROUGH IT INSTEAD OF TRYING TO DO IT ON THE SPUR OF THE MOMENT. MR. BLAKE: I AGREE. THANK yOU. MAYOR PARTYKA: THANK YOU VERY MUCH. MS. MURPHY, YOU HAVE THE FLOOR. MS. MURPHY: GOOD EVENING, COUNCIL MEMBERS, STAFF. FOR THE RECORD, SUE MURPHY. I'M DIRECTOR OF PLANNING WITH THE LAW FIRM RUTNICK & WOLF, 101 EAST KENNEDY BOULEVARD, TAMPA, FLORIDA. I'M HERE REPRESENTING THE JAMES DORRIN COMPANY. JAMES DORRIN COMPANY IS THE -- HAS VALID EXISTING RIGHT TO PURCHASE CONTRACTS ON ALL THE KINGSBURY PROPERTY THAT'S INVOLVED UNDER THIS .. . . 23 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 TND. THEY HAVE ALREADY FILED A SITE PLAN FOR APPROXIMATELY 11 ACRES ON THE NORTHWEST CORNER OF THE INTERSECTION OF 434 AND TUSCAWILLA BOULEVARD UNDER THE EXISTING ORDINANCES. WE RECOGNIZE WHAT THE CITY WANTS ~O ACHIEVE WITH THE TND ORDINANCE. I HAVE WORKED ON TND'S. THEY LIVE IN CHARLESTON. THEY'RE BASED IN CHARLESTON. THEY ARE FAMILIAR WITH THE PRODUCT. WE HAVE NOTHING AGAINST IT, PER SEe WE HAVE SOME QUESTIONS ABOUT THE LEGALITY OF THE WAY IT'S BEING APPLIED TO THE PROCESS. IT SEEMS TO PLACE AN INORDINATE BURDEN ON FEW PROPERTY OWNERS FOR THE PUBLIC GOOD. WE HAVE SOME OTHER LEGAL CONCERNS ABOUT IT. SINCE TND'S ARE TYPICALLY DONE AS AN OVERLAY DISTRICT OR AN INCENTIVE-BASED DISTRICT WHERE YOU HAVE ONE PROPERTY OWNER WHO'S TRYING TO DEVELOP THIS AND PULL IT ALL TOGETHER AND THEN SELL PLATTED LOTS, IT'S A LITTLE UNUSUAL TO HAVE IT BE THE ONLY USE YOU CAN ALL OF A SUDDEN HAVE ON YOUR PROPERTY. HAVING SAID ALL OF THAT, WE WENT WITH YOUR CITY MANAGER AND YOUR CITY ATTORNEY TODAY TO TALK ABOUT SOME OF OUR CONCERNS AND ASK SOME QUESTIONS 2~ . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 WE HAD ABOUT THIS. AND WE EXPRESSED A DESIRE TO WORK WITH YOU TO THE EXTENT THAT WE CAN. WE HAVE THIS PLAN FILED. WE ARE SEEKING OUR DRC REVIEW MEETING FOR THE MIDDLE OF NOVEMBER. BUT WE ARE WILLING TO, TO THE EXTENT THAT WE CAN DO IT AND THE EXTENT THE CITY CAN BE FLEXIBLE AND WORK WITH US, WE WILL BE FLEXIBLE AND WORK WITH THE CITY TO TRY TO MAKE OUR USES CONFORM AND MEET THE SPIRIT OF WHAT YOU'RE TRYING TO DO. RETAIL HAS ALWAYS BEEN -- ON THE TND'S I'VE EVER SEEN OR WORKED ON, RETAIL HAS ALWAYS BEEN THE MOST PROBLEMATIC ASPECT OF THE TND. THE HOUSING ASPECT SELLS WELL, THE RETAIL HAS ALWAYS BEEN THE PROBLEM AREA. WE HAVE A SITE PLAN IN FOR A GROCERY STORE ANCHOR SHOPPING CENTER. WE ARE WILLING TO WORK ON SOME DESIGN CHANGES WITH THE CITY TO THE EXTENT THAT WE CAN DO SOMETHING WE CAN LEASE, SOMETHING WE CAN DO COST EFFECTIVELY, SINCE WE CAN'T PASS THOSE ADDITIONAL DESIGN COSTS ON TO THE TENANT, WHO CAN JUST GO DOWN, YOU KNOW, A COUPLE BLOCKS AWAY AND NOT HAVE TO INCUR THOSE COSTS. WE MAY HAVE SOME FINANCING PROBLEMS WITH SOME OF THESE THINGS BECAUSE OF THE NATURE OF THIS DEVELOPMENT. WE ARE SIMPLY ASKING THAT IF WE . . . . . 25 1 THAT THE CITY WORK WITH US AND BE FLEXIBLE AND 2 HAVE THIS BE A GIVE-AND-TAKE PROCESS. 3 WE WOULD RATHER SPEND THE MONEY WE COULD 4 SPEND LITIGATING THIS WITH THE CITY AND TAKE THE 5 CITY AND THE MONEY THEY SPEND LITIGATING WITH US 6 AND LET'S WORK TOGETHER AND TRY TO GET THE PROJECT 7 DONE IN A WAY THAT MAKES EVERYBODY HAPPY AND 8 EVERYBODY CAN LIVE WITH. 9 MR. MCLEMORE HAD INDICATED THAT THE GROCERY 1 0 TENANT, HE RECOGNIZES THAT THOSE ARE THE TENANT 1 1 GROCERY TENANT ANCHOR SHOPPING CENTERS ARE NOT, 1 2 r YOU KNOW, THE PRIMARY, IDEAL FORM FOR A TND, BUT' 1 3 THEY'RE NECESSARY AND NEEDED AND THAT, YOU KNOW, 1 4 WE HAVE SOME FLEXIBILITY IN DESIGNING SUCH A 1 5 CENTER. LIKE I SAID, WE'RE WILLING TO WORK WITH 1 6 YOU TO TRY TO DESIGN THAT. 1 7 I THINK THERE'S SOME THINGS THE CITY CAN DO. 1 8 MR. MCLEMORE INDICATED THAT YOU COULD BRING IN 1 9 SEWER AND WATER, WHICH IS CERTAINLY AN ASSET. I 20 THINK THERE'S OTHER THINGS YOU COULD EXPLORE 21 DOING, SUCH AS IMPACT FEES IN THE TND CENTERS 22 SINCE IT'S PEDESTRIAN-ORIENTED. THERE ARE 23 THINGS -- SUCH INCENTIVES -- I THINK THE CITY 24 NEEDS TO START CONSIDERING INCENTIVES TO MAKE THIS 25 MORE ATTRACTIVE AND MORE COST EFFECTIVE AND COME . . . 26 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 UP WITH SOME FLEXIBILITY IN THESE TYPES OF MORE DIFFICULT PIECES OF PROPERTY THAT ARE RETAIL. WE ARE PREPARED TO HIRE A SPECIALIST, LIKE ANDRE (INAUDIBLE) WHO I HAVE WORKED WITH MANY TIMES, TO COME IN AND PUT TOGETHER A SITE PLAN FOR THIS TO SEE IF WE CAN COME UP WITH SOME KIND OF HAPPY MEDIUM HERE THAT WE CAN ALL LIVE WITH THAT MEETS YOUR SPIRIT AND MEETS OUR FINANCIAL AND BUSINESS OBLIGATIONS AT THE SAME TIME. WE HOPE THAT THE CITY WILL WORK WITH US TO DO THAT. ONE OF THE THINGS THAT I JUST WANTED TO MENTION IS THAT WE WERE TOLD TODAY THAT WE CAN'T -- THE CITY CAN'T REALLY NEGOTIATE ANY KIND OF AGREEMENT OR ANY KIND OF DESIGN ALTERNATIVES AND FLEXIBILITY WITH US UNTIL YOU HAVE -- YOUR CONTRACT WITH MR. JOSHI EXPIRES. SO WE CAN'T EVEN BEGIN THIS PROCESS WITH YOU TO TRY TO WORK OUT SOMETHING UNDER YOUR PROPOSED NEW ORDINANCE UNTIL AFTER DECEMBER 1ST. AND I DON'T KNOW IF YOU WANT TO FACTOR THAT IN TO WHEN YOU ADOPT THIS ORDINANCE, BUT WE HAVE NO CHOICE BUT TO OPERATE UNDER THE EXISTING ORDINANCE UNTIL AND UNLESS WE CAN COME UP WITH SOME KIND OF FLEXIBLE AGREEMENT WITH THE CITY. SO I JUST WANTED TO PUT THAT IN THE RECORD . . . 27 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 AND ANSWER ANY QUESTIONS YOU MIGHT HAVE ABOUT WHAT WE'RE TRYING TO DO AND HOPE'THAT WE CAN ALL WORK TOGETHER TO COME UP WITH SOMETHING EVERYBODY LIKES. MAYOR PARTYKA: OKAY. MS. MURPHY: THANK YOU. MAYOR PARTYKA: THANK YOU. MS. MURPHY, I KNOW SEVERAL TIMES YOU HAVE REQUESTED TO SPEAK TO ME. WE KEPT MISSING EACH OTHER. I HAD CALLED YOUR OFFICE A COUPLE TIMES, TOO. MS. MURPHY: I APPRECIATE THAT. I HAVE BEEN ON THE ROAD NON-STOP, BUT I APPRECIATE THAT. AND MR. MCLEMORE AND YOUR CITY ATTORNEY MET WITH ME EARLIER TODAY FOR QUITE AWHILE AND WE GOT A LOT OF THE INFORMATION WE HAD QUESTIONS ABOUT ANSWERED. MAYOR PARTYKA: OKAY. IS THERE ANYONE THAT WISHES TO SPEAK ON THIS ISSUE? I HAVE NO OTHER REQUESTS. IF THERE ARE NO OTHER REQUESTS TO SPEAK, I'LL CLOSE THE PUBLIC INPUT PORTION OF THIS MEETING AND OPEN THIS BACK TO THE COMMISSION DISCUSSION. AND COMMISSIONER MARTINEZ, UNLESS COMMISSIONER MCLEOD, YOU HAD A SPECIFIC QUESTION TO MS. MURPHY? MR. MCLEOD: NO. I HAVE IT TO THE CITY ATTORNEY, BUT MR. MARTINEZ' LIGHT WAS FIRST. . . . 28 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MAYOR PARTYKA: YES. COMMISSIONER MARTINEZ. MR. MARTINEZ: IN THE SUNDAY SENTINEL UNDER A COLUMN WRITTEN BY jIM ~O~ER THERE'S AN ARTICLE THAT READS IN PART: IN SEMINOLE WE HAVE THREE CITIES WITH ELECTIONS ON NOVEMBER 2. TWO OF THE CITIES ARE PRETTY WELL (INAUDIBLE) OUT. THE THIRD IS IN THE PROCESS OF MOLDING ITSELF. THAT'S US. THIS PLACE AREN'T EXACTLY (INAUDIBLE) WHERE CITY COMMISSION MEMBERS SPEND MOST OF THEIR TIME SQUABBLING OVER WHICH SIDE OF THE SIDEWALK THE FENCE SHOULD GO ON. THEN HE GOES ON TO DESCRIBE SOMETHING ABOUT ALTAMONTE SPRINGS. IN THE LATTER PARAGRAPH HE SAYS, THE MOST IMPORTANT ONE IS WINTER SPRINGS. THERE THE CITY HAS A LOT OF UNDERDEVELOPED LAND IN ITS CORRIDOR. THAT GIVES IT THE OPPORTUNITY OF BEING DEVELOPED ALONG THE LINES OF SEMINOLE STRIP MALLS SHIEK, WHICH SOME PEOPLE HAVE ENVISIONED; OR BUILDING A DOWNTOWN (INAUDIBLE) CELEBRITY ONLY WITHOUT THE HIGH PRICE TAKING. AND I'M SAYING TO YOU, WE HAVE BEEN WORKING ON THIS FOR A QUITE A LONG TIME, AND WE HAVE THE SAME DEBATES EVERY TWO WEEKS. EVERY TWO WEEKS WE HAVE THE SAME DEBATE. HERE WE HAVE AN ORDINANCE THAT WAS READ FOR . . .14 . 29 1 THE FIRST TIME, WAS READ A SECOND TIME, WHICH 2 TURNED OUT TO BE THE FIRST TIME AND HAS BEEN READ 3 A THIRD TIME, WHICH IS THE SECOND READING. 4 WE HAVE A MANAGER REQUESTING THAT WE APPROVE 5 - THIS, THAT IT WILL NOT AFFECT THE NEGOTIATIONS 6 BETWEEN HIMSELF AND MR. SCRIMSHER. I TAKE 7 EXCEPTION TO THAT REMARK BY THE LEARNED ATTORNEY, 8 BECAUSE WE DO NOT PASS ORDINANCES FOR THE SAKE OF 9 PASSING AN ORDINANCE. 1 0 AND I 'THINK THE WORK THAT WE HAVE PUT INTO 1 1 THIS HERE IS A PERFECT EXAMPLE OF THE TIME AND 1 2 CARE THAT WE HAVE TAKEN TO DEAL WITH THIS ISSUE. 1 3 I'M TALKING ABOUT TWO YEARS. FOR TWO YEARS ALL YOU HEAR IS THE SAME 1 5 THING. AND I HAVE ASKED IN THE PAST THAT WE BE 1 6 GIVEN AN OPPORTUNITY TO DEVELOP THE VISION, AND 1 7 VISION BY THE CITY ADMINISTRATION, FOR THE 434 1 8 CORRIDOR. BUT THAT FALLS ON DEAF EARS. 1 9 HERE WE HAVE AN ITEM TONIGHT, THE LOCAL 20 PLANNING ZONING BOARD MAKES A MOTION THAT WE 21 RECOMMEND APPROVAL OF THIS TOWN CENTER DISTRICT 22 DESIGN CODE TO THE CITY COMMISSION, BASED ON THE 23 FINDINGS THAT OUR LOCAL GOVERNMENT SHOULD 24 ARTICULATE A VISION OF THE FUTURE, PHYSICAL 25 APPEARANCE, AND QUALITY IN THIS COMMUNITY THAT WE .. . . 30 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 HAVE RECEIVED FROM MEANINGFUL PUBLIC PARTICIPATION IN VARIOUS MEETINGS THAT WE DO NOT -- WE DO NEED TO HAVE AN IDENTIFIED TOWN CENTER. BELOW THAT WE HAVE A STAFF RECOMMENDATION. IT SAYS THAT THE STAFF RECOMMENDS THE COMMISSION APPROVE THE THIRD READING OF ORDINANCE 707 ESTABLISHING THE TOWN CENTER DISTRICT CODE AND TOWN CENTER DISTRICT BOUNDARY. AND I'M ASKING: HOW MANY TIMES OR HOW. LONG IS THIS COMMISSION GOING TO BE FOLLOWING UP ON THIS SAME PROCEDURE? THIS IS NOT THE ONLY ITEM. THERE HAVE BEEN QUITE A FEW ITEMS. AND THIS ITEM HAS COME UP AND HAS BEEN POSTPONED AND IT HAS BEEN POSTPONED AND IT HAS BEEN POSTPONED. AND I THINK THAT THE TOTAL AMOUNT, NUMBER OF POSTPONEMENTS HAS BEEN ABOUT TEN IN TWO YEARS, DEALING WITH THIS ISSUE AND MOVING IT FORWARD. AND I THINK THAT WE HAVE TO BE SUFFICIENTLY SMART TO SAY, WE HAVE AN ORDINANCE HERE THAT WE SHOULD MOVE FORWARD. WE HAVE A TOWN CENTER TO DEVELOP ACCORDING TO THE VISION OF THIS ADMINISTRATION, AND WE SHOULD DO THAT. AND WE SHOULD NOT PERMIT NEGOTIATIONS THAT HAVE TAKEN PLACE RIGHT NOW TO PREVENT THOSE FROM IMPROVING THIS HERE, SINCE THE MANAGER HAS STATED THAT HE 31 . 1 WILL WORK AND ACT IN GOOD FAITH TO MAKE SURE THESE 2 NEGOTIATION ARE SEEING THROUGH. 3 I DON'T KNOW HOW MANY ~ORE TIMES WE'RE GONIG 4 TO DO THIS, BECAUSE I KNOW, AS COMMISSIONER MILLER 5 SAID, ON NOVEMBER 8TH WE'RE GOING TO HEAR SOME 6 OTHER ARGUMENT THAT THEY HAVE NOT BEEN ABLE TO 7 COME TO A MEETING OF THE MINDS; THAT THIS HAS 8 HAPPENED, THAT THIS HASN'T HAPPENED, THAT WE HAVE 9 TO DO THIS, THAT WE DON'T HAVE TO DO THIS. AND WE 1 0 HAVE TO GET ON IT OR GET OFF IT. 1 1 MAYOR PARTYKA: IS THAT IT, COMMISSIONER? 12 \ -. r- MR. MARTINEZ: YES, SIR. . 1 3 MAYOR PARTYKA: OKAY. THANK YOU. 1 4 COMMISSIONER MCLEOD. 1 5 MR. MCLEOD: I HEARD THE ATTORNEY MENTION 1 6 THAT, REALLY, AT THIS TIME SHE'S BEEN TOLD ON THE 1 7 KINGSBURY PROPERTY THAT SHE CANNOT, UNDER THE TOWN 1 8 CENTER, THAT HER CONTRACT WITH MR. JOSHI -- THAT 1 9 SHE CANNOT MOVE FORWARD WITH ANY KIND OF 20 NEGOTIATIONS WITH THE CITY. 21 NOW, I GUESS I WOULD HAVE TO ASK MR. JOSHI 22 HERE, STRAIGHTFORWARD, IF KINGSBURY HAVE ALL 23 INTENTIONS OF SELLING THE PROPERTY TO THESE FOLKS, 24 THEN APPARENTLY THEY DO NOT PLAN TO BE WORKING . 25 WITH YOU ON DEVELOPMENT; SO, THER~FO~E; WHY WOULD . . . 32 1 WE BE STRAPPED TO CONTINUE WITH THE ~ONTRACT ON 2 THE KINGSBURY PIECE OF PROPERTY? 3 I THINK THERE'S BEEN GOOD EARNEST ~ONEY PUT 4 ON THAT PROPERTY AT THE PRESENT TIME. I'D HAVE TO 5 TURN TO THAT ATTORNEY ~ND ASK, I GUESS, ALSO, THAT 6 gYESTION. IF THE OWNERS OF THE PROPERTY HAVE HAD EARNEST MONEY PUT UP BY SOMEBODY TO WORK ON THAT 7 8 PIECE TO DEVELOP IT WITH THAT, ARE WE THEN 9 OBLIGATED TO MR. JOSHI AT THIS TIME? OR IS MR. .;, 1 0 JOSHI WILLING TO RELINQUISH THAT PIECE OF PROPERTY 1 1 FOR THE CITY TO NEGOTIATE AND TALK TO ABOUT THIS 1 2 PIECE OF PROPERTY? 1 3 MR. GARGANESE: WHAT I UNDERSTAND FROM 1 4 READING THE CONTRACT WITH JOSHI IS -- 1 5 MAYOR PARTYKA: YOU NEED TO TALK INTO THAT, 1 6 MR. GARGANESE. 1 7 MR. GARGANESE: OKAY. WHAT I UNDERSTAND FROM 1 8 READING THE CONTRACT WITH MR. JOSHI, THE CITY HAS 1 9 AGREED NOT TO NEGOTIATE WITH ANOTHER DEVELOPER FOR 20 THE KINGSBURY PROPERTY. I DON'T SEE ANYTHING IN 21 THIS CONTRACT THAT WOULD PROHIBIT THE OWNER OF 22 THAT PROPERTY FROM SELLING THEIR PROPERTY TO 23 SOMEBODY OTHER THAN MR. JOSHI. THEY COULD SELL IT 24 TO ANY THIRD PARTY THEY WISH TO SELL IT TO. 25 AGAIN, THE CITY HAS A CONTRACT WITH . . . 33 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 '---- MR. JOSHI. THAT'S WHAT IS MEANT BY MS. MURPHY'S STATEMENT THAT THE CITY IS NOT IN A POSITION AT THIS TIME TO NEGOTIATE WITH ANYONE OTHER THAN MR. JOSHI FOR THE KINGSBURY PROPERTY. MR. MCLEOD: OKAY. WOULD MR. JOSHI BE WILLING TO RELEASE THE CITY ON THE KINGSBURY PROPERTY AT THIS TIME? MR. JOSHI: NOT YET. MR. MCLEOD: OKAY. THAT ANSWERS MY QUESTION VERY QUICKLY. MR. JOSHI: THANK YOU. YES. I WOULD LIKE TO HEAR FROM MR. MCLEOD: YOU, IF I MAY. MR. SHURTZ: PAUL SHURTZ, JAMES DORRIN COMPANY, PALM BEACH, FLORIDA. I THINK I WANT THE COUNCIL TO KNOW, PART OF THE CONTEXT OF OUR CONVERSATIONS REVOLVE AROUND HOW TO WORK WITH THE CITY. WE REALIZE THAT THE CITY HAS A VISION FOR THE CITY, AND ALSO THAT THE KINGSBURY PIECE IS A VERY ESSENTIAL PIECE OF THAT VISION. IF THERE ARE MEANINGFUL CONVERSATIONS AND THERE IS A WAY TO HAVE US -- AND WE ARE CERTAINLY ABLE TO PERFORM -- START YOUR PROJECT, BUILD THE BUILDINGS OR BUILD THE TYPE OF DEVELOPMENT THAT IS . . . 34 1 G~ING TO ASSIST YOU IN THE REALITY OF IT, RATHER 2 THAN THE CONVERSA~ION OF IT, THAT WILL CERTAINLY .3 - p ~-- HELP YOU TO HAVE OTHER DEVELOP~RS AND OTHER PEOPLE 4 COME IN TO DO LIKE-KIND DEVELOPMENT. 5 IF YOU TIE OUR HANDS AND YOU PASS LEGISLATION 6 PRIOR TO US BEING ABLE TO TALK WITH YOU BECAUSE OF 7 AN AGREEMENT 'THAT HAS NOTHING TO DO WITH US, I 8 DON'T KNOW THAT THE CITY AND ITS TO ITS OWN 9 BENEFIT IS DOING ANYTHING POSITIVE. THAT'S MY 1 0 OBSERVATION. 1 1 MAYOR PARTYKA: THANK YOU VERY MUCH, 1 2 MR. SHURTZ. 1 3 MR. MCLEOD: LET ME ASK THE CITY ATTORNEY 1 4 THIS: WHAT IS THE DIFFERENCE BETWEEN -- WAS THE 1 5 SCHRIMSHERS' PROPERTY NOT IN THAT AGREEMENT? 1 6 MR. GARGANESE: YES. 1 7 MR. MCLEMORE: (INAUDIBLE) CAN ANSWER THAT. 1 8 MR. GARGANESE: FROM WHAT I CAN SEE, THE TWO 1 9 PROPERTIES THAT ARE PART OF THE AGREEMENT ARE THE 20 BLUMBERG PROPERTY AND THE'KINGSBURY PROPERTY, 21 PURSUANT TO EXHIBIT A OF THE JOSHI AGREEMENT. 22 MR. MCLEMORE: INITIALLY, IT WAS IN THE 23 AGREEMENT. THE INITIAL AGREEMENT WE HAD WITH 24 MR. JOSHI, THE SCRIMS HER PROPERTY WAS IN THERE. 25 MR. MCLEOD: SINCE THEY FELL OUT IN THEIR . . . 35 1 CONTRACT, THIS IS A NEW CONTRACT. 2 MR. MCLEMORE: RIGHT; WHEN WE AMENDED THIS 3 AGREEMENT WITH MR. JOSHI, WE TOOK THOSE SCRIMSHER 4 PROPERTIES OUT, AND SO NOW THE CURRENT AGREEMENT 5 - HAS ONLY THE SCHRIMSHER AND BLUMBERG PROPERTY IN 6 IT. 7 MR. MCLEOD: WASN'T THAT THE SAME EVENING 8 THAT WE FOUND OUT THAT MR. KINGSBURY NO LONGER HAD 9 A CONTRACT WITH MR. JOSHI THE NIGHT THAT THIS WAS 10. APPROVED? 1 1 MR. MCLEMORE: WELL, I THINK THE PROPER THING 1 2 TO SAY HERE IS THAT IT IS IN DISPUTE. THE PARTIES 1 3 TO WHAT AGREE -- I MEAN, AT WHAT POINT THEY ARE 1 4 CORRECT, I DON'T KNOW. BUT I THINK MR. JOSHI, AT 1 5 LEAST, HAS PUT ON THE RECORD THAT HE STILL CLAIMS 1 6 TO HAVE SOME INTEREST IN THAT PROPERTY AND HE 1 7 INTENDS TO PURSUE THAT. 1 8 AND THEN YOU HAVE THE DORRIN PEOPLE SAYING, 1 9 NO, WE HAVE THE PROPERTY AND THE CONTRACT AND WE 20 HAVE THE SOLE INTEREST IN IT. SO THERE'S A 21 CONFLICT GOING ON OUT THERE I THINK WE OUGHT TO 22 STAY OUT OF AND LET THAT FOLLOW ITS OWN ROUTES, 23 AND THEN DECEMBER 1 ROLLS AROUND HERE, THE 24 COMMISSION MAKES ITS DECISION. 25 MR. MCLEOD: WELL, OKAY. MY NEXT POINT WOULD .. . . 36 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 BE -- IS THAT AT THE PRESENT TIME I KNOW WE HAVE A CONTRACT WITH MR. J~SHI, BUT IS THERE ANYTHING COMING FORWARD WITH MR. JOSHI REGARDING WHERE HE PRESENTLY IS IN HIS PROCESS? IS THERE ACTUALLY ACTIVITY THAT YOU SEE HAPPENING, MR. CITY MANAGER, THAT'S A POSITIVE ACTIVITY AT THIS POINT? MR. MCLEMORE: WELL, I KNOW WHAT'S BEEN REPORTED TO ME.BYMR. JOSHI. I WAS INVOLVED IN A DISCUSSION WITH MR. JOSHI AND A MAJOR TENANT RECENTLY WHO HAS AN INTEREST IN THIS PROPERTY. WE DO NOT HAVE ANYTHING IN WRITING. WE DON'T HAVE A PLAN IN FRONT OF US AT THIS POINT IN TIME, BUT I THINK THE ONLY PERSON THAT. CAN REALLY ANSWER THAT WOULD BE MR. JOSHI. MR. MCLEOD: OKAY. I WOULD THEN TAKE IT THAT MR. JOSHI DOES HAVE A CONTRACT AT THE PRESENT TIME ON THE OTHER PIECE OF PROPERTY, THE BLUMBERG? MR. MCLEMORE: I DO NOT FACTUALLY KNOW THE ANSWER TO THAT. MR. MCLEOD: I KNOW MR. JOSHI IS HERE. WOULD YOU LIKE TO COMMENT ON ANY OF THAT? MR. JOSHI: NOT RIGHT NOW. MR. MCLEOD: THANK YOU, MAYOR. MR. SHURTZ: WE WOULD LIKE TO COMMENT. MAYOR PARTYKA: HOLD ON FOR ONE SECOND. WE ~ . . 37 1 HAVE ONE MORE COMMISSIONER. COMMISSIONER GENNELL. 2 DEPUTY MAYOR GENNELL: YES. AS HAS BEEN 3 POINTED OUT~ WE HAVE BEEN H~RE GOING OVER THIS 4 CONSTANTLY, AND WE HAVE MADE SOME PROGRESS AND 5 THAT'S VERY GRATIFYING. MY CONCERN IS THAT, FOR 6 ONE THING, THE TOWN CENTER DEVELOPMENT CODE IS 7 SOMETHING THAT WAS GENERATED-IN MEETINGS WITH THE 8 PUBLIC AS TO WHAT THEY WANT THEIR DOWNTOWN TO 9 APPEAR LIKE. 1 0 IT HAS A PROVISION IN IT FOR A DEVELOPERS 1 1 AGREEMENT WITH ANY DEVELOPER THAT COMES IN AND ~ 1 2 MEETS AND COMES TO AGREEMENT WITH THIS CITY ON THE 1 3 PROCESS AND WHAT HE'S GOING TO BUILD. THE 1 4 DEVELOPERS AGREEMENT IS A PIECE OF THE WHOLE TOWN 1 5 CENTER WHICH WE HAVE BEEN WORKING ON. 1 6 AND I FIND IT VERY FRUSTRATING THAT EACH TIME 1 7 WE COME IN IT'S, WELL, WE'RE NOT THERE YET. AND 1 8 NOW WE HAVE POTENTIALLY ANOTHER DEVELOPER COMING 1 9 IN WHO WILL ASSERT RIGHTS, WELL, YOU CAN'T GO 20 FORWARD WITH THIS TOWN CENTER BECAUSE WE DIDN'T 21 HAVE AMPLE OPPORTUNITY. WHEN THEY'RE DONE, WE 22 WILL HAVE ANOTHER ONE. 23 THE TOWN CENTER MAY NEVER, EVER COME TO BE 24 UNLESS WE GO FORWARD WITH, NUMBER ONE, WHAT THE 25 CITIZENS WANT US TO DO, LAY OUT .THE TOWN CENTER 38 . 1 2 3 4, 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 DESIGN GUIDELINES; AND THEN, NUMBER JWO, THREE, FOUR, FIVE, AND SIX, EACH AND EVERY ONE OF THE DEVELOPERS AGREEMENT AS THEY COME ON LINE. THANK YOU. MAYOR PARTYKA: OKAY. AS A PART OF THIS WHOLE SITUATION AS A DEVELOPER, OWNER, ET CETERA, WHY DON'T YOU COME UP AND ADD SOME MORE INFORMATION TO THIS IF YOU CAN. MR. SCHRIMSHER: I JUST WOULD LIKE TO ANSWER A COUPLE THINGS THAT HAVE BEEN SAID. JUST A REMINDER, IT WAS ORIGINALLY WHEN yOU START THROWING AROUND THINGS LIKE A TWO-YEAR TIME FRAME, WE DO GO BACK TO THE SUMMER OF '97. YOU SEE IN THE RECORD THERE WAS -- THE CITY AGREED WITH US THAT WE WOULD BE LEFT OUT OF THE TOWN CENTER UNTIL AN AGREEMENT WAS REACHED. P&Z AGREED WITH US ABOUT WHATEVER THAT WAS A YEAR OR SO AGO, WHENEVER THEY REVIEWED THAT WITH US. I'M NOT SURE WE'RE REALLY EVEN TALKING ABOUT A DEVELOPMENT AGREEMENT ANYMORE. EVERYONE SEEMS TO TAKE GREAT OFFENSE AT REFERRING TO IT AS A DEVELOPERS AGREEMENT, OR REFERRING TO US AS DEVELOPERS UNLESS IT SUITS THE OCCASION, SO THAT IT CAN BE USED AS A NEGATIVE LABEL. BUT ANYWAY, JUST TO POINT OUT, IN THE SAME . . . . . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 39 FASHION THAT THE CITY'S HANDS ARE TIED BECAUSE OF THIS ILL-ADVISED DNA AGREEMENT WITH MR. JOSHI TO WORK WITH THE JAMES DORRIN COMPANY IN THE SAME FASHION, WE WERE INCLUDED UNDER THE ORIGINAL E&A FOR THE ORIGINAL THREE MONTHS. AND MEETINGS THAT '---- WE HAD SCHEDULED WITH CITY STAFF WERE CANCELED BECAUSE OF THAT. WE WERE NOT EVER ADVISED WHETHER OR NOT THE THREE, 30-DAY EXTENSIONS WERE ENTERED INTO UNTIL PRACTICALLY -- IN OTHER WORDS, AS FAR AS WE KNEW, THE ORIGINAL 90-DAY AGREEMENT BECAME THE 180-DAY AGREEMENT UNTIL IT WAS INFORMED IN SEPTEMBER WHEN WE WERE DECIDING TO GIVE MR. JOSHI AN EXTENSION TO DECEMBER 1. IT'S REALLY OFFENSIVE TO HEAR YOU STATE SOME THINGS SO INACCURATELY. THE SUM TOTAL OF MEETINGS THAT I HAVE HAD WITH MR. MCLEMORE AND HIS STAFF OVER THE LAST YEAR, OTHER THAN THE TWO I HAVE HAD IN THE LAST TWO WEEKS, IS ZERO. SO IT'S FALSE TO SAY WE KEEP COMING UP HERE OVER AND OVER AGAIN AND WE DON'T MAKE ANY PROGRESS AND WE KEEP HEARING THE SAME THING. YOU'RE NOT HEARING THAT. THERE WAS VERY LITTLE SAID BY US SINCE MID-MARCH WHEN YOU CHOSE TO ENTER INTO THIS AGREEMENT WITH MR. JOSHI. '. '. . 40 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 18 , 9 20 21 22 23 24 25 SO, I MEAN, I'M TRYING TO SPEAK,CAREFULLY, ACCURATELY. I WISH YOU-ALL WOULD PLEASE TRY TO DO THE SAME. WE HAVE-REALLX NOT WORN EVERYONE OtiT WITH TWO YEARS OF MEETINGS. WE HAVE HAD VIRTUALLY NONE UNTIL THE LAST TWO WEEKS, YOU KNOW. AND I HAVE POINTED OUT A LOT OF THINGS IN RECENT LETTERS I HAVE WRITTEN TO EACH OF YOU ABOUT THE FACTS DOCUMENTED IN WRITING CONCERNING SOME OF THE THINGS THAT ARE BEING DISCUSSED HERE TONIGHT. AND ONE OF 'THE SUGGESTIONS I MADE TO YOU WAS, IF YOU WOULD LIKE TO KNOW THE STATUS OF THE CONTRACT OR AGREEMENT ON THE BLUMBERG PROPERTY, YOU SHOULD ASK THEM. THEY WERE HERE EARLIER. YOU-ALL KNOW THEIR NUMBER AND THEIR NAME, YOU COULD CALL THEM IF YOU WOULD LIKE TO KNOW THE STATUS. IT'S NO MYSTERY. MR. MILLER: MICHAEL, I WOULD JUST LIKE TO POINT OUT THAT I HAVE SAT HERE AND YOU AND ALL OF US HERE HAVE DISCUSSED POINT-BY-POINT-BY-POINT A LOT OF THIS LEGISLATION AT LEAST EIGHT OR TEN TIMES NOW. I DON'T KNOW WHICH MEETINGS YOU'RE REFERRING TO; MAYBE ONE-ON-ONE WITH THE CITY MANAGER. WE HAVE GIVEN YOU A LOT OF TIME, SO I FEEL A LITTLE BIT PUT OUT WHEN YOU TELL ME THAT YOU'VE ONLY HAD . . . 41 1 TWO MEETINGS, BECAUSE WE'VE SAT HERE AND I THOUGHT 2 WE HAD ARGUED OUT AN AWFUL LOT OF DETAIL THAT 3 MR. SCHRIMSHER: I TijINK I SPOKE REALLY 4 CLEARLY THAT I HAVE ONLY MET WITH THE CITY MANAGER 5 AND STAFF -- AND I'LL ANSWER WHAT YOU SAID 6 TWICE lN THE LAST TWO WEEKS AND, PRIOR TO THAT, 7 FOUR MONTHS PROBABLY FOR A YEAR ZERO. 8 AND DISCUSSION ABOUT THE TOWN CENTER 9 MR. MILLER: WE HAVE SPENT A LOT OF TIME ON 10 THIS, THOUGH, WITH STAFF. 1 1 MR. SCHRIMSHER: I THINK WE CAN GO BACK AND 1 2 REVIEW THESE -- 1 3 MAYOR PARTYKA: COMMISSIONER. 1 4 MR. SCHRIMSHER: AND SEE EXACTLY HOW MANY 1 5 TIMES I HAVE SPOKEN AND HOW MUCH TIME I'VE SPENT 1 6 SPEAKING. WE DID SPEND A GOOD BIT OF TIME WORKING 1 7 ON THE ORDINANCE ITSELF WITH VICTOR DOVER AND 1 8 CHARLES CARRINGTON, AND THOSE WERE VERY PRODUCTIVE 1 9 AND RESULTED IN SOME CHANGES WE ALL AGREED WERE AN 20 IMPROVEMENT TO THE ORDINANCE. MR. DOVER AGREED, 21 MR. CARRINGTON AGREED, WE AGREED, AND THAT 22 RESULTED IN SOME AMENDMENTS. 23 MR. MILLER: THANK YOU FOR ACKNOWLEDGING 24 THAT. 25 MR. SCHRIMSHER: THAT DOES NOT CONTRADICT -. . . 42 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 ANYTHING I SAID JUST A FEW MINUTES AGO, WHICH WAS THE TIME SPENT IN MEETINGS ON THE COMPANION AGREEMENT, NOT TIME SPENT WITH MR. CARRINGTON AND VICTOR DOVER ON THE ORDINANCE ITSELF. MAYOR PARTYKA: MR. SHURTZ. MR. SHURTZ: THANK YOU AGAIN. TO TRY TO CLARIFY AND CRYSTALLIZE SOME OF THE ISSUES, IN TERMS OF THE CONTRACT THAT WE HAVE ON THE KINGSBURY PIECE, WE WILL BE FORMALLY RECORDING THAT IN THE PUBLIC RECORDS THIS WEEK, SO THAT THAT ISSUE KIND OF GOES AWAY. ALSO, I GET THE SENSE THAT I HEAR THE FRUSTRATION OF THE COUNCIL. MR. BLAKE: CAN I INTERRUPT YOU ON THAT ONE? YOU SAY THE CONVEYANCE OF THE KINGSBURY PROPERTY? MR. SHURTZ: EXCUSE ME? MR. BLAKE: THE CONVEYANCE OF THE KINGSBURY PROPERTY? MR. SHURTZ: THE CONTRACT WILL BE RECORDED. THE PURCHASE AND SALE CONTRACT FOR THE KINGSBURY PROPERTY WILL BE RECORDED IN THE PUBLIC RECORDS. MR. BLAKE: THIS WEEK. DO YOU KNOW WHAT DATE? MR. SHURTZ: MY ATTORNEYS WILL BE RECORDING THEM. 4 . . 43 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MR. BLAKE: I WOULD CONSIDER THAT TO BE AN IMPORTANT DEVELOPMENT. MR. SHURTZ: OKAY. THEN THAT'S WHY WE'RE DOING IT. MR. BLAKE: DO YOU KNOW WHEN? MR. SHURTZ: THEY HAVE BEEN INSTRUCTED TO DO IT ,AND WE'LL DO IT ASEXPEDI~IOUSLY AS POSSIBLE. IT'S THE CONTRACT. MAYOR PARTYKA: IT'S JUST A CONTRACT, JUST AN INTENT TO BUY. MR. BLAKE: THANK YOU. MR. SHURTZ: SO THAT'S ;NUMBER ONE. NUMBER TWO, WE ARE SITTING HERE, WE ARE COMING AT THE TAIL END OF A RATHER CONTENTIOUS SITUATION. FOR WHAT IT'S WORTH, I DON'T KNOW THE AGREEMENTS THAT YOU'VE ENTERED INTO WITH OTHER PEOPLE AND THE INABILITY TO REALIZE THE ZONING AND THE PLAN THAT YOU HAVE FOR THE CITY. IN A WAY, WE SEEM TO BE TAKING SOME OF THE BRUNT OF THAT. I DON'T KNOW WHY. WE ARE A COMPANY THAT DID A HUNDRED MILLION DOLLARS WORTH OF NEW DEVELOPMENT LAST YEAR. SO IF YOU WANT TO SEE SOMETHING COME UP, MAYBE YOU OUGHT! TO SIT DOWN AND WORK WITH US. WE CAN QUANTIFY EVERY DEAL OF THAT HUNDRED MILLION DOLLARS OF NEW 44 . 1 2 3 4. 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 STARTS IN 1998. I DON'T WANT TO BE THE WHIPPING BOY FOR WHAT ELSE HAS GONE ON PRIOR TO THIS. MR. MARTINEZ: YOU WILL NOT BE. MAYOR PARTYKA: PLEASE, PLEASE. MR. MCLEOD: YOU WILL GET A BRAND NEW ROPE. MAYOR PARTYKA: OKAY. PLEASE, LET'S USE A LITTLE DECORUM HERE, PLEASE. MR. GRINDSTAFF: THIS WILL BE VERY BRIEF. JUST A COMMENT, ONE RESPONSE TO MR. MARTINEZ' REMARKS REGARDING THE P&Z RECOMMENDATION. HE WAS READING A PORTION OF THE P&Z RECOMMENDATIONS, NOT THE WHOLE THING, WHERE THEY WENT ON TO SAY THAT THEY RECOMMEND THAT THE TOWN CENTER CODE EXCLUDE THE SCRIMSHER PROPERTY; EXCLUDE, NOT INCLUDE. MAYOR PARTYKA: OKAY. COMMISSIONER MARTINEZ, YOU HAVE SOMETHING TO SAY? MR. MARTINEZ: WELL, EVERYBODY HERE HAS KNOWLEDGE THAT THE PROPERTY HAS BEEN EXCLUDED, SO I DIDN'T THINK I HAD TO READ IT OVER AGAIN. I WOULD LIKE TO SAY THAT, TO THE CITY MANAGER, SOME TIME AGO WE REQUESTED MR. JOSHI TO APPEAR BEFORE US, AND MR. JOSHI, I THINK, MADE A COMMITMENT HE WOULD HAVE SOME GROUNDBREAKING BY DECEMBER 1ST ON WHATEVER PROPERTY HE ACQUIRES TO . . 45 . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 DEVELOP. IS THAT STILL A POSSIBILITY? MR. MCLEMORE: WELL, GROUNDBREAKING IS NOT POSSIBLE BY DECEMBER. I THINK, AS I RECALL, DISCUSSION WAS HOPEFULLY TRYING TO SHOOT FOR SOMETHING AFTER THE FIRST OF THE YEAR. I THINK HE DID TALK ABOUT, THOUGH, BRINGING HIS OWN SALES TRAILER AND ESTABLISHING HIS SALES FACILITY HOPEFULLY ON THE PROPERTY BEFORE THE END OF THE YEAR. MR. MARTINEZ: THANK YOU. MR. MCLEMORE: I MEAN, THE AGREEMENT LAYS OUT WHAT IS NECESSARY FOR HIM TO DO, AND HE EITHER DOES IT OR HE DOESN'T DO IT. IT'S PRETTY SIMPLE. MAYOR PARTYKA: OKAY. COMMISSIONER MCLEOD. MR. MCLEOD: REAL QUICK FOR THE RECORD HERE, THIS COMMISSION HAS ASKED SEVERAL TIMES FOR THE CITY MANAGER AND MR. SCRIMSHER AND HIS ATTORNEY TO GET TOGETHER AND HAMMER THIS OUT. NOW WE'RE BEING BASICALLY TOLD HERE BY MR. SCRIMSHER THAT THE ONLY MEETING THAT'S HAPPENED IS TWO MEETINGS IN THE LAST TWO WEEKS. IS THAT SO? I THOUGHT YOU HAD OTHER MEETINGS OVER THE LAST YEAR WITH THEIR ATTORNEY OR THEMSELVES. MR. MCLEMORE: WE HAVE HAD OTHER MEETINGS. AND I'LL JUST HAVE TO GO BACK AND ISOLATE THEM; . . . . . 46 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 A~D NUMEROUS, NUMEROUS TELEPHONE DISCUSSIONS. I THINK THAT RELATIVE TO THIS PARTICULAR AGREEMENT, IF YOU ~iILL- RECALL,- WE HAD SOME VERY LENGTHY DISCUSSIONS WITH THIS COMMISSION OVER THE ADVISABILITY OF GOING AHEAD WITH SOME TYPE OF DEVELOPMENT AGREEMENT. AND I HAD VERY STRONG OPINIONS ABOUT NOT GETTING INTO A DEVELOPMENT AGREEMENT, AND I THINK -- MR. MCLEOD: WELL, THE DEVELOPMENT AGREEMENT WE ALL AGREED "NOT...," MR. MCLEMORE: RIGHT. AND THEN WE THEN MOVED TO THIS NEXT PHASE OF DEVELOPMENT. AND SINCE THAT LAST DIRECTION WITH YOUR NEW ATTORNEY ON BOARD, WHICH I REALLY DIDN'T HAVE ANYBODY TO WORK WITH FOR A PERIOD OF TIME HERE, I THINK WE PUT TOGETHER A COUNTERPROPOSAL TO THEIR AGREEMENT RELATIVELY QUICKLY AFTER ANTHONY CAME ON, WHICH ALLOWED US TO GET TO THOSE TWO MEETINGS VERY QUICKLY. MR. GRINDSTAFF: WE AGREE. MR. MCLEMORE: SO I THINK THAT WE HAVE GOOD FAITH IN EVERYTHING THE COMMISSION HAS DECIDED, AND THAT'S BEEN KIND .OF AN EVOLUTIONARY PROCESS AS WE'VE TRAVELED THROUGH THIS. MR. MCLEOD: I JUST WANT TO MAKE SURE THAT THERE HAS BEEN MORE THAN TWO MEETINGS WITH STAFF . . . 47 1 AND YOURSELF WITH THE SCHRIMSHERS OVER THE 2 ORDINANCE, OVER THE LAST YEAR. 3 , - MR. MCLEMORE: OH, ABSOLUTELY. 4 MR. MCLEOD: THANK YOU. 5 - MAYOR PARTYKA: COMMISSIONER GENNELL. 6 DEPUTY MAYOR GENNELL: YES, MR. MAYOR. DID 7 YOU CLOSE THE PUBLIC INPUT? 8 MAYOR PARTYKA: WE HAD CLOSED THE PUBLIC 9 INPUT, BUT THEY'RE HERE AS PART OF THE CONCERNED 10, PARTIES, AND THIS WAS IN THE MIDST OF COMMISSION 11 DISCUSSION. 1 2 DEPUTY MAYOR GENNELL: OKAY. IF ALL THE 1 3 COMMISSIONERS HAVE SPOKEN, I'M PREPARED TO MAKE A 1 4 MOTION. 1 5 MAYOR PARTYKA: I WOULD LIKE TO MAKE ONE 1 6 COMMENT BEFORE YOU DO THAT. 1 7 DEPUTY MAYOR GENNELL: OKAY. 1 8 MAYOR PARTYKA: OKAY. I WANT TO SAY THIS: 1 9 WE ALL ARE DREAMING OF A SUCCESSFUL TOWN CENTER; 20 EVERY ONE OF US IN THIS ROOM. WE HAVE WORKED HARD 21 ON THIS. EVERYBODY WANTS -- I SAID THIS TWO YEARS 22 AGO; EVERYBODY SHOULD BE IN A WIN-WIN SITUATION. 23 WE HAVE TALKED. THIS IS A PROJECT THAT 24 LITERALLY, POTENTIALLY, WOULD BE HUNDREDS OF 25 MILLIONS OF DOLLARS. THIS IS NOT A SALE OF A HOME ,~. ~. . 48 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 OR A SALE OF A BUILDING THAT LITERALLY CAN TAKE ONE OR TWO YEARS, ONE WITH SMALL DETAILS. FOR US TO ALLOW ANOTHER TWO WEEKS OR ANOTHER FOUR WEEKS OF DISCUSSION IS TRULY IN THE BEST INTEREST OF THE CITIZENS OF THIS CITY, BECAUSE IF WE DON'T DO THAT, WE RUN THE RISK OF LITIGATION. AND I, FOR ONE, DO NOT WANT TO GET INVOLVED IN MORE LITIGATION. SO FOR THE SAKE OF GOING ON AND TALKING JUST A LITTLE BIT MORE, BECAUSE AS MR. SCRIMSHER AND AS MR. MCLEMORE SAID, WE HAVE COME A LONG WAY IN THE PAST COUPLE WEEKS. AND IF WE COULD KEEP THAT UP, IT MAY GET TO A POINT WHERE WE COULD LIVE WITH SOMETHING. AND THIS IS A VERY, VERY IMPORTANT ISSUE FOR THIS CITY. AND TO ALLOW ANOTHER FEW WEEKS IS NOT GOING TO HURT THE LONG-TERM SUCCESS OF THIS PROJECT. IN FACT, IT MAY EVEN ENHANCE THE SUCCESS OF THIS PROJECT. SO I URGE AGAIN ONLY ONE SIMPLE THING WHEN IT COMES TO A VOTE, THAT WE ALLOW THE PEOPLE INVOLVED TO SPEAK AND MEET AND TALK SOME MORE ABOUT THIS SO WE CAN GET ON WITH THE SHOW. COMMISSIONER GENNELL, YOU HAVE THE FLOOR. MR. MCLEOD: WAS THAT A MOTION, MAYOR? . . . 49 1 MAYOR PARTYKA: NO, NO. THAT WAS JUST MY TWO 2 COMMENTS. 3 DEPUTY MAYOR GENNELL: THANK YOU, MR. MAYOR. 4 KEEPING IN MIND THAT THIS TOWN CENTER DISTRICT 5 CODE IS DESIGNED TO BE A LIVING DOCUMENT, IT'S 6 DESIGNED TO ACCOMMODATE CHANGE IF CHANGE IS 7 NECESSARY; AND KEEPING IN MINn THE LONG TIME THAT 8 WE'VE WORKED ON IT AND HOW CLOSE WE ARE AND THE 9 FACT THAT EVERYONE IS BARGAINING IN GOOD FAITH 1 0 I HAVE EVERY CONFIDENCE THAT I CAN SAY THAT ON 1 1 BOTH SIDES -- I AM PREPARED TO MOVE THAT WE 1 2 ~ 0 APPROVE ORDINANCE 707 AND MOVE US ON TO THE NEXT 1 3 STEP. 1 4 MAYOR PARTYKA: OKAY. IS THERE A SECOND TO 1 5 THAT MOTION? 1 6 MR. MILLER: SECOND. 1 7 MAYOR PARTYKA: OKAY. BEFORE -- DO WE HAVE 1 8 TO READ THIS BY TITLE ONLY? 1 9 MR. GARGANESE: YES. 20 MAYOR PARTYKA: LET'S READ THIS BY TITLE 21 ONLY. 22 MR. GARGANESE: AN ORDINANCE OF THE CITY 23 COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, 24 ESTABLISHING TOWN CENTER ZONING DISTRICT CODE TO 25 BECOME PART OF CHAPTER 20 OF THE CODE OF . . . 50 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 ORDINANCES OF THE CITY OF WINTER SPRINGS, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. MAYOR. MAYOR PARTYKA: THANK YOU. OKAY. THERE IS A MOTION ON THE FLOOR BY COMMISSIONER GENNELL TO APPROVE THIS ORDINANCE. OKAY. IS THERE A SECOND? MR. MARTINEZ: THERE WAS A SECOND BY COMMISSIONER MILLER. MAYOR PARTYKA: SECOND BY COMMISSIONER MILLER. OKAY; DISCUSSION. COMMISSIONER MCLEOD. MR. MCLEOD: COMMISSIONERS, I HAVE TO TELL YOU I DO NOT BELIEVE IT WOULD BE A GOOD MOVE AT THIS TIME TO MOVE THIS FORWARD. I THINK IT'S HASTE -- THAT IT WILL BE A LITTLE BIT HASTY WHEN WE ARE TALKING ABOUT A TWO-WEEK PERIOD, POSSIBLY ANOTHER FOUR WEEKS TO SEE SOMETHING HAPPEN THAT COULD BE VERY POSITIVE. IF WE MOVE THIS FORWARD YOU'RE GOING TO TIE THIS WHOLE TOWN CENTER UP IN LITIGATION THAT I THINK WILL BECOME VERY COSTLY AND VERY TIMELY. AND FOUR WEEKS FROM NOW DEFINITELY WILL NOT BE ANY FURTHER THAN YOU ARE TODAY. AND I THINK YOU NEED TO REALLY RETHINK AND RECONSIDER THE MOTION THAT WAS JUST MADE. THANK YOU. . . . 51 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MAYOR PARTYKA,: THANK YOU, COMMISSIONER. COMMISSIONER BLAKE. MR. BLAKE: THANK YOU, MAYOR. LIKEWISE, PLEASE UNDERSTAND THAT A YES VOTE TO THIS MOTION, FOR ALL INTENTS AND PURPOSES, WILL KILL THE TOWN CENTER. UNDERSTAND THAT. MAKE NP MISTAKE ABOUT IT. A YES VOTE TO THIS MOTION WILL KILL THE TOWN CENTER. THREE YEARS, FOUR YEARS OF WORK, ALL THE NEGOTIATIONS THAT HAVE TAKEN PLACE. . IT TAKES TIME. IT DOESN'T HAPPEN OVERNIGHT. TWO WEEKS AND YOU'RE GOING TO KILL IT. WHEN YOU VOTE, I THINK YOU REALLY NEED TO CONSIDER -- REALLY NEED TO CONSIDER THE IMPACT THAT THAT VOTE WILL HAVE ON 434, THE INTERSECTION OF TUSCAWILLA ROAD. IT'S NOT A TOWN CENTER ANYMORE. THEN IT WILL BE THE INTERSECTION OF TUSCAWILLA ROAD AND 434. WE CAN SHOW YOU PICTURES OF WHAT THAT WILL LOOK LIKE IN THE FUTURE OF WINTER SPRINGS. YOU CAN DO IT NOW OR YOU CAN WAIT TWO WEEKS AND DO IT THEN. I HOPE YOU THINK VERY CAREFULLY ABOUT IT. MAYOR PARTYKA: THANK YOU, COMMISSIONER. COMMISSIONER MARTINEZ. MR. MARTINEZ: I'M SORRY. CITY MANAGER, YOU WANT TO SAY SOMETHING? . . . 52 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MR. MCLEMORE: I WOULD RATHER WAIT BEFORE YOU. . . MAYOR PARTYKA~" COMMISSIONER MARTI.NEZ. MR. MARTINEZ: I WOULD RATHER HEAR FROM THE MANAGER BEFORE I SPEAK. MAYOR PARTYKA: DO YOU WANT TO WAIT STILL? MR. MCLEMORE: NO. I'LL GO AHEAD. MY EMOTIONS NOW ARE RUNNING ALL KINDS OF DIRECTIONS ABOUT THIS. WE HAVE DEALT WITH IT SO LONG. I REALLY APPRECIATE YOUR FRUSTRATION WITH IT. I NEED TO BE CAREFUL TO POINT OUT WHAT I SAID EARLIER, BECAUSE I THINK IT WAS REPORTED DIFFERENTLY. I SAID MY PREFERENCE WOULD BE TO MOVE AHEAD TONIGHT WITH THE SCRIMSHER PARTIES AGREEING TO THAT, TO ADOPT THE ORDINANCE; BUT THAT WAS WITH EVERYBODY AGREEING. WHAT YOU HEARD IS THEY'RE NOT IN AGREEMENT WITH THAT. MY SECOND CHOICE, NOT BEING ABLE TO GET THE PARTIES TO AGREE, WAS TO GET A FIRM DATE THAT WE WOULD NOT GO PAST HAVING THE COMMISSION DECIDE THE ISSUE AT THE NEXT MEETING ON ANY ISSUES THAT WERE OUTSTANDING. IF THERE IS A CHANCE OF US GETTING TO THAT POINT IN TWO WEEKS, I THINK I HAVE TO ADVISE YOU NOT TO TAKE THIS ACTION TONIGHT. BECAUSE I KNOW If .' .1' . r . 53 1 IT'S GOING TO TIE US UP FOR SOME TIME AND -- BUT 2 AT THE SAME TIME, I SUPPORT YOUR SINCERE DESIRE TO , 3 - MOVE AHEAD WITH THIS, BUT I DON'T THINK IT WILL 4 RESULT IN US MOVING AHEAD, AND MAYBE TWO MORE 5 WEEKS IS WORTH THE EFFORT. I WILL ASSUME 6 RESPONSIBILITY 10R WHAT NEEDS TO BE ASSUMED FOR 7 THINGS NOT MOVING ANY QUICKER. 8 BUT NEGOTlATIONS ARE INFORMATION INTENSIVE. 9 AND AS YOU NEGOTIATE, YOU FIND OUT YOU NEED MORE 10. INFORMATION ABOUT THIS AND MORE INFORMATION ABOUT 1 1 THAT. AND IT JUST TAKES TIME WHEN YOU'RE REALLY 1 2 DIGGING IN, AND WE'VE REALLY BEEN DIGGING IN THE 1 3 LAST FEW WEEKS. 1 4 DISCUSSION ISSUES ABOUT WHERE DOES THE 1 5 WETLAND LINE FALL? WHAT IS THE CONTRIBUTION OF 1 6 WATER AND SEWER? WHAT'S IT WORTH TO GET SOME 1 7 ROAD? ALL THOSE KIND OF THINGS THAT ARE JUST 1 8 TREMENDOUS INFORMATION INTENSIVE WHEN YOU'RE 1 9 REALLY NEGOTIATING. 20 AND THE LACK OF ABILITY TO SIT DOWN EVERY DAY 21 AND NEGOTIATE IS NOT BECAUSE YOU DON'T WANT TO 22 NEGOTIATE AND GET THERE. IT'S BECAUSE YOU 23 DETERMINE AT EACH NEGOTIATION ANOTHER BODY OF 24 INFORMATION YOU NEED TO TRY TO RESOLVE THOSE 25 ISSUES. ,-. . . 54 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 SO I APPRECIATE YOUR FRUSTRATION. I KNOW YOUR SINCERITY ON THIS. IT MAY BE BETTER IF WE WAIT TWO WEEKS AND PUT THE BURDEN ON US TO TRY TO GET THERE AND BRING THIS THING BACK TO YOU AT YOUR NEXT MEETING, RATHER THAN TO BE TIED UP FOR THE NEXT SIX TO EIGHT MONTHS IN LITIGATION. AND I'M NOT TELLING YOU WE WON'T BE IN LITIGATION ANYHOW. I'M JUST TELLING YOU WE MAY BE ABLE TO GET THERE IN THE NEXT TWO WEEKS AND AVOID THAT. SO SAYING THAT, AND I SAY IT WITH ALL SINCERITY AND FROM THE BOTTOM OF MY HEART THAT I KNOW HOW YOU FEEL ABOUT GETTING AHEAD, BUT IT'S PROBABLY THE PRUDENT THING TO DO. MAYOR PARTYKA: OKAY. COMMISSIONER -- THANK YOU. COMMISSIONER MARTINEZ. MR. MILLER: IT HAS TO DO WITH THE ENTIRE DISCUSSION? MAYOR PARTYKA: NO, NO, NO. COMMISSIONER MARTINEZ HAS THE FLOOR, THEN COMMISSIONER BLAKE, THEN COMMISSIONER MILLER. MR. MARTINEZ: I WOULD YIELD, BUT MINE IS VERY SHORT. BASED ON WHAT THE MANAGER SAID AND THE STATEMENT BY THE MAYOR PRIOR TO THIS HERE, CAN; WE HAVE SOME ASSURANCE -- . . . 55 1 2 3 4 5 6 7 MAYOR PARTYKA: OKAY. LISTEN. MR. MARTINEZ: -- CAN WE HAVE ASSURANCES AT THIS TIME THAT THIS WILL BE 'VOTED ON IN TWO WEEKS AND THERE WILL BE NO FURTHER POSTPONEMENTS OR ADJOURNMENTS OR WHATEVER YOU WANT TO CALL IT? CAN WE DECIDE ON THAT TONIGHT? MAYOR PARTYKA: YOU CAN~T DO THAT. THE 8' MOTION IS CLEAR. 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MR. MARTINEZ: EXCUSE ME: MAYOR PARTYKA: THE MOTION IS CLEAR. YOU HAVE TO VOTE ON THE MOTION FIRST. YOU'RE TALKING \ '. ,.-- TO ANOTHER ENTIRE MATTER. MR. MARTINEZ: WELL, I NEED AN EXPLANATION BEFORE I CAN VOTE ON THE MOTION. MAYOR PARTYKA: THE MOTION IS THE MOTION. MR. MARTINEZ: AND I'M ASKING: CAN WE HAVE -- AND IT WILL LEND TO MY DECISION IF I CAN GET AN ANSWER AS TO WHETHER WE CAN HAVE A DEFINITE DECISION ON THIS COME TWO WEEKS. MAYOR PARTYKA: MR. GARGANESE. MR. GARGANESE: YES, SIR. MAYOR PARTYKA: OKAY. IS WHAT COMMISSIONER MARTINEZ -- PROPER AT THIS POINT IN TIME? MR. GARGANESE: IN TERMS OF THE DISCUSSION ON' THE MOTION? 56 . 1 2 3 4' 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MAYOR PARTYKA: YES. MR. GARGANESE: I THINK IT'S RELEVANT TO THE MAIN MOTION. MAYOR PARTYKA: MR. MARTINEZ: MAYOR PARTYKA: CONTINUE. MR. MARTINEZ: HE'S FINISHED. MR. GARGANESE: IN MY OPINION, IT'S RELEVANT TO THE MAIN MOTION, BECAUSE IT AFFECTS HIS DECISION ON THE MAIN MOTION. MR. MARTINEZ: CAN I GET AN ANSWER? MAYOR PARTYKA: HE SAID IT'S RELEVANT. MR. MARTINEZ: I'M WAITING FOR AN ANSWER FROM THE MANAGER OR SOMEONE ON THE STAFF. MR. MCLEMORE: I THINK IF I COULD REPEAT THE COMMISSIONER MARTINEZ. YOU ASKED IT, NOT ME. OKAY. MR. GARGANESE, . . QUESTION. MR. MARTINEZ: CAN WE PUT A LID ON THIS WHEN IT COMES UP IN TWO WEEKS? MR. MCLEMORE: THAT'S A DECISION OF THE COMMISSION, NOT THE STAFF. THE COMMISSION CAN AGREE THAT -- THE COMMISSION HAS THE RIGHT TO UNDO THAT, TOO, BASED ON INFORMATION. MAYOR PARTYKA: IF I MAY, THAT'S A SEPARATE MOTION THAT NEEDS MORE ACTION. YOU CANNOT AT THIS . . . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 18 1 9 20 21 22 23 24 25 57 POINT IN TIME -- MR. MARTINEZ: MR. MAYOR, FORGET ABOUT IT. YOU'RE GOING TO CONTINUE TO MIX THE ISSUE UP AND WE'RE NEVER GOING TO GET AN ANSWER, SO I WITHDRAW MY QUESTION. ---- MAYOR PARTYKA: THANK YOU VERY MUCH, MR. MARTINEZ. COMMISSIONER GENNELL. DEPUTY MAYOR GENNELL: HAS ANYBODY KEPT A COUNT ON HOW MANY TIMES WE HAVE GONE TWO WEEKS MORE, TWO WEEKS MORE, TWO WEEKS MOR~, ANOTHER MONTH? MR. MARTINEZ: ABOUT TEN. MR. MILLER: TEN OR MORE. DEPUTY MAYOR GENNELL: IN OTHER WORDS, WE KEEP DOING THIS EXERCISE, AND I HAVE NOT HAD ANY ASSURANCE THAT IT WOULD -- IF I WITHDRAW THE MOTION, WHICH I'M WILLING TO DO, IF WE COULD FIRM IT UP FOR TWO WEEKS FROM NOW. MAYOR PARTYKA: IF I MAY, COMMISSIONER GENNELL, YOU CANNOT WITHDRAW THE MOTION. IT BELONGS TO THE COMMISSION. DEPUTY MAYOR GENNELL: FINE. I WOULD NOT SUPPORT MY OWN MOTION, THEN. HOW DOES THAT GRAB YOU? MR. MILLER: I WOULDN'T SUPPORT MY SECOND. . \'" . . 58 1 MAYOR PARTYKA: WE HAVE TO GO THROUGH THE 2 MOTION. 3 - - ~.- DEPUTY MAYOR GENNELL: OKAY. THAT'S FINE. 4 BUT I'M STILL BACK AT THE SAME POINT. I DON'T 5 WANT TO GO TWO WEEKS AGAIN AND TWO WEEKS AGAIN. 6 AND I WOULD LIKE TO HEAR FROM MR. GRINDSTAFF 7 AND MR. SCRIMSHER. IS THERE A COMMITMENT HERE TO 8 GET THIS THING PUT TO BED? BECAUSE MR. SCRIMSHER 9 DID REPRESENT TO US THAT WE ARE ONLY 50 PERCENT OF 1 0 THE WAY THERE. ANp WE HAVE DONE TWO WEEKS, TWO 1 1 WEEKS, TWO WEEKS, WE THINK, TEN TIMES. YES, I 1 2 WOULD LIKE TO HEAR FROM MR. GRINDSTAFF OR 1 3 MR. SCRIMSHER. 1 4 MR. MCLEMORE: COULD I COMMENT FIRST? 1 5 (INAUDIBLE) CITY DEPUTY MAYOR GENNELL: 1 6 MANAGER. 1 7 MAYOR PARTYKA: COMMISSIONER, THERE IS A 1 8 MOTION ON THE FLOOR THAT'S FAIRLY SIMPLE TO 1 9 UNDERSTAND. EITHER VOTE FOR IT OR VOTE AGAINST 20 IT. 21 YOU'RE ASKING THINGS HERE THAT, REALLY, EVEN 22 IF MR. SCRIMSHER AGREES TO IT, THIS COMMISSION HAS 23 TO ACT ON IT THROUGH ANOTHER MOTION. SO YOU 24 CANNOT DO THINGS THAT ARE PREDICATED ON ADDITIONAL 25 MOTIONS FROM THIS COMMISSION. LET'S ACT ON THE . . . 59 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 ONE AND THEN WE WILL TAKE IT FROM THERE. IF YOU HAVE ANY DOUBT, VOTE NO. DEPUTY MAYOR GENNELL: MR. GRINDSTAFF. MR. MILLER: MR. MAYOR, IF I MAY POINT OUT SOMETHING. MAYOR PARTYKA: PLEASE. MR. MILLER: AN AGENDA ITEM THAT'S COMING UP CALLS -- MAYOR PARTYKA: COMMISSION MILLER. MR. MILLER: -- SAMPLE (INAUDIBLE). I DON'T KNOW THAT THIS IS -- MAYOR PARTYKA: COMMISSIONER MILLER, YOU DO NOT HAVE THE FLOOR. YOU DO NOT HAVE THE FLOOR. MR. MILLER: I'M WITHDRAWING THE MOTION. MAYOR PARTYKA: COMMISSIONER GENNELL. DEPUTY MAYOR GENNELL: MR. GARGANESE -- MR. MARTINEZ: WE WILL BE HERE AN HOUR. DEPUTY MAYOR GENNELL: -- IS THE INFORMATION I JUST REQUESTED FROM MR. GRINDSTAFF AND MR. SCRIMS HER GERMANE TO THE MOTION? MR. GARGANESE: IT APPEARS TO BE GERMANE TO THE MOTION. DEPUTY MAYOR GENNELL: THANK YOU. MR. MAYOR, MAY I HEAR FROM THEM? MAYOR PARTYKA: HEAR FROM WHAT? EVEN IF THEY '. 1 2 3 4 5 6 7 8 9 ,1 0 1 1 12 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 . . 60 COMMIT, THIS COMMISSION STILL HAS TO VOTE. DEPUTY MAYOR GENNELL: WE CAN VOTE. WE CAN DO THAT. WE'RE TRYING TO GATHER J;NFORMATION,! MAYOR PARTYKA: MR. GRINDSTAFF, YOU MAY COME UP. MR. GRINDSTAFF: THANK YOU, MR. MAYOR. MAYOR PARTYKA: OKAY. LET'S HOLD UP HERE. COMMISSIONER MILLER, MR. MCLEMORE, LET'.S ALL GET ON FOCUS HERE. MR. GRINDSTAFF: THIS IS VERY GERMANE. I CAN ASSURE YOU FROM MR. SCHRIMSHER'S GROUP THAT WE WILL PARTICIPATE IN GOOD FAITH LIKE WE HAVE DONE NOW FOR OVER A YEAR IN AN EFFORT TO RESOLVE THIS. I CAN'T SIT HERE RIGHT NOW AND TELL YOU THAT IT'S ABSOLUTELY GOING TO BE AGREED TO IN TWO WEEKS. I WOULD SUGGEST TO YOU, WITH ALL DUE RESPECT, BECAUSE OF THE TANGLED WEB THAT EXISTS REGARDING THE E&A'S, WHETHER IT'S VALID, WHETHER IT'S NOT VALID, WHETHER THE CONTRACT PURCHASER ON THE KINGSBURY PIECE IS AHEAD OR BEHIND OR SIDEWAYS WITH MR. JOSHI OR WHATEVER; MY SUGGESTION WOULD BE THAT YOU WAIT PERHAPS UNTIL THE FIRST REGULAR MEETING IN DECEMBER AND HAVE THAT ISSUE BEHIND YOU, SO THAT YOU HAVE A VERY CRITICAL COMPONENT; I.E., THE KINGSBURY PARCEL, EQUALLY AT LEAST IN A .. .. . 61 1 POSITION TO ADDRESS AS WELL AS THE SCRIMSHER 2 PROPERTY. 3 COMMISSIONER GENNELL, WILL WE MEET IN GOOD 4 FAITH AND WORK HARD? YES, WE WILL. THAT'S ALL I 5 CAN TELL you. 6 MAYOR PARTYKA: IS THAT IT, COMMISSIONER? 7 MR. GRINDSTAFF: JUST POSTPONE THE OTHER 8 ISSUE. 9 DEPUTY MAYOR GENNELL: I-WANT TO KEEP THE 1 0 FLOOR, BUT MR. MCLEMORE HAS SOMETHING HE WANTS TO 1 1 SAY. 1 2 ,.., /" MR. MCLEMORE: WHAT I PROPOSED TO YOU WAS TO 1 3 CHANGE THE FORMAT. ABOUT COMING BACK TO YOU NEXT 1 4 WEEK AND SAYING, THESE ARE THE ISSUES OR NEXT 1 5 MEETING AND SAYING, THESE ARE THE ISSUES WE AGREE 1 6 ON, THESE ARE THE ISSUES WE DON'T AGREE ON, AND 1 7 THEN LET YOU DECIDE AT THAT POINT IN TIME WHERE 1 8 YOU DESIRE THOSE ISSUES TO LAND, AT THAT POINT IN 1 9 TIME DECIDE WHETHER YOU GO AHEAD WITH THIS OR 20 NOT. 21 I THINK THAT FORCES US TO COME BACK TO YOU IN 22 A DIFFERENT POSTURE. I PROPOSE THAT IN ORDER TO 23 TRY AND MOVE THE PROCESS ALONG AND GET US THERE. 24 TO BE HONEST WITH YOU, COMING IN HERE 25 TONIGHT, MY PREFERENCE WAS TO ADOPT THIS ORDINANCE '. .... ~,. 62 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 TONIGHT. BUT BASED ON WHAT HAS BEEN SAID AND MY OWN PROPOSAL, I THINK IT'S PRUDENT TO GIVE IT TWO MORE WEEKS. MAYOR PARTYKA: COMMISSIONER, IS THAT IT? DEPUTY MAYOR GENNELL: YES. MAYOR PARTYKA: COMMISSIONER MILLER. MR. MILLER: MR. MAYOR, I WOULD LIKE TO HAVE THE CITY ATTORNEY GIVE US A -- MAYOR PARTYKA: I'M SORRY. I'M SORRY. BUT COMMISSIONER BLAKE HAD THE FLOOR AND IT WAS MY MISTAKE. COMMISSIONER BLAKE. MR. MILLER: AS LONG AS HE DOESN'T COVER MY ISSUE. MR. BLAKE: HAVING HEARD ALL OF MILLER'S ISSUES, I'LL COVER THEM NOW. MAYOR, I WOULD LIKE TO MAKE AN AMENDED MOTION TO POSTPONE THE READING -- THIRD READING -- I LOST THE NUMBER. MR. MCLEOD: 707. MR. BLAKE: 707? -- THE CURRENT ORDINANCE UNDER CONSIDERATION UNTIL DECEMBER 13, 1999, AND FURTHER INSTRUCT STAFF TO BRING TO THIS COMMISSION AT THE WORKSHOP CURRENTLY SCHEDULED FOR NOVEMBER 22ND -- I'M SORRY, NOVEMBER 8TH OF 1999, DESCRIPTION OF ALL . . . " 63 1 POINTS AGREED UPON CURRENTLY BETWEEN THE AFFECTED 2 PROPERTY OWNERS AND THE CITY AND A LIST AND 3 DESCRIPTION OF ALL AREAS OF AGREEMENT OR 4 DISAGREEMENT BETWEEN THE AFFECTED PROPERTY OWNERS 5 AND THE CITY, SO THAT WE MAY ACT UPON THEM AT THAT --- 6 MEETING AND THEN GIVE DIRECTION TO STAFF TO ENABLE 7 THEM TO BRING US, CONCURRENTLY WITH THE THIRD 8 READING OF ORDINANCE 707, AN AGREEMENT THAT WOULD 9 HAVE DUE TIME TO BE ADVERTISED AND ENTERED INTO 1 0 BETWEEN THIS COMMISSION AND THE AFFECTED PROPERTY 1 1 OWNERS SIMULTANEOUSLY WITH THE ENACTMENT OF 1 2 ORDINANCE 707, SUBJECT TO THE APPROVAL OF THE 1 3 COMMISSION, OF COURSE. 1 4 MAYOR PARTYKA: OKAY. 1 5 MR. BLAKE: DO YOU WANT ME TO READ THAT BACK 1 6 TO YOU? 1 7 MAYOR PARTYKA: IS IT SUFFICIENT AT THIS 1 8 POINT TO SAY THAT THE AMENDMENT IS TO DELAY THIS 1 9 ORDINANCE TO -- OR TO VOTE ON THIS ORDINANCE TO 20 DECEMBER 13? 21 MR. BLAKE: NO, THAT WAS NOT MY MOTION. 22 MAYOR PARTYKA: I'M TRYING TO GET 23 CLARIFICATION WHAT THE AMENDMENT IS. 24 MR. MCLEOD: MAYOR, I'LL SECOND THE 25 AMENDMENT. I TOTALLY UNDERSTOOD IT. ;. . . 64 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MAYOR PARTYKA: DOES THE REST OF THE COMMISSION UNDERSTAND IT? THERE IS SOME NO'S HERE. MR. MILLER: NO. MAYOR PARTYKA: SEE IF YOU COULD DO THAT JUST A LITTLE SIMPLER. MR. MCLEOD: MAYOR, I THINK ALL THE ISSUES WERE COVERED. MAYOR PARTYKA: COMMISSIONER, FOR THE REST OF THE COMMISSION. MR. BLAKE: ARE YOU ASKING ME TO REDO IT? MAYOR PARTYKA: YES. MR. BLAKE: OH, I THOUGHT YOU WERE ASKING THE ATTORNEY. MAYOR PARTYKA: NO, NO, NO. I'M ASKING YOU. I'M SORRY. I THOUGHT YOU WERE LOOKING FOR YOUR NOTES. MR. BLAKE: NO. MAYOR PARTYKA: COULD YOU RESTATE YOUR AMENDMENT. MR. BLAKE: YOU WANT ME TO DO IT THE SAME WAY? THE MOTION IS TO AMEND THE MOTION TO POSTPONE THE ADOPTION OF ORDINANCE 707 -- I'LL USE THE MICROPHONE THIS TIME. THE MOTION IS AN AMENDED MOTION TO POSTPONE . '. . 65 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 THE ADOPTION OF ORDINANCE 707 TO DE~EMBER 13, 1999, WITH THE DIRECTION TO STAFF TO BRING BACK TO THIS COMMISSION ON NOVEMBER 8TH WORKSHOP, ALL OF THE AREAS OF AGREEMENT AND ALL OF THE AREAS OF DISAGREEMENT BETWEEN THE AFFECTED PROPERTY OWNERS AND THE CITY FOR FURTHER DIRECTION FROM THE COMMISSION AT THAT TIME FOR THE DEVELOPMENT OF A COMPANION AGREEMENT -- ISN'T THAT THE TERM WE'VE USED? FOR THE DEVELOPMENT OF A COMPANION AGREEMENT BETWEEN THE AFFECTED PROPERTY OWNERS AND THE CITY WHICH WILL GIVE IT TIME TO BE ADVISED AND DULY ACTED UPON SIMULTANEOUSLY WITH ENACTMENT OF ORDINANCE 707 ON DECEMBER 13, 1999, SHOULD THIS COMMISSION SEE FIT. MAYOR PARTYKA: ALL RIGHT. I POSE THE QUESTION AGAIN TO THE COMMISSION HERE: DOES EVERYONE UNDERSTAND THAT? DEPUTY MAYOR GENNELL: YES. MR. BLAKE: THE PURPOSE IS, IT GETS US TO THE RIGHT TIME, IT TAKES CARE OF THE ISSUES AT HAND, PERHAPS IT WILL KEEP US OUT OF COURT, PERHAPS IT WILL MOVE US ALONG THE LINE OF GETTING TO WHERE WE WANT TO BE, AND IT CREATES DEADLINES FOR EACH OF THE PARTIES TO BE SURE THAT THEY'RE MEETING THEM ON A REGULAR BASIS. BY NOVEMBER 8TH WE'RE GOING . .~ . . " 66 1 TO KNOW WHETHER OR NOT THOSE MEETINGS HAVE BEEN 2 HAD AND WHETHER OR NOT SOME AGREEMENT HAS BEEN 3 HAMMERED OUT, AND WE'RE GOING TO SEE THE _PRODUCT. 4 MAYOR PARTYKA: OKAY. IS THERE A SECOND? 5 MR. MCLEOD: I ALREADY SECONDED IT, MAYOR. 6 MAYOR PARTYKA: ANY FURTHER DISCUSSION ON THE 7 AMENDMENT? 8 COMMISSIONER MILLER, I SAW YOUR FINGER ON 9 THAT; FOR THE AMENDMENT. THIS IS DISCUSSION ON 1 0 THE AMENDMENT. 1 1 MR. MILLER: YES. I WOULD LIKE TO MAKE SURE 1 2 THAT ALL OF THE OTHER PARTIES THAT ARE AFFECTED 1 3 AGREE. 1 4 MAYOR PARTYKA: THAT'S NOT THEIR JOB. 1 5 COMMISSIONER MARTINEZ, ON THE AMENDMENT. 1 6 MR. MARTINEZ: THIS IS WHERE WE ALWAYS GET IN 17 TROUBLE. WE TALK ABOUT TWO WEEKS, AND NOW WE'RE 1 8 TALKING ABOUT 45 DAYS. KEEP IN MIND THAT DECEMBER 1 9 13TH WILL BE OUR LAST MEETING WHEN WE ADJOURN FOR 20 THE HOLIDAYS AND WE DON'T COME BACK UNTIL JANUARY 21 2000. 22 NOW, IF WE FALL INTO THE SAME TRAP AND WE 23 CONTINUE WITH THIS DELAY, DELAY, DELAY AND PEOPLE 24 ARE NOT SATISFIED ON DECEMBER 13TH WE ARE 25 NOWHERE. WE ARE BACK WHERE WE ARE TODAY. WHY . . . 61 1 POSTPONE THIS FOR SO LONG? I THINK THAT A 2 POSTPONEMENT SHOULD BE MUCH, MUCH SHORTER, AND WE 3 SHOULD COME TO A DECISION AT THAT TIME. - . 4 MAYOR PARTYKA: OKAY. COMMISSIONER GENNELL, 5 DO YOU WANT TO SPEAK ON THE AMENDMENT? 6 DEPUTY MAYOR GENNELL: YES, I DO. 7 MAYOR PARTYKA: OKAY. 8 DEPUTY MAYOR GENNELL: THE SAME FACTS THAT 9 COMMISSIONER MARTINEZ OUTLINED -- 1 0 MAYOR PARTYKA: PLEASE, PLEASE, LET'S LISTEN 1 1 TO THE COMMISSIONER. LET'S LISTEN. WE ARE IN 1 2 ,- , DISCUSSION RIGHT NOW. 1 3 DEPUTY MAYOR GENNELL: YOU KNOW, THE CITY 1 4 MANAGER HAS TOLD US HE CAN BRING US BACK A PRODUCT 1 5 THAT WE CAN MAKE A DECISION ON IN TWO WEEKS. AND 1 6 I CAN LIVE WITH THAT, I REALLY CAN. I THINK 1 7 THAT'S NOT UNREASONABLE, GIVEN ALL THE FACTORS 1 8 GOING INTO IT, THAT HE CAN GIVE IT -- LAY IT ON 1 9 THE TABLE FOR US. 20 BUT THEN I HEARD SOMEBODY SAY WE OUGHT TO 21 WAIT UNTIL YOU GET THIS ONE AND THAT ONE ON BOARD, 22 AND NOW WE OUGHT TO GO 45 DAYS, AND PRETTY SOON IT 23 WILL BE NEXT YEAR. NO, I'M SORRY. I CANNOT 24 SUPPORT THIS AMENDMENT. 25 MAYOR PARTYKA: OKAY. COMMISSIONER BLAKE. 68 . 1 2 3 4. 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 MR. BLAKE: THE COMMISSION WAS LOOKING FOR DEADLINES. I THINK DEADLINES ARE POSSIBLE IF THEY'RE DOABLE"AND THEY MAKE SENSE. WITH ADVERTISING REQUIREMENTS THERE IS NO WAY TO HAVE SIMULTANEOUS AGREEMENTS ANY QUICKER THAN THAT. AND I WOULD SUGGEST THERE'S NO WAY TO STAY OUT OF COURT AND MOVE FORWARD WITHOUT THE SIMULTANEOUS AGREEMENTS. IT HAS BEEN WHAT WAS REPRESENTED FOR THE LAST YEAR AND A HALF TO THE PROPERTY OWNERS OUT THERE. AND IF WE DO NOT GO~N THAT DIRECTION, THEN EVEN IF WE PASS IT TWO WEEKS FROM NOW, WE ARE NOT THERE. YOU HAVE TO KEEP THE BIG PICTURE IN MIND. WHAT ARE WE TRYING TO GET TO? I THINK THIS IS THE FASTEST WAY TO GET THERE. NOT THE DELAYED WAY, THE FASTEST WAY, GIVEN WHERE WE ARE TODAY. MAYOR PARTYKA: THANK YOU. COMMISSIONER MARTINEZ. MR. MARTINEZ: THE COMMISSIONER WAS LOOKING FOR A DEADLINE. BUT NUMBER ONE, THAT CALLS FOR A TIME SO FAR AHEAD THAT WE HAVE TO WAIT FOR THE CHICKENS TO COME HOME TO ROOST. I ASKED FOR TWO WEEKS AND THEY SAID THAT IT WAS IMPROPER TO ASK THE QUESTION AT THAT TIME. AND I'M STILL GOING LONGER THAN WHAT THE MANAGER . . . . '. 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 69 SAID, AND HE CAN BRING SOME KIND OF A PRODUCT IN TWO WEEKS. AND IF AT THAT TIME YOU DON'T LIKE IT, YOU CAN GO AHEAD AND MOVE AHEAD AND DO WHATEVER YOU WANT. WE CAN MAKE WHATEVER DECISION YOU WANT. '-- LIKE THE MAYOR SAID, IT'S THE COMMISSION'S CHOICE, OKAY? BUT I DON'T THINK WE SHOULD WAIT UNTIL DECEMBER 13TH TO SIT HERE AND GO THROUGH THIS HASSLE ALL OVER AGAIN, AND THEN POSTPONE IT UNTIL JANUARY 2000, AND GOD KNOWS WHEN, IF EVER, WE'RE PUT A START ON THE TOWN CENTER ROLLING. MAYOR PARTYKA: OKAY. COMMISSIONERS, I'M GOING TO SAY THIS --'OH, I'M SORRY. COMMISSIONER MCLEOD. I DO HAVE ONE COMMENT TO SAY, BUT COMMISSIONER MCLEOD. MR. MCLEOD: A COUPLE THINGS. I THINK I UNDERSTAND WHERE THE COMMISSIONER IS COMING FROM. IT REALLY BRINGS ALL ISSUES TO A DEADLINE, IT ALLOWS THE PROPERTY OWNERS, ALLOWS MR. JOSHI, ALLOWS EVERYBODY TO GET UP THROUGH THE DECEMBER MARK TO COME TO THE TABLE, AND I THINK WE WILL KNOW WHERE EVERYBODY STANDS AT THAT TIME. WITH THAT IN MIND, I WOULD LIKE TO CALL THE QUESTION. MAYOR PARTYKA: IF I MAY MAKE A COMMENT. '. '- . . ',. 70 1 MR. MCLEOD: NO, YOU MAY NOT. I, JUST CALLED 2 THE QUESTION. 3 MAYOR PARTYKA:- I- THINK IT'S IMPORTANT TO 4 THIS. 5 MR. MCLEOD: ALL RIGHT. I'LL BE NICE. 6 MAYOR PARTYKA: I JUST WANT TO MAKE ONE 7 COMMENT. THANK YOU VERY MUCH. I APPRECIATE 8 THAT. 9 I WILL, JUST SO EVERYONE KNOWS HERE, MY 1 0 INTENT IS THE LONG-TERM PICTURE OF THE TOWN 1 1 CENTER. AND I SAID THIS, THAT PEOPLE SHOULD TALK 1 2 UNTIL WE GET TO A POINT WHERE THEY CAN'T TALK 1 3 ANYMORE. 1 4 I WILL VETO THIS SITUATION, AND BASED ON THE 1 5 VOTES THAT I THINK WILL HAPPEN, THIS VETO WILL 1 6 STAND UP. SO MY GOAL IS TO PREVENT ANY KIND OF 1 7 LITIGATION HERE. 1 8 AND IF WE HAVE TO GO OUT FOR ANOTHER TWO 1 9 WEEKS OR FOUR WEEKS OR WHATEVER THIS COMMISSION 20 DECIDES AT THE NEXT COMMISSION MEETING, SO BE IT. 21 BUT AS LONG AS PEOPLE ARE TALKING AND WE DON'T GET 22 TO THAT POINT, OR SOMEONE ARBITRARILY WANTS TO 23 STOP THIS, IF I GET THE CHANCE I'LL VETO THIS. SO 24 THAT'S WHAT I WANT TO -- SO EVERYBODY IS AWARE OF 25 THIS. . . . 71 1 COMMISSIONER MCLEOD, YOU HAVE THE FLOOR. 2 MR. MCLEOD: FIRST OF ALL, I THINK IT WAS INAPPROPRIATE FOR YOU TO SPEAK THAT YOU WOULD VETO 3 4 IT. BUT WITH THAT IN MIND, I WOULD LIKE TO CALL 5 THE QUESTION. THANK YOU. 6 MAYOR PARTYKA: OKAY. CALL THE VOTE ON THE 7 AMENDMENT. 8 MR. MARTINEZ: NO. NO. RULES SAY THAT YOU 9 .. HAVE TO VOTE ON CALLING THE QUESTION. 1 0 MAYOR PARTYKA: I'M SORRY. 1 1 MR. MARTINEZ: STICK TO THE RULES. 1 2 MAYOR PARTYKA: COMMISSIONER MARTINEZ, 1 3 PLEASE. THAT'S ALWAYS THERE. 1 4 MR. MARTINEZ: YOU WERE CALLING THE VOTE. 1 5 MAYOR PARTYKA: I MADE AN ADMINISTRATIVE 1 6 ERROR. 1 7 MR. MARTINEZ: AND I WAS,RECTIFYING IT. 1 8 MAYOR PARTYKA: THANK YOU VERY MUCH. CALL 1 9 THE VOTE FOR THE QUESTION. 20 THE CLERK: COMMISSIONER MCLEOD. 21 MR. MCLEOD: AYE. 22 THE CLERK: DEPUTY MAYOR GENNELL. 23 DEPUTY MAYOR GENNELL: AYE. 24 THE CLERK: COMMISSIONER MARTINEZ. 25 MR. MARTINEZ: AYE. 72 .. 1 THE CLERK: COMMISSIONER MILLER. 2 MR. MILLER: AYE. 3 THE CLERK: COMMISSIONER BLAKE. 4 MR. BLAKE: AYE. 5 MAYOR PARTYKA: OKAY. CALL THE VOTE FOR THE 6 AMENDMENT. 7 THE CLERK: . . COMMISSIONER BLAKE. 8 MR. BLAKE: AYE. 9 THE CLERK: COMMISSIONER MARTINEZ. 1 0 MR. MARTINEZ: NAY. 1 1 THE CLERK: COMMISSIONER MCLEOD. 1 2 MR. MCLEOD: AYE. . 1 3 THE CLERK: DEPUTY MAYOR GENNELL. 1 4 DEPUTY MAYOR GENNELL: NO. 1 5 THE CLERK: COMMISSIONER MILLER. 1 6 MR. MILLER: NO. 1 7 MAYOR PARTYKA: OKAY. THE AMENDMENT DOES NOT 1 8 PASS. 1 9 NOW WE ARE BACK TO THE ORIGINAL MOTION, WHICH 20 IS THIRD READING OF THE ORDINANCE OF 707. 21 COMMISSIONER GENNELL. 22 DEPUTY MAYOR GENNELL: I WANT TO CALL THE 23 QUESTION. 24 MAYOR PARTYKA: NO. WE ARE NEXT. CALL THE . 25 VOTE ON PASSING OF ORDINANCE 707. . '. . . , 73 1 THE CLERK: COMMISSIONER MARTINEZ. 2 MR. MARTINEZ: YOU HAD TO PICK ON ME FIRST. 3 NAY. 4 THE CLERK: COMMISSIONER MCLEOD. MR. MCLEOD: NO IS IT DOESN'T CARRY, A YEA IS A CARRY. NO. THE CLERK: DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL: NO. THE CLERK: COMMISSIONER> MILLER. MR. MILLER: NO. THE CLERK: COMMISSIONER BLAKE. 5 6 7 8 9 1 0 1 1 1 2 \ -. ,,- MR. BLAKE: NO. 1 3 MAYOR PARTYKA: OKAY. THE MOTION DOES NOT 1 4 PASS. OKAY. 1 5 COMMISSIONER BLAKE, I BELIEVE, HAS THE FLOOR. 1 6 MR. BLAKE: THANK YOU, MAYOR. MAYOR, I WOULD 1 7 LIKE TO MAKE A MOTION TO POSTPONE THE READING OF 1 8 ORDINANCE 707 UNTIL DECEMBER 13, 1999, WITH 1 9 INSTRUCTION TO STAFF TO HAVE FURTHER DISCUSSIONS 20 WITH THE AFFECTED PROPERTY OWNERS TO BRING BACK TO 21 US ON NOVEMBER 8TH A LIST OF ALL THOSE AREAS 22 AGREED UPON AND ALL THOSE AREAS NOT AGREED UPON IN 23 A WORKSHOP AT THAT DATE TO FURTHER FORMULATE THE 24 COMPANION AGREEMENT, WHICH WOULD THEN BE 25 ADVERTISED AND BROUGHT SIMULTANEOUSLY ON DECEMBER 74 . 1 13TH WITH THE SECOND READING OF THE ORDINANCE 707. 2 MAYOR PARTYKA: IS THERE A SECOND? 3 MR. MCLEOD: I'LL SECOND THAT. 4, MAYOR PARTYKA: OKAY. DISCUSSION. 5 COMMISSIONER GENNELL. 6 DEPUTY MAYOR GENNELL: I'M SORRY. MY LIGHT 7 WAS ON FOR SOMETHING ELSE. 8 MAYOR PARTYKA: I APOLOGIZE. COMMISSIONER 9 MARTINEZ, DO YOU HAVE A QUESTION? 1 0 .. MR. MARTINEZ: NO. I JUST WANTED TO SAY THAT 1 1 WE JUST VOTED NO ON THE SAME -- THE VERY SAME 1 2 AMENDMENT. . 1 3 MR. BLAKE: NO, NO. 1 4 MR. MARTINEZ: WELL, NOW IT'S A MOTION SO WE 1 5 HAVE TO REPEAT THE VOTE. 1 6 MAYOR PARTYKA: OKAY. CALL THE VOTE, PLEASE. 1 7 MR. BLAKE: YOU DIDN'T ASK FOR DISCUSSION. 1 8 MAYOR PARTYKA: I DID. 1 9 MR. BLAKE: I'M SORRY. 20 MAYOR PARTYKA: COMMISSIONER BLAKE. 21 MR. BLAKE: LADIES AND GENTLEMEN OF THE 22 COUNCIL, ONE OF THE RULES WE DECIDED UPON WAS THAT 23 A COMMISSIONER CAN TALK AS LONG AS HE WANTS. 24 MAYOR PARTYKA: COMMISSIONER BLAKE IS-- I . 25 URGE THE COMMISSIONERS TO GIVE THE COURTESY TO . . . " 75 1 ANOTHER COMMISSIONER TO SPEAK. I WOULD AFFORD YOU 2 THE SAME COURTESY IF SOMEONE ELSE IS SPEAKING, SO 3 PLEASE, IF SOMEONE IS SPEAKING, LET HIM SPEAK 4 WITHOUT ANY KIND OF OBSTACLES IN THE (INAUDIBLE). 5 OKAY. COMMISSIONER BLAKE. '-- 6 MR. BLAKE: THIS PIECE OF LEGISLATION IS 7 VITALLY IMPORTANT TO ALL OF (INAUDIBLE). FOR US 8 TO LOSE SIGHT OF THIS IMPORTANCE OVER TWO WEEKS OR 9 FOUR WEEKS, 45 DAYS, HOWEVER YOU DO THE MATH, I 1 0 THINK IS RIDICULOUS. I THINK IT'S S~ORT-SIGHTED. 1 1 FRANKLY, I THINK IT SHOWS A LACK OF UNDERSTANDING 1 2 OF THE GRAVITY OF WHAT WE'RE HERE TO DO. 1 3 I'M GOING TO ASK YOU, PLEASE, GIVE THIS THE 1 4 DUE CONSIDERATION IT DESERVES. THE MAYOR HAS 1 5 ALREADY SAID HE'S GOING TO VETO THE ORDINANCE AS 1 6 IT STOOD, WHICH MEANS WE'LL HAVE TO START ALL THE 1 7 WAY OVER FROM THE BEGINNING. WITH ADVERTISING AND 1 8 EVERYTHING ELSE, YOU'RE TALKING THE MIDDLE OF NEXT 1 9 YEAR. 20 THIS IS THE QUICKEST WAY OUT. IT'S ALSO THE 21 RIGHT WAY OUT. PLEASE GIVE PROPER CONSIDERATION 22 TO THIS MOTION WHICH ANSWERS ALL THE QUESTIONS, 23 TAKES CARE OF ALL THE DEADLINES THAT YOU'RE ASKING 24 FOR, MOVES THE PROPERTY ALONG, ENABLES THE CITY TO 25 HAVE DISCUSSIONS WITH EACH OF THE APPROPRIATE LAND ..'. ~, . . . , 76 1 OWNERS IN DUE TIME. PLEASE SUPPORT ~HIS MOTION. 2 MAYOR PARTYKA: COMMISSIONER GENNELL. 3 DEPUTY MAYOR GENNEL~: I CAN'T SUPPORT THIS 4 MOTION ANY MORE THAN I COULD SUPPORT THE PREVIOUS 5 AMENDMENT. THE REASON IS, I CAN SUPPORT A MOTION 6 THAT MOVES THIS CITY FORWARD TO THE GOAL THAT THE 7 CITIZENS WANT AND THAT THIS COMMISSION HAS WORKED 8 FOR, AND THAT IS THE ESTABLISHMENT OF THE TOWN 9 CENTER GUIDELINES. 1 0 IF THE CITY MANAGER SAYS HE CAN GIVE US A 1 1 PRODUCT THAT WE CAN WORK ON (INAUDIBLE) AND 1 2 EFFECTIVELY TWO WEEKS FROM NOW, THAT'S WHERE I 1 3 WANT TO BE. IF THAT RESULTS IN SOME OTHER 1 4 AGREEMENTS, FINE. BUT I THINK WE NEED TO TAKE 1 5 THIS AND KEEP MOVING IT FORWARD AND NOT ATTACH A 1 6 MILLION DIFFERENT CONDITIONS TO IT THAT ONLY SET 1 7 IT UP FOR DEFEAT FOUR OR SIX WEEKS FROM NOW. 1 8 SO I'M NOT GOING TO SUPPORT THIS. I'LL 1 9 SUPPORT SOMETHING THAT COMES BACK THAT HAS A 20 TWO-WEEK DEADLINE TO IT. 21 MAYOR PARTYKA: COMMISSIONER MILLER, YOU 22 WANTED TO SAY SOMETHING? 23 MR. MILLER: NO, THAT'S ALL RIGHT. 24 MAYOR PARTYKA: COMMISSIONER MARTINEZ. 25 MR. MARTINEZ: I AM NOT GOING TO SUPPORT THIS . . . .... 77 1 MOTION, EITHER, BECAUSE (INAUDIBLE) TIME IN 2 QUESTION, DESPITE THE FACT THAT THE MANAGER SAYS 3 HE CAN COME BACK WITH A FINISHED PRODUCT BEFORE 45 4 DAYS. 5 FURTHERMORE, BECAUSE THE MAYOR HAS SHOWN A 6 PREDISPOSITION TO VETO THIS ORDINANCE, AND I WOULD 7 LIKE TO GIVE HIM AN OPPORTUNITY TO DO THAT SO HE 8 CAN KNOW WHERE HE STANDS AS FAR AS MR. SCHRIMSHER 9 IS CONCERNED. 1 0 MAYOR PARTYKA: OKAY. COMMISSIONER MCLEOD~ 1 1 MR. MCLEOD: I CAN SUPPORT THIS FOR THE SAME 1 2 REASONS AS POINTED OUT BY COMMISSIONER BLAKE. 1 3 THIS IS VERY CRTTICAL, AND THE PROCESS IS 1 4 CRITICAL. ALL THE PARTIES CONCERNED ARE CRITICAL, 1 5 AND IT ALLOWS ALL PARTIES, BETWEEN NOW AND THEN, 1 6 TO COME TO THE TABLE FOR WHATEVER AGREEMENTS THOSE 1 7 MAY BE, TO PUT THEM ON THE TABLE AND TO WORK THEM 18 THROUGH. AND I THINK IT WOULD BE VERY 1 9 SHORTSIGHTED OF THIS COMMISSION AT THIS TIME, 20 AFTER ALL THESE YEARS OF WORKING WITH THE PROPERTY 21 OWNERS, STAFF, CONSULTANTS, NOT TO LOOK AT 40 22 DAYS, 45 DAYS, WHATEVER IT IS, TO HOPEFULLY, AT 23 THAT TIME-- I WILL BE PREPARED AT THAT TIME TO 24 HELP PUT THIS TO BED. I (INAUDIBLE) ANYTHING I BELIEVE SHORT OF THAT,I i 25 . . . 78 1 2 3 4 5 6 '7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 25 IT'S GOOD FOR THIS-- YOU KNOW, FOR TWO WEEKS FROM NOW, MAY RESOLVE ONE ISSUE, BUT I SEE THAT THERE'S. MORE THAN ONE ISSUE THAT STANDS IN FRONT OF THIS PARTICULAR ORDINANCE AT THIS TIME, AND IT WOULD GIVE US TIME TO HOPEFULLY HAVE SEVERAL ISSUES RESOLVED. AND I THINK THAT'S VERY IMPORTANT AT THIS POINT. THANK YOU. MAYOR PARTYKA: THANK YOU. COMMISSIONER BLAKE. MR. BLAKE: ALL I WANTED TO SAY WAS THAT IT'S ONE THING TO PASS AN ORDINANCE, BUT IT'S ANOTHER THING TO BUILD A CITY. I THINK YOUR VOTE WILL DETERMINE WHICH YOU REALLY WANT TO DO. MAYOR PARTYKA: THANK YOU. OKAY. GIVEN THE FACT THAT NO OTHER LIGHTS ARE ON, CALL THE VOTE, ANDREA. THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: AYE. THE CLERK: COMMISSIONER MILLER. MR. MILLER: NO. THE CLERK: COMMISSIONER MCLEOD. MR. MCLEOD: AYE. THE CLERK: DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL: NO. THE CLERK: COMMISSIONER MARTINEZ. ~.. "\. !. -'. . 79 1 MR. MARTINEZ: NO. 2 MAYOR PARTYKA: OKAY. MOTION FAILS. 3 DOES ANYONE WANT TO MAKE ANOTHER MOTION? 4 .- COMMISSIONER GENNELL. 5 DEPUTY MAYOR GENNELL: YES, I'M GOING TO MAKE 6 A MOTION. I MOVE THAT WE POSTPONE THE FINAL 7 ADOPTION OF ORDINANCE 707 FOR TWO WEEKS. 8 MAYOR PARTYKA: OKAY. IS THERE A SECOND? 9 MR. MARTINEZ: SECOND. 10 MAYOR PARTYKA: SECONDED BY COMMISSIONER 1 1 MARTINEZ. ANY DISCUSSION? DEPUTY MAYOR GENNELL: ,'YES. I S IT PROPER TO 1 2 13 SAY POSTPONE OR CONTINUE IT, MR. GARGANESE? 1 4 MR. GARGANESE: I WOULD SPECIFICALLY STATE 1 5 THE DATE OF THE NEXT CITY COUNCIL MEETING, WHICH I 1 6 BELIEVE IS NOVEMBER 8TH. 1 7 DEPUTY MAYOR GENNELL: NOVEMBER 8TH, OKAY. 1 8 MAYOR PARTYKA: ALL RIGHT. GIVEN THE FACT 1 9 THERE'S NO DISCUSSION-- COMMISSIONER MCLEOD. 20 MR. MCLEOD: I WOULD REALLY LIKE TO KNOW WHAT 21 THAT MEANS. I MEAN, OTHER THAN WE POSTPONE 22 MAYOR PARTYKA: CALL THE VOTE, PLEASE. 23 THE CLERK: COMMISSIONER MARTINEZ. 24 MR. MARTINEZ: AYE. 25 THE CLERK: COMMISSIONER MCLEOD. . \. . . 1 8 1 9 20 21 22 23 24 25 80 1 MR. MCLEOD: NO. 2 THE CLERK: DEPUTY MAYOR GENNELL. 3 DEPUTY MAYOR GENNELL: AYE. 4" THE CLERK: COMMISSIONER MILLER. " 5 MAYOR PARTYKA: THE MOTION IS TO POSTPONE 6 ORDINANCE 707 TO THE 8TH. 7 MR. MILLER: AYE. 8 THE CLERK: COMMISSIONER BLAKE. 9 MR. BLAKE: NO. 1 0 MAYOR PARTYKA: MOTION PASSES. ORDINANCE 1'07 1 1 IS NOW POSTPONED UNTIL NOVEMBER 8TH FOR 12 CONSIDERATION. 13 (WHEREUPON, THE PROCEEDING WAS CONCLUDED AT 14 9:~0 P.M.) 1 5 1 6 1 7 . " . 14 81 1 2 3 4 CERTIFICATE OF OATH 5 '-- 6 7 STATE OF FLORIDA) 8 COUNTY OF ORANGE) 9 10 I, SANDRA A. MOSER, REGISTERED PROFESSIONAL REPORTER, CERTIFY THAT I WAS AUTHORIZED TO AND DID 11 STENOGRAPHICALLY REPORT THE FOREGOING PROCEEDING AND THAT THE TRANSCRIPT IS A TRUE RECORD. 1 2 1 3 I FURTHER CERTIFY THAT I AM NOT A RELATIVE; EMPLOYEE, ATTORNEY OR COUNSEL OF ANY OF THE PARTIES, NOR AM I FINANCIALLY INTERESTED IN THE ACTION. 15 DATED THIS 5TH DAY OF NOVEMBER, 1999. 1 6 1 7 1 8 1 9 20 21 22 23 24 . , 25 \:5o-\~\O_) Ct.. \Y\~ f_ SANDRA A. MOSER, R.P.R. NOTARY PUBLIC- STATE OF FLORIDA "-;;'\";"'" SANDRA A. MOSER !.f\'6.~:. MY COMMISSION # CC 733210 ~\~':JJ EXPIRES: Apri112, 2002 "-.:,r.,... .'?:.., llonde~ lllrll NOllry PulIIit Unllerwlllers ~,elt~ ..'. . . 12mTM Registered Profeasional Reporter . .. 1 TRANSCRIPT OF PROCEEDINGS .ORIGINAl CITY O~ WINTER SPRINGS, FLORIDA CITY COMMISSION- REGULAR MEETING TRANSCRIPT OF MEETING HELD ON NOVEMBER 8, 1999, BEGINNING AT 5:45 P.M. AT CITY COMMISSION CHAMBERS, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA, AND REPORTED BY SANDRA A. MOSER, REGISTERED PROFESSIONAL REPORTER AND NOTARY PUBLIC, STATE nF FLORIDA AT LARGE. . Registered Professional Reporters Certified Video Technicians . 1188 Fox Forrest Circle .,Apopka, Florida 32712 · (407) 884-4662 · FAX (407) 884-4664 Sandra A.' DawkIns, President Professional Reporl/ng SInce 1977 'IR~I 0rI!!!!t0- _._'C... c. .. ,. 2 1 PRO C E E DIN ~ S 2 MAYOR PARTYKA: ALL RIGHT. MR. MCLEMORE. 3 MR. MCLEMORE: YES. THERE IS A CONSENT 4 AGENDA ITEM THAT I HAVE ADDED ON RELATED TO THE 5 NEGOTIATIONS WE'VE HAD IN SCHRIMSHER. AND AS I 6 SAID, THOSE OF YOU THAT I WAS ABLE TO GET IN TOUCH 7 WIT~ THURSDAY AND FRIDAY, I WAS RECOMMENDING THAT 8 YOU WOULD AUTHORIZE ME TO ENTER INTO AGREEMENT 9 WITH DEBORAH COAL TO UPDATE THE CURRENT PLAN IN 1 0 ORDER TO REVISE, AS REQUIRED, THE WETLAND PARK AND 1 1 STREETS, THE LAYOUTS THAT WERE CHANGED AS A RESULT ," , 1 2 OF THE WETLAND INFORMATION THAT WE HAVE IN HAND. 1 3 AND WE SIMPLY GOT TO THE POINT ON THURSDAY -- 1 4 WE WENT INTO THE NEGOTIATIONS ON THURSDAY HOPING 1 5 WE COULD COMPLETE IT. WE WERE THERE WELL OVER 1 6 THREE HOURS AND WERE UNABLE TO GET TO THE FINAL 1 7 PIECES OF INFORMATION WE NEEDED TO CLOSE THE 18 NEGOTIATIONS. 19 THE REASON WAS, WE COULD NOT ANTICIPATE THE 20 AMOUNT OF ACREAGE THAT WOULD BE INVOLVED RELATIVE 21 TO THE CHANGES OF THE DIMENSIONS OF THE WETLAND 22 PARK, NOR THE COST INVOLVED IN CHANGING THE STREET 23 PATTERN THAT WOULD RESULT FROM THE NEW WETLANDS 24 DETERMINATION. 25 SO WITH THE CONSENT OF THE MAJORITY I HAVE (. . \ ~ 3 -.' 1 GONE AHEAD AND STARTED THAT PROCESS., I'LL BRING 2 IT TO YOU TONIGHT FOR RATIFICATION. DEBORAH COAL 3 IS ON SITE AND WILL BE HERE THROUGH FRIDAY -4 UPDATING THE PLAN. MR. SCHRIMSHER AND HIS PEOPLE 5 WILL BE THERE AND HAVE ~LENTY OF OPPORTUNITY TO 6 C~MMENT ON THE PLAN UPDATE IN THE HOPES THAT WE 7 WILL COMPLETE EVERYTHING IN MID-DECEMBER, 8 INCLUDING AN AGREEMENT, BEFORE WE BREAK FOR THE 9 HOLIDAYS. 1 0 .;, BUT WE JUST SIMPLY CANNOT GET TO FINALIZATION 1 1 WITHOUT KNOWING WHERE THE NEW STREET LAYOUT AND 1 2 NEW CONFIGURATION OF THE PARK WILL BE RELATIVE TO 13 THE WETLANDS -- THE NEW WETLANDS LINES THAT WE 1 4 HAVE KNOWLEDGE OF. 1 5 SO MY REQUEST FROM YOU IS DIRECTION TO 16 CONTINUE NEGOTIATING WITH INFORMATION THAT WE 17 DERIVE FROM THE UPDATE OF THE PLAN AND HAVE ALL 18 THAT IN FRONT OF YOU BEFORE WE BREAK FOR 1 9 CHRISTMAS. 20 MAYOR PARTYKA: OKAY. COMMISSIONER GENNELL? 21 OH, OKAY. 22 LET ME CLARIFY SOMETHING, SINCE IT'S KIND OF 23 MERGING WITH SOMETHING ELSE HERE. DOES THAT MEAN 24 UNDER PUBLIC HEARING UNDER A, THAT YOU'RE 25 SUGGESTING, BASED ON WHAT YOU'VE DONE (INAUDIBLE), (. ". \.. 4 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 14 1 5 1 6 1 7 18 19 20 21 22 23 24 25 THAT WE PO~TPONE THAT AGAIN BECAUSE THE NEGOTIATIONS ARE STILL ONGOING AND STILL PRODUCTIVE; IS THAT .RIGHT? MR. MCLEMORE: YES. I'M GOING TO SAY RELATIVE TO THAT, YOU HAVE TWO ALTERNATIVES. ONE IS DO NOTHING AND LET US CONTINUE ON AND TRY TO .GET THIS DONE AS QUICKLY AS POSSIBLE, OR YOU COULD TAKE THE POSITION THAT YOU'RE GOING TO GO AHEAD AND ADOPT THE ORDINANCE TONIGHT. WE DID HAVE SOME DISCUSSION OF SOME WAYS BY WHICH THE SCHRIMSHERS COULD PROTECT THEIR RIGHT TO SUE WHILE WE MOVED AHEAD. THAT WAS NOT THE ALTERNATIVE THAT WAS CONSIDERED A BETTER ALTERNATIVE, BECAUSE IT BECOMES VERY COMPLICATED IN TERMS OF PRESERVING THEIR RIGHT TO SUE. THEY ONLY HAVE A LIMITED AMOUNT OF TIME AFTER YOU ADOPT THE ORDINANCE TO FILE THEIR CASE. SO I THINK THE PREFERRED METHOD IS JUST EVERYBODY KEEP THEIR HATS ON AND GIVE US ANOTHER 30 DAYS TO GET THIS PLAN DONE AND, HOPEFULLY, WE WILL BE BACK TO YOU CERTAINLY NO LATER THAN YOUR MEETING IN DECEMBER WITH, HOPEFULLY, AN AGREEMENT IN OUR HANDS, PLUS THE READING TO ADOPT. MAYOR PARTYKA: SO YOUR SUGGESTION WOULD BE TO POSTPONE? 5 . 1 MR. MCLEMOR~: I THINK THAT WOULD BE THE BEST 2 WAY TO GO, YES. 3 MAYOR PARTYKA: ALL -RIGHT. OKAY. ANY 4 COMMENTS ON THAT, COMMISSIONERS? ANYONE? OKAY. 5 THAT'S IT FOR THIS SECTION. 6 (WHEREUPON, A RECESS WAS TAKEN FROM 5:52 TO 7 8:10 P.M.) 8 MAYOR PARTYKA: OKAY. UNDER PUBLIC HEARINGS, 9 A, COMMUNITY DEVELOPMENT DEPARTMENT. FROM THE 10 WORKSHOP, I BELIEVE WE ARE LOOKING FOR AMOTION TO 11 POSTPONE, OR IS THERE NOT A MOTION NEEDED? 12 MR. MCLEMORE: I THINK WE SHOULD HAVE A 13 MOTION TO POSTPONE. 14 MR. BLAKE: WE NEED A MOTION TO POSTPONE TO A 15 DATE CERTAIN IN ORDER TO PRESERVE ADVERTISING. 16 AND I'LL BE GLAD TO MAKE THAT MOTION WHEN IT'S 17 TIME, BUT I SEE -- 18 MAYOR PARTYKA: COMMISSIONER GENNELL. 19 DEPUTY MAYOR GENNELL: I WAS JUST GOING TO 20 MAKE THE MOTION. 21 MR. BLAKE: I'LL MAKE A MOTION TO POSTPONE 22 THE SECOND OR THIRD READING OF ORDINANCE 707 UNTIL 23 THE FIRST MEETING IN DECEMBER, DECEMBER 13, I 24 BELIEVE THE DATE IS; IS THAT CORRECT? 25 MR.~CLEMORE: YES, IT'S THE 13TH. . . (e. <. ,e 6 1 2 3 4 5 6 7 8 9 10 1 1 1 2 1 3 14 1 5 16 1 7 18 19 20 21 22 23 24 25 MR. MILLER: SECON~. MAYOR PARTYKA: SECONDED BY COMMISSIONER MILLER. ANY FURTHER DISCUSSION? CALL THE VOTE. CLERK: DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL: AYE. CLERK: COMMISSIONER BLAKE. MR. BLAKE: AYE. CLERK: COMMISSIONER MILLER. MR. MILLER: AYE. CLERK: COMMISSIONER MCLEOD. MR. MCLEOD: AYE. MAYOR PARTYKA: OKAY. MOTION PASSES. MR. BLAKE: MR. MAYOR, THERE WERE SOME PEOPLE HERE THAT WANTED TO SPEAK ON THIS ITEM. DID WE WANT TO ALLOW THEM TO SPEAK? MR. MCLEOD: NO. MAYOR PARTYKA: DO YOU WISH TO SPEAK? MR. GRINDSTAFF: NO, SIR. WE ARE IN CONCURRENCE ON THE POSTPONEMENT UNTIL DECEMBER 13TH. WHAT ABOUT THE ADD-ON AGENDA, ADD-ON ITEM F? IS THAT IN -- MR. BLAKE: THAT WAS ALREADY TAKEN CARE OF, YES, SIR. 7 . .( 1 2 3 4 5 6 7 8 9 ".0 1 1 1 2 1 3 14 1 5 1 6 1 7 18 19 20 21 22 23 24 25 P.M. ) . ~ M~. GRINDSTAFF: THANK YOU VERY MUCH. MR. MCLEMORE: ONE ADDITIONAL ITEM, MR. MAYOR. I THINK WE SHOULD BE ON RECORD THAT THEY ARE IN AGREEMENT WITH THE STANDSTILL EXTENDING TO THE 13TH. MAYOR PARTYKA: COME UP HERE, MR. GRINDSTAFF. MR. BLAKE: THAT'S NORMALLY SOMETHING I DO. THAT'S MY PART." MR. GRINDSTAFF: THAT WOULD HAVE GONE WITHOUT SAYING. MR. MAYOR, MICKEY GRINDSTAFF, THE LAW FIRM OF SHUTTS & BOWEN. WE REPRESENT THE SCHRIMSHER GROUP. ADDRESS IS 20 NORTH ORANGE AVENUE, O~LANDO, FLORIDA 32801. WE ARE IN AGREEMENT WITH THE POSTPONEMENT OF THIS MATTER UNTIL DECEMBER 13, 1999, AS WAS INDICATED BY THE CITY MANAGER, AND WE WOULD AGREE TO CONTINUE THE STANDSTILL ARRANGEMENT AS WE HAVE DONE FOR THE LAST SEVERAL TIMES. THANK YOU VERY MUCH FOR YOUR EFFORTS AND COOPERATION. MR. BLAKE: THANK YOU. MAYOR PARTYKA: THANK YOU VERY MUCH. (WHEREUPON, THE MEETING WAS CONCLUDED AT 8:15 ;. \... 8 1 2 3 4 CERTIFICATE OF OATH 5 6 7 8 STATE OF FLORIDA) COUNTY OF ORANGE) 9 10 I, SANDRA A. MOSER, REGISTERED PROFESSIONAL REPORTER, CERTIFY THAT I WAS AUTHORIZED TO AND DID 11 STENOGRAPHICALLY REPORT THE FOREGOING PROCEEDING AND THAT THE TRANSCRIPT IS A TRUE REC~~. 1 2 ' .:. \, ;. \ - I FURTHER CERTIFY THAT I AM NOT A RELATIVE, 13 EMPLOYEE, ATTORNEY OR COUNSEL OF ANY OF THE PARTIES, NOR AM I FINANCIALLY INTERESTED IN THE ACTION. 1 4 15 DATED THIS 17TH DAY OF NOVEMBER, 1999. 16 1 7 ~;~c..) Q.\'(\C'\1.., e.. 18 ------------------------------ SANDRA A. MOSER, R.P.R. 19 NOTARY PUBLIC- STATE OF FLORIDA 20 21 22 .~'''''''' SANORA ~ MOSER l~i'>' MY COMMISSION · CC 733210 !*:. :*! EXPIRES: April 12.2002 . 't... " Bonded"\lUNcllryP\lllliC\JndeI'WIilIfS ..Rf" 23 24 25 d' ORIGINAL , '. .~;. ,. ,1 . .. '~';.' . .', .r... ~ .' .~; .~:\: ';~ ~ " '." . . ~. - . - . , " .- - " ,'I' .' .,..... .," " ',..' . -. " " '.. .;.'. " r. "" ~. ,'- .~:., ,''f. .:",.', :.', , ' . I '. . .~ .~ ~. . . . -'..' - "0' . . '. , " . 'CITY OF WIN,TER '$PRINGS, F.LORIDA - tl. CITY COMMISSION:' , ' .. . . . -------------- '" ~: . , , '. TRANSCRiPT OF,~ORK~~OP ~ND REGUL~R-MEETING HELD ON" .' t. '. . ~ . -,DECEMBER 13,1~99, BEGINNING AT 5:00 P.'M. AT CITY ,COMMIssiriNCHAMBERS, 1~26EAST.STATE_ROAD 434, ;. " '. . . 'WINTER'~PRING~, FLORIDA,AN6 RE~ORTEO ~YSA~DRA " ,'. .~. . . . ~.' -.. .. A.MOSE~~ R*GISTERED':PROFE~SIO~A~ ,REPORTER~AND 1..:" .~'., . . ' , ' - . : NOTARY' PUBLIC, STATE, OF.- 'FLORID,.A. AT L,ARGE,. .:, ',,' . - , ". ... . . '. ' ~'". . r- . . '.. - . ~ ... . ........ .... 1Jti",. ... .. .. . >.Realtim~~&hers, Inc. . ~(<d"f' " - -~, ": .~ ~~~1",,<;;. . .' :. ~. ,..'.' ;: . , . -':',' '; . ',:'.-' ::'Regl~er~ Professional Reporters. ': '," Certified Video Technicians" I: . 12mTM ~\]l88FOX,~,orrestClr~i~ ~~Pka,Flot1da32712 .(407)884~2. F~(4b7)~.'I~1 ' =~:a, ",' ''''',' :,,,,:' SandraA~PresJdent, '. :..'. '.' -, - ~. . A.poIlar , ,-ProfessJonaJReporttngSlnce 1977,:, .... . - -, ._._=.. . "\;. . /. ~, (. 2 1 PRO C E E DIN G S 2 (WHEREUPON, MATTERS NOT DEALING WITH THE TOWN 3 CENTER WERE DISCUSSED.) 4 MAYOR PARTYKA: IS THERE ANYTHING ELSE HERE 5 THAT ANYONE SEES THAT THEY NEED TO DISCUSS A 6 LITTLE BIT MORE? 7 MR. MCLEOD: WELL, I THINK THE FACT THAT 8 WE'VE GOTTEN THE SCHRIMSHER AGREEMENT, PERHAPS, 9 THAT IS NOW PLACED IN FRONT OF US, MAYBE WE NEED A 10 RECAP OF THAT AGREEMENT FROM THE CITY ATTORNEY AND 1 1 WHERE IS HIS INVOLVEMENT WITH IT, ALONG WITH THE 12 CITY MANAGER. IT MIGHT HELP SAVE SOME TIME WHEN 13 14 WE GET INTO THE REGULAR MEETING, TO KEEP FROM GOING BACK THROUGH THE WHOLE THING AGAIN. 1 5 MAYOR PARTYKA: I AGREE. DO YOU WANT TO 16 DISCUSS SOME OF THAT NOW, OR DO YOU WANT TO WAIT? 1 7 MR. GARGANESE: I'D LIKE TO WAIT FOR THE CITY 18 MANAGER TO COME. 19 (WHEREUPON, MATTERS NOT DEALING WITH THE TOWN 20 CENTER WERE DISCUSSED.) 21 MR. ~CLEOD: THE SCHRIMSHER ISSUE IS MUCH 22 MORE or AI IIIUI AT HAND. YOU MAY WANT TO POLL 23 THE REST OF ~NI COMMISSIONERS AND SEE WHERE THEY 24 ARE. 3 . 1 MAYOR PARTYKA: I AGREE WITH THE CONCEPT. I 2 WANT TO GET THIS OVER AND DONE WITH. WE'VE 3 BELABORED THIS ENOUGH AND I'LL DO WHATEVER. 4 OKAY. WE'LL DO THAT. THAT'S FINE. 5 LET'S GOON THEN. DO YOU WANT TO DISCUSS THE 6 SCHRIMSHER SITUATION OR DUNCAN BOWMAN SITUATION 7 FIRST? 8 MR. MCLEOD: I THINK THAT IF WE'RE GOING TO 9 MOVE BOWMAN'S MAYBE TO THE FRONT OF THE AGENDA, 10 E&H, THAT MAY BE SOMETHING THAT WE COULD GET OUT 11 OF THE WAY. SO THAT WHEN THAT COMES UP THIS 12 EVENING, PERHAPS THE QUESTION'S BEEN ANSWERED AND 13 IT'S APT TO MOVE FAIRLY QUICKLY, AND THEN WE CAN 14 GET INTO THE SCHRIMSHERS. 15 (WHEREUPON, MATTERS NOT DEALING WITH THE TOWN 16 CENTER WERE DISCUSS$D.) 17 MAYOR PARTYKA: NOW, LET'S TALK, I GUESS, 18 ABOUT ITEM C. AND THAT'S CONSIDER A THIRD READING . 19 20 21 22 23 24 OF ORDINANCE 707 ADOPTING THE PROPOSED TOWN CENTER DISTRICT BOUNDARY AND TOWN CENTER DISTRICT CODE. AND MR. MCLEMORE, YOU HAD GIVEN US A DOCUMENT HERE ABOUT THE SCHRIMSHER AGREEMENT. I WOULD IMAGINE YOU PROBABLY WANT TO SAY SOMETHING ABOUT THAT. . i. (. " ~. \II '. 4 1 MR. MCLEMORE: I DO. THIS IS NOT INTENDED TO 2 BE A FINAL ITEM. IT IS SIMPLY TO GIVE TO YOU AND 3 SHOW YOU WHERE WE ARE AS OF TODAY. THERE ARE 4 STILL A SMALL AMOUNT OF THINGS TO WORK OUT THAT I 5 THOUGHT WE'D TALK ABOUT TONIGHT. 6 THE ISSUE COMES DOWN TO, I GUESS, ADOPTION OF 7 THE CODE AND WHETHER YOU'RE GOING TO DO THAT 8 TONIGHT. YOU CERTAINLY WILL MOVE AHEAD WITH THE 9 LARGE-SCALE AMENDMENT, WHICH WOULD BE A 10 SUBSTANTIAL STEP FORWARD. 1 1 THIS AGREEMENT WILL TAKE A LITTLE BIT MORE 12 TIME TO FINISH OUT. I THINK, AGAIN, WE'RE IN THE 13 SAME POSITION WHERE IF YOU TRY TO ADOPT THE CODE 14 TONIGHT, YOU WILL CAUSE THE NECESSARY REACTION 1 5 FROM THEIR COUNSEL BECAUSE OF THE 30-DAY FILING 1 6 PERIOD ON A CAUSE OF ACTION AGAINST THE CITY. 1 7 I THINK WE'RE -- YOU KNOW, WE'RE 99 AND 18 NINE-TENTHS PERCENT WHERE WE NEED TO BE. I 19 THOUGHT WHAT WE WOULD DO IS GO OVER WITH YOU THE 20 ESSENTIAL PARTS OF THIS -- WE WORKED UP SOME 21 DOCUMENTS -- AND GO OVER A COUPLE OF ISSUES THAT 22 ARE STILL OUTSTANDING. THAT'S PROBABLY A GOOD 30- 23 TO 45-MINUTE DISCUSSION. I DON'T KNOW IF YOU WANT 24 TO DO THAT NOW OR WAIT TO DO THIS LATER ON ONCE , . " , 5 1 THE MEETING'S DONE. 2 MAYOR PARTYKA: MR. MCLEMORE, JUST AS A 3 PREFACE TO THIS, IS YOUR RECOMMENDATION GOING TO 4 BE TO CONTINUE THIS? 5 MR. MCLEMORE: OUR RECOMMENDATION WOULD BE TO 6 GET YOUR DIRECTION RELATIVE TO WHAT YOU SEE IN 7 THIS AGREEMENT, THEN TO SEW THE AGREEMENT UP AND 8 BRING IT BACK TO YOU THE FIRST MEETING IN 9 JANUARY. 1 0 AT THAT POINT IN TIME YOU'LL BE DOING THE 1 1 FIRST READING, HOPEFULLY, ON THE DEVELOPMENT 12 AGREEMENT. YOU'LL BE DOING I DON'T KNOW WHAT 1 3 READING IT WILL BE THIRD OR FOURTH READING ON 1 4 THE CODE. AND THE NEXT MEETING, WE WILL DO THE 1 5 SECOND READING ON THE DEVELOPMENT AGREEMENT AND 16 THE FINAL READING ON THE CODE. THAT'S MY 17 RECOMMENDATION. 18 MAYOR PARTYKA: OKAY. COMMISSIONERS, WOULD 1 9 YOU WANT TO HAVE MR. GRINDSTAFF SPEAK AT THIS 20 POINT, JUST AS BACKGROUND? 21 COMMISSIONER MCLEOD? 22 MR. MCLEOD: I DIDN'T QUITE UNDERSTAND. 23 MAYBE I'M A LITTLE DENSE. 24 THE CITY MANAGER'S RECOMMENDATION -- ARE YOU . . . 6 1 2 3 4 5 6 7 8 9 10 1 1 1 2 1 3 14 1 5 1 6 1 7 18 19 20 21 22 23 24 RECOMMENDING THAT WE MOVE FORWARD THIS EVENING WITH THE AGENDA ITEM IN FRONT OF US, OR ARE YOU RECOMMENDING THAT WE PUT THE AGENDA ITEM OFF UNTIL THE FIRST OF JANUARY AND DISCUSS THE AGREEMENT? MR. MCLEMORE: I'M RECOMMENDING THAT YOU PUT THE ADOPTION OF THE CODE OFF TO THE FIRST OF JANUARY, THAT WE GO ,OVER THE ESSENTIAL PARTS OF THIS-- I DIDN'T WANT TO CLOSE THIS UP WITHOUT YOU KNOWING PRETTY MUCH WHERE WE'RE AT AND GIVE US SOME DIRECTION TO MOVE FORWARD OR STOP. AND THEN ASSUMING WE'RE PRETTY MUCH ON THE SAME PAGE HERE TONIGHT AFTER THE DISCUSSION, WE FINALIZE THE AGREEMENT, BRING IT BACK THE FIRST OF JANUARY FOR THE FIRST READING OF THE DEVELOPMENT AGREEMENT, OR IS THIS WHERE WE TITLE THIS AT THIS POINT IN TIME. ALONG WITH THE -- I THINK IT'S THE SECOND READING, IT WOULD BECOME THE SECOND READING OF THE CODE. IT'S BEEN SO LONG NOW. AND THEN THE FOLLOWING MEETING, THE LAST MEETING IN JANUARY, WE DO THE SECOND READING ON THIS AGREEMENT AND THE FINAL READING ON THE CODE. SO ALL THAT WILL TAKE PLACE CONCURRENTLY. BUT YOU WOULD MOVE AHEAD TONIGHT ON A ;'. ~ '. . 7 1 SEPARATE ISSUE, WHICH IS THE LARGE-SCALE AMENDMENT 2 ON THE TOWN CENTER. 3 YOU'VE GOT TWO THINGS IN FRONT OF YOU 4 TONIGHT. YOU HAVE THE TOWN CENTER LARGE-SCALE 5 AMENDMENT, THEN YOU HAVE THE CODE. AND YOU GOT 6 THE THIRD THING IS THE DEVELOPMENT AGREEMENT. 7 WE'RE SAYING THE CODE AND THE DEVELOPMENT 8 AGREEMENT NEED TO BE ADOPTED TOGETHER. 9 MR. MCLEOD: IN JANUARY. 10 MR. MCLEMORE: RIGHT. AND AFTER GETTING YOUR 1 1 DIRECTION TONIGHT ON THIS AGREEMENT. 12 MR. MCLEOD: SO BASICALLY, FOR THE MEETING, 1 3 WE'RE TALKING ABOUT TAKING THE CODE OUT OF THE 1 4 AGENDA. 1 5 MR. MCLEMORE: CORRECT. 1 6 ,MR. MCLEOD: AND IT WOULD SEEM TO ME, THEN, 1 7 SEEING THAT WE ALL JUST NOW GOT THIS, THAT WE 18 WOULD TAKE TIME, OURSELVES, OVER THE NEXT WEEK, 19 READ THROUGH IT, ALLOW YOU AND THE SCHRIMSHERS TO 20 CONTINUE TO NEGOTIATE. 21 AND THIS, THEN, WOULD COME ON THE AGENDA AS 22 AN AGENDA ITEM FOR JANUARY, ALONG WITH THE CODE. 23 AND THIS SHOULD BE PLACED AHEAD OF THE CODE, I 24 GUESS, SO THAT WE'RE ALL IN AGREEMENT WITH THE . . . 8 AGREEMENT, RATHER THAN TAKING A LOT OF TIME UP THIS EVENING DISCUSSING IT, UNLESS YOU NEED A WHOLE LOT OF INPUT FROM THE COMMISSION. MR. MCLEMORE: NO. I DON'T WANT TO GO FURTHER WITH THE AGREEMENT UNTIL YOU UNDERSTAND THE ESSENTIAL PARTS OF THIS AGREEMENT. I DON'T WANT TO FINALIZE THE AGREEMENT, BRING IT TO YOU IN JANUARY, AND YOU SAY, WE'RE NOT GOING TO ADOPT THIS. SO WE NEED TO GET SOME RESPONSE FROM YOU TONIGHT, NOT A WORD-BY-WORD, BUT,' ESSENTIALLY, WHAT THE AGREEMENT IS. WHY DON'T YOU HIGHLIGHT WHAT I THINK IT WILL PROBABLY TAKE 30 MINUTES TO 45 MINUTES. IT MAY GO FASTER. MAYOR PARTYKA: COMMISSIONER GENNELL -- I'M 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 1 6 1 7 18 19 20 21 22 23 24 MR. MCLEOD: THAT IS? MR. MCLEMORE: PRESENTATION. MR. MCLEOD: EVENING? MR. MCLEMORE: MR. MCLEOD: MINUTES? MR. MCLEMORE: WE PLAN TO MAKE YOU A YOU'RE GOING TO DO THAT THIS YES. AND THAT'S GOING TO TAKE 45 . . . 9 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 1 5 16 1 7 18 19 20 21 22 23 24 SORRY. COMMISSIONER MCLEOD, YOU STILL HAVE THE FLOOR. I WANT TO ADD A LITTLE COMMENT THAT COMMISSIONER MCLEOD MADE. MR. MCLEOD: MY WHOLE THING IS, I THINK IF YOU'RE GOING TO GIVE US A PRESENTATION, THEN WE TAKE THE PRESENTATION AND RESPOND BACK TO YOU QUICKLY WITH THE INFORMATION. AND IF WE'RE NOT ADOPTING THIS THING TONIGHT, THEN LET'S TRY TO MOVE FORWARD, I THINK. I JUST DON'T -- WITH ALL THE AGENDA THINGS THAT'S POSSIBLY ON THIS AGENDA TONIGHT, I DON'T PLAN ON BEING HERE REAL LATE IF WE DON'T NEED TO BE. AND I THINK THIS IS IMPORTANT TO MAKE SURE EVERYBODY, SCHRIMSHERS AND YOURSELF AND THE CITY COMMISSION, IS ALL IN AGREEMENT IN THE DIRECTION WE'RE HEADING. THAT'S ALL I HAVE. MAYOR PARTYKA: IF I MAY, JUST TO ADD TO THAT. WE JUST GOT THIS, AND WE'VE HAD COMMENTS ON THIS MANY, MANY TIMES. EVEN IF YOU GIVE A PRESENTATION TO US, YOU CAN'T REALLY DIGEST THIS UNTIL YOU GET A CHANCE TO READ IT AND REALLY UNDERSTAND IT. SO TO GET FEEDBACK IS DIFFICULT BECAUSE, FROM MY STANDPOINT, I NEED TO UNDERSTAND IT, READ IT THOROUGHLY BEFORE ... ~ . . 10 1 I GET INTO IT. 2 I JUST FEEL LIKE I AGREE WITH COMMISSIONER 3 MCLEOD. WE JUST GOT THIS. THIS IS VERY, VERY 4 IMPORTANT. AND I CAN'T -- FROM MY STANDPOINT, 5 IT'S HARD TO MAKE A DECISION LIKE THIS. WE 6 MENTIONED THIS BEFORE IN THE PAST. 7 COMMISSIONER GENNELL. 8 MR. MCLEMORE: WELL, YOUR DIRECTION TO ME WAS 9 BRING THE AGREEMENT TONIGHT PARTIALLY, FULLY, AND 10 EXPLAIN WHATEVER ISSUES, IF ANY ISSUES, ARE 1 1 OUTSTANDING. THAT WAS YOUR DIRECTION TO ME. 12 MR. MCLEOD: I THINK WE NEED TO KNOW THE 13 OUTSTANDING ISSUES. 14 MR. MCLEMORE: AND I THINK THAT THAT TAKES UP 1 5 A MINOR PART OF THE DISCUSSION. BUT I, AGAIN, 1 6 FEEL STRONGLY ABOUT BASICALLY GIVING YOU THE 17 ESSENTIALS OF WHAT IT IS WE'RE TALKING ABOUT. I 18 THINK WE CAN DO THAT IN 30 MINUTES. 19 MAYOR PARTYKA: OKAY. 20 COMMISSIONER GENNELL. 21 DEPUTY MAYOR GENNELL: IF I UNDERSTAND THE 22 CONVERSATION SO FAR, WE'RE NOT GOING TO BE CALLED 23 UPON TO MAKE ANY OFFICIAL DECISION ON THIS 24 TONIGHT. YOU JUST WANT FEEDBACK FROM US. AND . '. ~ . 1 1 1 YOU'RE GOING TO PRESENT US THE HIGH POINTS, THE 2 CONCESSIONS WE'VE MADE, AS WELL AS THE CONCESSIONS 3 THEY'VE MADE, AS WELL AS WHAT OUTSTANDING POINTS 4 REMAIN UNRESOLVED; IS THAT RIGHT? 5 MR. MCLEMORE: THAT'S RIGHT. 6 DEPUTY MAYOR GENNELL: AND THE INITIAL 7 FEEDBACK, WE GIVE YOU TONIGHT. IF WE HAVE MORE 8 9 FEEDBACK, WE CAN GIVE YOU DURING THE NEXT COUPLE WEEKS. 10 MR. MCLEMORE: THAT'S CORRECT. 1 1 DEPUTY MAYOR GENNELL: THAT SUITS ME FINE. 12 MAYOR PARTYKA: COMMISSIONER MARTINEZ. 13 MR. MARTINEZ: WELL~ FIRST OF ALL, I'M NOT 1 4 TOO HAPPY WITH WHAT I HEARD. THE MANAGER SAYS 1 5 THAT WE MAY HAVE TO COME BACK AND SAY TO YOU, WE 16 DON'T LIKE THIS. SAME AS HAPPENED FIRST TIME 1 7 OUT. I THINK THAT THE MESSAGE WE CONVEYED TO YOU 18 WAS TO GO OVER THERE AND WORK ON SOMETHING THAT 1 9 WE'D BE HAPPY WITH. 20 I THINK IT'S IMPORTANT THAT WE AT LEAST BE 21 GIVEN SOME DIRECTION TONIGHT; HIGHLIGHTS, WHATEVER 22 IT IS YOU WANT TO TOUCH UP ON THIS AGREEMENT HERE, 23 SO WHEN WE READ IT, IT WILL BE EASIER TO 24 UNDERSTAND, AND, WHEN WE COME BACK, WE WILL BE . . . 12 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 14 1 5 16 1 7 18 19 20 21 22 23 24 MORE PREPARED, BETTER PREPARED, TO DEAL WITH THIS ISSUE. MR. MCLEMORE: I THINK SO. I THINK YOU'RE RIGHT. MAYOR PARTYKA: ANYONE ELSE? IF NOT, RON, GO AHEAD. MR. MCLEMORE: DO YOU WANT TO DO THIS NOW? MAYOR PARTYKA: YES. YOU SAID YOU NEEDED SOME TIME, RIGHT? YOU CAN DO IT. MR. MCLEMORE: COMMISSIONERS, HOLD ON. DO YOU WANT TO DISCUSS A LITTLE BIT OF THIS NOW? MAYOR PARTYKA: UNLESS THERE'S SOME OTHER ISSUE YOU WANT TO DISCUSS. BUT I GOT THE IMPRESSION THAT WE WANTED TO MAKE SURE WE GOT THROUGH THIS SCHRIMSHER ISSUE. THERE'S NOTHING ELSE PRESSING ON THE AGENDA. NOW, CORRECT ME IF I'M WRONG, BUT I DIDN'T SEE ANYTHING ELSE THAT ANYONE MENTIONED. MR. MARTINEZ: ALL THESE ITEMS HERE MR. MCLEMORE: KIP, WE'RE GOING TO NEED YOU FOR THIS DISCUSSION. MR. MARTINEZ: -- D, E, AND F, YOU ARE REQUESTING THE FORWARDING OF OUR SCALE COMPREHENSIVE PLAN AMENDMENTS. I NOTICED THAT 13 . 1 SANDWICHED IN-BETWEEN HERE. THERE ARE PLANNING 2 AND ZONING MINUTES DEALING WITH PARCEL 7 AND 8. 3 IS THIS SUPPOSED TO BE THERE OR WHAT? 4 (WHEREUPON, MATTERS NOT DEALING WITH THE TOWN 5 CENTER WERE DISCUSSED.) 6 DEPUTY MAYOR GENNELL: I THINK IT'S PROBABLY 7 IMPORTANT THAT WE GO OVER THE SCHRIMSHER AGREEMENT 8 IN PUBLIC. HOPEFULLY, WE CAN HAVE SOME MORE 9 PEOPLE IN ATTENDANCE HERE AND THEY CAN BENEFIT, 1 0 ALSO, ON THE DETAILS OF WHAT'S OUT HERE IN THIS 1 1 AGREEMENT INSTEAD OF US TRYING TO EXPLAIN IT TO 12 THEM LATER AND THEM ASKING QUESTIONS. .'" ," , 3 MAYOR PARTYKA: OKAY. 1 4 DEPUTY MAYOR GENNELL: YOU KNOW, WE'RE GOING 1 5 TO HAVE A DECENT NUMBER OF PEOPLE HERE TONIGHT. 1 6 MAYOR PARTYKA: OKAY. IS THAT IT, 1 7 COMMISSIONER? 18 DEPUTY MAYOR GENNELL: YES, THAT'S ALL. I 19 THINK IT WOULD BENEFIT THE PUBLIC TO HEAR THE 20 DETAILS OF THIS DRAFT AGREEMENT, IS WHAT I'M 21 SAYING. 22 MAYOR PARTYKA: COMMISSIONER MCLEOD. 23 MR. MCLEOD: YES. BACK TO WHAT MR. MARTINEZ 24 HAD MENTIONED. ~' . . 1 1 12 , 13 1 4 1 5 1 6 1 7 18 19 20 21 22 23 24 . '\.. 14 1 (WHEREUPON, MATTERS NOT DEALING WITH THE TOWN 2 CENTER WERE DISCUSSED.) 3 MAYOR PARTYKA: COMMUNITY DEVELOPMENT 4 DEPARTMENT REQUESTS THE COMMISSION CONSIDER A 5 THIRD READING OF ORDINANCE 707 ADOPTING THE 6 PROPOSED TOWN CENTER DISTRICT BOUNDARY AND TOWN 7 CENTER DISTRICT CODE. ,8 MR. GARGANESE, COULD YOU READ THAT BY TITLE 9 ONLY. 10 MR. GARGANESE: ORDINANCE NUMBER 707, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING THE TOWN CENTER BOUNDARY AND DISTRICT CODE TO BECOME PART OF CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. MAYOR. MAYOR PARTYKA: OKAY. THANK YOU. COMMISSIONERS, AT THIS POINT I'LL TURN IT OTHER TO STAFF, AND I BELIEVE MR. MCLEMORE ALSO WANTS TO BRING UP SOME THINGS. AND I ALSO HAVE A COUPLE PEOPLE THAT WISH TO SPEAK FROM THE PROPERTY OWNER. OKAY. HOW DO YOU WANT TO HANDLE THIS, RON? ~ . '""- . '..... 15 1 MR. MCLEMORE: JUST A MOMENT, PLEASE. 2 MAYOR PARTYKA: JUST FOR EVERYBODY'S 3 INFORMATION, THIS IS DISCUSSION OF THE SCHRIMSHER 4 AGREEMENT, POTENTIAL IMPACT ON THIS. 5 MR. MCLEMORE: IT IS. AND WE 'ARE, AGAIN, 6 PROPOSING THAT WE NOT ADOPT THIS TONIGHT. WE ARE 7 PROPOSING THAT WE HAVE A DISCUSSION WITH YOU 8 REGARDING THE SENSE OF THE AGREEMENT THAT WE 9 HAVE. WE THINK THAT WE'RE PRETTY WELL AT CLOSURE, 1 0 LACKING A FEW ITEMS TO RESOLVE. 1 1 AND TO HAVE THIS COME BACK TO THE COMMISSION 12 ON THE FIRST MEETING OF JANUARY WITH THE FIRST 13 READING OF THE AGREEMENT, AND THEN THE SECOND 14 READING ON THIS. THE SECOND READING WOULD BE THE 1 5 SECOND MEETING IN JANUARY WITH THE SECOND READING 1 6 OF THE AGREEMENT. 1 7 SO AT THIS POINT IN TIME, WE NEED TO HAVE 18 DISCUSSION WITH YOU RELATIVE TO THE AGREEMENT 19 ITSELF AND GET SOME ,DIRECTION FROM YOU AS TO 20 WHETHER WE MOVE FORWARD OR WHETHER WE 'NEED TO MAKE 21 SOME AMENDMENTS OR IF WE REVERSE GEARS OR WHATEVER 22 YOUR CHOICE IS. 23 MAYOR PARTYKA: WHAT'S YOUR PREFERENCE IN 24 TERMS OF THE METHOD? MR. SCHRIMSHER AND . . . 16 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 1 5 1 6 1 7 1 8 19 20 21 22 23 24 MR. GRINDSTAFF WANT TO SPEAK. DO YOU WANT TO WAIT UNTIL THE CITY MANAGER TAKES HIS POSITION AND THROWS OUT THE HIGHLIGHTS, OR DO YOU WANT TO SPEAK NOW? MR. MCLEMORE: WELL, I THINK IT MAY BE HELPFUL TO HIM IF WE GO FIRST. HE CAN PUT HIS ISSUES ON THE TABLE. I'M GOING TO COME DOWN IN FRONT, IF IT'S OKAY WITH YOU. MAYOR PARTYKA: COMMISSIONER GENNELL, DO YOU WANT TO SAY SOMETHING NOW? DEPUTY MAYOR GENNELL: I JUST HAVE A QUESTION RELATIVE TO THE PIECE OF PAPER THAT'S IN FRONT OF US. ON THE SECOND PAGE IT SAYS -- UNDER CONSIDERATIONS, THE FIRST BULLET, IT SAYS, ORDINANCE 707 -- WHICH IS THE ONE WE'RE DISCUSSING -- WOULD REPLACE ORDINANCE 661. NOW, WHAT WAS 661? MR. GRIMMS: ORDINANCE 661 WAS WHAT THIS BOARD PASSED, I BELIEVE, BACK IN 1997. IT WAS A TOWN CENTER OVERLAY ZONING DISTRICT. THIS DISTRICT IS A SEPARATE STANDING DISTRICT. IT IS NOT AN OVERLAY DISTRICT, THIS PROPOSED ORDINANCE 707. . :. . 17 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 15 16 1 7 18 19 20 21 22 23 24 DEPUTY MAYOR GENNELL: DOES IT CHANGE THE ORDERS ANY? DOES IT CHANGE THE PHYSICAL GEOGRAPHICS? MR. GRIMMS: YES, IT DOES. IT'S NOT CO-TERMINUS WITH THE OVERLAYS ON THE DISTRICT OF THE TOWN CENTER THAT WAS PASSED IN 1997. DEPUTY MAYOR GENNELL: WELL, THEN, I WOULD JUST REQUEST, INASMUCH AS WHAT WE'RE GOING TO BE CONSIDERING IS GOING TO REPLACE AN EXISTING ORDINANCE THAT WE ALREADY PASSED WHERE THERE ARE DISCREPANCIES, I'D LIKE IT TO BE NOTED FOR OUR BENEFIT. THANK YOU. MAYOR PARTYKA: OKAY. THANK YOU. ALL RIGHT. RON, IT'S YOUR FORUM. MR. MCLEMORE: OKAY. MAYOR PARTYKA: MR. MCLEMORE, WHILE YOU'RE DOING THAT, COULD WE HAVE EXTRA COPIES FOR PEOPLE, FOR ANYBODY? MR. MCLEMORE: I DO NOT HAVE EXTRA COPIES, BUT WE'RE GOING TO PUT IT UP ON THE SCREEN. MAYOR PARTYKA: IF ANYBODY DOES WANT, AT THE END, AN EXTRA COPY, WE WILL MAKE THOSE AVAILABLE. OKAY. WHY DON'T WE JUST MR. MCLEMORE: THE FIRST THING I WANT TO DO . . . 18 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 1 7 18 1 9 20 21 22 23 24 IS JUST FAMILIARIZE YOU WITH THESE TWO DOCUMENTS OR THREE PAGES RIGHT HERE. THERE'S TWO DIFFERENT REPRESENTATIONS. AND WHAT WE'RE TRYING TO DEMONSTRATE HERE IS MAYOR PARTYKA: MR. MCLEMORE: 1$ THAT MICROPHONE WORKING? IT SHOULD BE. CAN YOU HEAR ME? MAYOR PARTYKA: YES, NOW I CAN. YOU'VE GOT TO GET UP CLOSER. MR. MCLEMORE: THERE'S TWO DIFFERENT PAGES. IF YOU WANT TO MARK THEM 1 AND 2, WE CAN DO THAT. IF YOU'LL LOOK O~ THE BOTTOM ONE, IT SAYS, NET TO DEVELOPER, 2 MILLION 059. MAKE THAT PAGE 1, AND WE'LL MAKE THE OTHER ONE PAGE 2. NOW, THE ONLY DIFFERENCE IN THESE TWO PAGES IS ONE INCLUDES A SECTION ON AMENITIES, AND THAT IS ON PAGE 1. THE AMENITIES PACKAGE AT THE BOTTOM, YOU'LL SEE, INCLUDES DEMONSTRATING THE TRAIL, THE UNPAVED SECTION OF THE TRAIL, THE PAVED SECTION OF THE TRAIL, CONSTRUCTING A MAGNOLIA PARK TRAIL HEAD, AND THEN OVERALL PARK IMPROVEMENTS THAT ARE THROUGHOUT THE TOWN CENTER. SO THOSE AMENITIES, WE WOULD SAY, HAS A VALUE TO A FUTURE DEVELOPER AND, FOR THAT PURPOSE, WE ft . ..... . ',-- . I .:. 19 1 THINK THEY SHOULD BE SHOWN ON THE SHEETS. 2 PAGE 2 IS THE SAME THING WITHOUT THE 3 AMENITIES. THAT'S THE ONLY DIFFERENCE. 4 PAGE 3 IS A NEW PAGE 11. THAT WOULD BE IN 5 THE TOWN CENTER CODE. THAT REPRESENTS THE CHANGE 6 THAT'S THIS PAGE -- REPRESENTS THE IN THE 7 CHANGE IN THE ACTUAL CONFIGURATION OF STREETS. 8 AND THAT IS A RESULT OF THE REVISED WETLAND 9 INFORMATION WE HAD THAT CAUSED US TO GO BACK TO 10 THE DRAWING BOARDS AND BRING THAT WETLAND 1 1 INFORMATION INTO CONSIDERATION FOR FINALIZING THE 12 CONCEPT PLAN. 1 3 AS YOU CAN SEE BY WHAT'S IN FRONT OF YOU -- 14 KIP, CAN YOU THROW THAT ONE UP? 1 5 MR. LOCKCUF: WHICH ONE? 16 MR. MCLEMORE: THIS ONE. 17 MR. LOCKCUF: I HAVE TO GO AWAY FROM THIS 18 SCREEN. 19 MR. MCLEMORE: OKAY. FOR A MOMENT, IF YOU 20 WILL. 21 MR. LOCKCUF: WE CAN SHOW THIS ONE ON THE 22 CAMERA IF YOU WANT. 23 MR. MCLEMORE: OKAY. BASICALLY, THE MAP CHANGED THIS WAY. A PORTION OF THIS AREA HERE 24 . . '.:: . 20 1 BECAME DESIGNATED AS A WETLAND PARK BECAUSE THE 2 WETLANDS EXTENDED IN THAT DIRECTION. 3 IF YOU'LL RECALL, ALONG HERE THERE WAS A 4 BOULEVARD IN THE ORIGINAL PLAN THAT WENT FROM THE 5 WETLAND PARK OUT TO THE EDGE OF THE DEVELOPMENT 6 AREA. THAT HAS BEEN DONE AWAY WITH AND IS NOW 7 SHOWN AS A STREET. 8 AND THERE WAS A PARK SITE DOWN HERE THAT 9 WAS -- I FORGET THE NAME OF IT -- BUT ANYHOW, IT'S 1 0 BEEN BROKEN UP INTO TWO SEPARATE PARKS, SMALLER 1 1 PARKS. THAT'S PRETTY MUCH THE CHANGES THAT WE 12 WENT THROUGH. 13 THE RECONFIGURATION HAS BEEN RELATIVELY 1 4 MINOR. AND WE DID HAVE SUBSTANTIAL INPUT FROM 1 5 MR. SCHRIMSHER AND MR. SCHRIMSHER'S PLANNER AND 1 6 HIS ATTORNEY IN GOING THROUGH ALL OF THIS, AND WE 1 7 18 FELT LIKE WE CAME TO A PRETTY GOOD UNDERSTANDING OF A GOOD PLAN THAT WE COULD START OFF WITH AND 19 LIVE WITH FOR SOME TIME. 20 THERE WAS SOME SMALL CONFIGURATION OF THIS 21 AREA HERE THAT RESULTED IN A NARROWING OF THIS 22 CHANNEL DOWN INTO THE, WETLANDS ON THIS SIDE. BUT 23 OVERALL, THE CHANGES HAVE BEEN, IN MY OPINION, 24 RELATIVELY MINOR. . . . 21 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 '1 4 1 5 1 6 17 1 8 1 9 20 21 22 23 24 IF WE CAN COME BACK TO THE VALUES, PAGE 1, THE DISCUSSION THAT PURSUED WAS ONE OF AN APPROPRIATE AMOUNT OF CONSIDERATION FROM THE CITY FOR THIS LANDOWNER RELATIVE TO CONCERNS THAT THE LANDOWNER HAD THAT THE PLAN AND, PARTICULARLY, THE CODE COULD POTENTIALLY DO SOME VIOLENCE TO THE VALUE OF THEIR PROPERTY. AND THROUGH THESE PARTICULAR NEGOTIATIONS, OUR ATTEMPT WAS TO MITIGATE, FINANCIALLY, A THREAT OF VALUES TO THE PROPERTIES, MONETARILY. AND WE, AS PART OF THIS, REALIZED AND WE'VE HAD DISCUSSIONS ABOUT THIS RIGHT FROM THE BEGINNING, THAT IF WE DESIRED FOR THIS PROPERTY TO DEVELOP AS QUICKLY AS POSSIBLE AND START TO PUT VALUES ON THE TAX ROLLS, THEN THE CITY WOULD NEED TO BE A PARTNER WITH A FUTURE DEVELOPER, PROBABLY IN SOME TYPE OF INFRASTRUCTURE, IN ORDER TO GET THE PROJECT MOVING AND TO CREATE A MOTIVATION BY DEVELOPERS TO MOVE IN AN EXPEDITED WAY. SO RELATIVE TO THIS AGREEMENT AND I WOULD SAY THAT YOU SHOULD TREAT THESE PAGES AS A DRAFT IN THE SENSE THAT THEY -- SCHRIMSHER HAS NOT HAD AN OPPORTUNITY TO REVIEW THESE NUMBERS TO ANY GREAT EXTENT. THEY MAY WISH TO CHALLENGE THESE . . . 22 1 2 3 4 5 6 7 8 9 10 1 1 1 2 1 3 1 4 1 5 16 1 7 18 19 20 21 22 23 24 AND THEY COULD CHANGE, YOU KNOW,S PERCENT OR 10 PERCENT. BUT WHEN YOU LOOK AT THE BOTTOM LINE, THE CHANGES ARE NOT GOING TO BE SUBSTANTIAL RELATIVE TO THE CONTRIBUTION OF THE CITY. SO THESE PAGES ARE INTENDED TO INDICATE TO YOU WHAT THE DEVELOPER'S GIVING TO THE CITY AND WHAT THE CITY IS GIVING BACK TO OR THE LANDOWNER AND FUTURE DEVELOPERS, AND WHAT THE CITY IS GIVING BACK TO THE LANDOWNER AND FUTURE DEVELOPERS, IN SUCH A WAY, HOPEFULLY, THAT ALL THE PARTIES WIN. WHAT WE ARE SUGGESTING IS -- IF YOU LOOK UNDER "PARKS MISCELLANEOUS," THAT'S THE WHOLE SERIES OF THESE LITTLE SMALL POCKET PARKS OR LITTLE NEIGHBORHOOD-TYPE PARKS THAT ARE DISTRIBUTED THROUGH THE AREA -- THERE IS ONE IN CONTENTION THAT IS ONE OF THE ISSUES WE NEED TO TALK ABOUT. WE'LL TALK ABOUT THAT A LITTLE LATER -- INCLUDING MAGNOLIA PARK AND SHOWING YOU, BASICALLY, WHAT THE VALUES OF THOSE PARKS ARE BASED ON THE APPRAISAL WORK THAT WE HAD DONE. AND THEN YOU COME TO WETLAND PARK. AGAIN, WE SHOW YOU WHAT THE VALUES ARE THERE. TUSCAWILLA ROAD; THESE ARE COSTS THAT THE DEVELOPER OR THE . . . 23 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 1 5 16 17 18 19 20 21 22 23 24 OWNER IS GIVING UP TO THE CITY. THESE ARE LANDS THAT WOULD BE CONVEYED TO THE CITY AS PART OF THIS AGREEMENT, AND THIS IS WHAT WE THINK, BASICALLY, THE VALUES ARE. THE SUBTOTAL LINE IS SOMEWHERE AROUND 1.16. IT MAY CHANGE, IF THEY'RE CHALLENGED, BY A SMALL AMOUNT. WE DON'T THINK THEY WOULD BE SUBSTANTIAL. THEN WE TRIED TO REALIZE, IN TERMS OF THE TRAIL RELOCATION IN THE NEXT SECTION, THE DEVELOPER IS REQUIRED TO GIVE A 2-TO-1 LAND SWAP IN ORDER TO RELOCATE THE TRAIL, IF YOU'LL RECALL, UNDER STATE RULES. AND WE TRIED TO GIVE A FAIR REPRESENTATION OF WHAT THAT MEANT, FINANCIALLY, TO THE LANDOWNER. AND WHAT THE LANDOWNER GIVES AND THEN WHAT THE STATE GIVES BACK IS ON THESE TWO LINES. WHERE IT SAYS "TRAIL RELOCATION," THIS IS WHAT THE DEVELOPER IS GIVING TO SCHRIMSHER FROM THE STATE. THAT'S WHAT THE STATE IS GIVING BACK, WHICH IS THE EXISTING TRAIL. THOSE HAVE VALUES, AND THEY SHOW, POTENTIALLY, A NET LOSS TO THE LANDOWNER OF APPROXIMATELY 400,000. AGAIN, THESE NUMBERS CAN GO UP, THEY CAN GO DOWN. BUT THEY'RE FAIRLY REASONABLE, WE THINK, IN TERMS OF THE BEST . . . " 24 1 DATA WE HAVE, WHICH WAS THE ORIGINAL APPRAISALS 2 THAT WE HAD DONE. 3 THEN WE LOOK AT WHAT IS THE CITY PUTTING INTO 4 THIS DEAL FOR THE 1.6 THAT THE DEVELOPER HAS IN 5 THE DEAL, OR THE LANDOWNER HAS IN THE DEAL. AND 6 WHAT WE HAVE PROPOSED WAS THAT'THE CITY WOULD 7 IMPROVE TUSCAWILLA ROAD -- BACK TO THE MAP. OH, 8 WE CAN COME BACK TO THE MAP. 9 MR. BLAKE: PUT THE MAP ON ONE SIDE. 10 MR. MCLEMORE: OKAY. 1 1 MR. MCLEOD: LOOKS LIKE THEY WOULD FIT ON 12 13 THERE SIDE-BY-SIDE. MR. MCLEMORE: TUSCAWILLA ROAD. OBVIOUSLY, 14 THIS SECTION ALONG HERE HAS TO BE WIDENED IN ORDER 15 TO ACCOMMODATE THE MAIN STREET CONCEPT. WE ARE 1 6 PROPOSING THAT THE CITY WOULD WIDEN TUSCAWILLA 1 7 ROAD AND IMPROVE IT CONSISTENT WITH THE DESIGN IN 18 THE TOWN CENTER CODE. 19 WE'RE ALSO RECOMMENDING THAT WE WOULD IMPROVE 20 ONE OF THE MAIN ROADS GOING THROUGH THIS, THAT WE 21 WOULD GO TO OUR CIRCULATION PLAN AND ADD IT AS A 22 COLLECTOR ROAD, MAKING IT ELIGIBLE FOR IMPACT FEE 23 FINANCING. 24 AND WE'RE GOING TO HAVE TO GO TO A DIFFERENT . ~, . ,,=, . 25 1 MAP AT THIS POINT TO SHOW YOU WHAT WE PROPOSING AS 2 THE NEW COLLECTOR ROAD FOR THE TOWN CENTER. 3 AUDIENCE PARTICIPANT: COULD WE HAVE A MAP, 4 PLEASE? 5 MAYOR PARTYKA: YES. YES. PUT THE MAP OVER 6 THERE. 7 MR. MCLEMORE: THE NEW COLLECTOR ROAD ON THIS 8 PLAN WOULD COME AT THIS POINT AND GO AROUND 9 WETLAND PARK, JOIN TUSCAWILLA ROAD, AND THEN THIS 10 SECTION WOULD COME OUT AT MAGNOLIA PARK, GO OUT AN 1 1 EXIT JUST BEFORE YOU GET TO THE CITY HALL AREA, 12 AND FORM THE BASIC ROUTING OF TRAFFIC, OR THE 1 3 MAJOR ROUTING OF TRAFFIC IN THE TOWN CENTER. 14 NOW, AGAIN, WHEN THIS IS -- BY YOU 15 DESIGNATING THIS -- AND THAT'S IN THE AGREEMENT 16 THAT YOU AGREE TO DO THIS, THAT YOU AGREE TO 17 DESIGNATE, IN YOUR CIRCULATION PLAN, THIS ROAD AS 18 A COLLECTOR ROAD, MAKING IT ELIGIBLE FOR IMPACT 19 FEE FINANCING. 20 NOW, WE'VE ANALYZED THE IMPACT FEE RATES AT 21 THIS POINT IN TIME AND WE HAVE DETERMINED THAT 22 THIS ROAD CAN BE CONSTRUCTED WITH IMPACT FEES 23 WITHOUT AN INCREASE IN IMPACT FEES. WE MIGHT HAVE 24 TO DO SOME SHORT-TERM BORROWING WHILE THAT MONEY '. . '<:. . 26 1 CATCHES UP, BUT THERE'S SUFFICIENT MONIES WITHIN 2 THE IMPACT FEE ORDINANCE TO BUILD THIS ROAD OVER A 3 PERIOD OF YEARS. 4 MAYOR PARTYKA: IF I MAY IMPOSE, COMMISSIONER 5 BLAKE HAS A SPECIFIC QUESTION AT THIS POINT. 6 MR. MCLEMORE: OKAY. 7 MR. BLAKE: DO WE HAVE ANY COUNTY 1-CENT 8 SALES TAX THAT COULD BE USED AS A TRANSPORTATION 9 COMPONENT, AS WELL? 10 MR. MCLEMORE: YES, WE DO. 1 1 MR. BLAKE: HAVE YOU UTILIZED THAT IN ANY OF 1 2 YOUR CALCULATIONS? 13 MR. MCLEMORE: YES, WE HAVE. 1 4 MR. BLAKE: THANK YOU. 1 5 MAYOR PARTYKA: DO YOU WANT TO ASK 1 6 SOMETHING? YOU HAD YOUR LIGHT ON THE LONGEST, BUT 1 7 I FIGURED YOU WEREN'T REAL ANTSY ABOUT IT. YOU 1 8 WANTED SOMETHING ELSE? 1 9 MR. MCLEOD: WASN'T I MOVING ENOUGH? 20 MAYOR PARTYKA: COMMISSIONER MCLEOD HAD A 21 QUESTION, ALSO. 22 MR. MCLEOD: I'LL WAIT IF YOU'LL COME BACK TO 23 ME. 24 MAYOR PARTYKA: YES. OKAY. . . ~" . 27 1 MR. MCLEOD: I HAVE SOME QUESTIONS. 2 MR. MCLEMORE: NOW, THE CONSTRUCTION OF THESE 3 ROADS WOULD ALSO INCLUDE PUTTING THE WATER AND 4 SEWER FACILITIES IN THE ROADWAY AS IT'S 5 CONSTRUCTED. AND THEN THE AGREEMENT ALSO 6 ANTICIPATES BRINGING IN WATER AND SEWER WATER'S 7 BASICALLY ALREADY HERE, BUT BRINGING IN SEWER TO 8 THE SITE FROM THE MAIN LINE THAT RUNS DOWN HOWELL 9 TUSCAWILLA. OKAY. SO THAT'S GOT TO CREEK 1 0 BE 1 1 MR. GRINDSTAFF: YOU NEED TO SLIDE THE PAGE, 12 RON. 13 MR. MCLEMORE: OKAY. OKAY. THIS ENTIRE AREA 14 IS SERVED -- THE SCHRIMSHER PROPERTIES -- BY 15 IMPROVING THE LINE AT TUSCAWILLA AND BRINGING IT 16 TO THE SITE. 17 IF YOU LOOK ON YOUR PAGES THAT SHOWS THE 18 VALUES AND BUDGETS, YOU'LL SEE THAT, UNDER 19 "DEDICATION TO SCHRIMSHER," THAT THE TUSCAWILLA 20 ROAD IMPROVEMENTS IS BUDGETED -- OR ESTIMATED TO 21 BE 407,000; THE COLLECTOR ROAD IMPROVEMENTS, 22 1,151,000; THE COLLECTOR ROAD UTILITIES, 250,000; 23 AND THE OFF-SITE UTILITIES -- THAT'S BRINGING THE 24 SEWER TO THE SITE. IT'S NOT BUILDING THE INTERNAL . . . 28 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 1 4 1 5 1 6 1 7 18 19 20 21 22 23 24 SYSTEM. IT'S BRINGING IT TO THE SITE -- IS ESTIMATED TO BE 1.1 MILLION. NOW, WHAT WE'RE PROPOSING TO DO WITH THE UTILITY SECTION IS TO CREATE A UTILITY CONNECTION FEE OR INCREASE OUR CONNECTION FEES WITHIN THE TOWN CENTER TO COVER THAT COST OVER A PERIOD OF TIME. THAT WOULD RESULT IN AN INCREASE IN CONNECTION FEES. AND THOSE CONNECTION FEES WOULD BE ONLY FOR THE TOWN CENTER. BUT WHAT IT DOES IS IT MAKES THE TOWN CENTER READY FOR DEVELOPMENT WITHIN TWO YEARS. AND THAT'S A TREMENDOUS BENEFIT TO THE DEVELOPER, AS WELL AS TO THE CITY, IN DOING ALL OF THIS. SO RECOGNIZING THAT SOME OF THESE NUMBERS MAY CHANGE A SMALL AMOUNT, I THINK THIS IS A GOOD, FAIR REPRESENTATION OF THE BASICS OF THE AGREEMENT. WE'RE AGREEING TO DO CERTAIN THINGS TO JUMP START THIS PROJECT, ADD VALUE TO THIS PROJECT, MITIGATE CONCERNS OF THE DEVELOPER. AND IT'S OUR POSITION, BASED ON THESE NUMBERS, THAT THE CITY'S CONTRIBUTION IS IN EXCESS OF WHAT THE DEVELOPER IS CONTRIBUTING. AND, HOPEFULLY, THAT GETS TO THE POINT WE'RE NOT ARGUING OVER PENNIES. YOU KNOW, WE CAN GET . . . 29 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 1 6 17 18 19 20 21 22 23 24 THIS THING DONE AND GET IT OUT OF THE WAY. IT'S SOMETHING WE NEED TO DO IF THIS IS SOMETHING THAT THE COMMUNITY REALLY VALUES AND WE DESIRE TO SEE SOME RETURNS FROM IT WITHIN THE NEAR FUTURE. THERE ARE OTHER SMALLER ITEMS IN THE AGREEMENT, BUT THEY BASICALLY ALL SWIRL AROUND THESE ISSUES. THE OTHER ISSUE THAT I HAD RAISED -- AND I HAD APOLOGIZED TO MR. SCHRIMSHER EARLIER, BECAUSE I WAS TO RAISE IT IN THE MEETING WE HAD LAST THURSDAY, I BELIEVE IT WAS, AND I FAILED TO DO IT -- THAT PART OF WHAT THE DEVELOPER, IN MY OPINION, SHOULD BE PROVIDING TO THE CITY IN RETURN FOR THIS DEAL IS THE AGREEMENT TO TAKE DOWN THE BILLBOARD THAT'S ON HIS PROPERTY THAT'S IN THE TOWN CENTER. AND IT'S GOING TO BE GOING ANYHOW. YOU ARE LOOKING AT AN ORDINANCE, WHICH YOU ARE DEVELOPING NOW -- WHICH YOU SHOULD HAVE IN FRONT OF YOU IN THE NEAR FUTURE TO PROVIDE THE CITY WITH AN AMORTIZATION SCHEDULE AND BUYOUT PROCEDURE TO TAKE DOWN THESE BILLBOARDS. IT'S MY OPINION THAT TAKING THE BILLBOARD DOWN SHOULD ,BE PART OF THIS DEAL. YOU DON'T WANT IT STICKING UP IN THE MIDDLE OF YOUR TOWN CENTER, . '. ~~ . 30 1 AND I THINK IT ADDS VALUE TO THE PROJECT. EVEN 2 THOUGH IT CERTAINLY IS MONEY FLOW FOR THE 3 DEVELOPER IN TERMS OF THESE DOLLARS, I DON'T THINK 4 IT REPRESENTS A LOT OF DOLLARS. I THINK IT'S 5 SOMETHING WE NEED TO DO AS PART OF THE WHOLE 6 CLEANUP OF THE AREA AND THE WHOLE EFFORT OF 7 GETTING THE TOWN CENTER JUMP-STARTED. 8 NOW, AT ISSUE, OTHER THAN GIVING THE 9 SCHRIMSHERS AND HIS REPRESENTATIVES AN OPPORTUNITY 10 TO REVIEW THESE NUMBERS -- I THINK THEY WANT THEIR 1 1 ENGINEER TO LOOK AT THEM, CALCULATE THEM, SEE IF 1 2 THEY'RE WITHIN THE BALLPARK -- IS THIS PIECE OF ' 1 3 PROPERTY "I." 1 4 THE QUESTION WE HAD RAISED WAS: DOES THE 1 5 CITY NEED TO TAKE "I"? IF YOU'LL SEE ON THE VALUE 1 6 SCHEDULE, WE SHOW IT AS THE CITY TAKING IT. THE 1 7 QUESTION WE HAVE -- AND I'VE BEEN TRYING TO TALK 18 TO YOUR DESIGNER, VICTOR DOVER, LAST FRIDAY AND 1 9 TODAY. HE'S NOT IN HIS OFFICE. HE'S IN ANOTHER 20 CITY. 21 THE THING WE TALKED ABOUT WAS THAT THIS 22 MAGNOLIA PARK IS SO SMALL, THE IDEA OF BUILDING A 23 BAND SHELL, OR SOMETHING OF THAT NATURE, AND BEING 24 ABLE TO HAVE A CROWD OF ANY SIZE THERE DOESN'T . . . 31 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 17 18 19 20 21 22 23 24 LOOK TO BE SOMETHING WE CAN DO. SO WE THOUGHT IN TERMS OF COULD WE TAKE THIS PROPERTY, INCORPORATE IT INTO MAGNOLIA PARK, AND HAVE A PARK AREA WHERE YOU COULD HAVE THAT KIND OF THING. THE DOWN SIDE OF THAT IS YOU DON'T HAVE THE REPRESENTATION OF BUILDINGS HERE THAT PROVIDES THIS WITH A KIND OF INTERNAL CITY PARK LOOK, WHICH IS WHAT YOUR DESIGNERS WERE ORIGINALLY TRYING TO DO. THE OT~ER CONSIDERATION IS THERE IS, AT YOUR OTHER PARK, CENTRAL WINDS, AN OPPORTUNITY TO DO THIS KIND OF THING? BUT THE DOWN SIDE IS WE WOULD NOT BE ABLE TO DO ANYTHING OF ANY SUBSTANTIAL COMMUNITY SIZE IN MAGNOLIA PARK, IN THE CENTER OF THE TOWN CENTER, IF WE DON'T ACQUIRE SOME ADDITIONAL LAND. SO THAT IS ON THE TABLE. VALUE-WISE, WE'RE TALKING ABOUT SOMEWHERE AROUND $175,000 IN VALUE, WHICH WOULD DROP OFF THE TABLE IF WE DIDN'T TAKE IT, VERSUS KEEPING IT ON THE TAX ROLLS AS TAXABLE PROPERTY WHERE WE'D HAVE BUILDINGS IN THE NEAR FUTURE. SO FROM OUR PERSPECTIVE, WE NEED TO KNOW FROM YOU, IS THIS A SENSIBLE AGREEMENT THAT YOU CAN SUPPORT? . . . 32 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 '4 1 5 1 6 1 7 18 , 9 20 21 22 23 24 SECONDLY, SOME DISCUSSION OF PARCEL -- IT'S NOT REALLY PARCEL "I". IT'S JUST -- WE'LL CALL IT PARCEL "I" FOR RIGHT NOW -- AS TO WHETHER WE SHOULD TRY TO TAKE THIS PROPERTY OR NOT. I DO NOT HAVE THE ABILITY TO GIVE YOU THE ADVANTAGE OF VICTOR'S THINKING AT THIS POINT IN TIME, BECAUSE I JUST COULDN'T GET TO HIM. LET ME STOP AT THIS POINT AND ANSWER ANY QUESTIONS YOU MIGHT HAVE, AND THEN WE'LL LET MR. SCHRIMSHER COME FORWARD, AND HE HAS A NUMBER OF ISSUES HE WANTS TO TALK ABOUT. MAYOR PARTYKA: COMMISSIONER MCLEOD, COMMISSIONER BLAKE, COMMISSIONER GENNELL. COMMISSIONER MCLEOD. MR. MCLEOD: WHERE DID WE COME UP WITH A LAND VALUE? MR. MCLEMORE: WE HAD THIS PROPERTY APPRAISED LAST YEAR. MR. MCLEOD: THERE WAS AN APPRAISAL ON EACH PIECE OF THIS? MR. MCLEMORE: THE MAJOR PARTS OF IT, YES. MR. MCLEOD: SO AM I LOOKING AT THIS RIGHT THAT THE "AU -- WHERE IS "A" LOCATED? AND ARE WE GOING TO GET THAT PARTICULAR MAP THAT YOU HAVE . . . 33 1 2 3 4 5 6 7 8 9 10 , , 12 13 14 1 5 16 1 7 '8 '9 20 21 22 23 24 THERE TO GO ALONG WITH OUR SCHEDULE? MR. MCLEMORE: OH, SURE. AT THAT SIZE, IT WILL BE VERY SMALL, BUT WE CAN REPRODUCE THIS SIZE FOR YOU. MR. MCLEOD: BECAUSE THIS DOESN'T MEAN A WHOLE LOT WITH ALL THESE NUMBERS ON IT IF I CAN'T TELL WHAT THEY GO TO. MR. MCLEMORE: I UNDERSTAND. MR. MCLEOD: I'M LOOKING AT "A" THERE, IF THAT'S WHAT YOU WERE POINTING AT DOWN THERE, IS .24 OF AN ACRE MR. MCLEMORE: RIGHT. MR. MCLEOD: -- AT ALMOST 50,000. THAT'S $205,000 PER ACRE. MR. MCLEMORE: THAT'S BECAUSE THE UPLANDS ON THE 434 SIDE APPRAISED AT A MUCH HIGHER VALUE THAN THE PROPERTY IN THIS AREA. MR. MCLEOD: WHERE IS "B" LOCATED? MR. MCLEMORE: RIGHT HERE. MR. MCLEOD: THAT'S APPRAISED ABOUT THE SAME. OKAY. AS AN AVERAGE $160,000 AN ACRE; IS THAT CORRECT, TO AVERAGE THIS? 703 ACRES DIVIDED BY 4.38 FOR PARKS? MR. MCLEMORE: YES. CORRECT. . '. '{!!. . 34 1 MR. MCLEOD: I RECENTLY WAS LOOKING AT 2 PROPERTY IN THE CITY, A SIZEABLE CHUNK THAT YOU 3 MAY BE AWARE OF, AND BELIEVE ME, I WASN'T LOOKING 4 AT NO $160,000 AN ACRE. AS A MATTER OF FACT, I 5 WAS TRYING TO CONSIDER FIGURE OUT HOW I WAS 6 GOING TO MAKE ANYTHING AT A MUCH LESSER NUMBER 7 THAN THAT. 8 SO I'M SURPRISED TO SEE WHAT THE,AVERAGE 9 NUMBER PER ACRE IS ON THIS THING, WHICH IS 1 0 ACTUALLY GOING AS A CREDIT, REALLY, THAT THEY'RE 1 1 GETTING CREDITED FOR, CORRECT? 12 MR. MCLEMORE: WELL, THESE ARE CONTRIBUTIONS 13 THEY'RE MAKING TO THE CITY. 14 MR. MCLEOD: SO IT'S BASICALLY, IN MY 1 5 OPINION, AN INFLATED CONTRIBUTION. 1 6 BUT MY QUESTION WOULD BE, IS OUR CONTRIBUTION 1 7 INFLATED AS MUCH, OR ARE THOSE TRUE NUMBERS? 18 MR. MCLEMORE: I CAN'T TELL YOU THE NUMBERS 19 ARE INFLATED UNLESS YOU WANT TO TAKE THE APPRAISER 20 ON. 21 MR. MCLEOD: I UNDERSTAND. WHO WAS IT? WAS 22 IT OUR APPRAISER? 23 MR. MCLEMORE: IT WAS OUR APPRAISER, RIGHT. 24 ON OUR NUMBERS, YOU KNOW, WE CAME AS BEST WE . . . 35 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 15 16 1 7 18 19 20 21 22 23 24 COULD BASED ON ESTIMATES THAT WERE DEVELOPED BY CONKLIN & PORTER, AND THEY'RE HERE TO TALK IF YOU'D LIKE FOR THEM TO. MR. MCLEOD: I GUESS MY QUESTION WOULD BE, HOW CLOSE ARE THOSE APPRAISAL NUMBERS TO THE SCHRIMSHERS' APPRAISER'S NUMBERS? MR. MCLEMORE: I WOULDN'T KNOW THE ANSWER TO THAT. MR. MCLEOD: MY DEALING WITH A LOT OF APPRAISERS HAS BEEN USUALLY IF I GIVE THEM A NUMBER, I'LL FIND THAT I COME VERY CLOSE TO THAT NUMBER. MR. MCLEMORE: WELL, OBVIOUSLY, IN THE CASE OF THE CITY, WE DID NOT GIVE A NUMBER. WE HAD DONE NO PRIOR WORK TO REALLY KNOW WHAT THEY WERE WORTH. WE JUST GAVE THE INSTRUCTIONS TO DO THE APPRAISAL. MR. MCLEOD: THEY JUST APPEAR -- WELL, MR. PARTYKA, SIR, YOU PRESENTLY ARE HAVING A LOT OF INVOLVEMENT WITH APPRAISALS AND PRICES OF PROPERTY WITHIN THE CITY. HOW DO YOU FEEL ABOUT THOSE NUMBERS? MAYOR PARTYKA: I WAS JUST DOING SOME CALCULATIONS HERE OF SOME KNOWN PRICES. I KNOW -- . . 36 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 15 16 17 18 19 20 21 22 23 24 PROPERTY'S GOING OUT THERE AT -- WELL, RAW LAND IS GOING AT $4 A SQUARE FOOT ALL THE WAY UP TO $12 A SQUARE FOOT. I MEAN, I'M STILL REVIEWING THIS, YOU KNOW. IT SEEMS HIGH. BUT RIGHT NOW THE PRICING IS $4 TO $12 UP THERE. EXACTLY WHERE WHICH-- WHAT YOU KNOW, THAT'S -- MR. MCLEOD: WELL, IT'S ACTUALLY -- WHAT WE'RE DEALING WITH HERE IS CREDIT, IS WHAT YOU'RE TALKING, CORRECT? MR. MCLEMORE: YES. WE'RE BASICALLY SAYING THAT THE SCHRIMSHERS ARE GIVING US SOMETHING, WE'RE GIVING THEM BACK SOMETHING. ALL THIS IS TO TRY TO MITIGATE THE CONCERNS THAT THEY HAVE THAT THEIR PROPERTY MAY, IN SOME WAY, BE JEOPARDIZED BY THE TOWN CENTER CONCEPT. WE DON'T THINK THAT IT WILL. THEY THINK THAT IT MIGHT. SO WE'RE TRYING TO WORK OUT A MUTUALLY ACCEPTABLE AGREEMENT THAT ALLOWS US NOT TO SPEND THE NEXT TWO YEARS IN COURT AND GET ON WITH THIS THING AS QUICKLY AS POSSIBLE. MR. MCLEOD: WELL, PRESENTLY, ON THE SURFACE IT LOOKS LIKE ABOUT 2-TO-1 RATIO RIGHT NOW. MR. MCLEMORE: I THINK YOU'RE EXACTLY RIGHT. MR. MCLEOD: PLUS A LITTLE MORE. SO I WOULD . . . 37 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 15 1 6 17 18 1 9 20 21 22 23 24 DEFINITELY THINK, PROBABLY, THE REMOVAL OF THE BILLBOARD WOULD BE A REAL DEAD ISSUE. JUST THREW THAT IN THERE. I'LL PASS AT THIS TIME. MR. MCLEMORE: I WOULD THINK SO. MAYOR PARTYKA: OKAY. COMMISSIONER BLAKE. MR. BLAKE: THANK YOU, MAYOR. I CONCUR ON THE NUMBERS FOR THE DIRT. IT SEEMS QUITE HIGH. I UNDERSTAND, THOUGH, THAT TO TRADE A MILLION DOLLAR DOG FOR TWO $500,000 CATS IS STILL AN EVEN TRADE. THAT'S AN OLD MATH PROBLEM. CAN YOU SHOW ME ON THE MAP WHERE WE WILL TAKE THE SEWER LINES TO? MR. MCLEMORE: I'LL LET KIP SHOW YOU THAT. TELL YOU WHAT. TERRY CAN DO IT. MR. ZAUDTKE: ARE YOU TALKING ABOUT TAKING THEM TO THE PLAN? MR. BLAKE: APPARENTLY, WE HAVE A TOTAL OF ABOUT A MILLION AND A HALF DOLLARS HERE IN UTILITIES -- I'M SORRY. A MILLION AND THREE-QUARTERS IN -- I'M SORRY. ABOUT A MILLION AND A HALF IN THE UTILITIES AND IMPROVEMENTS. CAN YOU SHOW ME ON THE MAP EXACTLY WHAT WE WILL DO FOR THAT AND WHAT WE WILL NOT DO FOR . . . 38 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 17 18 19 20 21 22 23 24 THAT? MR. ZAUDTKE: TERRY ZAUDTKE, CPH ENGINEERS. THE PROPOSED LIFT STATION AT THIS CORNER WILL BE THE MAIN COLLECTOR FOR THIS WHOLE PARCEL IN THROUGH HERE. AND THE 250,000 THAT YOU SEE ON THERE FOR SYSTEM IMPROVEMENTS IS TO PUT WATER AND SEWER LINES UP THROUGH THE COLLECTOR ROAD ON THIS CORRIDOR. MR,. BLAKE: SO WE WOULD BE PAYING FOR BOTH WATER AND SEWER NOT JUST TO THE PROPERTY BUT, INDEED, ALL THROUGH THE PROPERTY? MR. ZAUDTKE: WELL, ONCE WE GO AHEAD AND BUILD THE COLLECTOR ROAD, IT MAKES SENSE TO PUT THE UTILITIES IN THERE AT THE SAME TIME WITH IT. MR. BLAKE: I DON'T DENY THAT IT MIGHT BE THE RIGHT TIME TO DO IT. MR. ZAUDTKE: YES. MR. BLAKE: I'M QUESTIONING THAT THAT'S WHAT WE WANT TO DO, IS TO PROVIDE WATER AND SEWER THROUGH, REALLY, THE HEART OF THE ENTIRE PROPERTY. NOW, SHOW ME AGAIN FROM THAT LIFT STATION. MR. ZAUDTKE: FROM THE LIFT STATION, I REALLY CAN'T SHOW YOU ACCURATELY ON THIS MAP WHERE IT tt . ~, . .... 39 1 GOES. BUT IT GOES ALL THE ,WAY DOWN 434 TO TUSCORA 2 AND THEN HEADS SOUTH DOWN TO THE EAST WASTE WATER 3 PLANT DOWN ON WINTER SPRINGS BOULEVARD BY SAM 4 SMITH PARK. 5 MR. BLAKE: WE DON'T HAVE LINES IN PLACE, 6 SUBSTANTIAL, TO CARRY THIS LOAD? 7 MR. ZAUDTKE: THAT'S CORRECT. 8 MR. BLAKE: WE HAVE TO PUT IN NEW LINES ALL 9 THE WAY TO THE EAST PLANT. 1 0 MR. ZAUDTKE: THAT'S CORRECT. THERE'S A 1 1 CAPACITY PROBLEM ON THE GRAVITY SEWER ON THE NORTH 1 2 SIDE OF THE P.U.D., BECAUSE THE P.U.D. WAS 1 3 DESIGNED TO HANDLE THE P.U.D. THEY HAD NO VISION 1 4 FOR ANYTHING NORTH OF 434. 15 FOR THE CITY TO GET SERVICEABILITY TO THE 1 6 NORTH PORTION OF 434, KIP HAD TO DO A STUDY WHICH 1 7 SHOWED THE ALIGNMENTS THAT WOULD HAVE TO BE DONE 18 TO BRING NEW FORCE MAINS DOWN TO THE EAST WASTE 19 WATER PLANT. 20 MR. BLAKE: AND GOING TO THE WEST PLANT IS 21 MUCH FARTHER, I'M SURE. 22 MR. ZAUDTKE: GOING TO THE WEST PLANT IS NOT 23 DISTANCE AS MUCH, BUT THERE'S OTHER IMPROVEMENTS 24 THAT HAVE TO BE DONE TO THE DOWNSTREAM LIFT {t - .- 40 1 STATIONS THERE, AS WELL. 2 THIS ST. JOHN'S LANDING HERE CURRENTLY DOES 3 GO ,ALL THE WAY BACK TO THE WASTE WATER PLANT, BUT 4 THE FORCE MAINS AND LIFT STATIONS ALONG THAT ROUTE 5 AMOUNT TO APPROXIMATELY THE SAME DOLLAR VALUE TO 6 THE IMPACT THERE. 7 MR. BLAKE: WHERE DO WE HAVE MORE CAPACITY? 8 MR. ZAUDTKE: WE HAVE ABOUT EQUAL CAPACITY AT 9 EACH PLANT. WE'VE GOT PERMITTED FOR ALMOST TWO 10 MGD AT BOTH FACILITIES, AND THEY'RE CURRENTLY 1 1 RUNNING AT ABOUT ONE MGD EACH. 12 , . MR. BLAKE: WHAT TYPE OF AN IMPACT WOULD THIS 13 PARTICULAR DEVELOPMENT AND BUILDOUT HAVE ON THE 1 4 EXISTING CAPACITY? 1 5 MR. ZAUDTKE: IN THE TOWN CENTER MASTER PLAN, 1 6 I THINK WE SHOWED A RANGE OF SOMEWHERE BETWEEN 300 1 7 AND 600,000 FOR THIS PARCEL HERE; OVERALL, A RANGE 18 OF ABOUT 400,000 TO 800,000 GALLONS PER DAY FOR 1 9 THE WHOLE TOWN CENTER. 20 MR. BLAKE: HOW WILL THAT IMPACT REMAINING 21 DEVELOPMENT ON 434 TO INCLUDE POTENTIAL 22 DEVELOPMENT AROUND THE CASSELS PROPERTY, THE 23 ENTIRE NORTH SIDE? 24 MR. ZAUDTKE: WELL, EVEN ON THE HIGH END, IF . '. ~. ,15 . 41 1 WE HAD 800,000 BEING PRODUCED HERE AT THE TOWN 2 CENTER, THAT WOULD STILL LEAVE US WITH 800 -- 3 LET'S SEE. IT WOULD BE -- 4 MR. BLAKE: ABOUT 200. 5 MR. ZAUDTKE: WE'RE TALKING TWO MILLION 6 GALLONS THAT WE'VE GOT CAPACITY RIGHT NOW. SO YOU 7 TAKE ABOUT 800,000, THAT WOULD LEAVE YOU WITH ONE 8 POINT -- 9 MR. BLAKE: WE HAVE CAPACITY RIGHT NOW OF TWO 10 MILLION GALLONS? 1 1 MR. ZAUDTKE: RIGHT; ONE AT EACH PLANT. ONE 1 2 MGD AT EACH PLANT. WE HAVE EXCESS CAPACITY. 13 MR. BLAKE: MY QUESTION IS: IF WE'RE FEEDING 1 4 THIS DEVELOPMENT TO THE EAST PLANT, AND IT'S AT THE HIGH END OF THE RANGE, THAT'S 800,000, THAT 1 6 ONLY LEAVES US 200,000 CAPACITY AT THE EAST PLANT? 17 MR. ZAUDTKE: IT'S CLOSER TO 800,000 FOR THE 18 WHOLE TOWN CENTER. WE'RE LOOKING AT MORE IN THE 19 NEIGHBORHOOD OF ABOUT HALF A MILLION FOR THIS 20 CORRIDOR HERE. 21 MR. BLAKE: ARE YOU SUGGESTING THAT THE OTHER HALF OF TUSCAWILLA WOULD BE THE DIVIDER AND THE 22 23 OTHER HALF WOULD GO TO THE WEST PLANT? 24 MR. ZAUDTKE: YES. WE'VE ALREADY LOOKED AT . . 'il~ . 42 1 THAT; THAT IT MAKES SENSE TO BRING THIS BACK OVER 2 TO THE LIFT STATION BECAUSE OF THE TOPOGRAPHY. 3 THERE'S A HIGH POINT RIGHT IN HERE. AND WE CAN 4 BRING THIS SERVICE AREA, BASICALLY, FROM HERE, 5 BACK OVER TO THE WEST PLANT. 6 MR. BLAKE: SO IF THE EAST SIDE IS 400,000 TO 7 600,000, THEN THAT WOULD LEAVE US SOMEWHERE IN THE 8 RANGE OF 9 MR. ZAUDTKE: ABOUT A HALF MILLION GALLONS 10 AVAILABLE AT THAT PLANT WITHOUT HAVING TO DO 1 1 FURTHER EXPANSION THERE. 12 MR. BLAKE: OKAY. DO WE HAVE THE ABILITY TO 13 EXPAND THAT PLANT? 14 MR. ZAUDTKE: YES, SIR, WE DO. 15 MR. BLAKE: ARE WE INCLUDING, IN THIS 1 6 CALCULATION, THE COST OF EXPANDING THAT PLANT AT 1 7 ALL, IF WE SHOULD NEED TO? 18 MR. MCLEMORE: ABSOLUTELY NOT. 19 MR. BLAKE: BECAUSE WE HAVE EXISTING 20 CAPACITY? 21 MR. MCLEMORE: WELL, WE HAVE EXISTING 22 CAPACITY AND WE'RE PAYING FOR THIS THROUGH 23 CONNECTION CHARGES. WE'RE NOT USING UP EXISTING 24 FUNDS TO DO THIS. . . .' 43 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 1 4 15 1 6 1 7 18 19 20 21 22 23 24 . . . 44 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 1 6 17 18 19 20 21 22 23 24 WE'RE CALLING IT, I WOULD TEND TO LEAN AGAINST TAKING THAT PROPERTY AS PARK. ALTHOUGH, I DO RECALL SOME DRAWINGS THAT DEPICTED THAT AS A FUTURE GOVERNMENTAL SITE, WHICH MAY HAVE MORE OF A USE FOR THE CITY OVERALL. THANK YOU. MAYOR PARTYKA: OKAY'. THANK YOU. COMMISSIONER GENNELL. DEPUTY MAYOR GENNELL: THIS MAP THAT WE HAVE IS SORT OF DISSIMILAR TO THE ONE YOU HAVE. IT MAKES IT A LITTLE BIT CONFUSING. BUT DO I UNDERSTAND THIS DRAFT AGREEMENT WITH SCHRIMSHERS WOULD INCORPORATE ALL OF OUR TOWN CENTER DESIGN CODES? MR. MCLEMORE: CERTAINLY. DEPUTY MAYOR GENNELL: OKAY. WOULD THE MCDONALDS STAY OR GO? MR. MCLEMORE: WELL, THE MCDONALDS -- THAT'S GOING TO BE THE SUBJECT OF SOME FUTURE DEVELOPER. WE WERE NOT CHANGING -- TAKING THAT PIECE OF LAND OUT OF THE TOWN CODE, NOR -- THE TOWN CENTER CODE. IT'S STILL THERE JUST LIKE IT WAS BEFORE. DEPUTY MAYOR GENNELL: THE ROAD, AT THAT POINT, DOES NOT GET CHANGED OR ALTERED AT ALL THEN? ~ . ~" ~ 45 1 MR. MCLEMORE: OH, YES. ALL OF THIS IS GOING 2 TO BE WIDENED, I BELIEVE -- TERRY WITH THIS 3 STRUCTURE BUILT HERE, WHICH IS A LITTLE, SMALL 4 PARK FEATURE. RIGHT. 5 BUT THIS AREA WILL REMAIN UNDER THE CODE AT 6 SOME POINT IN TIME, SIMILAR TO A NONCONFORMING 7 USE. AT SOME POINT IN TIME WE HOPE THAT IT WILL 8 GO AWAY. 9 DEPUTY MAYOR GENNELL: OKAY. DID YOU ALL -- 1 0 SEE, OUR MAP DOESN'T SHOW WHERE THE OLD RAILROAD 1 1 BED CROSSES THE ROAD, BUT I KNOW WE HAVE ISSUES 1 2 WITH THE COUNTY AND WITH THE STATE OVER THE 13 LOCATION OF THE PEDESTRIAN OVERPASS. 14 MR. MCLEMORE: RIGHT. 1 5 DEPUTY MAYOR GENNELL: IS THAT ADDRESSED IN 16 HERE ANYWHERE? 1 7 MR. MCLEMORE: WELL, IT'S ADDRESSED IN THAT 18 THERE WILL BE ONE, YOU KNOW, AND THAT THIS ROAD 19 SECTION HERE IS WHERE IT'S CURRENTLY GOING TO BE. 20 BUT AT SOME POINT IN TIME, WHEREVER IT'S GOING TO 21 GO, IT'S KNOWN AS PART OF THE PLAN. 22 NOW, SPECIFICALLY, I DON'T REMEMBER EXACTLY 23 THE LANGUAGE WE PUT IN THERE, BUT IT'S PART OF THE 24 PLAN. . . . 46 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 DEPUTY MAYOR GENNELL: I KNOW THE PEDESTRIAN OVERPASS IS PART OF THE OVERALL PLAN. I GUESS WHAT I NEED TO ASK YOU IS: HAVE YOU COLLABORATED WITH THE COUNTY AT ALL HAS ANYBODY TALKED -- IS THE RIGHT HAND TALKING TO THE LEFT HAND? IS THE COUNTY IN AGREEMENT THAT THAT ROAD LOCATION IS WHERE THEY CAN BRING THE TRAIL TO? MR. MCLEMORE: AS FAR AS WE KNOW, THIS IS -- THEY HAVE REVIEWED OUR PLAN. IT'S PROBABLY BEEN SIX MONTHS NOW SINCE WE WERE WITH THE COUNTY, AND WE WENT OVER ALL THIS WITH THEM. IF THERE'S BEEN ANY CHANGES, I'M NOT AWARE OF IT. DEPUTY MAYOR GENNELL: SO THAT WAS WHERE THEY ANTICIPATED CROSSING? MR. MCLEMORE: YES. DEPUTY MAYOR GENNELL: IT DOESN'T PRESENT A PROBLEM WITH THIS PROPOSED AGREEMENT? MR. MCLEMORE: NO, NOT THAT I'M AWARE OF. DEPUTY MAYOR GENNELL: OKAY. MR. MCLEMORE: WE CAN GO BACK AND MAKE A SPECIFIC ACKNOWLEDGMENT IN THE AGREEMENT. DEPUTY MAYOR GENNELL: I'D LIKE TO SEE SOMETHING LIKE THAT IN THERE. I'D HATE TO COME UP AGAINST IT LATER. . . . 47 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 15 16 17 18 19 20 21 22 23 24 NOW, OUR MAP DEPICTS SOME FRONTAGE ROADS AND YOURS DOES NOT. I'M JUST TRYING TO SEE WHERE THAT ALL IS GOING. YOUR MAP DEPICTS, AND OURS DOES, SOME MEDIANS IN 434, WHICH, I ASSUME, ARE THE CURRENTLY EXISTING ONES. MR. MCLEMORE: YES. DEPUTY MAYOR GENNELL: OKAY. AND THEN WHY DOES OUR MAP SHOW FRONTAGE ROADS AND YOURS DOESN'T? MR. BLAKE: IT'S THERE. MR. MCLEMORE: YES. MR. BLAKE: IT'S JUST NOT IN DARK LINES. DEPUTY MAYOR GENNELL: OKAY. NOW, YOUR LINES SHOW WHERE WATER AND SEWER IS GOING; AND OUR LINES JUST SHOW WHERE THEY'RE GOING TO BE, THE ROADS? MR. MCLEMORE: YES. THAT'S A ROAD MAP, A CIRCULATION MAP. DEPUTY MAYOR GENNELL: OKAY. NOW, I ALSO NOTICE THAT THE MAP THAT WE HAVE ENCOMPASSES AREAS ON THE SOUTH SIDE OF 434. NOW, THESE ARE NOT ALL UNDER SCHRIMSHER'S CONTROL, ARE THEY? MR. MCLEMORE: THEY ARE NOT. DEPUTY MAYOR GENNELL: THEY ARE NOT. BUT, . . . 48 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 15 16 17 18 19 20 21 22 23 24 YET, THIS DOCUMENT HERE IS PART OF THE SCHRIMSHER AGREEMENT? MR. MCLEMORE: THE PART OF THE SCHRIMSHER AGREEMENT WILL BE ONLY THAT SECTION THAT DEALS WITH SCHRIMSHER. DEPUTY MAYOR GENNELL: OKAY. MR. MCLEMORE: NOW, THE TOWN CENTER REMAINS THE TOWN CENTER. BUT WITHIN THE AGREEMENT WITH SCHRIMSHER, WE~RE TALKING ABOUT WHAT HAPPENS TO SCHRIMSHER. ' DEPUTY MAYOR GENNELL: OKAY. BUT IN THE TOWN CENTER DISTRICT BOUNDARY THAT WE'RE GOING TO BE ASKED TO CONSIDER, WHERE ONE ORDINANCE IS REPLACING THE OTHER ORDINANCE AND BOUNDARIES ARE CHANGING, ARE THESE BOUNDARIES HERE TO THE SOUTH PART OF THAT ORDINANCE? MR. MCLEMORE: YES, THEY ARE. DEPUTY MAYOR GENNELL: OKAY. SO THIS DOCUMENT IS REALLY MORE RELEVANT TO THE ITEM "c" WE HAVE BEFORE US THAN IT IS TO THE SCHRIMSHER AGREEMENT? MR. MCLEMORE: WELL, IT DEPICTS TO YOU THE CHANGE IN CONFIGURATION OF WETLAND PARK AND THE CHANGE OF THE ROAD AT THIS POINT IN TIME. AND IT . . . 49 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 14 15 16 17 1 8 19 20 21 22 23 24 SHOWS -- IT'S SO SMALL, YOU CAN HARDLY SEE THEM, PARTICULARLY AFTER WE REPRODUCED THEM IN BLACK AND WHITE -- THESE LITTLE POCKET PARKS THAT ARE ALL AROUND. BUT THAT PART -- THERE WILL BE, IN THE AGR~EMENT, A MAP THAT REFERENCES ALL OF THE CONDITIONS OF THE AGREEMENT WITH THE SCHRIMSHERS, AND IT WILL DEAL ONLY WITH SCHRIMSHER PROPERTY. DEPUTY MAYOR GENNELL: AT THE SAME TIME, THEN, TO GO FROM THAT COMMENT TO THE NEXT ONE, YOUR MAP ALSO DEPICTS PROPERTIES OWNED BY KINGSBURY AND BLUMBERG? MR. MCLEMORE: IT DOES. DEPUTY MAYOR GENNELL: DOES SCHRIMSHER CONTROL THOSE PROPERTIES OR NOT? MR. MCLEMORE: I THINK MR. SCHRIMSHER WOULD HAVE TO ANSWER THAT. DEPUTY MAYOR GENNELL: WELL, THEN MY SECOND QUESTION ALONG THAT IS: WHAT'S THE STATUS OF THE DEVELOPER THAT WAS COMING IN, AS FAR AS I UNDERSTOOD, THIS WEEK WITH A PROPOSED DEVELOPMENT ON THE KINGSBURY PROPERTY? MR. MCLEMORE: I DON'T KNOW THAT UNTIL I SEE WHAT HE BRINGS IN. . \. '- . 50 1 DEPUTY MAYOR GENNELL: WHAT WOULD THAT DO TO 2 THIS PROPOSED DRAFT AGREEMENT? 3 MR. MCLEMORE: IT WOULDN'T DO ANYTHING TO IT. 4 DEPUTY MAYOR GENNELL: IT WOULDN'T? 5 MR. MCLEMORE: NOW, HE MAY BRING IN A SPECIFIC PLAN FOR THIS PROPERTY HERE WHERE HE 6 7 WOULD WANT TO NEGOTIATE SOME OTHER ITEMS'. WE 8 WOULD JUST HAVE TO DEAL WITH THAT WHEN HE WALKS IN 9 THE DOOR. 1 0 DEPUTY MAYOR GENNELL: I KNOW THERE'S GOT TO 1 1 BE A LOGIC HERE SOMEWHERE, BUT IT'S JUST ESCAPING 1 2 ME. IN OTHER WORDS, HOW WE CAN BE THIS DEFINITIVE 13 ON LARGE TRACTS OF PROPERTY OVER WHICH 14 MR. SCHRIMSHER DOESN'T HAVE CONTROL IN THE 15 DEVELOPER AGREEMENT WITH MR. SCHRIMSHER? I CAN 16 SEE IT IN THIS DOCUMENT. I'M JUST CONFUSED OVER 1 7 IT BEING IN A SCHRIMSHER DEVELOPER AGREEMENT 18 DOCUMENT. 19 MR. MCLEMORE: I'M HAVING TROUBLE 20 UNDERSTANDING WHAT YOU'RE REACHING FOR. 21 DEPUTY MAYOR GENNELL: YOUR MAP IN FRONT OF 22 YOU AND MOST OF THIS MAP HERE ENCOMPASSES 23 PROPERTIES, AS FAR AS WE KNOW, OWNED BY KINGSBURY 24 AND BLUMBERG. . L,;.' . ~- . 51 1 MR. MCLEMORE: IT DOES. 2 DEPUTY MAYOR GENNELL: RIGHT. AND YOU, AT 3 THIS POINT, ARE DISCUSSING OUR DRAFT AGREEMENT 4 WITH MR. KINGSBURY? 5 MR. MCLEMORE: WITH MR. SCHRIMSHER. 6 DEPUTY MAYOR GENNELL: I MEAN WITH 7 MR. SCHRIMSHER, RIGHT. SO I'M JUST CONFUSED OVER 8 INCLUDING PROPERTIES THAT AREN'T HIS IN THIS. 9 MR. MCLEMORE: BECAUSE WE HAVE TO SHOW YOU 1 0 THAT WE HAVE TO AMEND THE TRAFFIC CIRCULATION PLAN 1 1 TO PROVIDE FOR THIS COLLECTOR ROAD. AND YOU NEED 12 TO KNOW -- IF I DIDN'T SHOW YOU WHAT -- IF I ONLY 1 3 SHOWED YOU THE SCHRIMSHER PART, YOU'D PROBABLY ASK 14 ME, WELL, DOES IT GO ANYWHERE ELSE? AND THE 15 ANSWER IS, YES, IT DOES. IT GOES, ALSO, HERE. 16 BUT THE AGREEMENT ONLY DEALS WITH THE 1 7 SCHRIMSHER PROPERTIES. FOR EXAMPLE, WHEN WE VALUE 18 THESE COSTS AND THESE BENEFITS OF TUSCAWILLA, WE 19 ONLY VALUED THEM AT ONE-HALF. 20 DEPUTY MAYOR GENNELL: I SEE. OKAY. 21 MR. MCLEMORE: BECAUSE PART OF THAT IS TAKING 22 PLACE OVER HERE. SO THE TERMS AND CONDITIONS OF 23 THIS AGREEMENT APPLY ONLY TO SCHRIMSHER, EVEN 24 THOUGH YOU NEED TO SEE WHAT WE NEED TO DO WITH . . . 52 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 15 1 6 17 1 8 19 20 21 22 23 24 YOUR CIRCULATION PLAN TO MAKE THIS WHOLE THING HAPPEN. DEPUTY MAYOR GENNELL: OKAY. AND WHICH BILLBOARD ARE YOU SPEAKING OF? THAT OLD WOODEN THING ON THE OTHER SIDE OF MCDONALDS? MR. MCLEMORE: IT'S ACROSS THE STREET FROM MCDONALDS ON THE MOBIL SIDE. DEPUTY MAYOR GENNELL: SO IT'S OVER THERE. MR. MCLEMORE: RIGHT. DEPUTY MAYOR GENNELL: AND THEN THERE'S TWO. MR. MCLEMORE: I DON'T KNOW IF BOTH OF THEM ARE ON THE SCHRIMSHER PROPERTY OR NOT. MR. SCHRIMSHER: THERE IS A SIGN. MR. MCLEMORE: THERE'S ONLY ONE THAT I KNOW OF. AS FAR AS I KNOW, THERE'S ONLY ONE. DEPUTY MAYOR GENNELL: A BIG, OFFICIAL BILLBOARD SIZE? MR. MCLEMORE: YES. DEPUTY MAYOR GENNELL: PAST MCDONALDS WHERE THE RAILROAD WAS ON THIS SIDE OF THE STREET. I WAS JUST WONDERING WHICH ONE YOU MEANT. MR. MCLEMORE: OKAY. DEPUTY MAYOR GENNELL: THERE'S MORE THAN ONE SIGN. . . . 53 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 1 7 18 19 20 21 22 23 24 MR. MCLEMORE: THERE'S TWO. DEPUTY MAYOR GENNELL: CAN YOU GIVE ME AN IDEA OF WHAT -- HAVE WE DEVELOPED A POTENTIAL POPULATION FOR THE DOWNTOWN CENTER? MR. MCLEMORE: THAT'S VERY HARD TO DO, BECAUSE THE PLAN ALLOWS FOR SUCH FLEXIBILITY. YOU KNOW, THE ANSWER TO THAT IS NO. ,WE HAVE SOME IDEAS, BUT WE TRIED TO CALCULATE RETAIL AND HOUSEHOLD IN ORDER TO COME UP WITH THE WATER AND SEWER REQUIREMENTS. DO YOU KNOW WHAT THE POPULATION IS? DEPUTY MAYOR GENNELL: MINIMUM. WHAT WOULD BE THE MINIMUM RESIDENTIAL POPULATION YOU'D SgE IN THAT AREA? MR. MCLEMORE: WELL, IT DEPENDS ON WHETHER SOMEONE WOULD YOU KNOW, WOULD BUILD ALL SINGLE-FAMILY OR IF SOMEONE WOULD BUILD ALL MULTIFAMILY OR SOMEONE WOULD BUILD MULTIFAMILY IN PART AND SINGLE-FAMILY IN PART. BECAUSE THIS IS NOT A TRADITIONAL ZONING WHERE EVERY USE IS SPLIT UP, IT'S VERY DIFFICULT TO DETERMINE IN THE END WHERE THIS IS GOING TO GO. IT'S PROBABLY GOING TO BE SOME RESIDENTIAL, SINGLE FAMILY, AND SOME HIGHER DENSITY, , . ..... . ''-, 54 1 MULTIFAMILY. 2 DEPUTY MAYOR GENNELL: BECAUSE AS WE HAD IT 3 DESIGNED, THERE WAS VERY LITTLE YARD SPACE. 4 EVERYTHING WAS VERY TIGHT FOR INTENSE DEVELOPMENT, 5 WHICH WOULD LEAD ME TO BELIEVE THAT WE WOULD HAVE 6 A PRETTY INTENSE RESIDENTIAL AREA. 7 MR. MCLEMORE: WELL, WE HOPE SO, BECAUSE YOU 8 NEED TO CREATE A POPULATION TO FEED THE RETAIL 9 PART OF THIS. 10 DEPUTY MAYOR GENNELL: LET ME ASK YOU A 1 1 QUESTION ALONG THOSE LINES. SUPPOSE WE PUT THIS 12 WHOLE THING THROUGH AND WE GO ON. AND WE HAVE A 13 DEVELOPER COME TO US, AND HE COMES WAVING, I HAVE 1 4 A MARKET STUDY HERE. NOBODY'S GOING TO BUY THIS. 15 I NEED 50-FOOT LOTS. 16 MR. MCLEMORE: WELL, THAT'S GOING TO BE THE 17 WILL OF THIS COMMISSION TO SEE THIS THING THROUGH 18 OVER THE YEARS. 19 DEPUTY MAYOR GENNELL: THAT'S WHAT I'M 20 SAYING. IN OTHER WORDS, IT WILL BE THE BURDEN ON 21 THIS COMMISSION TO STICK TO THE PLAN, TO KEEP 22 THEM ~- IF WE SAID 24-FOOT LOTS, THAT'S WHAT WE 23 WANT THERE. 24 WELL, AGAIN, YOU'VE GOT TO MOVE AWAY FROM . \. . 55 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 1 5 1 6 17 1 8 19 20 21 22 23 24 TRADITIONAL ZONING. THIS IS NOT TRADITIONAL ZONING. THIS PLAN PROVIDES A DEVELOPER THE FLEXIBILITY TO DO A NUMBER OF DIFFERENT THINGS AS SMALL AS 24. BUT IT COULD BE MUCH LARGER. IT COULD BE LARGER. THERE'S A LOT OF FLEXIBILITY IN HERE TO DEVELOP THIS PROPERTY. OKAY. TERRY, DO YOU HAVE AN ANSWER? MR. ZAUDTKE: YES. WE DID CALCULATE THROUGH SOME -- THROUGH THE WASTE WATER FLOWS OF THE MASTER PLAN. AND THE EAST FACILITY, IF YOU TOOK ROUGHLY HALF OF IT, YOU WERE LOOKING AT A POPULATION OF 2300 TO 5700, AND THE WEST FACILITY, A POPULATION OF 2,000 TO 4,000. SO IF YOU TOOK THE HIGH END OF BOTH OF THOSE, YOU'RE LOOKING AT 10,000. IF YOU TOOK THE LOW END OF BOTH OF THOSE, YOU'RE LOOKING AT AROUND 4300. SO IT'S A WIDE RANGE DEPENDING ON HOW DENSE AND HOW MANY STORIES AND SO FORTH; 5,000 TO 10,000. DEPUTY MAYOR GENNELL: ' WE'RE TALKING RESIDENTIAL NOW? MR. ZAUDTKE: YES, RESIDENTIAL EQUIVALENTS. THERE ARE GOING TO BE SOME CHANGES THAT MAY OCCUR DEPENDING ON HOW THE THING BUILDS OUT, HOW MUCH ENDS UP COMMERCIAL. BUT THAT'S A ROUGH . . . 56 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 15 1 6 17 18 19 20 21 22 23 24 RESIDENTIAL EQUIVALENT. THAT'S PEOPLE. DEPUTY MAYOR GENNELL: YES. OKAY. HOW MANY ACRES IS MAGNOLIA PARK? MR. LOCKCUF: .79. MR. MCLEMORE: .79 ACRES. DEPUTY MAYOR GENNELL: THAT'S NOT VERY BIG, IS IT? MR. MCLEMORE: IT'S NOT VERY LARGE. DEPUTY MAYOR GENNELL: IS THE PERIMETER OF THE WETLAND PARK, THE WESTERN PERIMETER, IS THERE ANY POTENTIAL AT ALL FOR SOME KIND OF MITIGATION IN BEING ABLE TO BUILD SOMETHING IN THERE? MR. MCLEMORE: IN HERE? DEPUTY MAYOR GENNELL: YES. MR. MCLEMORE: I HOPE NOT. DEPUTY MAYOR GENNELL: WELL, ALL I'M SAYING IS WITHOUT THE -- MR. MCLEMORE: THESE ARE WETLANDS. DEPUTY MAYOR GENNELL: RIGHT. WITHOUT SOME STRUCTURE ALONG THERE, YOU JUST HAVE, LIKE, A ONE-SIDED PARK, YOU KNOW. MR. MCLEMORE: I'M NOT FOLLOWING YOU. THE IDEA WAS THAT THE WETLAND PARK WOULD BE THE CENTER AND THERE WOULD BE PEOPLE FACING THE . . . 57 1 2 3 4 5 6 7 8 ,9 10 1 1 12 13 1 4 15 16 17 18 19 20 21 22 23 24 PARK FROM ALL DIRECTIONS. DEPUTY MAYOR GENNELL: NO. I AGREE. WELL, NOW, I'M TALKING ABOUT FOR FUNCTIONS, THOUGH. WHERE MAGNOLIA PARK IS -- THE WETLAND AREA IMMEDIATELY ADJACENT TO MAGNOLIA PARK, WOULD IT LEND ITSELF TO ANY KIND OF PASSIVE USE, OR IS IT MR. MCLEMORE: PASSIVE USE, POSSIBLY. THIS IS -- DON'T FORGET, THIS IS THE TRAIL RIGHT HERE. DEPUTY MAYOR GENNELL: I'M SORRY. I CAN'T HEAR YOU. MR. MCLEMORE: DON'T FORGET, THIS IS THE TRAIL RIGHT HERE. DEPUTY MAYOR GENNELL: OKAY. MR. MCLEMORE: THIS IS THE TRAIL. IT COMES THIS DIRECTION AND TURNS AND GOES THIS WAY. DEPUTY MAYOR GENNELL: OKAY. MR. MCLEMORE: THIS IS THE TRAIL AND THIS, I THINK YOU KNOW, MAYBE YOU COULD MITIGATE IT OR BUILD SOMETHING ON IT, BUT I DON'T THINK -- DEPUTY MAYOR GENNELL: I'M NOT TALKING BUILDING, NECESSARILY, BUT PASSIVE USE FOR AN OVERFLOW IF YOU WERE GOING TO FACE MAGNOLIA PARK FROM THE EAST. . . . 58 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 14 15 1 6 1 7 18 19 20 21 22 23 24 MR. MCLEMORE: PASSIVE, YES. VERY PASSIVE. DEPUTY MAYOR GENNELL: BUT IT'S NOT SUBMERGED. MR. MCLEMORE: NO. DEPUTY MAYOR GENNELL: OKAY. MR. MCLEMORE: DEPENDS ON WHEN IT'S RAINED LAST. YES. DEPUTY MAYOR GENNELL: ALL RIGHT. I THINK THAT'S ALL MY QUESTIONS FOR NOW. THANK YOU VERY MUCH. MAYOR PARTYKA: OKAY. COMMISSIONER MILLER, THEN COMMISSIONER MCLEOD AND COMMISSIONER MARTINEZ. MR. MILLER: THESE 5,000 TO 10,000 PEOPLE IN THAT AREAj HICKORY PARK HAS BEEN NAMED HICKORY PARK BECAUSE THERE'S A STAND OF TREES IN THERE THAT ARE GOING TO BE LEFT; IS THAT RIGHT? MR. MCLEMORE: CORRECT. THAT'S CORRECT. MR. MILLER: SO IF THE CITY WERE TO HAVE FUNCTIONS, AS COMMISSIONER GENNELL WAS POINTING OUT WHERE SHE WAS CONCERNED ABOUT NOT BEING ABLE TO GET ENOUGH PEOPLE INTO MAGNOLIA PARK, IT COULD BE DONE AT HICKORY PARK PROBABLY. MR. MCLEMORE: WELL, HICKORY PARK IS A -- . . . " 59 1 LIKE I SAY, IT'S A VERY OLD STAND OF TREES, WHICH, 2 3 BASICALLY, WE JUST WANTED TO LEAVE ALONE. MR.' MILLER: NO. I UNDERSTAND THAT. BUT 4 WHEN WE WENT OVER THE ORIGINAL THOUGHT PROCESS FOR 5 THIS, IT WAS NOT MY UNDERSTANDING THAT WE WERE 6 GOING TO HAVE MASSIVE PUBLIC EVENTS AT MAGNOLIA 7 PARK. I THOUGHT IT MIGHT BE JUST FOR THE 8 RESIDENTS OF THE AREA OR IT MIGHT BE A BAND 9 PLAYING IN AN EVENING. 10 BUT I WASN'T ANTICIPATING -- AT LEAST, I 1 1 NEVER GOT THE IMPRESSION THAT WE WERE GOING TO 12 HAVE EVENTS WHERE WE WERE GOING TO INVITE ALL OF 13 SEMINOLE COUNTY TO,COME WITH 10,000 PEOPLE. 14 MR. MCLEMORE: I DON'T THINK WE DID INTEND 1 5 THAT. 1 6 MR. MILLER: THAT WAS NEVER THE INTENTION, 17 WAS IT? 18 MR. MCLEMORE: NO. NOR IS IT THE INTENTION 19 NOW. 20 MR. MILLER: I AGREE. WHICH BRINGS ME TO 21 YOUR OTHER CONCERN ABOUT THAT ADJACENT PIECE OF 22 PROPERTY. IF I UNDERSTOOD THE ORIGINAL CONCEPT 23 CORRECTLY -- WHICH I SUPPORT, BY THE WAY -- WE 24 WERE GOING TO HAVE SMALL EVENTS THERE. . . . 60 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 1 5 1 6 17 18 19 20 21 22 23 24 MR. MCLEMORE: THESE WOULD BE VERY SMALL EVENTS. MR. MILLER: IF THAT'S STILL THE MIND SET, THEN I'M NOT SURE THAT I WOULD BE IN FAVOR OF ANNEXING -- NOT ANNEXING, BUT CONVERTING THAT ADJACENT PIECE OF PROPERTY. I THOUGHT THE ORIGINAL PLAN WAS KIND OF -- WAS A GOOD IDEA ABOUT HAVING CITY FUNCTIONS, POSSIBLY, IN THERE FOR THE LONG TERM. AND IF WE WERE CONFRONTED WITH HAVING TO HAVE LARGE PUBLIC EVENTS, GOD KNOWS WE HAVE CENTRAL WINDS PARK WHERE WE CAN GET 10,000, 20,000 PEOPLE. AND IF IT WERE SOMETHING THAT WEREN'T SUITABLE FOR MAGNOLIA PARK, THE ALTERNATIVE MIGHT BE HICKORY PARK, JUST FOR PEOPLE THAT LIVE IN THE AREA. MR. MCLEMORE: WELL, I DON'T THINK IT WOULD BE HICKORY PARK, BUT -- MR. MILLER: THERE ARE SEVERAL OTHER PARKS. THERE'S TEN PARKS MR. MCLEMORE: I THINK CENTRAL WINDS WOULD BE THE AREA. MR. MILLER: -- JUST ON THE SCHRIMSHER PROPERTY. . . . 61 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 1 4 15 1 6 17 18 1 9 20 21 22 23 24 MR. MCLEMORE: IF YOU HAVE, FOR EXAMPLE, ON A SUNDAY AFTERNOON, A CONCERT IN THE PARK, YOU COULD EASILY DRAW A COUPLE THOUSAND PEOPLE. I DON'T THINK YOU'RE GOING TO GET A COUPLE THOUSAND PEOPLE IN HERE. MR. MCLEOD: YOU COULD STACK THEM. MR. MCLEMORE: HOWEVER, IT WAS INT~NDED TO BE A SMALL PARK FOR PEOPLE TO ENJOY. AND THE IDEA WAS THERE WERE BUILDINGS HERE AND BUILDINGS ON THIS SIDE, YOU KNOW, RESTAURANTS AND THINGS I.IKE THAT THAT WOULD LEND ITSELF TO THE VILLAGE ON THE GREEN KIND OF IDEA. THE ONLY QUESTION WAS, IF WE WANT TO USE THIS FOR LARGER EVENTS, WE WOULD NEED TO TAKE THIS PROPERTY. I THINK AT LEAST, SO FAR, I'M HEARING ,WE DON'T WANT IT~ MR. MILLER: WELL, IT'S NOT THE FACT THAT WE DON'T WANT IT. TO ME, WHAT ADDS TO THE INTIMACY -- YOUR POINT'S WELL TAKEN. IF WE'RE GOING TO HAVE EVENTS HERE, WE NEED TO HAVE SPACE FOR 5,000 PEOPLE. THEN WE NEED TO BEGIN -- WE NEED TO BEGIN THINKING IN TERMS OF HOLDING LARGE EVENTS IN A TOWN CENTER, WHICH, THEREFORE, INCREASES THE SCALE , ~ -- 62 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 17 18 19 20 21 22 23 24 OF EVERYTHING NOW. WE NEED HUGE PARKING AREAS. YOU NEED PARKING GARAGES. YOU NEED ALL THE THINGS THAT, IN THE END, ARE PROBABLY GOING TO UNDO WHAT WE STARTED OUT TO DO. THE ALTERNATIVE, ON THE OTHER HAND, MIGHT BE TO SCHEDULE THESE TYPE OF EVENTS SOMEWHERE ELSE. AND IF THEY TURN OUT TO BE IN HIGH DEMAND, THEN SOMEBODY WOULD HAVE TO BE KIND OF IN CONTROL OF THAT BY SELLING TICKETS OR SOMETHING. I DON'T KNOW; I'M NOT SURE I THINK IT'S A GOOD IDEA RIGHT NOW TO LOOK TO EXPANDING THAT PARK TO HAVE LARGER FUNCTIONS THERE THAN WHAT WE ORIGINALLY PLANNED. WHICH RAISES THE LAST QUESTION. IF WE DID HAVE A BAND SHELL THERE, HOW MANY PEOPLE COULD YOU SIT IN AN ACRE? IF YOU JUST LINED UP CHAIRS, IF PEOPLE SAT ON THE LAWN, COULD YOU GET 5,000 PEOPLE IN THERE? MR. MCLEMORE: NO, I DON'T THINK SO. MR. MILLER: A THOUSAND? WELL, I'M LOOKING FOR A NUMBER. MR. MCLEMORE: MAYBE 300 TO 500. MR. MILLER: FIVE HUNDRED? MR. MCLEMORE: MAYBE IN THAT ARENA. MR. MILLER: AND THEN SITTING ALONG THE -- ON 63 . 1 THE OTHER SIDE OF THE STREET IN RESTAURANTS AND 2 THINGS LIKE THAT, MORE, OR THAT WOULD JUST BE 3 MR. MCLEMORE: I THINK THAT'S A SCALE OF THE 4 TYPE OF THING YOU'D SEE IN THAT RANGE. 5 MR. MILLER: MY THOUGHT IS, WE SHOULD STICK 6 WITH THE ORIGINAL CONCEPT. IF THAT DOESN'T WORK, 7 THEN WE OUGHT TO EXPAND THE PARK, MAGNOLIA PARK. 8 BUT I DON'T THINK TO GO UP ALONG THAT SIDE 9 ROAD THERE, I DON'T THINK THAT'S A GOOD WAY TO DO 10 IT. YOU COULD MAKE THE PARK -- COME BACK AND MAKE 1 1 THE PARK LARGER. YOU KNOW, MAYBE CUT BACK INTO 12 THE EAST WEST SIDE OF THAT ROAD THAT'S GOING . ~.'- 13 OFF TOWARDS 14 MR. MCLEMORE: DO YOU MEAN OVER HERE? 15 MR. MILLER: YES. JUST MOVE THE PARK BACK 16 THAT WAY. 17 DEPUTY MAYOR GENNELL: THAT'S THE SOUTH SIDE. 18 MR. MILLER: THAT'S EAST. THE ONE THAT GOES 19 DOWN TO HICKORY ROAD; THAT ROAD. YOU COULD MOVE 20 THAT TURNAROUND ON THE END THERE. WHAT I'M TRYING 21 TO GET AT IS I, WOULD PREFER THAT THAN THE ADJACENT 22 PIECE OF PROPERTY, WHICH KIND OF DESTROYS THAT 23 CONCEPT OF A PLAZA. 24 MR. MCLEMORE: OKAY. . . '. ~"-' . 64 1 MR. MILLER: THANK YOU. 2 MAYOR PARTYKA: OKAY. THANK YOU. OKAY. 3 COMMISSIONERS, WE'VE GOT COMMISSIONER MCLEOD, 4 COMMISSIONER MARTINEZ, AND COMMISSIONER BLAKE. 5 AND AGAIN -- 6 MR. MARTINEZ: 11 O'CLOCK. 7 MAYOR PARTYKA: YEAH. 8 GIVE A LITTLE DIRECTION TO THE CITY 9 MANAGER SO HE CAN CONTINUE HIS NEGOTIATIONS 1 0 POTENTIALLY. 1 1 COMMISSIONER MCLEOD. 1 2 MR. MCLEOD: A COUPLE REAL QUICK THINGS. ONE 13 IS: HOW MANY ACRES WAS THAT MAGNOLIA PARK 1 4 ORIGINALLY? 15 MR. MCLEMORE: I DON'T THINK MAGNOLIA PARK 16 HAS CHANGED AT ALL. 1 7 MR. MCLEOD: SURE IT HAS. IT CHANGED '8 SIGNIFICANTLY. SO HAS THE PIECE NEXT TO IT. '9 THERE'S NO WAY THAT IF YOUR ORIGINAL CONCEPT, FROM 20 WHAT I REMEMBER, IS SHOWING BUILDING ON "I," THAT 21 WAS GOING TO BE A MASSIVE CITY HALL BUILDING. I 22 DON'T THINK YOU'RE GOING TO PUT THAT ON .85 ACRES 23 OF PROPERTY. I THINK MAGNOLIA PARK IS STRONG. IT 24 LOOKS LIKE YOU MOVED THE WETLANDS FORWARD. . . . 65 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 1 5 16 17 18 19 20 21 22 23 24 MR. MCLEMORE: IT'S THE SAME. MR. MCLEOD: YOU MOVED IT WEST, HAVEN'T YOU? MR. MCLEMORE: YOU CAN SEE IT ON THIS MAP. IT REALLY HASN'T CHANGED ANY SUBSTANTIAL DEGREE. MR. MCLEOD: WELL, THEN, THE ARTIST RENDERING OF WHAT THE MAGNOLIA PARK WAS GOING TO BE 'TO WHAT IT PRESENTLY IS -- NOW, EVEN IN YOUR AGREEMENT LETTER HERE, UNDER WETLANDS -- DELINEATIONS OF WETLAND PARK, IT SAYS THAT THE CITY AGREES THAT IT'S (INAUDIBLE) TO USE THE FLORIDA WETLAND DELINEATION TO AMEND THE WETLAND BOUNDARIES CONTAINED ON PAGE 11 OF THE TOWN CENTER DISTRICT CODE TO ACCOMMODATE IT. OKAY. SO IT SOUNDS TO ME LIKE -- AND WHAT IT LOOKS LIKE, FROM WHAT I REMEMBER OUT HERE THAT WE WERE LOOKING AT -- IT WOULD HAVE BEEN NICE IF WE WOULD HAVE HAD THE ORIGINAL TOWN CENTER RENDERING OF THE PROPERTY BECAUSE, I THINK, YOU KNOW, THIS WETLANDS PARK AREA HAS CHANGED. SOME OF THE ROADS HAVE CHANGED. BUT THAT MAGNOLIA PARK, RON, HAD NEVER, IN MY VISION, WAS IT EVER GOING TO BE LESS THAN AN ACRE OF LAND. AND I HAD ALWAYS EXPECTED TO SEE THAT THING; THAT IT WAS THREE OR FOUR ACRES OF . . ~- . 66 1 PROPERTY, MINIMAL. 2 MR. MCLEMORE: ,THE CHANGE IN CONFIGURATION 3 MAINLY TAKES PLACE IN THIS SECTION RIGHT HERE. 4 THE WETLAND EXPANDED THIS WAY. 5 NOW, WE CAN GO BACK AND LOOK ON THE OLD MAP. 6 MR. MCLEOD: YEAH. IT WOULD BE NICE TO 7 I DON'T HAPPEN TO HAVE MY TOWN CENTER MAPS SEE 8 9 AND SO FORTH WITH ME, BUT IT WOULD HAVE BEEN NICE TO HAVE HAD SOMETHING TO COMPARE IT TO. 10 MR. GRINDSTAFF: THERE ARE A NUMBER OF COPIES 1 1 HERE. 12 MR. MCLEOD: I THINK WE HAVE THE BIG ONE. 1 3 YES. THAT'S PROBABLY ONE RIGHT THERE. 14 MR. MCLEMORE: HANG ON JUST A MOMENT. 1 5 MR. MCLEOD: WOULD YOU SLIDE THAT UP INTO THE 1 6 PROJECTOR, PLEASE? 17 MAYOR PARTYKA: LET'S FOCUS ON THIS. ALL 18 RIGHT. 19 MR. MCLEOD: DOES IT TELL YOU HOW MUCH 20 ACREAGE? 21 MR. MCLEMORE: IT DOESN'T TELL US THE 22 ACREAGE. WE'LL FIND OUT FOR YOU. 23 MR. MCLEOD: YES. THAT WOULD BE 24 INTERESTING. BECAUSE IF THAT'S THE CASE, THEN THE . . . 67 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 1 5 1 6 1 7 18 19 20 21 22 23 24 PARK HAS, RESPECTIVELY, ALWAYS BEEN A LOT SMALLER THAN I EVER ANTICIPATED. THANK YOU. NOW I'LL GO TO ANOTHER THING. IN YOUR VALUES OF TUSCAWILLA ROAD IMPROVEMENTS, THE $407,000 THERE, WHAT I'M HEARING IS THE $407,000 IS ONLY THE AMOUNT AFFECTED ON THE SCHRIMSHER PROPERTY SIDE, CORRECT? MR. MCLEMORE: CORRECT. MR. MCLEOD: ALL RIGHT. THEN WHAT IS -- WHO IS DOING THE OTHER SIDE? IS KINGSBURY GOING TO DO IT, OR IS THE BLUMBERGS GOING TO DO IT, OR ARE YOU GOING TO HAVE AN AGREEMENT WITH THE CITY TO OFFER THE SAME AMOUNT TO THOSE FOLKS FOR WHAT WE ARE PROPOSING HERE? I MEAN, 'BECAUSE WHEN WE TALKED ABOUT THE LOOP AND YOU TALK ABOUT THE ROAD, YOU SHOWED IT GOING RIGHT THROUGH THEIR PROPERTY. AND FOOLISH ME, I ASSUMED THAT THAT MEANT 407,000, BUT IT'S NOT. SO WHAT IS THE VALUE OF THE REST OF THIS? BECAUSE, YES, I AGREE, IT DOES NOT DEFINITELY TOUCH SCHRIMSHERS, BUT IT IS DEFINITELY AFFECTING THE VALUE OF THAT SCHRIMSHER PROPERTY. OKAY. SO I WOULD SAY THAT THERE NEEDS TO BE MORE INFORMATION HERE TELLING THIS COMMISSION OF THE . . . 68 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 1 4 1 5 16 1 7 18 19 20 21 22 23 24 COST INTENTIONS OF THE BLUMBERGS' PIECE TO US AND THE KINGSBURY PIECE, AT THIS TIME, BASED ON WHAT'S GOING ON AS YOU'RE REROUTING THE ROADS HERE, AS FAR AS CITY SEWER, PAVING, THE WATER. MR. MCLEMORE: WE HAVE THOSE NUMBERS. WE HAVE THOSE NUMBERS. MR. MCLEOD: WE HAVE THOSE. OKAY. MR. MCLEMORE: THEY'RE NOT ON THAT SHEET, BUT WE HAVE THEM. MR. MCLEOD: WELL, I THINK THEY NEED TO BE ADDED TO THE SHEET SO THAT WE'RE LOOKING AT THE FULL PICTURE OF WHAT THIS THING IS. BECAUSE, YOU KNOW, AS THESE IMPROVEMENTS TAKE PLACE -- I'M STILL HAVING A HARD TIME OF $205,000 PER ACRE AS THESE IMPROVEMENTS TAKE PLACE, THIS ACREAGE VALUE GOES UP. SO I GUESS I'D HAVE TO ASK YOU THIS, MR. MCLEMORE. MAYBE THE QUESTION IS: WHEN WE HAD ASKED TO HAVE THE APPRAISER APPRAISE THE PROPERTY, WAS THAT RAW PROPERTY AS IT SITS TODAY, OR WAS THAT PROPERTY AS A BUILT-OUT PIECE OF PROPERTY WITH IMPROVEMENTS IN PLACE? MR. MCLEMORE: THE APPRAISAL ASK CHARLES TO COME UP FOR A MOMENT. I'M GOING TO BUT I . . . 69 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 '4 15 16 17 18 '9 20 21 22 23 24 BELIEVE THE PROPERTY WAS APPRAISED AT VALUE IN TERMS OF WHAT ITS ZONING WAS AT THAT POINT IN TIME. MR. MCLEOD: AT THAT POINT, MEANING TODAY'S ZONING OR IN THE NEW TOWN CENTER ZONING? MR. MCLEMORE: PRIOR TO THE TOWN CENTER MR. MCLEOD: AS THAT GROUND SITS TODAY? MR. MCLEMORE: -- WHICH WAS THEN COMMERCIAL. MR. MCLEOD: AS IT SITS TODAY? MR. MCLEMORE: YES. MR. MCLEOD: NO IMPROVEMENTS, NO NOTHING? MR. MCLEMORE: WELL, THE APPRAISAL NOTED THE IMPROVEMENTS THAT WERE THERE, SO THEY WERE TAKEN INTO CONSIDERATION. MR. MCLEOD: THAT PRESENTLY ARE THERE? MR. MCLEMORE: THE ONES THAT WERE PRESENTLY THERE. MR. MCLEOD: WHICH IS NO WATER, NO SEWER? MR. MCLEMORE: WELL, THERE'S WATER AND SEWER TO PORTIONS OF THIS ON THIS SIDE. MR. MCLEOD: IS THIS SCHRIMSHER'S? MR. MCLEMORE: SEWER IS NOT AVAILABLE, BUT THERE IS WATER. MR. MCLEOD: THE PROPERTY THAT WE'RE TALKING . '. \: . 70 1 DOLLAR VALUE IS SCHRIMSHER'S, RIGHT? 2 MR. MCLEMORE: RIGHT. 3 MR. MCLEOD: SO THERE'S NO WATER AND SEWER. 4 MR. MCLEMORE: THERE'S WATER, BUT THERE IS NO 5 SEWER. THERE'S WATER ADJACENT TO THE SITE. 6 THERE'S NOT SEWER. 7 MR. MCLEOD: OKAY. SO I STILL HAVE THE 8 QUESTION, WHAT THE DOLLAR VALUE THAT WE'RE LOOKING 9 AT IS. WHERE'S THAT DOLLAR VALUE COMING FROM? 10 AFTER IMPROVEMENTS THAT THE CITY WOULD KICK IN ON 1 1 THIS THING, OR PRIOR TO THOSE IMPROVEMENTS? 1 2 MR. MCLEMORE: IT WAS APPRAISED AT ITS 13 CURRENT VALUE BASED ON ITS ZONING AND ENTITLEMENTS 14 AVAILABLE TO THE LAND AT THAT POINT IN TIME. 1 5 MR. MCLEOD: OKAY. NOW, I GUESS I DON'T NEED 16 TO GO ON WITH THIS, BECAUSE THIS REALLY, QUITE 17 OBVIOUSLY, NEEDS MORE INFORMATION BROUGHT BACK TO 18 US REGARDING THE KINGSBURY PROPERTY, OUR 19 CONTRIBUTION TO THAT PROPERTY, I GUESS. 20 NOW, WHAT I REALLY SEE HERE IS THAT WE'RE 21 PUSHING VERY TIGHTLY -- AND I KNOW YOU'VE BEEN 22 AGAINST THAT ALL ALONG. THIS LOOKS LIKE A 23 DEVELOPER'S AGREEMENT PUSHED VERY HEAVILY TOWARDS 24 A LANDOWNER THAT WE HAD ADVISED WE DIDN'T THINK . . . 71 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 1 6 17 18 19 20 21 22 23 24 THAT'S WHAT WE WANTED TO GET INTO. WE DID TELL YOU TO GET AN AGREEMENT, BUT IT LOOKS LIKE -- YOU KNOW, I GUESS MY QUESTION WOULD BE: DO THE SCHRIMSHERS NOW PLAN TO DEVELOP THE PROPERTY IF THIS AGREEMENT GOES FORWARD? MR. MCLEMORE: WELL, I THINK THEY'RE THE ONLY PEOPLE TO ANSWER THAT. THE LIST OF ENTITLEMENTS YOU CAN ONLY GET FROM A DEVELOPMENT AGREEMENT ARE VERY, VERY MINIMAL IN TERMS OF USES. EXCEPT WE DID ACKNOWLEDGE IN THE AGREEMENT WHAT WAS IN THE GIBBS' ORIGINAL STUDY FOR APPROXIMATELY 90,000 SQUARE FEET OF RETAIL, WHICH IT WAS THEIR DESIRE TO MAINTAIN. I PERSONALLY DIDN'T WANT TO GET TO THIS POINT, BUT I THINK IT'S GOING TO BE NECESSARY. MR. MCLEOD: WELL, YOU KNOW, I'VE READ CERTAIN PARAGRAPHS THROUGHOUT HERE. AND I DEFINITELY AM GOING TO HAVE TO READ THIS THING. LIKE ANY OTHER DOCUMENTS, IT'S GOING TO TAKE THREE OR FOUR READINGS TO THROUGHLY'GET THROUGH AND UNDERSTAND WHAT PARTY IS GIVING TO WHAT PARTY AT WHAT TIME. SO WITH THAT, I DON'T THINK, FOR THIS . . . 72 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 1 7 18 19 20 21 22 23 24 EVENING -- I MEAN, TO TELL YOU WHICH WAY TO GO RIGHT NOW, I THINK I STILL NEED TO HEAR FROM YOUR SIDE OF WHAT ARE THE OTHER ISSUES. I SUSPECT IF WE'RE 99 POINT NINE-TENTHS THERE, AND ONE ISSUE THAT WAS A BILLBOARD ISSUE, I WOULD LIKE TO HEAR ,WHAT THE REST OF THE ISSUES ARE. I THINK ,THE COMMISSION HAS ISSUES READING THROUGH THIS THING. MR. MCLEMORE: THE OTHER ISSUE THAT WE'RE GOING TO HAVE, AND MR. GRINDSTAFF WILL BRING UP, IS THE ISSUE RELATIVE TO THE REPRESENTATIONS OF THE MAP. WHAT HE WILL SAY TO YOU IS HE WANTS WORDED IN THERE THAT SAYS -- OR LANGUAGE THAT ALL THIS ON THIS MAP IS ILLUSTRATIVE ONLY, EXCEPT FOR THESE SPECIFIC THINGS WHICH WE'VE AGREED TO, WHICH ARE THE MAIN COLLECTOR ROAD AND MAGNOLIA PARK. WE ARE SIMPLY -- THE STAFF IS NOT GOING TO AGREE TO THAT. WE HAVE AGREED WE'LL WORK OUT SOME LANGUAGE THAT SAYS, THE $250,000 WE SPENT TO DATE ON LAYING OUT A PLAN IS NOT WILLY-NILLY. IT MEANS SOMETHING. THERE IS RELATIONS OF STREETS AND ALL THAT, THEY MEAN SOMETHING; AS WELL AS, OBVIOUSLY, ALSO, SPECIFICALLY DESIGNATED WOULD BE WETLAND PARK. - . ~, . ,- 73 1 SO GETTING TO SOME AGREEMENT ON THAT LANGUAGE 2 IS ONE WHERE WE ARE CURRENTLY SNARLED. BUT I 3 THINK WE CAN GET THERE TO THE POINT THAT WE 4 UNDERSTAND THAT IF, FOR EXAMPLE, THIS AREA IS THE 5 WAY WE HAVE IT REPRESENTED ON THIS PLAN, IF A 6 DEVELOPER COMES IN AND SAYS, WE HAVE A BETTER PLAN 7 THAT WILL WORK BETTER OR IS GOOD OR IS BETTER, BUT 8 9 WE WANT TO MOVE THIS PART TO HERE, WOULD WE CARE? I DON'T THINK SO. 1 0 BUT IT'S A BUT-FOR KIND OF THING. IT'S OKAY, 1 1 BUT YOU'VE GOT TO SHOW US SOMETHING THAT'S GOOD OR 12 BETTER SO WE'RE CONVINCED THAT WHAT WE'RE GETTING 13 IS NOT JUST SOMETHING THAT'S GOING TO TAKE AWAY 14 FROM THE OVERALL CONCEPT. 1 5 SO THOSE WORDS OF ALL THIS IS SHOWN FOR 1 6 ILLUSTRATIVE PURPOSES ONLY IS NOT ACCEPTABLE TO 17 ME. I DON'T THINK IT SHOULD BE ACCEPTABLE TO THIS 18 COMMISSION. 19 HOWEVER, I THINK THERE MAY BE SOME LANGUAGE 20 WE CAN GET TO THAT SAYS THAT IN THE EVENT OF 21 SUCH-AND-SUCH, THEN SO-AND-SO HAPPENS. I THINK WE 22 CAN DEAL WITH THAT. BUT TO SAY THEY'RE THERE FOR 23 ILLUSTRATIVE PURPOSES, I DON'T BUY THAT. 24 MR. MCLEOD: I THINK I'D HAVE TO AGREE WITH . . '....., . 74 1 YOU AT THAT POINT, BECAUSE THAT WOULD BASICALLY 2 TELL ME THAT -- 3 MR. MCLEMORE: THAT THE PLAN HAS NO MEANING. 4 MR. MCLEOD: AND WE BASICALLY ARE GOING TO 5 6 BRING THESE AMENITIES TO A PROPERTY OWNER WITHOUT A DEVELOPMENT PLAN, AND THEN DETERMINE TO HAVE A 7 DEVELOPMENT PLAN TO BE BROUGHT IN FRONT OF US THAT 8 CHANGES THE WHOLE CONCEPT OF THE DOWNTOWN CENTER. 9 SO I WOULD AGREE WITH YOU. 10 MR. MCLEMORE: RIGHT. AND THOSE ARE THE 1 1 ISSUES THAT I MENTIONED TO YOU A LITTLE EARLIER 12 THAT I WAS VERY NERVOUS ABOUT GETTING INTO THIS 13 KIND OF AN AGREEMENT WITHOUT A SPECIFIC 14 DEVELOPMENT ON THE PROPERTY. 1 5 HOWEVER, THE FLIP SIDE OF THAT IS THIS IS 1 6 PRIVATE PROPERTY. THE CITY DOESN'T OWN IT. AND 17 18 WE'RE DRAWING LINES ALL OVER IT. IT'S NOT THE DEVELOPER DRAWING LINES ON IT. IT'S US DRAWING 19 LINES ON IT, AND THAT HAS CERTAIN IMPLICATIONS. 20 MR. MCLEOD: ABOUT THREE MILLION THAT I CAN 21 SEE. 22 MR. MCLEMORE: WELL, ACTUALLY, IT'S PROBABLY 23 ABOUT A MILLION AND A HALF. 24 IF YOU LOOK AT THE NUMBERS -- I MEAN, AS LONG . Ie \"!!I, . 75 1 AS WE'RE EVEN -- EVEN VALUE-TO-VALUE THEN, I DON'T 2 THINK THEY FEEL LIKE THEY'RE GETTING ANYTHING. SO 3 THERE'S SOME OVERAGE FOR THEIR CONCERNS. 4 BUT THOSE ITEMS THAT ARE HERE TO FILL THOSE 5 CONCERNS AND CREATE VALUE AT THE SAME TIME ALSO 6 HELPS JUMP-START THIS PROJECT. SO WE ALL ,WIND UP 7 WINNING IN THE LONG RUN. 8 MAYOR PARTYKA: OKAY. COMMISSIONER 9 MARTINEZ. 1 0 MR. MARTINEZ: I DON'T WANT TO SAY ANYTHING 1 1 (INAUDIBLE), BUT I WANT TO MAKE A COUPLE POINTS 12 HERE. BUT ANYWAY, I CONCUR WITH COMMISSIONER 13 MCLEOD. I DID WHEN THE FIRST AGREEMENT WAS 14 SUBMITTED TO US. IT IS ~HAT IT TENDS TO LEAN 1 5 HEAVILY TOWARDS THE LANDOWNER INSTEAD OF A MORE 16 EQUITABLE SOLUTION BEING IN TERMS OF THE FIGURES 17 OR AMENITIES TO THE AREA. AND I THINK WE SHOULD 18 WORK ON THAT A LITTLE MORE. 19 I ALSO WOULD LIKE TO ASK THE MANAGER -- I'LL 20 BE VERY BRIEF -- DO YOU RECALL I ASKED A QUESTION 21 EARLY LAST YEAR AND YOUR ANSWER WAS THAT THE 22 CONCEPT OF THIS PROJECT WOULD NOT BE CHANGING, 23 BECAUSE WE HAD A VISION AND WE SPENT A LOT OF 24 MONEY ON AN ARCHITECT, ET CETERA, ET CETERA, TO . . . 76 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 1 4 1 5 16 1 7 18 19 20 21 22 23 24 DEVELOP THESE PLANS, AND WE'RE GOING TO TRY TO STICK TO THEM? MR. MCLEMORE: RIGHT. MR. MARTINEZ: NOW, I SEE, POSSIBLY, THE START, WHICH IT USUALLY HAPPENS. FIRST, IT'S ONE THING, THEN SOMETHING ELSE COMES UP. IT'S DISMANTLING OF THE ORIGINAL CONCEPT BY DOING AWAY WITH THE CIVIC CENTER THAT WAS SCHEDULED FOR MAGNOLIA SQUARE, AS YOU KNOW. AND I'M SURE YOU HAVE SEEN OTHER TOWN CENTERS, SOMETHING SIMILAR TO THIS HERE. IT'S ONE OF THE GREAT ATTRACTIONS IN A TOWN CENTER FOR PEOPLE CAN COME AND MINGLE AND TALK TO EACH OTHER AND SPEND A LITTLE TIME EVEN DISCUSSING POLITICS AND WHAT'S HAPPENING IN THE CITY. THEY DO THAT. I WOULD HATE TO SEE THE CIVIC CENTER THAT WAS SCHEDULED FOR THAT SQUARE DISAPPEAR MERELY BECAUSE OF THE SIZE OF IT. I FEEL THAT THE ONLY WAY YOU'RE GOING -- YOU WOULD BE ATTRACTING LARGE CROWDS TO THAT PLACE IS IF YOU HAD A CONCERT, A MEANINGFUL CONCERT. AND THEN I DON'T KNOW HOW MANY PEOPLE WOULD ATTEND AS THINGS GO. YOU MAY HAVE 200, YOU MAY HAVE A THOUSAND. WE DON'T KNOW WHAT IT WILL BE. - . .. 77 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 1 5 16 17 18 19 20 21 22 23 24 BUT I WOULD URGE YOU TO TRY TO TAKE EVERY STEP POSSIBLE TO TRY AND SAVE THAT CIVIC CENTER ON MAGNOLIA SQUARE, BECAUSE IT WOULD LEND TO THE AESTHETICS OF THE PROJECT. MR. MCLEMORE: AND I AGREE WITH YOU. BUT JUST KEEP IN MIND THAT THE REASON THE CONFIGURATION CHANGED WAS BECAUSE OF THE WETLANDS. MR. MARTINEZ: THAT'S SOMETHING THAT WE HAVE TO CONSIDER, TOO. MAYOR PARTYKA: IS THAT IT? MR. MARTINEZ: YES. MAYOR PARTYKA: EVERYONE HAS TALKED AT LEAST ONCE. COMMISSIONER BLAKE IS NEXT. I GOT YOU, THEN COMMISSIONER MILLER, THEN COMMISSIONER GENNELL. DEPUTY MAYOR GENNELL: I NEVER KNOW WHEN MY LIGHT IS ON. MAYOR PARTYKA: I WATCH IT, BELIEVE ME. COMMISSIONER BLAKE. MR. BLAKE: THANK YOU, MAYOR. I WOULD LIKE TO HEAR FROM THE SCHRIMSHER ORGANIZATION AT THIS POINT IN TIME, HEAR WHAT SOME OF THEIR RESPONSES ARE. THEN WE CAN ALL RESPOND, PROBABLY, MORE INTELLIGENTLY TO SOME OF THEIR ISSUES THAT THEY'RE . . "" '.' 78 1 BRINGING UP. THAT'S WHAT I WOULD LIKE TO DO. 2 MAYOR PARTYKA: IS THAT OKAY WITH THE 3 COMMISSION? 4 DEPUTY MAYOR GENNELL: JUST LET ME CONTRIBUTE 5 ONE THING BEFORE THAT. THEN WE CAN GET RIGHT INTO 6 THAT. 7 JUST FOR EVERYBODY'S INFORMATION, r 8 SPECIFICALLY ASKED VICTOR DOVER HOW BIG MAGNOLIA 9 SQUARE WAS, AND HE TOLD ME IT WAS AT LEAST TWO 10 FOOTBALL FIELDS NOW, THAT WAS BACK WHEN WE 1 1 FIRST WENT THROUGH THIS -- WHICH ASSURED ME THAT 12 IT WAS A GOOD SIZE FOR TREES, PUBLIC GATHERINGS, 1 3 AND SO FORTH. SO THERE'S, SOME DIFFERENCE IN 14 PERCEPTION. WELL, IT ISN'T NOW. 1 5 MR. BLAKE: IT NEVER WAS. 16 DEPUTY MAYOR GENNELL: LET'S HEAR FROM THE 17 SCHRIMSHERS. 1 8 MR. MCLEMORE: THE ONLY WAY TO GET THE 19 PROPERTY BACK IS TO TAKE THIS PORTION. 20 DEPUTY MAYOR GENNELL: A PIECE OF BOTH OF 21 THEM. 22 MAYOR PARTYKA: LET'S HEAR FROM THE PROPERTY 23 OWNERS. 24 DEPUTY MAYOR GENNELL: MR. MAYOR, AFTER . . . 79 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 1 4 1 5 1 6 1 7 18 19 20 21 22 23 24 COMMISSIONER BLAKE, MY LIGHT IS STILL ON. MAYOR PARTYKA: ALL RIGHT. MR. GRINDSTAFF, MR. SCHRIMSHER, EITHER OF YOU OR BOTH. MR. GRINDSTAFF: MIND IF WE USE YOUR STUFF HERE? DEPUTY MAYOR GENNELL: MR. MAYOR, WHILE THEY'RE DOING THAT, JUST LET ME ASSURE YOU AND EVERYBODY ELSE THAT IS CONCERNED FOR THE TIME HERE TONIGHT. THIS IS SOME OF THE BEST TIME WE ARE EVER GOING TO SPEND SITTING HERE IN THIS BUILDING. SO JUST GO WITH IT, PLEASE. MR. GRINDSTAFF: THANK YOU, MR. MAYOR. MICHAEL GRINDSTAFF, ATTORNEY WITH SHUTTS & BOWEN, 20 NORTH ORANGE AVENUE, SUITE 1000, ORLANDO. WE REPRESENT THE SCHRIMSHER GROUP. HERE WITH ME TONIGHT IS MICHAEL SCHRIMSHER, AND WE WILL ATTEMPT TO ADDRESS A FEW ISSUES THAT WERE RAISED, AS WELL AS SOME OF THE ISSUES THAT WE HAVE. FIRST OF ALL, WE'D LIKE TO REMIND EVERYONE, WHILE MR. MCLEMORE MENTIONED IT, I DON'T THINK IT GETS THE CREDIT IT DESERVES, THAT THIS PLAN HAS CHANGED NOT BECAUSE OF ANY NEGOTIATIONS OR BECAUSE . :. \" . 80 1 WE COULD DO SOMETHING ONE WAY VERSUS ANOTHER AND 2 SOMEHOW WE NEGOTIATED A DIFFERENT DEAL. 3 IT CHANGES BECAUSE MIKE SCHRIMSHER'S CONSTANT 4 REQUESTS THAT THE CITY LOOK AT THE ACTUAL WETLAND 5 LINE WAS IGNORED FOR OVER A YEAR. IT WAS FINALLY 6 FOCUSED ON, LOOKED AT, AND WE WENT BACK AND LOOKED 7 AT THE PLAN AND, AS A RESULT, THAT DID CHANGE SOME 8 LAYOUTS IN THE TOWN CENTER. 9 SO PLEASE KEEP THAT IN MIND. THIS IS NOT 1 0 LIKE THERE WAS AN EFFORT TO REDUCE MAGNOLIA PARK 1 1 OR ANYTHING ELSE. WHAT HAPPENED WAS MAGNOLIA PARK 1 2 WAS ASSUMED TO BE BIGGER BECAUSE IT WAS BASED ON 1 3 ERRONEOUS FACTS THAT THE CITY CHOSE TO IGNORE. 1 4 NOW, A COUPLE OF THINGS THAT -- I REALLY 15 DON'T KNOW WHERE TO START. WE WERE BOUNCING ALL 1 6 OVER THE PLACE WITH SOME OF THESE NUMBERS IN THE 17 AGREEMENT. I WISH MR. MCLEOD WERE HERE. WE HAVE 18 WORKED LONG AND HARD ON THIS AGREEMENT, AND I 19 WOULD LIKE TO THANK -- THIS MAY SOUND STRANGE, BUT 20 I'D LIKE TO THANK MR. MCLEMORE FOR HIS TIME AND 21 EFFORT IN THIS, AS WELL AS ANTHONY GARGANESE. WE 22 HAVE MADE A LOT OF PROGRESS. I THINK YOU CAN TELL 23 BY THAT AGREEMENT AND WHAT IT LOOKS LIKE. 24 OUR CONCERNS WITH THE AGREEMENT, . . . 81 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 14 1 5 1 6 17 18 19 20 21 22 23 24 MR. MCLEMORE, I THINK, ADEQUATELY -- OR ACCURATELY DESCRIBED OUR DESIRE FOR MAKING CLEAR THAT THIS MAP AND THE TOWN CENTER MAP WAS FOR ILLUSTRATIVE ,PURPOSES ONLY, AND THAT HAD TO DO WITH THE LINES RUNNING ALL OVER THE SCHRIMSHER PROPERTY. MR. MAYOR, YOU AND MR. MCLEOD, WITH THE DAY-TO-DAY INVOLVEMENT WITH REAL PROPERTY, PROBABLY HAVE A LITTLE MORE APPRECIATION FOR WHAT THOSE LINES RECORDED IN THE PUBLIC RECORD DO TO A PIECE OF PROPERTY MORE SO THAN ANYONE ELSE WITH LESS REAL ESTATE EXPERIENCE. BUT A DOCUMENT THAT'S RECORDED INTO PUBLIC RECORD THAT HAS LINES GOING EVERYWHERE AND HAS PARKS DEPICTED IN DIFFERENT LOCATIONS, WITHOUT FURTHER CLARIFICATION, MAY CAUSE US TROUBLE IN THE FUTURE WITH PEOPLE LOOKING AT THE PROPERTY AND WANTING TO KNOW, WHAT CAN I DO WITH THIS PROPERTY? WHAT DO THESE LINES MEAN? AND WHAT THESE LINES MEAN, BUT FOR WHAT IS ACTUALLY BEING PAID FOR, WOULD MEAN THAT THIS IS A PLAN. IT IS A PLAN THAT CAN BE ALTERED. IT IS A PLAN THAT IS FOR ILLUSTRATIVE PURPOSES ONLY. AND WE'D LIKE TO POINT THAT OUT. WITH REGARD TO WHAT'S BEING NEGOTIATED AS @t . "-== ~ 82 1 PAID FOR OR AS PART OF THE TRADE, WHICH WOULD 2 INCLUDE THE WETLAND PARK, MAGNOLIA PARK, AND THE 3 COLLECTOR ROAD, WE REALIZE THAT THOSE NEED TO BE 4 IDENTIFIED, SHOWN. AND WHEN THOSE LINES HIT THE 5 6 PAPER, THEY NEED TO BE THERE AND MEAN SOMETHING. THE OTHER LINES -- FOR EXAMPLE, SOME OF 7 OH, YOU'RE NOT LOOKING AT THE -- SOME OF THESE 8 THESE INTERNAL LINES WITH THE ALLEYWAYS OR THE 9 ROADWAYS, THEY MAY CHANGE. THEY MAY MOVE OVER. 1 0 THEY MAY DISAPPEAR. THERE MAY BE TWO OF THEM 1 1 INSTEAD OF ONE OF THEM. THIS PARK MAY GET 12 BIGGER. IT MAY GET RELOCATED. THERE MAY BE MORE 13 THAN THE PARKS YOU SEE HERE. 1 4 YOU KNOW, WHO'S GOING TO MAINTAIN THESE 15 PARKS? ARE YOU GUYS GOING TO MAINTAIN THESE 1 6 PARKS? ARE WE GOING TO INCORPORATE THEM INTO 17 VARIOUS DEVELOPMENTS THAT OCCUR WITHIN THE TOWN 18 CENTER? 19 THERE ARE A LOT OF QUESTIONS THAT COME UP. 20 AND I THINK EVERYONE'S INTEREST CAN BE PROTECTED 21 WITH APPROPRIATE VERBIAGE, AND I THINK ANTHONY AND 22 I CAN WORK ON THAT. 23 BUT TO LET EVERYONE KNOW THAT, BUT FOR THOSE 24 FIXED LINES, THE REST OF IT IS FOR ILLUSTRATIVE . . . 83 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 17 18 19 20 21 22 23 24 PURPOSES, AND THAT THE DESIRE OF THE PLAN WOULD BE TO FOLLOW THOSE LINES AS REASONABLY AS POSSIBLE, BUT REALIZE THAT THEY CAN BE MOVED. THAT WAS A BIG ONE. AND, HOPEFULLY, WE CAN REACH SATISFACTORY LANGUAGE FOR BOTH SIDES THERE. WITH REGARD TO THE -- I'VE SAID THE PARKS AND STREETS MAY NEED TO MOVE. THEY MAY NEED TO EXPAND. PARCEL "I," WE WOULD CONCUR WITH COMMISSIONER MILLER AND COMMISSIONER MCLEOD AND WHOEVER ELSE -- VICTOR DOVER. VICTOR DOVER, THE PAID CONSULTANT WHO IDENTIFIES MAGNOLIA PARK RIGHT HERE, DOES NOT INCLUDE PARCEL "I" IN MAGNOLIA PARK FOR THE PURPOSES OF SQUARING OFF THE PARK AND HAVING A SENSE OF PLACE, LIKE COMMISSIONER MILLER WAS REFERRING TO. WE, TOO, AGREE THAT "I" SHOULD NOT BE PART OF THE PARK. WE THINK THIS LITTLE PIECE HERE SHOULD NOT BE PART OF PARK LAND AND THAT IT DOESN'T NEED TO BE TO ACCOMPLISH WHAT THE PLANNER WANTS TO DO OR WHAT -- IN TERMS OF THE CONCEPT FOR THE PARK. THE COST OF THE SEWER, THE WATER, THE COLLECTOR ROAD, AND THE ISSUE OF APPRAISALS AND WHAT ARE THE VALUES ~- YOU SHOULD ALSO KNOW -- I . . . 84 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 1 5 1 6 1 7 18 19 20 21 22 23 24 DIDN'T GET A CHANCE TO SAY IT WITH REGARD TO THIS MOST RECENT COpy OF THE AGREEMENT -- WE WORKED -- ANTHONY, I KNOW, WORKED HARD TO GET IT, BUT WE, TOO, GOT IT ABOUT 15 MINUTES BEFORE WE LEFT TO COME OUT HERE TODAY. THE NUMBERS OF THE APPRAISALS AND THE DETAILED ANALYSIS OF DEDICATIONS TO THE ~ITY VERSUS DEDICATIONS TO SCHRIMSHERS, WE GOT THOSE WHEN WE ARRIVED HERE TONIGHT. SO WE HAVE NOT HAD AN OPPORTUNITY TO LOOK AT THOSE NUMBERS. BUT JUST SITTING HERE WHILE THIS MEETING'S GOING ON, WE HAVE A FEW THINGS THAT WE WOULD LIKE TO MENTION. COMMISSIONER GENNELL TOUCHED ON THE POSSIBILITY OF MITIGATING A PART OF THE WETLAND PARK RIGHT HERE FOR PASSIVE ACTIVITIES, PERHAPS, IN CONJUNCTION WITH MAGNOLIA PARK. ONE THING SHE TOUCHED ON WAS MITIGATION. WETLAND PARK, UNDER TODAY'S ZONING, WHICH IS C-1 COMMERCIAL, COULD BE MITIGATED. IT COULD BE MITIGATED AND DEVELOPED. AND YES, THERE WOULD BE A COST ASSOCIATED WITH THAT. YOU'D HAVE TO GO PAY FOR CREDITS SOMEWHERE ELSE IN ORDER TO MITIGATE THIS PROPERTY AND DEVELOP IT. AND IT WOULD GO THROUGH A 1. . . 85 1 CONSIDERABLE ONEROUS PERMITTING PROCESS. 2 THE POINT IS IT COULD BE DONE AND IT COULD BE 3 DONE PROFITABLY. THAT'S WHAT HAPPENS WITH 4 MITIGATION BANKS, MITIGATION CREDITS, SOME OF THE 5 STATEWIDE PROGRAMS AND AREA-WIDE PROGRAMS. 6 THE VALUE THAT WAS ATTRIBUTED TO THIS 19.5 7 ACRES, COMMISSIONER MCLEOD, WAS ABOUT $5',000 AN 8 ACRE. THAT'S $5,000 AN ACRE CLAIMING THAT THAT'S 9 ALL THE WETLANDS ARE WORTH. BECAUSE OF ITS 10 LOCATION AND BECAUSE IT'S BEING MITIGATED, WE 1 1 BELIEVE ,THAT IT COULD BE MITIGATED COST 12 EFFECTIVELY TO YIELD A VALUE WELL IN EXCESS OF 13 . $5,000 AN ACRE. 1 4 AND WHAT IS THAT? I DON'T KNOW WHAT IT IS, 15 BUT THAT'S SO CLEARLY LOW THAT WE KNOW THAT THAT 1 6 CAN BE DONE. 1 7 ANOTHER COMMENT BASED ON THE PRELIMINARY 18 REVIEW OF THESE NUMBERS, WE HAVEN'T HAD A CHANCE 19 TO CALCULATE THE ACRES. WE'RE NOT SURE ABOUT THE 20 ACRES OF ANY OF THIS STUFF. 21 THE TUSCAWILLA ROAD IMPROVEMENTS, I 22 UNDERSTAND, IS ONE-HALF. AND I WOULD LIKE TO ASK 23 MR. MCLEOD, ,IS THAT ONE-HALF GOING FROM HERE TO 24 HERE, ALL THE WAY UP BECAUSE IT FRONTS ON THE . . . 86 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 1 6 1 7 18 19 20 21 22 23 24 SCHRIMSHER PROPERTY? MR. MCLEOD: DO YOU WANT TO ASK ME OR MR. MCLEMORE? MR. GRINDSTAFF: OH, NO. MR. MCLEMORE. I'M SORRY. DID I SAY COMMISSIONER MCLEOD? YOU WERE ON THE SAME QUESTION. MR. MCLEOD: I COULD ANSWER IT, PROBABLY. MR. MCLEMORE: I BELIEVE WE STOPPED JUST NORTH OF MAGNOLIA PARK. TERRY? OKAY. THE FULL LENGTH. MR. GRINDSTAFF: THAT'S ONLY ONE-HALF OF IT. MR. MCLEMORE: YES. MR. GRINDSTAFF: OKAY. WE'LL BE LOOKING INTO THAT. THE COLLECTOR ROAD IMPROVEMENTS, THAT 1,151,000, IS THAT PORTION OF THE COLLECTOR ROAD IMPROVEMENTS LOCATED ONLY ON THE SCHRIMSHER PROPERTY? MR. ZAUDTKE: YES. MR. GRINDSTAFF: IS THAT A YES FROM MR. TERRY? MR. ZAUDTKE: YES. DEPUTY MAYOR GENNELL: WHERE ARE YOU TALKING ABOUT NOW? . . . -. 87 1 MR. GRINDSTAFF: THAT WOULD BE FROM HERE TO 2 HERE. 3 MR. MCLEMORE: OH, YES. ABSOLUTELY. THERE'S 4 NOTHING ON THE OTHER SIDE. 5 MR. GRINDSTAFF: NOTHING ON THE BLUMBERG-- 6 OKAY. 7 AND THE ONE PAGE THAT HAS THE AMENITIES 8 ASSUMPTION, COMMISSIONER MCLEOD, I GUESS THAT'S 9 BASED ON THE ASSUMPTION THAT THE AMENITIES INURE 10 ONLY TO THE BENEFIT OF THE SCHRIMSHER PROPERTY AND 1 1 NOT TO THE COMMUNITY AT LARGE? 12 MR. MCLEMORE: WELL, THAT COULD BE ARGUED. 13 THEY'RE CERTAINLY ON YOUR PROPERTY. BUT YOU CAN 14 MAKE A REASONABLE ARGUMENT THAT EVERYTHING, TO 1 5 SOME DEGREE, IS GOING TO INURE TO THE GENERAL 1 6 PUBLIC. 17 MR. GRINDSTAFF: WELL, WHY ARE THE 18 SCHRIMSHERS BEING NAILED -- OR CREDITED WITH AN 19 ENHANCEMENT FACTOR WHEN EVERYONE ELSE GETS TO USE 20 THE PROPERTY, INCLUDING THE CITY? 21 MR. BLAKE: THAT'S WHY WE'RE GIVING YOU THE 22 TWO MILLION. 23 MR. GRINDSTAFF: WELL, ARE YOU? I MEAN, 24 THAT'S WHAT WE'RE TRYING TO GET TO. WHAT IS IT . . . 88 1 2 3 4 5 6 7 8 9 10 1 1 1 2 1 3 14 1 5 1 6 17 18 19 20 21 22 23 24 THAT'S HAPPENING? WE DON'T KNOW WHAT'S HAPPENING. ONE OF THE THINGS WE TALKED ABOUT THAT WAS UNCLEAR, ARE YOU TALKING ABOUT INCREASED CONNECTION FEES IN THE TOWN CENTER? WE WERE UNDER THE IMPRESSION, AT LEAST BASED ON OUR DISCUSSIONS, THAT THE CONNECTION FEES WOULD BE THOSE 'CONNECTION FEES THAT ARE TYPICAL AND CUSTOMARY THROUGHOUT THE CITY. MR. MCLEMORE: NO. NO. MR. GRINDSTAFF: THAT'S NEWS TO US FOR WHAT IT'S WORTH. MR. MCLEMORE: WE HAD THAT DISCUSSION AT THE TABLE. MR. GRINDSTAFF: YOU DIDN'T HAVE IT AT THE TABLE THAT I WAS AT. MR. MCLEMORE: I BELIEVE, MR. ZAUDTKE, YOU WERE THERE? MR. ZAUDTKE: I'M SORRY? MR. MCLEMORE: WERE YOU AT THAT MEETING? MR. ZAUDTKE: WHICH? MAYOR PARTYKA: YOU KNOW, COME ON UP HERE, TERRY~ AGAIN, I WANT TO PREFACE THIS COMMENT NOW. THE WHOLE POINT OF WHAT WE'RE TRYING TO DO . . -.,- . ..... 89 1 HERE IS NOT TO DEBATE ISSUES HERE OR TO NEGOTIATE, 2 BUT TO SEE IF THERE'S ANYTHING OBVIOUS SO WE CAN 3 MOVE THIS ON. OKAY. 4 NOW, IF THERE'S STILL SOME ISSUES TO DISCUSS, 5 OKAY. BUT THE COMMISSION HERE, IF THERE'S 6 ANYTHING OBVIOUS, I THINK THEY'VE BEEN TALKING. 7 BUT I DON'T WANT TO GET INTO A DEBATE RIGHT NOW OF 8 WHO'S WHAT. I THINK THAT'S STILL AVAILABLE FOR 9 NEGOTIATION. 10 MR. GRINDSTAFF: JUST AS LONG AS EVERYONE 1 1 REALIZES THAT WE DIDN'T GET A CHANCE TO ADDRESS 12 EACH AND EVERY POINT HERE TONIGHT. IF SOMEONE 13 SAYS, HEY, BACK ON THE 13TH MR. MCLEMORE SAID X, 14 AND YOU DIDN'T WANT TO TALK ABOUT IT. THERE ARE A 15 NUMBER OF POINTS THAT WE CAN TALK ABOUT. 1 6 DEPUTY MAYOR GENNELL: MR. MAYOR, CAN I MAKE 17 A POINT OF ORDER? 18 MAYOR PARTYKA: YES. 19 DEPUTY MAYOR GENNELL: WE'RE ON THE PUBLIC 20 RECORD HERE FOR POTENTIAL LITIGATION. AND TO LET 21 A FACT GO ON THE RECORD, IF IT'S DEEMED TOTALLY 22 UNTRUE, AND SOMEBODY ON OUR STAFF WANTS TO REFUTE 23 IT, I THINK, ON THE RECORD, THEY SHOULD HAVE THAT 24 OPPORTUNITY. . . . 90 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 1 5 16 17 1 8 19 20 21 22 23 24 MR. MCLEMORE: I'M REFUTING IT. DEPUTY MAYOR GENNELL: PARDON ME? MR. MCLEMORE: I'M REFUTING IT. MR. SCHRIMSHER: OKAY. I'LL EXPLAIN WHAT HE WAS TRYING TO SAY. MICKEY WAS GONE. HE HAD TO LEAVE FOR A NOON APPOINTMENT -- OR 12:30 APPOINTMENT. I WAS THERE, AND THE COMMENT MADE WAS THAT CONNECTION FEES WOULD BE USED TO PAY FOR SOME OF THESE THINGS. BUT IT WAS NOT MADE CLEAR TO ME THAT WE WERE TALKING ABOUT AN INCREASE IN CONNECTION FEES TO WHAT ARE CURRENTLY EXISTING. SO WHAT RON MAY HAVE MEANT AND WHAT I UNDERSTOOD HIM TO MEAN WERE PROBABLY TWO DIFFERENT THINGS. I KNOW THAT YOU-ALL HAVE CONNECTION FEES IN THE CITY OF WINTER SPRINGS AND THAT YOU USE THEM TO PAY FOR IMPROVEMENTS. BUT WHAT I DIDN'T UNDERSTAND WAS THAT THERE WERE INCREASED CONNECTION FEES THAT WERE GOING TO BE APPLIED ONLY TO THE TOWN CENTER. AND MICKEY COULDN'T UNDERSTAND ANY OF IT, BECAUSE HE WASN'T THERE. MR. MCLEMORE: IF I COULD ANSWER. I THINK THAT'S A FAIR STATEMENT FROM MICHAEL. HE MAY HAVE MISUNDERSTOOD ME, BUT I TRIED TO GET THIS ACROSS. . . Ie 91 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 15 16 17 18 19 20 21 22 23 24 BUT THE POINT WAS, YOU KNOW, OUR IMPACT FEES DO NOT PROVIDE FOR LINES. THEY ONLY PROVIDE FOR TREATMENT. SO IN ORDER TO FIND A FUNDING BASE FOR THIS, WE NEED TO CREATE A SPECIAL DISTRICT THAT WOULD PAY FOR LINES WE DON'T HAVE ANYWHERE ELSE IN THE CITY. WE MAKE THE DEVELOPER PUT THEM IN. IN THIS CASE, THE DEVELOPER IS NOT BEING MADE TO PUT THEM IN. THEY'RE GOING TO BE FINANCED BY IMPACT FEES. THEY'RE REALLY NOT IMPACT FEES, BUT MR. GRINDSTAFF: SO YOU'RE REALLY NOT PAYING FOR IT. YOU'RE ADVANCING IT AND COLLECTING IT FROM CONNECTION FEES. MR. MCLEMORE: SURE. MR. GRINDSTAFF: WOULD THAT CHANGE THE TWO MILLION DOLLAR FLUFF THAT'S IN THESE NUMBERS? MR. MCLEMORE: I DON'T UNDERSTAND YOUR QUESTION. MR. GRINDSTAFF: IF YOU'RE NOT PAYING FOR IT BY GIVING IT TO THE SCHRIMSHERS, LIKE I THINK YOU'VE LED THESE FOLKS TO BELIEVE, BASED ON THESE NUMBERS -- IF YOU'RE NOT PAYING FOR IT, THEN YOU'RE GOING TO JUST ADVANCE IT AND THEN COLLECT IT BACK BY SPECIAL ASSESSMENT THROUGH INCREASED ~ . ~, . 92 1 CONNECTION CHARGES, WHO'S PAYING FOR IT? 2 MR. MCLEMORE: I THINK THE WAY TO ANSWER THAT 3 IS WE JUST TAKE IT OUT OF THE DEAL AND LET YOU PAY 4 FOR IT, BECAUSE WE DON'T HAVE IT. THIS IS NOT 5 ALLOWED ANYWHERE IN THE CITY. 6 MR. GRINDSTAFF: BUT JUST 7 MR. MCLEMORE: NO. NO. NO. NO. LET ME 8 ANSWER THE QUESTION YOU ASKED. THE QUESTION YOU 9 ASKED WAS: IS THE CITY GOING TO PAY FOR IT? 10 AND THE ANSWER IS, IN THE END, THE PUBLIC 1 1 PAYS FOR EVERYTHING. SO IT'S A MATTER OF WHERE 12 YOU COLLECT THE MONEY. 13 IN THIS CASE, IF THE'CITY DOESN'T DO THIS, 1 4 THEN YOU, OR A FUTURE DEVELOPER, CAN PAY FOR IT 1 5 INITIALLY IN THE DEVELOPMENT OF THE LAND, JUST 1 6 LIKE WE REQUIRE EVERYWHERE ELSE IN THIS CITY. 17 OR W~ CAN CREATE A SPECIAL WAY TO MEET A 18 SPECIAL CASE HERE. THE SPECIAL CASE HERE IS WE'RE 19 TRYING TO GET THE SEWER TO THIS AREA, WHICH IS 20 BEING DEFERRED AS PEOPLE' BUILD IN THE FUTURE, BY 21 CONNECTION FEES. BUT WE DON'T HAVE TO DO THAT. I 22 MEAN, IF YOU'RE OFFENDED BY THAT CONCEPT, WE DON'T 23 HAVE TO DO IT. 24 MR. GRINDSTAFF: NO. WE'RE NOT OFFENDED BY . . . 93' ' 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 15 1 6 1 7 18 19 20 21 22 23 24 THAT CONCEPT. WE'RE OFFENDED BY THE DISCLOSURE OF ONLY ONE-HALF OF IT. AND THAT IS, WE'RE DOING THIS SEWER LINE FOR THE SCHRIMSHERS. WE'RE DOING THE SEWER LINE FOR THE SCHRIMSHERS, AND LOOK AT THESE NUMBERS. THAT'S A MILLION ONE, A MILLION LET'S SEE. IT'S A MILLION ONE, ISN'T IT?, MR. MCLEMORE: THAT'S A MILLION ONE YOU DON'T HAVE TO COME UP WITH. MR. GRINDSTAFF: THAT'S RIGHT. YOU'RE ADVANCING IT AND YOU'RE GOING TO BE COLLECTING IT BACK. AND YOU'RE TELLING THEM THAT THE MR. MCLEMORE: THE SAME AS THE MR. GRINDSTAFF: -- SCHRIMSHERS ARE ENDING UP WITH THAT MONEY. I THINK IT IMPLIES THAT THE SCHRIMSHERS WALK AWAY WITH A MILLION ONE BENEFIT. I DON'T THINK THEY'RE WALKING AWAY WITH A MILLION ONE BENEFIT. MR. MCLEMORE: THAT'S SOMETHING THAT SCHRIMSHER DOES NOT HAVE TO PAY FOR IF HE'S THE DEVELOPER; IS THAT CORRECT? IT'S ALSO IN HIS PRICING TO A FUTURE BUYER, IS IT NOT? MR. GRINDSTAFF: THAT'S TRUE. MR. MCLEMORE: SO DOES IT NOT BECOME A BENEFIT? . tie ~ . 94 1 MR. GRINDSTAFF: THE ADVANCING OF THE MONEY 2 IS CLEARLY A BENEFIT. PLEASE UNDERSTAND, WE 3 ACKNOWLEDGE THAT THE ADVANCING OF THE MONEY IS A 4 BENEFIT. 5 MAYOR PARTYKA: TALK INTO THE MICROPHONE. 6 MR. GRINDSTAFF: BUT IT'S THE TIME VALUE. 7 IT'S NOT THE MILLION ONE. NOW, IF I'M NOT CLEAR, 8 MAYBE I SHOULD BACK UP AND START OTHER. BECAUSE 9 IT'S THE TIMING OF THE MONEY. IT'S NOT AN 1 0 OUTRIGHT ONE MILLION ONE WINDFALL FOR THE 1 1 SCHRIMSHERS. 12 MR. SCHRIMSHER: IT ALSO TELLS THE DEVELOPER 13 IT COSTS YOU MORE TO DEVELOP IN THE TOWN CENTER 1 4 THAN ELSEWHERE, WHICH IS THE OPPOSITE OF WHAT YOUR 15 MASTER PLAN YOU ADOPTED SAID WAS GOING TO HAPPEN. 16 YOU WERE GOING TO CREATE INCENTIVES TO MAKE IT 1 7 DESIRABLE FOR DEVELOPERS TO WANT TO DEVELOP THE 18 TOWN CENTER FIRST BECAUSE OF THE INCENTIVES YOU 19 WOULD CREATE. THIS IS A DIS-INCENTIVE. 20 MAYOR PARTYKA: OKAY. GO AHEAD. 21 MR. SCHRIMSHER: AND WE DON'T WANT TO FORGET 22 THE REASON THE CITY IS EVEN DOING THIS; IN ORDER 23 TO ACQUIRE SUBSTANTIAL PARKLANDS, ACCORDING TO 24 THIS DOCUMENT, 30-S0ME ACRES, WHICH GENERALLY . . . -.. .-- - ," ,. -. ~. ~ .. .'. ",' ~. - .. -. - . -.. ...~ ..... . ;..~ -. -.... .-. 95 1 WOULD BE ACQUIRED EITHER BY A WILLING BUYER AND 2 SELLER ENTERING INTO A CONTRACT OR YOU-ALL 3 CONDEMNING THE PROPERTY AND TAKING IT AGAINST OUR 4 WILL, WHICH WOULD NOT BE MONEY WE WOULD EXPECT YOU 5 TO -- WE WOULD NOT EXPECT YOU TO PAY FOR THAT BY 6 TURNING AROUND AND PUTTING THE PROPERTY YOU JUST 7 BOUGHT FROM US UNDER A SPECIAL ASSESSMENT DISTRICT 8 9 TO RE-COLLECT IT FROM FUTURE DEVELOPERS IN THE AREA. 10 MR. MCLEMORE: WELL, ASSESSMENT DISTRICTS ARE 1 1 THE WAY THAT MANY OF THESE THINGS ARE DEVELOPED. 1 2 AND IT'S THE SAME CONCEPT, ISN'T IT, THAT THE 13 FUTURE USES PAY FOR IT? 14 MR. SCHRIMSHER: I'D LOVE TO DEBATE THIS. I 1 5 THINK WE COME AT TWO DIFFERENT POINTS OF VIEW, 1 6 THOUGH. BECAUSE IF IT'S COMPARED, FOR EXAMPLE, TO 17 WHEN A ROAD IS BUILT, THERE'S NO ROAD THERE. OR 18 IF THERE'S A ROAD THAT'S THERE THAT'S WIDENED, THE 19 PROPERTY OWNER HAS PAID FOR THAT PROPERTY BY THE 20 CONDEMNING AUTHORITY. 21 AND THEN AFTER THE ROAD IS COMPLETED, THE 22 CONDEMNING AUTHORITY DOES NOT CREATE AN ASSESSMENT I 23 DISTRICT ALONG BOTH SIDES OF THE ROAD TO 24 RE-COLLECT THAT MONEY FROM THE BUYERS OF THAT ~ . . 96 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 1 5 16 1 7 18 19 20 21 22 23 24 PROPERTY. I'LL JUST BE PUTTING IT IN ONE POCKET AND TAKING IT OUT OF THE OTHER. MR. MCLEMORE: IN THIS CASE, IT'S PAID FOR BY -- USUALLY BY GAS TAXES. MR. SCHRIMSHER: YOU RECOGNIZE THE PUBLIC BENEFIT OF THE AMENITY THEY JUST CREATED. AND YES, THE BENEFIT GOES TO THE PUBLIC AND THE COST OF IT IS PAID FOR BY THE PUBLIC AT LARGE, NOT BY THE PARTICULAR INDIVIDUAL THAT THE AMENITY WAS JUST BUILT UPON. MR. GRINDSTAFF: THAT'S IT. MAYOR PARTYKA: CONTINUE. MR. GRINDSTAFF: THAT'S IT. I MEAN, MR. MCLEMORE HAD YOU BELIEVE THAT HE'S HANDING OVER A MILLION ONE TO THE SCHRIMSHERS, AND THAT'S THAT. YOU'RE NOT HANDING OVER A MILLION ONE TO THE SCHRIMSHERS FOR THE UTILITY LINE. YOU'RE BASICALLY ADVANCING THE MONE~, MAKING THE LOAN, AND YOU'RE GOING TO COLLECT IT BACK FROM PEOPLE AS THEY TAP INTO IT. MR. MCLEMORE: DIDN'T I SAY THOSE WORDS? DIDN'T I SAY THOSE VERY WORDS RIGHT AT THE FRONT OF THIS DISCUSSION? I'M CONFUSED. MICKEY, I SAID THOSE WORDS RIGHT AT THE BEGINNING OF THIS . . . 97 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 1 6 17 18 1 9 20 21 22 23 24 DISCUSSION. MAYOR PARTYKA: OKAY. MR. GRINDSTAFF: THE MILLION ONE -- MR. MILLER: I BELIEVE HE ALSO SAID MAYOR PARTYKA: HOLD IT. HOLD IT. ONE PERSON AT A TIME. GO THROUGH THE CHAIR. COMMISSIONERS, THROUGH THE CHAIR. DISCUSSION RIGHT NOW, THERE'S A QUESTION DIRECTED AT MR. MCLEMORE. HE WAS FINE. AGAIN, NO ONE ELSE SHOULD ADD ANYTHING TO IT AT THIS POINT IN TIME. OKAY. MR. MCLEMORE: I MEAN, THE ISSUE OF -- IT'S A SECOND MISREPRESENTATION THAT HAS BEEN PUT ON THE TABLE HERE TONIGHT. I JUST WANT TO PROVIDE YOU AGAIN THAT I VERY CLEARLY STATED THAT IN MY PRESENTATION EXACTLY THE WAY WE WOULD PAY FOR IT. MR. SCHRIMSHER: MAYBE WE'RE RESPONDING TO WHAT IT SEEMS LIKE THE COMMISSIONERS HAVE UNDERSTOOD YOU TO SAY, RATHER THAN WHAT YOU SAID. BECAUSE WE'RE RESPONDING TO SOME OF THEIR COMMENTS, ALSO, NOT ONLY TO YOURS. AND THERE'S DEFINITELY THE IMPRESSION HERE THAT WE'RE BEING GIVEN SOME SWEET DEAL AND WE'RE BEING GIVEN ALL THIS EXTRA BENEFIT. . . . '--.. 98 1 MR. MCLEMORE~ WELL, YOU MAY READ THAT IN 2 THEIR MIND, BUT I'M NOT SURE IT'S TRUE. 3 MR. SCHRIMSHER: I'M NOT READ~NG IT IN THEIR 4 MINDS. I'M JUST LISTENING TO THE THINGS THEY'VE 5 SAID. AND THERE IS -- WORDS MEAN THINGS, AND 6 THERE'S WORDS ON THIS SHEET THAT SAYS, NET TO 7 DEVELOPER, YOU KNOW; EXTRA ABOVE AND BEYOND THE 8 VALUE THAT'S COMING TO US, TO SCHRIMSHERS. 9 AND THE OTHER THING THAT MICKEY SAID I 10 THINK HE STARTED TO SAY ANYWAY -- IS THAT WE DID 1 1 JUST RECEIVE THESE NUMBERS, AND THEY MAY BE VERY 1 2 ACCURATE, BUT WE HAVE NO WAY OF SAYING. WE WOULD, 13 OF COURSE, WANT TO HAVE AN OPPORTUNITY TO LET OUR 14 ENGINEERS AND OUR CONSULTANTS REVIEW THEM TO SEE 15 IF THE VALUES ASSIGNED TO WHAT WE'RE CONTRIBUTING 16 IS A FAIR VALUE AND THE VALUE OF THE IMPROVEMENTS 17 BEING PROPOSED ARE FAIR, ALSO. THAT WILL JUST 18 TAKE SOME TIME. 19 MAYOR PARTYKA: OKAY. THANK YOU. I THINK 20 THE KEY POINT HERE -- AND I THINK EVERYONE -- 21 SEVERAL COMMISSIONERS MENTIONED IT, MR. MCLEMORE. 22 THE OWNERS -- WE DID GET THESE NUMBERS FOR THE 23 FIRST TIME TODAY. WE HAVE NOT HAD A CHANCE TO 24 REALLY DIGEST IT, LOOK AT IT, ANALYZE IT, PRO, . . . 99 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 15 1 6 17 18 19 20 21 22 23 24 CONS, WHATEVER. AND THE POINT OF THIS WAS NOT TO DEBATE THIS RIGHT NOW, BUT TO BRING OUT ANY KIND OF OBVIOUS THINGS THAT MAY BE WRONG OR BOTHERS COMMISSIONERS OR BOTHERS POTENTIAL OWNERS. BUT TO GO FROM HERE AND SAY, IS IT WORTHWHILE TO POSTPONE THIS THING, LET THE CITY MANAGER AND THE OWNERS OF THE LAND NEGOTIATE SOME MORE, I THINK THAT'S REALLY THE ISSUE. AND ALSO, TO TELL THE CITY MANAGER FROM THE COMMISSIONERS' STANDPOINT, IS THERE ANYTHING HERE THAT REALLY BOTHERS THEM OR A DIFFERENT DIRECTION. I THINK THAT'S WHAT WE'RE TRYING TO DO; NOT TO GET INTO A DEBATE HERE, BUT TO GO TO THE NEXT STEP. ARE YOU BOTH FINISHED AT THIS POINT? BECAUSE I'VE GOT A COUPLE COMMISSIONERS, AND I THINK WE NEED TO GET ON AND MOVE THIS ON ONE WAY OR THE OTHER. COMMISSIONER BLAKE AT THIS POINT, AND COMMISSIONER GENNELL IS LAST. MR. BLAKE: MY QUESTION STILL REMAINS THE SAME. THE MANAGER'S ASKING US FOR SOME DIRECTION AS TO WHETHER OR NOT HE IS ON THE RIGHT TRACK WITH THIS AGREEMENT. I BELIEVE WE STILL NEED TO HEAR . .' . 100 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 1 6 17 18 19 20 21 22 23 24 THE REST OF THE STORY FROM THE SCHRIMSHER ORGANIZATION, HAVE THEM TELL US WHAT OTHER THINGS THEY DISAGREE WITH SO THAT WE CAN HAVE A BETTER INDICATION OF WHETHER OR NOT THIS AGREEMENT IS HEADED ON THE RIGHT TRACK. SO IF YOU HAVE MORE THINGS BESIDES WHAT YOU'VE ALREADY SAID, I WOULD LIKE TO HEAR THOSE. I THINK NOW IS THE RIGHT TIME TO HEAR THOSE OUT, UNDERSTANDING THE LIMITATIONS THAT YOU'VE ALREADY EXPRESSED DUE TO GETTING INFORMATION LATE TODAY. MR. GRINDSTAFF: WELL, I THINK IT'S IMPORTANT TO NOTE THAT WE HAVE MADE A LOT OF PROGRESS ON THE AGREEMENT. I'VE HIGHLIGHTED THE BIG ISSUES THAT WE HAVE WITH THE AGREEMENT. WE HAVEN'T HAD A CHANCE TO LOOK AT THIS AGREEMENT BEFORE 15 MINUTES BEFORE WE GOT HERE AND LITERALLY SITTING OUT HERE DURING THE PUBLIC INPUT. MR. BLAKE: IF I CAN INTERRUPT. DO YOU MEAN THIS AGREEMENT, THE 13-PAGE AGREEMENT, OR ARE YOU TALKING ABOUT THE NUMBER? MR. GRINDSTAFF: THE 13-PAGE AGREEMENT CAME IN TODAY ABOUT 4:15. I'M NOT BEING CRITICAL OF ANYBODY'S EFFORTS TO DO THAT. ANTHONY'S BEEN . ~. . "! . 1 0 1 1 SICK. THERE'S BEEN A LOT OF EFFORTS TO GET IT 2 DONE. 3 MR. BLAKE: SO THIS 13-PAGE AGREEMENT? 4 MR. GRINDSTAFF: THIS DRAFT. 5 MR. GARGANESE: THIS DRAFT. OBVIOUSLY, THERE 6 HAVE BEEN OTHER PREVIOUS DRAFTS. 7 MR. GRINDSTAFF: THAT IS CORRECT. 8 9 MR. BLAKE: THIS IS A FINE-TUNING EFFORT. MR. GRINDSTAFF: THAT'S CORRECT. 10 MR. BLAKE: DO YOU FEEL THAT THIS DRAFT HAS 1 1 ENCOMPASSED MUCH OF WHAT YOU'VE DISCUSSED SO FAR? 1 2 MR. GRINDSTAFF: YES, WE DO. 13 MR. BLAKE: THE NEW VERSION. 14 MR. GRINDSTAFF: YES, WE DO. I MEAN, WE WANT 15 TO PAY ATTENTION TO THE LANGUAGE. WE WANT TO GET 16 THE PLANNER TO LOOK AT THE EXHIBITS. WE WANT TO 17 GET MR. FLORIO TO LOOK AT THE NUMBERS. 18 YOU KNOW, ONE OF THE THINGS THAT MR. MCLEMORE 19 AND US HAVE TALKED ABOUT IS HE WANTED' TO KNOW 20 AND RIGHTFULLY SO -- WHAT IS HE PAYING FOR? 21 WHAT'S INCLUDED IN THE TOWN CENTER? FAIR 22 QUESTION. 23 AND WE WANT TO KNOW EXACTLY WHAT IS BEING 24 EXPECTED OF THE SCHRIMSHERS TO GIVE UP, YOU KNOW, , . . 102 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 1 7 18 19 20 21 22 23 24 IN EXCHANGE FOR WHATEVER THAT NUMBER IS THEY'RE GETTING. AND WHAT IS THAT NUMBER? WHAT REALLY IS THE NUMBER? AND THAT'S WHAT WE NEED TO GET TO. AND I THINK WE'VE COME A LONG WAY. MR. BLAKE: GOOD. I'M GLAD TO HEAR THAT. LET ME ASK YOU ONE OTHER QUESTION. HOW MUCH LONGER IS IT GOING TO TAKE TO GET THIS FINALIZED MR. GRINDSTAFF: I DON'T KNOW THE ANSWER TO YOUR QUESTION. MR. BLAKE: -- THE FEW POINTS YOU BROUGHT UP WHERE THERE ARE SOME ISSUES THAT REMAIN? MR. GRINDSTAFF: I DON'T KNOW THE ANSWER, COMMISSIONER. I DON'T WANT TO MISREPRESENT TO YOU BY SAYING ANY SHORT NUMBER OR EVEN A HIGH NUMBER. MR. BLAKE: THE CITY MANAGER'S GIVEN US A PERCENTAGE DONE. I'M GUESSING YOUR NUMBER MAY BE A LITTLE LOWER THAN 99.9. MR. GRINDSTAFF: A LITTLE LOWER, BUT IT'S NOT CLOSER TO ZERO. I PROMISE YOU. MR. BLAKE: DO YOU FEEL THAT YOU'RE STILL MAKING PROGRESS? MR. GRINDSTAFF: YES, I DO. IF I HAD SOMEONE . . . 103 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 14 15 1 6 17 18 19 20 21 22 23 24 PUT A GUN TO MY HEAD AND SAID I HAD FIVE SECONDS TO GET CLOSE WITH A NUMBER -- MR. BLAKE: FOR THE RECORD, THERE ARE NO GUNS HERE. MR. GRINDSTAFF: THAT'S RIGHT. FOR THE RECORD, I ACKNOWLEDGE THAT, ALTHOUGH MR. MCLEOD IS AUDIENCE PARTICIPANT: THERE ARE GUNS. MR. GRINDSTAFF: I'D SAY MORE LIKE 85 PERCENT, 85, 90. BUT, I MEAN, COMING FROM WHERE WE'VE COME FROM, WE THINK THAT'S A MATERIAL ADVANCEMENT. AND THE NEW PLAN WAS IMPORTANT. AND VICTOR'S AND HIS STAFF'S PARTICIPATION, ALLOWING MIKE AND MR. DAVIS TO PARTICIPATE, WAS GOOD. MR. MCLEMORE'S BEEN HELPFUL AND ANTHONY'S BEEN EXTREMELY HELPFUL. MR. BLAKE: SINCE THIS ACTUAL BOARD ITEM IS THE ADOPTION OF THE TOWN CENTER ORDINANCE, IF WE DO DECIDE, ONCE AGAIN, TO POSTPONE THAT ADOPTION HEARING TO A FUTURE MEETING, WHETHER IT BE THE FIRST ONE IN JANUARY OR THE SECOND ONE IN JANUARY, WOULD YOUR ORGANIZATION AGAIN AGREE TO UPHOLD THE SPIRIT AND LETTER OF THE STANDSTILL AGREEMENT THAT WE'VE DONE EACH TIME? - . ~., . 104 1 MR. GRINDSTAFF: TO THE EXTENT THAT'S 2 NECESSARY, YES, SIR. YOU KNOW, WE STILL OUR 3 POSITION VIS-A-VIS THE ORDINANCE REMAINS THE SAME 4 AS OUTLINED IN THOSE STACKS OF PUBLIC RECORDS. IT 5 IS THE SAME. AND WE WOULD ABSOLUTELY LIVE UP TO 6 THE STANDSTILL AGREEMENT TO THE EXTENT IT'S 7 NECESSARY. 8 MR. BLAKE: MR. MAYOR, I SEE OTHER LIGHTS ON, 9 BUT I WOULD BE PREPARED AT THIS TIME, OR AT YOUR 10 DIRECTION, TO MAKE A MOTION TO -- TWO MOTIONS, 1 1 ACTUALLY: ONE TO DIRECT THE MANAGER TO CONTINUE 1 2 TO HAVE AGGRESSIVE DISCUSSIONS WITH -- THAT 13 DOESN'T MEAN BE MEAN ABOUT IT. IT MEANS -- 1 4 MR. MCLEMORE: YOU HAVE TO BRING THE GUN NEXT 1 5 TIME, MICKEY. 1 6 MAYOR PARTYKA: EVERYONE HAS TALKED. I THINK 17 A MOTION IS APPROPRIATE. 18 MR. BLAKE: THERE ARE LIGHTS ON AND WE HAVE 19 AN AGREEMENT NOT TO DO THAT. 20 MAYOR PARTYKA: WELL, PROVIDED EVERYONE HAD A 21 CHANCE TO TALK. I MEAN, WE CAN MOVE THIS ON. 22 , 'COMMISSIONER GENNELL, EVERYONE HAS TALKED. 23 THERE IS A MOTION THAT MR. BLAKE WOULD LIKE TO 24 HAVE. DO YOU HAVE ANYTHING THAT YOU WANT TO ADD . . ,,- . ~. 105 1 OR 2 DEPUTY MAYOR GENNELL: YES, I DO. I HAD MY 3 LIGHT ON BEFORE YOU ALLOWED THEM TO SPEAK AND I 4 SAID, OKAY, GO AHEAD AND LET THEM SPEAK AND THEN 5 I'LL HOLD UNTIL AFTERWARDS. AND I WILL. 6 AND HE CAN MAKE HIS MOTION AND I CAN ,STILL 7 MAKE MY POINTS, SO IT MAKES NO DIFFERENCE. 8 MAYOR PARTYKA: OKAY. THE MOTION IS STILL IN 9 ORDER. 10 MR. BLAKE: WELL, THEN, MR. ATTORNEY, AM I 1 1 GOING TO NEED TWO SEPARATE MOTIONS FOR THIS? 1 2 ONE'S GOING TO BE TO CONTINUE, TALKING AND WORKING 13 ON THIS AGREEMENT TO GET IT DONE. THE SECOND 1 4 ONE'S GOING TO BE TO POSTPONE THE ADOPTION OF THE 1 5 ORDINANCE TO A DATE CERTAIN. 16 MR.GARGANESE: YES. DO IT IN TWO SEPARATE 17 MOTIONS. 18 MR. BLAKE: THE FIRST MOTION IS TO DIRECT THE 19 CITY MANAGER TO CONTINUE TO AGGRESSIVELY HAVE 20 DISCUSSIONS WITH THE SCHRIMSHER ORGANIZATION TO 21 FINALIZE THE PROPERTY OWNER'S AGREEMENT THAT'S 22 BEEN PUT BEFORE US WITH HOPES OF HAVING IT DONE IN 23 EARLY JANUARY. 24 MAYOR PARTYKA: OKAY. IS THERE A SECOND TO . . . 106 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 14 1 5 16 1 7 18 19 20 21 22 23 24 THAT? MR. MILLER: CAN I ASK THE COMMISSIONER TO CONSIDER AN AMENDMENT? MR. BLAKE: YOU CAN AMEND ANY MOTION. MR. MILLER: WELL, INCLUDE IN THERE THAT IF WE'RE GOING TO GET MORE INFORMATION FOR THE NEXT MEETING, THAT WE GET IT, MAYBE, ONE WEEK BEFORE. MAYOR PARTYKA: OH. MR. MILLER: IN OTHER WORDS, TRY TO CLOSE OUT WHATEVER YOU'RE DOING ONE WEEK BEFORE THE MEETING SO WE CAN LOOK AT THIS INFORMATION. YOU'LL GET A CHANCE TO LOOK AT IT, WE'LL HAVE A CHANCE TO LOOK AT IT. WE CAN AVOID ALL THIS ABOUT I HAVEN'T SEEN IT. YOU HAVEN'T SEEN IT. MAYOR PARTYKA: I THINK IT'S TOTALLY APPROPRIATE, BUT I DON'T THINK THAT IT'S PART OF THE MOTION. I THINK THAT'S PART OF THE UNDERSTANDING ON THIS. OKAY. ,DEPUTY MAYOR GENNELL: CAN I HEAR THE MOTION AGAIN? MR. BLAKE: MY MOTION WAS TO DIRECT CITY MANAGER TO CONTINUE AGGRESSIVE DISCUSSIONS WITH THE SCHRIMSHER ORGANIZATION TO FINALIZE THE PROPERTY OWNER'S AGREEMENT. tt ~ , 107 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 1 6 17 18 19 20 21 22 23 24 DEPUTY MAYOR GENNELL: YOU HAD A DATE IN THERE, THOUGH. MR. BLAKE: I SAID EARLY JANUARY. WHATEVER THE FIRST MEETING IS IN JANUARY. DEPUTY MAYOR GENNELL: I WON'T SECOND THAT WITH THAT EARLY OF A DATE. MR. BLAKE: WELL, UNDERSTAND THAT THE PURPOSE OF THE DATE IS TO GIVE THEM A GOAL TO WORK TOWARDS. I DON'T THINK WE CAN SIT HERE AND PUT A CONCRETE DATE THAT IT WILL BE DONE BY NOW. I DON'T THINK YOU WANT TO TIE THE CITY MANAGER'S HANDS GOING INTO NEGOTIATIONS THAT -- WHERE THEY KNOW THAT HE HAS TO HAVE AN AGREEMENT BACKED UP BY A CERTAIN DATE OR ELSE. I MEAN, IT JUST DOESN'T WORK. SO I THINK THEY OUGHT TO HAVE A GOAL, BUT YOU CAN'T FIX A DATE FOR NEGOTIATIONS OF THAT SORT. MAYOR PARTYKA: OKAY. THE MOTION STILL REMAINS THE SAME. GO FOR AN AGGRESSIVE -- DIRECTING THE MANAGER FOR AGGRESSIVE MEETINGS TO COME TO SOME KIND OF FINAL DETERMINATION. MR. MARTINEZ: POINT OF ORDER. MAYOR PARTYKA: YES. MR. MARTINEZ: IF I RECALL THE MOTION . . . 108 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 1 6 17 18 19 20 21 22 23 24 CORRECTLY -- MAYBE SHE CAN READ THAT BACK IF IT'S NOT CORRECT -- I THINK THAT MR. BLAKE ASKED THE CITY ATTORNEY SOMETHING ABOUT A DATE CERTAIN. MR. BLAKE: NO. THAT'S A DIFFERENT MOTION. MR. MARTINEZ: WASN'T THERE A DATE CERTAIN MENTIONED? MR. BLAKE: DIFFERENT MOTION. MAYOR PARTYKA: ALL RIGHT. MOTION IS STILL THERE. IS THERE A SECOND? MR. MCLEOD: I'LL SECOND, BUT I WANT DISCUSSION. MAYOR PARTYKA: SURE. OKAY. DISCUSSION. COMMISSIONER GENNELL, DO YOU WANT TO DISCUSS THIS ONE? OKAY. DEPUTY MAYOR GENNELL: I'LL LOSE MY CHANCE FOREVER IF I DON'T. YES. THE ONLY REASON THAT I'M NOT ENTHUSIASTIC ABOUT EARLY JANUARY IS I KNOW THAT EVERYBODY HAS HOLIDAY PLANS, THE ATTORNEYS AND PROPERTY OWNERS, ALL OF US AND THE STAFF. I THINK THAT'S JUST NOT REASONABLE. SO I WOULD SAY THE EARLY PART OF FEBRUARY WOULD BE MUCH MORE REALISTIC. MY MAIN CONCERN AT THIS POINT -- AND I RECOGNIZE -- WHEN I MENTIONED MITIGATION, I WAS . . ~.., . 109 1 JUST MENTIONING IT. 2 MR. GRINDSTAFF: IT'S A REAL THING, THOUGH. 3 DEPUTY MAYOR GENNELL: SURE, IT'S A REAL 4 THING. IF THE STATE IS NOT, FURNISHING MONEY TO 5 ACQUIRE THOSE WETLANDS -- IF THE STATE IS 6 FURNISHING THE MONEY TO ACQUIRE THE WETLANDS, UNLESS I'M MISTAKEN, ONCE IT'S THE STATE NATURAL 7 8 LANDS, THAT'S IT. THERE IS NO OPPORTUNITY FOR 9 BUILDING, MITIGATION, OR ANYTHING. SO THAT ISN'T 10 AN OPTION, YOU KNOW. 1 1 I WAS ASKING MAINLY ABOUT THE SLOPE OR THE 12 GRADE OR WHATEVER OF THE EXISTING PROPERTY AS IT 13 WAS. 14 MR. GRINDSTAFF: COMMISSIONER GENNELL, I 15 APPRECIATE THAT. AND JUST TO CLARIFY, I WAS JUST 16 COMMENTING ON THE VALUE OF THAT LAND IN THESE 17 NUMBERS THAT END UP WITH NET TO DEVELOPER. THE 18 ESTIMATE OF THE VALUE OF THOSE WETLANDS IS 5,000 19 AN ACRE. 20 MY POINT WAS, BEFORE THE STATE GETTING THAT 21 PROPERTY, IT COULD BE MITIGATED AND RESULT IN A 22 NET VALUE OF GREATER THAN $5,000 AN ACRE TO THE 23 DEVELOPER. ,IT WOULDN'T BE A FULL FOUR BUCKS A 24 FOOT. YOU'D HAVE TO HAVE THE COST OF MITIGATION, . . . 110 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 1 5 16 17 1 8 19 20 21 22 23 24 RECLAMATION, WHAT HAVE YOU. BUT THERE WOULD BE, SOMETHING SIGNIFICANTLY GREATER THAN $5,000. DEPUTY MAYOR GENNELL: JUST TO EDUCATE ME A LITTLE BIT FURTHER, WHEN A DEVELOPER -- WE HAVEN'T HAD THIS COME BEFORE US BEFORE IN THIS -- ALTHOUGH, I'M TOTALLY FAMILIAR WITH MITIGATION BANKING AND EVERYTHING -- WHEN YOU DO THAT IN A MUNICIPALITY, DO YOU HAVE TO GO BEFORE THAT MUNICIPALITY FOR APPROVAL TO DO THAT, OR DO YOU JUST GO IN AND DO IT AND SHOW THEM WHAT YOU'VE DONE WHEN YOU COME IN FOR YOUR PLAN? MR. GRINDSTAFF: I DON'T KNOW WHAT YOU DO. MAYOR PARTYKA: HOLD OFF. HOLD OFF. I MEAN, IT'S NICE TO KNOW ABOUT MITIGATION, BUT I BELIEVE, AS IT PERTAINS ,TO THE MOTION, THIS HAS NO BEARING ON THE MOTION.' SO WE HAVE TO MOVE ON, I BELIEVE. DEPUTY MAYOR GENNELL: IT DOES PERTAIN TO THE VALUE THAT THEY'RE ESPOUSING HERE. MAYOR PARTYKA: WELL, I AGREE. BUT THAT'S NOT THE MOTION. I MEAN, WE HAVE TO DEPUTY MAYOR GENNELL: MR. MAYOR, IF YOU DON'T WANT TO HEAR IT, WE WON'T HEAR IT. MAYOR PARTYKA: OKAY. THANK YOU. DEPUTY MAYOR GENNELL: OKAY. AS FAR AS . . . 111 1 2 3 4 5. 6 7 8 9 10 1 1 12 1 3 1 4 1 5 16 1 7 18 19 20 21 22 23 24 MAGNOLIA SQUARE, WHETHER IT WAS PERCEPTION OR REALITY THAT IT WAS LARGER, THE ENTIRE DESIGN HERE IS TO ACCOMPLISH A TOWN CENTER AND ACTUALLY HAVE IT BE A DESTINATION THAT PEOPLE WANT TO COME TO, LOOK FORWARD TO COME TO, HAVE A REASON TO COME TO, AND ENJOY COMING TO. I KNOW THAT DURING THE WHOLE VISIONING PROCESS THAT THE COMMUNITY AND THE COMMISSION AND THE STAFF WENT THROUGH, THAT THE CENTRAL PARK AREA, THE MAGNOLIA PARK, WAS ENVISIONED TO BE THAT FOCAL POINT. I AM CONCERNED THAT THE SIZE THAT WE HAVE IN FRONT OF US RIGHT NOW IS NOT OF A SIGNIFICANT -- SUFFICIENT SIZE TO ACCOMPLISH WHAT WE'RE TRYING TO DO. SECONDLY, THIS PROPOSED TOWN CENTER HAS BEEN PUBLICIZED THROUGHOUT THE COMMUNITY AND BEYOND, AS FAR AS BEING A SUSTAINABLE COMMUNITY AND HAVING THE NEW TOWN CONCEPT AND THE TOWN CENTER CONCEPT, EVERYTHING CONCENTRATING AROUND THIS TOWN CENTER. AND I THINK IT WOULD BE EMBARRASSING TO HAVE SOMETHING THAT AMOUNTED TO NO MORE THAN A TOKEN TOWN CENTER IN THE MIDDLE. SO I WOULD ENCOURAGE THE CITY MANAGER, YES, . ~ . . 112 1 TO GO FORWARD WITH THE NEGOTIATIONS, BUT TO LOOK 2 AT SOME ALTERNATIVES FOR ENLARGING THAT TOWN 3 CENTER TO MAKE IT A MORE VIABLE CENTRAL SQUARE, 4 MORE USEFUL. 5 MR. MCLEMORE: MAGNOLIA PARK? 6 DEPUTY MAYOR GENNELL: MAGNOLIA PARK, YES, 7 SIR. I'M NOT GOING TO SAY WHERE TO GO OR HOW TO 8 DO IT. I'M JUST SAYING THERE'S GOT TO BE OPTIONS 9TO ENLARGE IT SOME WAY. 10 THAT'S THE END OF MY COMMENTS. 1 1 MAYOR PARTYKA: OKAY. OKAY. COMMISSIONER 12 MCLEOD. 1 3 MR. MCLEOD: ONE OPTION IS MONEY. NOW, I'VE 14 GOT A COUPLE QUESTIONS HERE. THE WHOLE THING THAT 15 WE'VE STARTED OUT WITH HERE, AND I DON'T KNOW THAT 16 WE'VE GOTTEN TO IT ON THIS THING -- I KNOW WE HAVE 1 7 A MOTION HERE, BUT THE KEY POINTS THAT HAVE NOT 18 BEEN REACHED IN, BASICALLY, THE AGREEMENT AS 19 MR. MCLEMORE SAW IT, AND KEY POINTS AS THE 20 SCHRIMSHERS AND MR. GRINDSTAFF HAPPEN TO SEE IT. 21 THOSE WERE THE POINTS THAT, FOR THE LAST HOUR AND 22 SOMETHING, WERE TO BE DISCUSSED. 23 AND I THINK I WOULD LIKE TO HEAR A RECAP OF 24 THE SCHRIMSHERS' POINTS SO THAT I'M CLEAR ON WHAT . . . 113 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 17 18 19 20 21 22 23 24 THOSE POINTS MAY BE, YET TO ME. I MEAN, JUST DIRECT POINTED TO THE POINTS AND THE POINTS OF MR. MCLEMORE BEFORE WE CAN REALLY, MAYOR, DIRECT THEM AS TO WHAT THEY'RE DOING. ,I MEAN, WASN'T THAT OUR GOAL THAT WE SET OUT HERE TO DO? DOES EVERY COMMISSIONER HERE ,TOTALLY UNDERSTAND THE POINTS OF BOTH PARTIES? 'MR. BLAKE DOES. MAYOR PARTYKA: MY IMPRESSION WAS EXACTLY THAT. I BELIEVE THE WHOLE POINT OF THIS DISCUSSION WAS FOR EVERYBODY TO TAKE NOTES. AND EVERYBODY HAS VOICED THEIR CONCERN FROM THE CITY'S SIDE, AND I BELIEVE ,THE SCHRIMSHERS HAVE VOICED THEIR CONCERN FROM THEIR SIDE. AND WHAT WE'RE SAYING IS THAT BASED ON COMMISSIONER BLAKE'S MOTION, OKAY, NOW, WE'VE VOICED THOSE CONCERNS. NOW, GET OUT THERE AND START TALKING AGGRESSIVELY AND SEE IF WE CAN COME TO SOME KIND OF FINAL DECISION OR AT LEAST FINAL POSITION. THAT'S, I THINK, WHERE IT IS. MR. MCLEOD: MAYOR, WOULD YOU THEN, PLEASE, HIGHLIGHT FOR ME SO I HAVE AN UNDERSTANDING OF WHAT MR. SCHRIMSHER'S KEY POINTS ARE? MAYOR PARTYKA: OKAY. . ,. . 11 4 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 15 1 6 1 7 18 19 20 21 22 23 24 MR. MCLEOD: BECAUSE MR. MCLEMORE, GOING iNTO THIS CONVERSATION, SAID WE WERE 99.9 PERCENT THERE. THE SCHRIMSHERS SAY WE'RE 85 TO 90 PERCENT THE'RE. MAYOR PARTYKA: THESE ARE POETS. MR. MCLEOD: THEREFORE, THERE'S A MAJOR DIFFERENCE. AND IF WE'RE GOING TO GIVE' DIRECTION AND IF, MAYBE -- AND I THOUGHT THAT, PROBABLY, SOME OF OUR CHALLENGE WAS UP HERE THIS EVENING -- THAT SOME OF THE ISSUES THAT, MAYBE, MR. MCLEMORE WASN'T WILLING TO MOVE ON, IT WOULD BE THE DIRECTION OF THE COMMISSION TO SAY, MR. MCLEMORE, MOVE ON THAT ISSUE. I THINK THE SCHRIMSHERS HAVE A GOOD IDEA THERE. ON THE OTHER HAND, IF IT WAS SOMETHING THAT THE SCHRIMSHERS DIDN'T LIKE AT THIS TIME, AND MR. MCLEMORE EXPLAINED WHY, THEN I THOUGHT IT WAS PROBABLY GOING TO BE THE COMMISSION TO SAY, MR. MCLEMORE, I AGREE WITH YOU AND, AS A COMMISSION, I DON'T THINK THAT THAT'S GOING TO PROBABLY PASS, AND MR. SCHRIMSHER, I THINK YOU NEED TO RECONSIDER THAT AS YOU GO INTO THE MEETING. SO FAR, I HAVEN'T HEARD THAT WE'VE DONE . .. .......... I. , -, 115 1 THAT. AM I MISSING THE POINT OF WHAT THIS 2 DISCUSSION WAS TO BE? 3 MAYOR PARTYKA: WELL, AGAIN, THAT'S GOING TO 4 BE (INAUDIBLE) TO THE FINAL VOTE HERE. AT THIS 5 POINT -- 6 MR. MCLEOD: WHAT ARE WE AGGRESSIVELY TELLING 7 THEM TO DO? 8 MAYOR PARTYKA: WELL, HERE'S WHAT WE'RE DOING 9 RIGHT NOW. THE MOTION IS ON THE FLOOR, BY 1 0 COMMISSIONER BLAKE, TO AGGRESSIVELY -- KNOWING ALL 1 1 THESE DISCUSSION POINTS, THAT BOTH THE CITY 12 MANAGER AND THE SCHRIMSHERS DISCUSS THIS IN 13 AGGRESSIVE MEETINGS TO GET TO SOME KIND OF FINAL 14 DETERMINATION. 1 5 IF YOU FEEL THAT YOU DON'T HAVE ENOUGH 16 INFORMATION ON THAT VOTE, THEN VOTE A NO FOR THE 1 7 MOTION. OKAY. 1 8 BUT I BELIEVE YOU VOICED YOUR OPINION. 19 COMMISSIONER GENNELL VOICED HER OPINION. BUT I 20 BELIEVE IT HAS TO GO TO A VOTE TO SEE -- IF THREE 21 PEOPLE UNDERSTAND, THEN THEY UNDERSTAND. THAT'S 22 THE WAY I SEE IT. 23 MR. MCLEOD: OKAY. MAYOR, I VOICED MY 24 OPINIONS IN SOME OF THE DOCUMENTS THAT WE'VE . . (.' ~, 11 6 1 RECEIVED THIS NIGHT ~- THIS EVENING -- AND SOME OF 2 THE INFORMATION IN THOSE DOCUMENTS, AND NOT 3 NECESSARILY BEING ABLE TO HAVE READ THE WHOLE 4 THING. 5 BUT WHEN WE STARTED THIS WHOLE THING THIS 6 EVENING, IT WAS TO ALLOW BOTH PARTIES TO EXPLAIN, 7 TO THE POINT, EXACT POINTS OF WHERE THE DIFFERENCE 8 WAS AT THIS TIME. THAT HAS NOT BEEN DONE BY 9 EITHER PARTY. IT HAS BEEN DANCED AROUND BY BOTH 1 0 PARTIES. OKAY. 1 1 AND I'M SAYING DANCED AROUND FROM UP HERE, 12 BECAUSE WE DID VOICE OUR OPINIONS ON THE 13 INFORMATION WE HAVE IN FRONT OF US. BUT OUR CITY 14 MANAGER SAID, HEY, I HAVE SOME POINTS YET THAT I 1 5 NEED TO GET OUT TO THE SCHRIMSHERS THAT THEY MAY 16 NOT BE IN AGREEMENT WITH. 1 7 AND ON THE OTHER HAND, I THINK THE 18 SCHRIMSHERS HAVE SOME POINTS THAT NEED TO BE JUST 19 PINPOINTED, NOT A LONG DISSERTATION OF WHYS AND 20 WHAT'S THE POINT -- SO THAT WE CAN GET WHERE 21 RIGHT TO THE HEART OF IT AND THEN GIVE DIRECTION 22 TO BOTH OF THESE PARTIES AS TO WHERE WE THINK THEY 23 SHOULD HEAD. MAYBE I'M WRONG. 24 MR. MARTINEZ: I'VE GOT A POINT OF ORDER. . ~, . . 117 1 MAYOR PARTYKA: YES, YOU MAY. 2 MR. MARTINEZ: LET ME TELL YOU SOMETHING. I 3 THINK THAT, .ONCE AGAIN,' WE HAVE SPENT AN HOUR AND 4 A HALF ON THIS ISSUE, AND WE'RE BEATING A DEAD 5 HORSE. 6 MR. GRINDSTAFF HAS INDICATED ALREADY, OKAY, 7 THAT HE HAS HIS DOCUMENTS, THAT HE HAS NOT BEEN 8 ABLE TO PERUSE THEM PROPERLY, THAT HE DOES NOT 9 UNDERSTAND ALL OF ITS CONTENTS, THAT HE HAS TO GO 10 BACK AND LOOK AT IT, AND THAT HE HAS TO SIT WITH 1 1 THE MANAGER AGAIN AND THEY HAVE TO DISCUSS SOME 1 2 MORE. 13 SO HOW ARE WE GOING TO EXPECT MR. GRINDSTAFF 1 4 OR ANYONE TO TELL US WHAT THEIR OBJECTIONS ARE 1 5 WHEN HE STATED, HIMSELF, ON THE RECORD, THAT HE 1 6 HAS TO GO BACK AND LOOK AT THIS? .AND WE KNOW -- 1 7 MAYOR PARTYKA: OKAY. 18 MR. MARTINEZ: THIS IS A POINT OF ORDER. 19 THIS IS COMING BACK IN JANUARY OR FEBRUARY, AND WE 20 ARE GOING TO BE GOING THROUGH THIS OVER AND OVER 21 AGAIN. THIS HAPPENED MANY TIMES BEFORE. I THINK 22 WE SHOULD DISPOSE OF THIS ONE ISSUE AND GO ON WITH 23 THE AGENDA, BECAUSE WE'RE STUCK. WE DON'T SEEM TO 24 GET PAST FIRST BASE. . , . '- !. ... - -.._-... ..-. . 118 1 MAYOR PARTYKA: THAT IS THE POINT OF ORDER. 2 I THINK, RIGHT NOW, EVERYBODY'S VOICED, UNDER 3 , ' DISCUSSIONS, THEIR CONCERNS. BUT THE FACT OF THE 4 MATTER IS THERE'S TWO MOTIONS ON THE FLOOR. IF 5 YOU fEEL IT'S NOT ENOUGH INFORMATION, VOTE AGAINST 6 IT. 7 BUT I BELIEVE I THINK IT'S APPROPRIATE AT 8 THIS POINT IN TIME TO GET THE VOTE ON THE MOTION. 9 DEPUTY MAYOR GENNELL: I HAVE A COMMENT. 10 MAYOR PARTYKA: OKAY. COMMISSIONER GENNELL. 1 1 DEPUTY MAYOR GENNELL: THANK YOU,VERY MUCH. 12 MR. MCLEOD: APPARENTLY, I DON'T HAVE THE 1 3 FLOOR. 1 4 MAYOR PARTYKA: OH, I'M SORRY. I THOUGHT YOU 1 5 WERE FINISHED. I'M SORRY. 1 6 MR. MCLEOD: NO. I STILL HAVE TO EXPRESS THE 1 7 FACT THAT, YES, WE WILL BE HERE YET IN JANUARY 18 BOUNCING AROUND. I UNDERSTAND THAT THE ATTORNEY 19 HASN'T READ THIS 10n PERCENT, BUT HE HAS SAID 20 THAT, IN CONCEPT OR IN THEORY, IF THIS HAS BEEN 21 ALL THE DIFFERENT DRAFTS, BACK AND FORTH, PUT 22 TOGETHER, THEN HE IS CONCEPTUALLY IN AGREEMENT 23 WITH IT. 24 AM I WRONG TO THAT? . . . 119 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 13 14 1 5 1 6 17 1 8 19 20 21 22 23 24, ,MR. GRINDSTAFF: YOU'RE NOT WRONG, COMMISSIONER. BUT MAYBE IT WOULD BE HELPFUL IF YOUR CITY ATTORNEY ADVISED YOU WHEN WE ALL GOT THIS DOCUMENT JUST THIS -- MAYOR PARTYKA: HOLD IT. HOLD IT. MR. MCLEOD: THAT'S NOT THE POINT. MAYOR PARTYKA: JUST A MINUTE. LET COMMISSIONER MCLEOD FINISH, AND THEN WE'RE GOING TO -- I'LL MAKE A COMMENT. MR. MCLEOD: ALL RIGHT, MAYOR. THAT'S NOT -- I UNDERSTAND YOU MAY HAVE POINTS IN HERE. I'M NOT ASKING FOR THAT. I'M ASKING -- FOR INSTANCE, THE CITY MANAGER BROUGHT OUT A PARTICULAR INSTANCE THAT ISN'T IN THIS DOCUMENT. MR. GRINDSTAFF: I CAN LIST SOME FOR YOU. MR. MCLEOD: THAT HAPPENS TO BE THE MR. GRINDSTAFF: BILLBOARD ISSUES. MR. MCLEOD: -- BILLBOARD. MR. GRINDSTAFF: WHICH WE WEREN'T AWARE OF UNTIL TONIGHT. FAIR ENOUGH. WE NEED TO THINK ABOUT THAT. I MR. MCLEOD: BUT WHAT ISSUES ARE THERE STILL THAT YOU DON'T FEEL MAY BE-- AND I'M NOT SAYING THAT WE'RE GOING TO HOLD YOU 100 PERCENT TO THIS. . . . 1 _._.. _ _ '. 120 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 1 5 1 6 17 1 8 19 20 21 22 23 24 MR. GRINDSTAFF: I THINK I CAN ANSWER THIS. I WENT THROUGH -- X PROBABLY DIDN'T DO A GOOD JOB OF SAYING, ,HERE ARE THE POINTS POINT-BY-POINT. HERE THEY ARE. MAYOR PARTYKA: COMMISSION, JUST A MINUTE. JUST A MINUTE. LET'S GET THIS SQUARED AWAY. IF WE'RE GOING TO HAVE TO -- HOLD IT. IF WE'RE GOING TO GET THIS ON, ALL I'M SAYING IS I RECOGNIZE ALL THE ISSUES. OKAY. BUT I THINK THE MOTION IS VERY CLEAR. OKAY. THERE'S A CONCERN BY COMMISSIONER MCLEOD, A CONCERN BY COMMISSIONER GENNELL. FINE. BUT THE MOTION IS REAL SIMPLE. THE MOTION SAYS -- THE WAY IT IS RIGHT NOW, THE MAKER OF THE MOTION SAYS, I'VE GOT ENOUGH INFORMATION TO MAKE THE MOTION. I'VE GOT A SECOND ON IT. I HAVE SOME DISCUSSION. LET'S TAKE A VOTE ON IT. IF PEOPLE FEEL IT'S NOT APPROPRIATE TO VOTE FOR IT, THEN VOTE NO. MR. MCLEOD: I WOULD LIKE TO WITHDRAW THE SECOND. MAYOR PARTYKA: THE SECOND HAS ALREADY BEEN HANDLED. IT BELONGS TO THE COMMITTEE, SO YOU HAVE TO VOTE ON THE MOTION. . . '. 1 21 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 15 16 1 7 18 19 20 21 22 23 24 OKAY. COMMISSIONER GENNELL -- SORRY. MR. MCLEOD" DO YOU HAVE ANY MORE? MR. MCLEOD: NO, 'APPARENTLY NOT. MAYOR PARTYKA: OKAY. COMMISSIONER GENNELL. DEPUTY MAYOR GENNELL: OKAY. AS I UNDERSTOOD THE CITY MANAGER COMING BEFORE US THIS EVENING, HE EXPRESSED TWO SIGNIFICANT QUESTIONS IN HIS MIND THAT HE WANTED DIRECTION FROM US, IF THAT'S QUITE RIGHT. ONE WAS THAT PARCEL THAT LOOKS LIKE "I," WHICH IS NORTH OF MAGNOLIA SQUARE. HE WANTED TO KNOW OUR FEELINGS, PRO OR CON, ABOUT PURCHASING IT -- OR INCLUDING IT OR NOT INCLUDING IT WITH MAGNOLIA SQUARE. SO MY ANSWER TO THAT IS PROBABLY PARTIALLY YES, IF WE CAN GET PART OF THE SOUTH PART TO ENLARGE MAGNOLIA SQUARE. I DON'T NECESSARILY THINK I WOULD JUST GO AND ACQUIRE IT FOR THE REASONS THAT YOU OUTLINED, BECAUSE IT WOULD MAKE SORT OF A LOPSIDED CITY CENTER THERE. THAT WAS ONE ISSUE YOU BROUGHT. ANOTHER ISSUE YOU BROUGHT WAS THE BILLBOARDS. I SUPPORT THE BILLBOARD ISSUE. BUT THERE WAS ONE OTHER ISSUE THAT YOU HAD. MR.' MARTINEZ: THAT WAS AN HOUR AND A HALF . . . 122 1 2, 3 4 5 6 7 8 9 1 0 1 1 12 13 1 4 15 16 17 18 19 20 21 22 23 24 AGO. DEPUTY MAYOR GENNELL: OKAY~ THEY WERE THE ISSUES HE BROUGHT. MR. MCLEMORE: THOSE WERE THE TWO ISSUES THAT I BROUGHT. DEPUTY MAYOR GENNELL: THOSE WERE THE TWO. OKAY. SO IT WAS -- MR. MCLEMORE: THE ILLUSTRATED PURPOSE ISSUE WAS ONE THAT THEY WERE GOING TO BRING UP, AND I ARTICULATED DEPUTY MAYOR GENNELL: YES. THE ILLUSTRATED PURPOSE. THAT'S RIGHT. THAT WAS YOUR MAIN MR. GRINDSTAFF: THAT WAS ONE BIGGIE. ANOTHER -- DEPUTY MAYOR GENNELL: THAT WAS YOUR MAIN THING. AND I UNDERSTAND YOUR CONCERNS THAT IF YOU'RE TAKING A PLAT DOWN TO THE COURTHOUSE AND RECORDING A PLAT, I TOTALLY UNDERSTAND IT AS A PLAT. I DON'T SEE THIS AND PERCEIVE IT AS A PLAT, PER SED I PERCEIVE IT AS A OVERALL DESIGN GUIDELINE THAT, I THINK, WE HAVE ALL EXPRESSED IN WRITING AND IN PURPOSE THAT IT BE SUBJECT TO MANIPULATION AND JUDGMENT. . . . 123 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 1 5 1 6 1 7 18 19 20 21 22 23 24 MR. GRINDSTAFF: JUST SAY THAT. THAT WOULD BE GREAT. DEPUTY MAYOR GENNELL: I THINK YOU ALSO SAID THAT YOU THINK THAT YOU AND MR. GARGANESE CAN WORK THROUGH SOME VERBIAGE TO FIND THAT ACCEPTABLE TO BOTH OF YOU. BECAUSE I WOULD NOT --I DO NOT -- I WOULD NOT BE COMFORTABLE SEEING IN THERE THAT IT WAS STRICTLY FOR ILLUSTRATIVE PURPOSES. THAT WOULDN'T SATISFY ME. IT WOULDN'T SATISFY ME NOT FOR MYSELF, BUT FOR FOLLOWING COMMISSIONS WHO COME UP HERE AND HAVE FUTURE DEVELOPERS COME UP HERE AND SAY, OH, THOSE LINES DON'T MEAN ANYTHING. SEE~ THEY'RE ONLY THERE FOR ILLUSTRATION. AND IT WOULDN'T BE TO THE BEST INTEREST OF THE CITY TO HAVE IT WORDED THAT WAY. SO I WOULDN'T SUPPORT WORDING THAT THAT WAY. NOW, HAVE I OVERLOOKED ANYTHING OF YOUR MAJOR, MAJOR, MAJOR CONCERNS? MR. GRINDSTAFF: YES, MA'AM. MAYOR PARTYKA: OKAY. I'M GOING TO STOP RIGHT NOW, AGAIN. THIS TIME I'M GOING TO BE FIRM ON THIS. COMMISSIONERS, THE MOTION IS SIMPLE. IF YOU HAVE ANY QUESTIONS CONCERNING THE MOTION, . . 23 . 124 1 DELAY THE MOTION, NOT TO ACCEPT THE MOTION, FINE. 2 BUT WE ARE NOT INTO DETAILS. THIS IS NOT 3 WHAT THE MOTION IS. THE MOTION IS MADE VERY 4 CLEARLY TO GIVE DIRECTION TO THE COMMISSION TO 5 VOTE FOR OR,AGAINST, AND THAT',S ~O GIVE THE 6 DIRECTION TO THE CITY MANAGER TO AGGRESSIVELY GO 7 WITH THE SCHRIMSHERS AND HAVE MEETINGS. THAT IS 8 THE MOTION. NO MORE, NO LESS. 9 DEPUTY MAYOR GENNELL: MR. MAYOR? 1 0 MAYOR PARTYKA: WE MUST MOVE ON. 1 1 DEPUTY MAYOR GENNELL: LET ME TALK TO YOU, 1 2 THEN. I WILL REMIND YOU THAT THE REASON THAT THIS 13 WAS BROUGHT TO US WAS SO THAT THE CITY MANAGER 1 4 COULD -- LET ME FINISH MY -- 15 MAYOR PARTYKA: I DIDN'T SAY ANYTHING. I 16 DIDN'T SAY ANYTHING. 17 DEPUTY MAYOR GENNELL: I HAVE SOMETHING TO 18 SAY. 19 -- SO THAT THE CITY MANAGE~ COULD PRESENT US WHERE THEY WERE AT THE TIME. THEY COULD BRING 20 21 FORTH THOSE AREAS THAT WERE UNRESOLVED AND WE 22 COULD GIVE HIM DIRECTION. NOW, YES, IF MR. GRINDSTAFF SAYS HE STILL HAS 24 SOMETHING AND THERE'S STILL SOMETHING THAT NEEDS . . . 125 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 1 6 1 7 1 8 19 20 21 22 23 24 TO BE ANSWERED, YOU MAY NOT -- IF THIS MOTION PASSES, WHICH I'LL VOTE AGAINST IT BECAUSE I DON'T THINK THERE'S ENOUGH DIRECTION BEING GIVEN TO THE CITY MANAGER YET ON IT -- IF THIS MOTION PASSES, THEN I INVITE MR. GRINDSTAFF AND MR. SCHRIMSHER AND THE REPORTER TO HANG AROUND, BECAUSE, ,UNDER MY SEAT, I WILL USE THE PRIVILEGE OF MY REPORT TO FINISH THIS ISSUE. MAYOR PARTYKA: PROBLEM WITH THAT. MOTION. OKAY. CALL THE VOTE, PLEASE. MR. MARTINEZ: YOU WILL READ THE MOTION AGAIN? MAYOR PARTYKA: READ THE MOTION, PLEASE. THE CLERK: COMMISSIONER BLAKE STATED TO MAKE A MOTION TO DIRECT THE MANAGER TO HAVE AGGRESSIVE DISCUSSIONS WITH THE SCHRIMSHER ORGANIZATION AND THAT'S FINE. I HAVE NO BUT MAKE THE VOTE ON THE FINALIZE THE PROPERTY OWNERS WITH HOPES OF HAVING IT DONE IN EARLY JANUARY. MAYOR PARTYKA: OKAY. THAT'S THE MOTION. CALL THE VOTE. THE CLERK: COMMISSIONER MARTINEZ. MR. MARTINEZ: NAY. 126 . 1 2 3 4 5 6 7 8 9 10 1 1 1 2 1 3 14 1 5 16 1 7 18 19 20 21 22 23 24 THE CLERK: COMMISSIONER MILLER. MR. MILLER: NAY. THE CLERK: COMMISSIONER MCLEOD. MR. MCLEOD: NAY. THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: AYE. THE CLERK: DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL: NAY. MAYOR PARTYKA: OKAY. PLACE FOR A NEW MOTION. DEPUTY MAYOR GENNELL: MAY I FINISH? MY LIGHT IS STILL ON. MAYOR PARTYKA: NO. DEPUTY MAYOR GENNELL: OKAY. MAYOR PARTYKA: THAT'S NOT HOW IT WORKS. YOU CAN'T LEAVE THE LIGHT ON. DEPUTY MAYOR GENNELL: NOW MY LIGHT'S ON AGAIN. MAYOR PARTYKA: OKAY. WE NEED SOME ACTION. NOW YOU HAVE THE FLOOR. DEPUTY MAYOR GENNELL: THANK YOU. MR. GRINDSTAFF? MR. GRINDSTAFF: YES, MA'AM. DEPUTY MAYOR GENNELL: WOULD YOU PLEASE GIVE . . . . . 127 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 1 4 15 16 17 18 19 20 21 22 23 24 ME YOUR OTHER FINAL THING THAT WAS A CONCERN. MR. GRINDSTAFF: THE ILLUSTRATIVE PURPOSES THE POINT THERE -- SORT OF THE UMBRELLA OF THE ILLUSTRATIVE PURPOSES COMMENT WAS THE FACT THAT SOME OF THE STREETS, SOME ,OF THE ALLEYS, AND SOME OF THE PARKS MAY MOVE. THEY MAY BE THERE; THEY MAY BE MORE, THEY MAY BE LESS. THEY MAY MOVE, SO WE NEED TO HAVE LANGUAGE THAT WORKS FOR THAT. I THINK THAT'S PART OF THE SAME COMMENT, ILLUSTRATIVE PURPOSES LANGUAGE THAT WORKS 'FOR EVERYONE. ANOTHER IS THE -- OURS WAS PARCEL "I." THAT'S ONE OF YOUR ISSUES. WE NEED TO TALK ABOUT THAT. DEPUTY MAYOR GENNELL: WHAT? MR. GRINDSTAFF: PARCEL "I," NORTH OF -- DEPUTY MAYOR GENNELL: YES. OKAY. MR. GRINDSTAFF: -- MAGNOLIA SQUARE. WE DISAGREE WITH THIS ONE, THAT LITTLE PARK THERE. MR. MCLEOD: IS THAT "F"? MR. GRINDSTAFF: YES, SIR, "F." AND SOME OF THESE OTHERS, WE JUST WOULD LIKE TO PROVIDE FOR SOME FLEXIBILITY FOR THEM. AGAIN, PART OF THAT . '.. . - . 128 1 MOVING AROUND LANGUAGE, FLEXIBILITY STUFF. 2 DEPUTY MAYOR GENNELL: THIS ALL TIES BACK TO 3 THE ILLUSTRATIVE PURPOSES. 4 MR. GRINDSTAFF: YES, MA'AM. SO FAR, YES, 5 EXCEPT FOR PARCEL "I." IT'S NOT ILLUSTRATIVE 6 PURPOSES ONLY. 7 THE OTHER ONE IS VERIFICATION OF NUMBERS ON 8 SEWER, WATER, AND COLLECTOR ROADS, AND TO 9 CHARACTERIZE THEM PROPERLY, WHAT THOSE NUMBERS 10 ARE. 1 1 WE WANT TO REVIEW THE DOCUMENT, OBVIOUSLY, TO 12 LOOK AT THE LANGUAGE THAT WE HAVEN'T HAD A CHANCE 13 TO EVALUATE. 14 THE ISSUE ON CONNECTION FEES, YOU CAN LUMP 1 5 THAT INTO THE WHAT-ARE-THE-REAL-NUMBERS COMMENT. 1 6 WHAT ARE THE REAL NUMBERS? 17 TIMING -- IN THE AGREEMENT, THERE'S A STORM 18 WATER PERMITTING AND MAIN STREET IMPROVEMENTS. 19 WE'D LIKE TO HAVE SOME ADDRESS FOR THE TIMING OF 20 THOSE ISSUES OR THOSE IMPROVEMENTS. 21 MR. BLAKE: IT'S IN THERE. 22 MR. GRINDSTAFF: NO. NO. NOT FOR THOSE TWO, 23 I DON'T THINK. IT MIGHT BE. 24 MR. BLAKE: IT SAYS TWO YEARS, I THINK. !~.' ~ ce . 129 1 ,MR. GARGANESE: WHICH IMPROVEMENTS? 2 MR. GRINDSTAFF: MAIN STREET IMPROVEMENTS AND 3 THE APPLICATION FOR THE MASTER STORM WATER PERMIT. 4 MR. MARTINEZ: ANOTHER POINT OF ORDER, 5 MR.' MAYOR. 6 MAYOR PARTYKA: YES. 7 MR. MARTINEZ: ISN'T WHAT MR. GRINDSTAFF IS . 8 DOING RIGHT NOW THE SAME THING THAT WE'RE TRYING 9 TO GET THEM TOGETHER AND DISCUSS ALL THESE THINGS, 1 0 AND THEN COME BACK WITH SOMETHING AND FINALLY 1 1 WHY ARE WE GOING THROUGH THIS OVER AND OVER? 12 MR. GRINDSTAFF: I HAVE TWO MORE. 13 MR. MARTINEZ: POINT OF ORDER. 1 4 MAYOR PARTYKA: OKAY. THAT WAS THE POINT OF 1 5 ORDER. OKAY. THAT WAS A GOOD POINT. 1 6 MR. GRINDSTAFF: JUST TWO MORE. AND ONE WAS 17 THE BILLBOARDS. WE HAVEN'T EVEN LOOKED AT THAT. 18 WE'RE WILLING TO LOOK AT THAT, JUST EVALUATE WHERE 19 IT IS AND WHAT THAT MEANS UNDER THE ORDINANCE. 20 AND THEN WE THINK THAT SOMEWHERE IN THE 21 AGREEMENT, AS DRAFTED, PROVIDES FOR PERIODIC 22 REVIEW. I THINK WE OUGHT TO HAVE SOME THOUGHT ABOUT WHAT HAPPENS IF THIS FAILS. 23 24 AND WITH ALL DUE RESPECT TO EVERYONE, THIS . . . 130 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 13 14 1 5 1 6 17 18 19 20 21 22 23 24 TOWN CENTER'S BEEN AROUND A LONG TIME. IT'S OUTSIDE THE COMMUNITY. THERE'S A LOT OF PEOPLE THAT KNOW ABOUT IT. AND THE CUSTOMERS AREN'T LINING UP. MR. JOSHI HAD SOME, BUT WE HAVEN'T SEEN THEM. AND THEY'RE NOT LINING UP FOR THIS EFFORT. THEY MAY. WE DON'T WANT TO TAILSPIN INTO BEING CRITICAL TONIGHT~ BUT WHAT HAPPENS IF THIS THING FAILS? WHAT HAPPENS IF IT DOESN'T CATCH ON, WHICH EVEN YOUR OWN CONSULTANT, MR. GIBBS, IN A RECENT ARTICLE PREDICTS THAT A NUMBER OF TOWN CENTERS WILL FAIL. THEY WILL FAIL BECAUSE THEY WERE HASTILY DONE. THEY DIDN'T INCORPORATE RETAIL COMPONENTS, PROVEN RETAIL COMPONENTS, SUCH AS SIZE, PARKING, TRAFFIC, VISIBILITY. I'DON'T WANT TO GET ON THE SOAP BOX, MR. MAYOR, BUT THE POINT BEING A PROVISION THAT SAYS, WHAT HAPPENS IF THIS FAILS? MAYBE IT'S JUST A RECITATION OF AN ATTITUDE. IF THIS THING DOESN'T WORK, WHERE ARE THE SCHRIMSHERS? DEPUTY MAYOR GENNELL: ALL RIGHT. MR. GRINDSTAFF, THE LAST TWO OR THREE ITEMS THAT YOU JUST ADDRESSED, ARE THOSE POINTS THAT YOU HAVE JUST RAISED TONIGHT, OR ARE THEY STICKING POINTS . . . 131 1 THAT YOU H~VE HAD WITH THE CITY MANAGER ALL ALONG? 2 MR. MCLEMORE: MOST OF THESE ISSUES HAVE 3 ALREADY BEEN RAISED. 4 DEPUTY MAYOR GENNELL: LET ME GO DOWN AND GET 5 OUT FROM UNDER HAVING MY SAY HERE. 6 ANYTHING TO DO WITH THE NUMBERS -- NUMBERS 7 AND DATES OF WATER, SEWER, AND MASTER PLAN THING 8 AND SERVICES AND ANY OF THE DOLLARS AND CENTS AND 9 THE ACREAGE AND THIS AND THAT, I THINK WE'LL ALL 1 0 ACKNOWLEDGE THAT WE JUST GOT THE DOCUMENT. I 1 1 THINK THAT UNTIL THE INK IS DRY ON THE DOCUMENT, 12 THEY'RE GOING TO CHANGE FROM MINUTE TO MINUTE. 1 3 I'M NOT MARRIED TO ANY OF THE SPECIFIC FIGURES ON 14 HERE, MYSELF. 1 5 AS FAR AS HAVING VERBIAGE IN THERE THAT GIVES 1 6 YOU SOME LEVEL OF COMFORT, I HAD ENVISIONED, AND 17 WE HAD SPOKE HERE -- SPOKEN ON THIS COMMISSION 18 MANY TIMES OF A LOT OF THESE THINGS, THIS WHOLE 19 434 CORRIDOR, FROM END-TO-END, BEING A LIVING 20 DOCUMENT AND, As SUCH, FROM TIME-TO-TIME BEING 21 SUBJECT TO CHANGE AND SO FORTH. 22 SO I WOULD NOT OBJECT TO THAT. THAT'S JUST 23 MY OWN FEELING. I DON'T OBJECT TO HAVING VERBIAGE 24 , IN THERE THAT ALLOWS FOR -- THAT IS NOT TOTALLY . . . 132 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 1 5 1 6 1 7 18 19 20 21 22 23 24 RIGID. I DON'T THINK WE HAVE TO BE TOTALLY RIGID AND THAT THOSE LINES ARE IN CONCRETE. BY THE SAME TOKEN, I'M NOT AS CONCERNED ABOUT THIS BEING IN CONCRETE, BECAUSE I DON'T VIEW IT AS A PLAT. OKAY. HAVE I ANSWERED ALL YOUR CONCERNS TO SOME DEGREE FROM MY PERSPECTIVE? MR. GRINDSTAFF: FROM YOUR PERSPECTIVE, PERHAPS, COMMISSIONER. DEPUTY MAYOR GENNELL: OKAY. THAT'S ALL I WAS TRYING TO DO, WAS JUST GIVE YOU AND THE CITY MANAGER WHERE I WAS COMING FROM ON THAT. I'M DONE. THANK YOU. MAYOR PARTYKA: THANK YOU. COMMISSIONER MCLEOD. MR. MCLEOD: MR. GRINDSTAFF, IF YOU WILL OPEN TO PAGE 6 OF 13 AND LOOK AT NUMBER 14, DURATION OF THE AGREEMENT. IT SPELLS IT OUT AS A TEN-YEAR DURATION AT WHICH TIME THE PARTIES MAY REENTER INTO IT. ON 15, PERIODIC REVIEW OF THE THING, I THINK THAT'S -- MR. GRINDSTAFF: WILL WE AGREE THAT THE TOWN CENTER ORDINANCE GOES AWAY IN TEN YEARS AND BE ~ . . 133 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 1 4 1 5 16 17 18 19 20 21 22 23 24 RE-REVIEWED? SEE, THAT'S THE PROBLEM, COMMISSIONER, IS THAT THE ORDINANCE, THE TOWN CENTER CODE, COMES INTO PLACE AND IT'S HERE FOR MORE THAN TEN YEARS. THIS COMPANION AGREEMENT IS ONLY GOING TO BE HERE TEN YEARS. MR. BLAKE: THAT'S STATUTORY. MR. GRINDSTAFF: BUT THE SOLUTION MAY BE TO MAKE THE ORDINANCE HAVE SOME SORT OF SUNSET. MR. MCLEOD: THAT'S AN ISSUE AT THIS TIME. AS FAR AS I'M CONCERNED, THAT'S ONE OF YOUR ISSUES THAT YOU AND THE CITY ATTORNEY AND MR. MCLEMORE NEED TO DISCUSS. MR. GRINDSTAFF: RIGHT. MR. MCLEOD: SO THAT'S A POINT. ALL RIGHT. BUT THERE IS SOME MEANS HERE THAT MAY NEED TO HAVE SOMETHING MORE INCLUSIVE IN IT. OKAY. MR. GRINDSTAFF: RIGHT. MR. MCLEOD: DO YOU FEEL THE POINTS THAT I'VE HEARD, THOUGH, THIS EVENING THAT YOU'VE BROUGHT UP ARE BASICALLY POINTS THAT'S ON THIS AGREEMENT THAT'S NOT TOTALLY COMPLETE ON DOLLARS AND. CENTS AGREEMENT -- OR INFORMATION GIVEN TO US. PRIOR TO WALKING IN THIS EVENING, WHAT OTHER . . . 134 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1'3 14 15 1 6 1 7 1 8 19 20 21 22 23 24 POINTS WERE YOU WILLING TO BRING BEFORE THE COMMISSION TO SAY, HEY, WE HAVEN'T GOTTEN TO HERE YET BECAUSE MR. MCLEMORE AND OURSELVES CANNOT GET BEYOND THIS BOUNDARY? MR. GRINDSTAFF: I THINK THE ILLUSTRATIVE PURPOSES WAS OUR BIGGEST CONCERN. I MEAN, IN ADDITION TO SOME OF THESE OTHER SMALLER 'ONES. IN THE PLAN ITSELF, THESE LITTLE PARTS, WHETHER IT CAN MOVE AROUND, WHETHER THAT WAS REAL, A SMALLER ONE; IMPORTANT, BUT SMALL. I MEAN, I DON'T WANT TO BE BOUND BY NOT BEING ABLE TO DISCUSS SMALL ISSUES LATER. BUT RIGHT UP HERE AT THE TOP, WHERE THE TRAIL GOES OVER BETWEEN US AND ST. JOHN'S LANDING, IT LOOKS LIKE THERE'S A BUFFER BETWEEN THE TRAIL AND OUR PROPERTY. I MEAN, WHY CAN'T THE TRAIL BE THE BUFFER BETWEEN US AND ST. JOHN'S LANDING? I MEAN, THERE'S SOME LITTLE THINGS LIKE THAT, COMMISSIONER, THAT WE THOUGHT WE WOULD TOUCH ON. BUT I WANT TO HIT THE BIG ONES. MR. MCLEOD: OKAY. BECAUSE IT DOES ALSO MENTION -- AND I'VE HAD THIS ABOUT THE SAME TIME. IT DOES MENTION BUFFER IN THIS PARTICULAR . . . 135 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 AGREEMENT ON THE NORTHERN PROPERTY SIDE BETWEEN CASSELS AND ST. JOHN'S -- OR EXCUSE ME -- JOHN'S LANDING. MR. GRINDSTAFF: THAT'S CORRECT. MR. MCLEOD: AGAIN, I DON'T KNOW. MAYBE THAT'S SOMETHING THAT'S NEGOTIABLE. MAYBE IT ISN'T NEGOTIABLE. MR. GRINDSTAFF: WELL, I THINK IF WE HAD A CHANCE TO TALK ABOUT THAT -- I MEAN, YOU ALL SHOULD KNOW WE JUST GOT THIS RECENT MAP ON THURSDAY. AND THEY DID, TOO. IT WASN'T THEIR FAULT. MR. MCLEOD: I UNDERSTAND. BUT YOU FOLKS HAVE BEEN NEGOTIATING FOR SIX MONTHS. IS THERE ANYTHING IN THE LAST SIX MONTHS THAT THIS COMMISSION NEEDS TO KNOW THAT YOU HAVEN'T BEEN ABLE TO GET PAST FIRST BASE WITH THE CITY MANAGER THAT IS GOING TO HOLD UP THE NEGOTIATIONS? THAT'S REALLY WHAT I'M INTERESTED IN AT THIS POINT. IF THERE ISN'T, THEN I REALLY HAVE NO OTHER ISSUES AT THIS TIME. I WOULD TELL YOU AND THE CITY MANAGER TO GO FINISH YOUR NEGOTIATIONS. WHAT I'M TRYING TO DO IS GIVE YOU AN . . . 136 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 1 7 18 19 20 21 22 23 24 OPPORTUNITY TO SAY HERE'S -- COMMISSION, HERE'S THE PROBLEM. HERE'S WHY WE CAN'T COME TO THE FINAL CONCLUSION, BECAUSE OF THIS ISSUE. AND THIS COMMISSION, I DON'T THINK, HAS HEARD ANYTHING ABOUT THIS ISSUE. WE KEEP GOING AROUND AND AROUND. MR. GRINDSTAFF: NO. I THINK THERE ARE A NUMBER OF ISSUES BURIED BENEATH THE UMBRELLA OF THE ILLUSTRATIVE PURPOSES COMMENT. I MEAN, SOME OF THIS STUFF -- MR. MCLEOD: BUT YOU ALREADY STATED THAT YOU AND OUR ATTORNEY CAN GET TOGETHER AND WORK OUT MR. GRINDSTAFF: WE CAN TRY. WE CAN TRY. MR. MCLEOD: I'VE HEARD THAT. WHAT IS SOMETHING NEW? MR. , GRINDSTAFF: I WOULDN'T HAVE ANYTHING NEW, IN ADDITION TO THAT. YOU MIGHT. MR. SCHRIMSHER: BECAUSE IN OUR CONVERSATIONS WITH THE CITY ATTORNEY AND CITY MANAGER, WE HAVE COME TO PRETTY GOOD AGREEMENT ON MOST ISSUES. IT'S JUST, YOU KNOW, IT'S ALWAYS THAT THE DEVIL'S IN THE DETAILS OF SOMEONE GOING HOME AND WRITING IT DOWN IN A FORM THAT WHEN HE HANDS IT ACROSS THE TABLE AND WE READ IT, THAT, YEP, THAT'S WHAT WE . . "'!!, . 137 1 ALL -- THERE'S -- YOU KNOW, SO I DON'T THINK THERE 2 IS ANYTHING LIKE YOU'RE ASKING FOR. 3 MR. MCLEOD: BUT NOW THERE'S NO MAJOR ISSUE, 4 THOUGH, IS WHAT I'M HEARING. 5 MR. SCHRIMSHER: I THINK YOU'RE RIGHT. I 6 THINK THE MAIN ISSUE IS WE DIDN'T EVER GET TO 7 FINISH THAT LAST STEP, THE PROCESS OF COMMITTING 8 TO WRITING SOMETHING THAT BOTH PARTIES ARE WILLING 9 TO SIGN THAT REFLECTS EVERYTHING WE'VE DISCUSSED. 10 MR. MCLEOD: OKAY. BUT WE ,UNDERSTAND THAT. 1 1 I'M STILL LOOKING FOR WHAT IS OUT THERE THAT THIS 1 2 COMMISSION HASN'T HEARD. 1 3 MR. SCHRIMSHER: I DON'T KNOW. 14 MR. MCLEOD: VERY GOOD~ I UNDERSTAND THEN. 1 5 MR. MCLEMORE, HAVE YOU GOT ANYTHING TO THROW 16 ON THIS TABLE THAT IS GOING TO POSSIBLY BE THROWN 17 ON THE TABLE LATER HERE THAT THE SCHRIMSHERS, ALL 18 OF A SUDDEN, ARE GOING TO SAY, HEY, THAT, I DON'T 19 KNOW ABOUT, OR THAT, I DIDN'T KNOW ABOUT? 20 MR. MCLEMORE: WELL, I'M VERY SURPRISED TO 21 HEAR THIS ISSUE OF PARCEL "F" COME UP AGAIN. WHEN 22 WE ALL SAT AROUND THE TABLE AND MET, WE TALKED 23 ABOUT IT, AND THEIR PLANNER LOOKED AT IT. THEY 24 AGREED, WE WALKED AWAY, EVERYBODY'S IN AGREEMENT. . . . 138 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 15 16 17 18 19 20 21 22 23 24 NOW, ALL OF A SUDDEN, IT'S BECOME AN ISSUE AGAIN. I DON'T UNDERSTAND THAT. THE ISSUE RELATIVE TO THE TRAIL AND THE BUFFER ZONE, WE TALKED ABOUT ALL THAT. WE FINISHED. I THOUGHT WE HAD AN AGREEMENT. NOW IT'S BACK ON THE TABLE AGAIN. I DON'T KNOW WHY WE'RE TALKING ABOUT IT AGAIN. THESE THINGS, I DON'T KNOW WHY THEY'RE -- WE SEEM TO GET TO A POINT, THEN THE OLD POINTS KEEP COMING BACK FROM A DISCUSSION. I THOUGHT WE HAD AN AGREEMENT, TO BE HONEST WITH YOU, ON THE SUNSET ISSUE AND ON THE ILLUSTRATIVE PURPOSES ISSUE. SO THIS IS WHAT'S BOTHERING ME, IS WHEN WE AGREE ON SOMETHING, WE NEED TO FINISH IT, SAY IT'S OVER WITH. IF THERE'S SOMETHING WE LEFT OUT, SOMETHING THAT WE INTENDED TO BRING IN BUT WE FAILED TO DO IT, TO ME, THAT'S WORTHY OF FURTHER NEGOTIATION. JUST TO BRING UP OLD THINGS YOU THINK YOU'VE ALREADY SETTLED, AND THEN COME BACK AND PUT THEM BACK ON THE TABLE AGAIN, I DON'T KNOW HOW WE EVER GET THERE FROM HERE. MR. SCHRIMSHER: I'LL TELL YOU. FIRST OF ALL, MY PLANNER WASN'T AT ANY OF THE MEETINGS WITH . '. . 139 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 ,14 15 16 1 7 18 19 20 21 22 23 24 you. DICK DAVIS HAS NOT BEEN IN THOSE MEETINGS. AND SO I DON'T THINK YOU'VE HEARD HIS OPINION OF PARCEL "F." AND AS, FOR THE -- YES, WE'VE TALKED ABOUT THE BUFFER ZONE AROUND THE TRAIL NEXT TO ST. JOHN'S LANDING, BUT THIS IS THE FIRST TIME WE'VE REALLY BEEN ABLE TO SEE THE ACTUAL DRAWING THAT CAME IN THURSDAY OR FRIDAY OR BOTH. I'M NOT SAYING IT'S -- AND ALSO, THIS AGREEMENT, THIS DRAFT THAT MR. GARGANESE SENT, MAY ANSWER THESE QUESTIONS. I HATE TO REPEAT MYSELF, BUT IF I HAD READ IT, MAYBE I'D KNOW WHETHER IT DOES OR NOT. MR. MCLEOD: OKAY. THAT'S FINE~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~KA: IN DUE RESPECT, SINCE WE'VE ALLOWED THEM -- AND THE COMMISSION-- COMMISSIONER MILLER HAS NOT SPOKEN AND WOULD LIKE TO SAY SOMETHING. HE'S ASKED, WITH HIS LIGHT ON, FOR A LONG, L,ONG TIME. MR. MILLER: MR. MCLEOD: THANK YOU. I'M READY TO MAKE A MOTION WHEN HE'S READY. MR. MILLER: YOU'RE A VERY SHARP ATTORNEY, SIR. I GIVE YOU CREDIT FOR THAT. ONE OF THE THINGS THAT I REMEMBER MR. GRINDSTAFF: IT HAS TO BE GOING SOMEWHERE NOT FUN. MR. MILLER: WHEN YOU' START GETTING INTO ALL THIS STUFF THIS EVENING ABOUT YOUR CONCERN ABOUT THE ROAD BEING HERE AND NOT THERE AND THAT THINGS NEED TO CHANGE AND WHAT GUARANTEES AND ALL THAT, I'D LIKE TO SHOW YOU THIS MAP, WHICH I'M SURE YOU'RE FAMILIAR WITH. YOU'VE PROBABLY SEEN IT A THOUSAND TIMES. MR. GRINDSTAFF: YES, SIR. MR. MILLER: IT'S THE ORIGINAL TOWN CENTER AND IT WAS PART OF THE CAUSE OF YOUR HEARTBURN . . . 141 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 ABOUT -- OR ISSUE ABOUT WHERE IS THE WETLAND JURISDICTIONAL LINES. I WOULD LIKE TO READ YOU SOMETHING FROM PAGE 10, THE PAGE JUST BEFORE IT. I'LL JUST READ IT TO YOU. I'LL GIVE IT TO YOU LATER ON. YOU DON'T HAVE TO TAKE MY WORD FOR IT WHAT IT SAYS MR. GRINDSTAFF: I BELIEVE YOU. MR. MILLER: -- RATHER THAN MAKE PHOTOCOPIES AND HAND IT TO YOU RIGHT NOW. IT SAYS, PARTICULAR DETAILS OF'THE ILLUSTRATIVE BUILDOUT DRAWINGS AND OTHER SKETCHES, ILLUSTRATIONS, DRAWINGS, AND DIAGRAMS CONTAINED HEREIN ARE SUBJECT TO CHANGE AT THE REQUEST OF THE AFFECTED PARTIES, PROPERTY OWNER, WITH THE APPROVAL OF THE DEVELOPMENT REVIEW COMMITTEE AND, IF REQUIRED BELOW, WITH THE APPROVAL OF THE CITY COMMISSION. SUCH DETAILS MAY INCLUDE THE LOCATION, DIMENSIONS, QUANTITY, CONFIGURATIONS, DESIGN, FOLLOWING COMPONENTS TO THE CITY OF WINTER SPRINGS TOWN CENTER. THEN IT GOES ON TO SHOW STREETS AND ROADS, BUILDINGS AND STRUCTURES, STORM WATER RETENTION. YOU GO TO PAGE 2, THE INTRODUCTION. THIS IS :. . . 142 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 14 1 5 1 6 17 18 19 20 21 22 23 24 THE -- YOU KNOW, THIS CAME OUT IN MARCH OF LAST YEAR. SO I'M ABSOLUTELY FLOORED THAT YOU'RE STILL RAISING THESE ISSUES. WE'VE ALL FORGOTTEN ABOUT THIS. SO MY QUESTION THAT I'M ASKING MYSELF IS:' WHY ARE YOU DOING THIS AT THIS TIME? I MEAN, IS THIS A TEST Of MY INTELLIGENCE TO RECALL WHERE WE WERE A YEAR AGO? ARE YOU DOING THIS DELIBERATELY TO SEE IF WE REMEMBER OUR OWN PLANS? ON THE BEGINNING OF PAGE 2 IT STATES, INTERPRETATIONS OF THE STANDARDS IN THIS CODE SHALL BE THE RESPONSIBILITY OF THE CITY DEVELOPMENT REVIEW COMMITTEE. IN THE (INAUDIBLE) GENERATION, ILLUSTRATIVE BUILDOUT DRAWINGS ON PAGE 10 OF THE CODE AND PAGE 6 ON THE ADOPTED MASTER PLAN SHALL SERVE AS A GUIDANCE TO THE DEVELOPMENT REVIEW COMMITTEE WITH REGARD TO THE CITY'S INTENT FOR LAND DEVELOPMENT IN THE TOWN CENTER. THE IMAGES CONTAINED IN THIS CODE -- THE IMAGES -- ARE MEANT TO DEMONSTRATE THE CHARACTER INTENDED. IT GOES'ON. MR. GRINDSTAFF: WHAT DO YOU THINK THE IMAGES ARE, IF YOU COULD JUST SHARE YOUR THOUGHTS ON THE . . . 143 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 14 1 5 16 17 18 19 20 21 22 23 24 RECORD? MR. MILLER: THE ISSUE IS THE FOLLOWING. THIS IS AN IMAGE. WHAT I JUST READ TO YOU A FEW MOMENTS AGO SPECIFICALLY STATES -- MR. GRINDSTAFF: THAT WOULD BE PAGE 111 MR. MILLER: -- THAT ALL -- THAT'S PAGE 11 THAT ALL THESE THINGS CAN BE MOVED AROUND IF IT MAKES SENSE. MR. GRINDSTAFF: EVERYTHING ON PAGE 11 CAN BE MOVED AROUND. MR. MILLER: THAT'S WHAT THIS SAYS. I'M JUST QUOTING YOU WHAT THIS SAYS. WE'LL,MAKE A PHOTOCOPY AND GIVE IT TO YOU RIGHT NOW. THIS CAME OUT MARCH OF LAST -- I THINK IT WAS MARCH OF -- 'TWO' YEARS AGO. IT WAS PROBABLY FEBRUARY OF LAST YEAR, I BELIEVE. SO IT'S ALMOST A YEAR OLD. SO MANY OF THESE ISSUES THAT YOU BROUGHT UP SHOULDN'T BE BEING BROUGHT UP AT THIS POINT. YOU OUGHT TO READ WHAT WE ORIGINALLY STARTED OUT AND JUST ASK US TO RECONFIRM THAT, WHAT WAS IN THIS DOCUMENT, JUST SOME CLARIFICATION ON THIS. MR. GRINDSTAFF: COMMISSIONER, THAT WOULD WORK. IF YOU WOULD JUST SIMPLY SAY IN OUR COMPANION AGREEMENT THE SAME THING THAT YOU JUST . . . 144 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 1 7 18 19 20 21 22 23 24 SAID AND HOW YOUR OPINION IS, AND YOUR CITY MANAGER WOULD AGREE WITH YOU, WE'D BE HAPPY AS A LARK. THERE'S A DISAGREEMENT. MR. MILLER: IT SADDENS ME, THOUGH, THAT IT GETS TO THIS POINT WHERE IT'S A CONFRONTATIONAL TYPE THING. I HAD THOUGHT THAT WE WOULD HAVE TWO OR THREE POINTS AND WE WOULD BE ABLE TO TELL THE MANAGER TONIGHT YES, NO, YES. YOU WOULD HEAR YOU WOULD HEAR WE'LL JUST PRESS ON SO THAT BY JANUARY, WE'D BE ABLE TO REACH SOME DEFINITIVE CONCLUSION OF THIS. BUT EVERY TIME WE GET INTO THIS DISCUSSION, IT JUST SEEMS LIKE WE PUT IT OFF ANOTHER MONTH OR TWO. THIS EVENING YOU RAISE THESE GRIEVOUS CONCERNS TO YOU, AND THEY'RE IN A DOCUMENT THAT'S OVER A YEAR OLD. IT'S BEEN THERE RIGHT SINCE THE BEGINNING, DAY ONE. SO I WOULD ENCOURAGE YOU TO -- WE'LL HAVE THE CLERK MAKE A COPY OF THIS FOR YOU. MR. MCLEMORE: HE HAS A COPY. MR. MILLER: MR. GARGANESE, THIS IS HIS COPY. I DIDN'T BRING MR. GRINDSTAFF: YOU MIGHT WANT TO ASK MR. MCLEMORE IF HE AGREES WITH YOUR '. . . 145 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 1 5 16 1 7 18 19 20 21 22 23 24 CHARACTERIZATION. I JUST THINK THERE'S SOME CONFUSION THERE, RON. MR. MILLER: ANYWAY, I DIDN'T MEAN TO OPEN THE CONVERSATION TONIGHT. MY POINT IS, I 'THINK MR. GRINDSTAFF: I DON'T THINK HE AGREES WITH you. MR. MILLER: -- YOU SHOULD SIT DOWN WITH THIS AND ASK HIM, BECAUSE I THINK THIS IS WHAT WE'RE WORKING -- THIS IS WHAT WE STARTED OUT WORKING FROM IN THE BEGINNING. AND SINCE THEN, YOUR DISCUSSIONS WITH THE CITY HAVE GONE THIS WAY, THIS WAY, THIS WAY. AND NOW WE'RE AT SOME POINT OVER IN LEFT FIELD. BUT THIS IS WHERE WE STARTED FROM, AND WE'VE NEVER GOTTEN AWAY FROM IT. THIS IS STILL A LIVING DOCUMENT. IT COULD BE CHANGED. THAT WAS ALWAYS MY UNDERSTANDING. MR. GRINDSTAFF: I DON'T KNOW HOW TO ANSWER YOU,. SIR. I'M INCLINED TO AGREE WITH YOU. I WOULD LIKE TO JUST SIMPLY RESTATE THAT WE WILL DO EVERYTHING YOU JUST SAID, SIR. WE'LL BE,HAPPY TO PUT IT IN THERE. ALL WE NEED IS A STATEMENT TO THAT EFFECT, WHAT YOU JUST SAID. MR. MILLER:' I WOULD SUGGEST THAT YOU TAKE . . . 146 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 THAT UP, AFTER THIS MEETING, WITH THE MANAGER AND , WORK -- UNLESS YOU WANT TO ASK EVERYBODY ELSE. MR. GRINDSTAFF: I'D LIKE TO KNOW HOW THEY FEEL ABOUT THAT. THAT'S EXACTLY THE WAY WE FEEL ABOUT THAT. MR. MCLEMORE: ARE YOU ASKING ME? MR. GRINDSTAFF: YES, SIR. I MEAN, I DON'T KNOW. I DON'T THINK THAT'S WHAT YOU THINK AND I THINK NOW IS THE TIME TO CLARIFY THAT. MR. MCLEMORE: WE HAD EXTENSIVE MEETINGS WITH YOU-ALL WAY BACK THERE WHEN WE DEVELOPED THIS CODE AND WHEN WE WERE TRYING -- YOU KNOW, WE DID MAKE SEVERAL CHANGES IN THE LANGUAGE OF THIS CODE TO DEMONSTRATE THAT THE CODE WAS FLEXIBLE. EXTENSIVE DISCUSSIONS IN A WAY TO MAKE THE CODE FLEXIBLE. TO BE HONEST WITH YOU, I'VE NEVER UNDERSTOOD WHY WE'RE EVEN MEETING, BECAUSE IT'S ALL IN HERE, ALWAYS HAS BEEN. OTHER THAN TO MAYBE DISCUSS SOME ISSUES RELATIVE TO ADVANCED FUNDING OF THE INFRASTRUCTURE OR WHATEVER TO HELP JUMP-START THE PROJECT. WE SPEND HOURS ON THE CODE PROVIDING FOR THAT KIND OF LANGUAGE. THE LANGUAGE WAS CAREFULLY CRA,FTED SAYING THOSE KIND OF CHANGES THAT SERVE . . . 147 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 1 6 1 7 18 19 20 21 22 23 24 THE INTENT OF THE CODE, THE CHARACTER, ALL THOSE KEY WORDS, NOT JUST ILLUSTRATIVE PURPOSES. YOU KNOW IT'S WORDS THAT SAYS, AGAIN, THE MONEY WE INVESTED IN THE PLAN MEANS SOMETHING. IT'S NOT JUST LINES. IT'S LINES THAT MEAN SOMETHING. IT'S CHARACTER. IT'S INTENT. IT'S WHAT YOU'RE TRYING TO DO. WE'VE ALREADY PUT ALL THAT LANGUAGE IN THERE A YEAR AGO. I AGREE WITH MR. MILLER. SO WHAT WERE THE ISSUES? WHY ARE WE GOING THROUGH ALL THIS? I ASSUME THERE WERE OTHER ISSUES, OR EVEN WHAT'S ALREADY HERE, YOU AREN'T COMFORTABLE ENOUGH WITH. MAYOR PARTYKA: COMMISSIONER -- OKAY. CITY MANAGER, WE'VE HEARD THIS OVER AND OVER. I'M GOING TO MOVE THIS ON. COMMISSIONER MCLEOD, YOU WANTED TO MAKE A MOTION. MR. MCLEOD: I THINK I FORGOT IT. I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER DOES MEET WITH THE SCHRIMSHERS AND THEIR ATTORNEYS TO BRING BACK TO US A WORKABLE AGREEMENT, AND I WOULD HOPE THAT THAT COULD'BE DONE SOMETIME BY THE MIDDLE OF FEBRUARY. . . . 148 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 1 4 15 1 6 17 18 19 20 21 22 23 24 IS THERE A SECOND? I'LL SECOND THAT'. MAYOR PARTYKA:. OKAY. DEPUTY MAYOR GENNELL: MAYOR PARTYKA: OKAY. DEPUTY MAYOR GENNELL: COMPLETED AND FINISHED. MAYOR PARTYKA: ANY FURTHER DISCUSSION? MR. MILLER: SET A DATE CERTAIN. MR. MCLEOD: NO. I SAID I ~OULD HOPE IT WOULD BE BY THE MIDDLE OF FEBRUARY. DEPUTY MAYOR GENNELL: LET'S ASK FOR IT TO COME BACK THE FIRST MEETING IN FEBRUARY. MAYOR PARTYKA: HOLD IT. THERE'S ONLY ONE MOTION ON THE FLOOR. IT'S SECONDED. IT EITHER STAYS THE WAY IT IS OR WE'RE LOOKING FOR AN AMENDMENT TO THE MOTION. MR. MILLER: I WOULD LIKE TO MAKE AN AMENDMENT. MAYOR PARTYKA: OKAY. MAKE AN AMENDMENT. MR. MILLER: I'D LIKE TO SUGGEST THAT WE HAVE IT COME BACK TO US BY THE 25TH OF JANUARY, WHICH WOULD BE THE SECOND MEETING IN JANUARY. MAYOR PARTYKA: OKAY. IS THERE A SECOND TO THE AMENDMENT? MR. MILLER: I'M SORRY. THE 24TH OF JANUARY. . . . 149 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 1 5 16 17 '8 19 20 21 22 23 24 MAYOR PARTYKA: IS THERE A SECOND TO THE ,AMENDMENT? DEPUTY MAYOR GENNELL: I'LL SECOND THAT. MAYOR PARTYKA: ANY DISCUSSION ON THAT AMENDMENT? OKAY. CALL THE VOTE FOR THE AMENDMENT. 'THE CLERK: COMMISSIONER MCLEOD. MR. MCLEOD: NO. THE CLERK: DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL: AYE. THE CLERK: COMMISSIONER MARTINEZ. MR. MARTINEZ: NAY. IT'S TOO SOON. THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: NO. THE CLERK: COMMISSIONER MILLER. MR. MILLER: AYE. MAYOR PARTYKA: THE AMENDMENT FAILS. GOING BACK TO THE ORIGINAL MOTION. AND YOU HAVE A LIGHT~ COMMISSIONER,GENNELL? DEPUTY MAYOR GENNELL: YES. THEN I MAKE A MOTION. WHAT'S OUR FIRST MEETING IN FEBRUARY? MAYOR PARTYKA: NO. NO. THERE IS A MOTION ALREADY. DEPUTY MAYOR GENNELL: I MAKE AN AMENDMENT. '. . . 150 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 15 16 1 7 18 19 20 21 22 23 24 MAYOR PARTYKA: A SECOND AMENDMENT. OKAY. DEPUTY MAYOR GENNELL: THAT IT BE BROUGHT BACK TO US BY THE FIRST MEETING IN FEBRUARY. MR. MILLER: 14TH. DEPUTY MAYOR GENNELL: FEBRUARY 14. MR. MILLER: IT'S VALENTINE'S DAY, ALSO. WE ALSO HAVE A VERY EXTENSIVE MEETING THAT DAY ON SOMETHING ELSE. DEPUTY MAYOR GENNELL: NO. JANUARY. MR. MILLER: ANYWAY, SO THAT'S THE SECOND MEETING -- FIRST MEETING IN FEBRUARY. DEPUTY MAYOR GENNELL: FEBRUARY 14TH. THAT'S MY AMENDMENT. MR. MARTINEZ: MAYOR PARTYKA: SECOND. SECOND. ANY DISCUSSION ON THE AMENDMENT? CALL THE VOTE ON THE AMENDMENT. THE CLERK: COMMISSIONER MILLER. MR. MILLER: AYE. THE CLERK: COMMISSIONER MARTINEZ. MR. MARTINEZ: AYE. THE CLERK: COMMISSIONER MCLEOD. MR. MCLEOD: AYE. THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: NO. . . . 1 51 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 1 4 1 5 16 17 18 19 20 21 22 23 24 THE CLERK: DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL: AYE. MAYOR PARTYKA: OKAY. MOTION PASSES ON THE AMENDMENT. CALL THE MOTION, THE MAIN MOTION. THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: REREAD THE MAIN MOTION NOW, PLEASE. MAYOR PARTYKA: READ THE MAIN MOTION. IT'S DISCUSSIONS TO MEET WITH THE CITY MANAGER AND THE SCHRIMSHERS AND TO HAVE IT, I GUESS, WORKED OUT BY FEBRUARY.14TH. MR. MARTINEZ: SAME AS THE EARLIER MOTION BUT IT'S A DIFFERENT DATE. THAT'S ALL IT IS. MR. MCLEOD: I SAID BY THE MIDDLE OF FEBRUARY. DEPUTY MAYOR GENNELL: HE SAID BRING BACK A WORKING DOCUMENT. MAYOR PARTYKA: LET'S GO. THE MOTION IS THERE. DOES EVERYBODY UNDERSTAND THE MOTION? MR. MARTINEZ: (INAUDIBLE) NEGOTIATIONS. MAYOR PARTYKA: EVERYBODY UNDERSTAND THE MOTION? CALL THE VOTE. MR. MILLER: CAN'T SHE READ THAT? . . . 152 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 16 17 18 19 20 21 22 23 24 MAYOR PARTYKA: READ THE 'MOTION. THE CLERK: I'M SORRY? READ THE MOTION? JUST ONE SECOND. COMMISSIONER MCLEOD SAID TO HAVE THE CITY MANAGER MEET WITH THE SCHRIMSHER ORGANIZATION AND BRING BACK A DOCUMENT BY THE MIDDLE OF FEBRUARY. MAYOR PARTYKA: OKAY. WITH THE AMENDMENT, IT'S NOW FEBRUARY 14TH. MR. MARTINEZ: THAT'S THE MIDDLE OF FEBRUARY. MAYOR PARTYKA: AGAIN, FEBRUARY 14TH. CALL THE VOTE, PLEASE. THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: DIDN'T WE ALREADY VOTE ON THIS MOTION AN HOUR AGO? MAYOR PARTYKA: WE VOTED ON THE AMENDMENT. MR. BLAKE: AN HOUR AGO. DIDN'T WE ALREADY VOTE ON THIS MOTION? MR. MARTINEZ: NO. IT WAS TOO EARLY. MAYOR PARTYKA: THE MOTION IS -- CALL THE VOTE. MR. BLAKE: AYE. THE CLERK: DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL: AYE. THE CLERK: COMMISSIONER KILLER. . . . 153 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 1 7 18 19 20 21 22 23 24 MR. MILLER: AYE. THE CLERK: COMMISSIONER MARTINEZ. MR. MARTINEZ: AYE. THE CLERK: COMMISSIONER MCLEOD. MR. MCLEOD: AYE. MR. MARTINEZ: ,OH, LORD. THANK YOU. MAYOR PARTYKA: IS THERE ANYTHING ELSE REQUIRED WITH THIS? DO YOU HAVE TO VOTE TO ' POSTPONE THE READING ON THIS? MR. GARGANESE: YES. ON THE TOWN CENTER DISTRICT CODE ZONING ORDINANCE, YOU NEED A MOTION TO POSTPONE. MAYOR PARTYKA: SO I NEED A MOTION TO DELAY THE THIRD READING OF ORDINANCE 707 TO SOME.FUTURE DATE. MR. MARTINEZ: MAYOR PARTYKA: SO MOVED. OKAY. IS THERE A SECOND? MR. MCLEOD: SECOND. MR. BLAKE: MAYOR, THAT'S NOT AN ACCEPTABLE MOTION. MAYOR PARTYKA: OKAY. WE HAVE TO HAVE ,A FIRM, DATE? YES. OKAY. MR. GARGANESE: MAYOR PARTYKA: COMMISSIONER MARTINEZ. 154 . 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 14 1 5 16 17 18 19 20 21 22 23 24 MR. MARTINEZ: WHAT DATE IS FEASIBLE? MR. GARGANESE: WELL, MAYBE NO EARLIER THAN FEBRUARY 14TH, BECAUSE THAT'S THE DATE THAT MR. MARTINEZ: FEBRUARY 14TH, THE SAME DAY. MAYOR PARTYKA: IS THERE A SECOND TO THAT? MR. MCLEOD: I'LL SECOND THAT. MAYOR PARTYKA: ANY FURTHER DISCUSSION? CALL THE VOTE. THE CLERK: DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL: AYE. THE CLERK: COMMISSIONER MILLER. MR. MILLER: AYE. THE CLERK: COMMISSIONER MARTINEZ. MR. MARTINEZ: AYE. THE CLERK: COMMISSIONER MCLEOD. MR. MCLEOD: AYE. THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: AYE. MAYOR PARTYKA: OKAY. MOTION PASSES. I'D LIKE TO MAKE ONE POINT HERE. YOU KNOW, A LOT OF THE PROBLEM THAT WE HAD IN THIS DISCUSSION OF THREE HOURS, ALMOST THREE HOURS, IS BECAUSE WE DID NOT HAVE THIS INFORMATION ON TIME FOR ALL PARTIES CONCERNED WHERE WE CAN TALK. . . . . . 155 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 1 4 1 5 1 6 17 18 19 20 21 22 23 24 I'LL TELL YOU WHAT -- WELL, (INAUDIBLE) COMMISSIONER MARTINEZ. AND I'M GETTING TIRED OF THIS FOR US TO MAKE THESE KIND OF DECISIONS ,ALL. THE TIME. THAT CAUSES A LOT OF OUR PROBLEMS HERE, BECAUSE WE DO NOT HAVE INFORMATION FOR ALL PARTIES CONCERNED AND ALL PARTIES ARE FORCED TO MAKE DECISIONS WITHOUT LOOKING AT THINGS. WE CANNOT DO THIS. MR. MARTINEZ: MR. MAYOR, WE JUST STATED THAT IF THE MATERIAL WASN'T HERE BY WEDNESDAY, THAT WE WOULD NOT DEAL WITH IT ON THE MEETING SCHEDULED FOR THE NEXT MONDAY. MAYOR PARTYKA: THIS IS UNCALLED FOR. WE STARTED WITH THIS AS A HALF-HOUR PRESENTATION JUST TO GET OUT THE ISSUES, NOT TO GET INTO THESE KIND OF LONG-TERM DEBATES, BECAUSE BOTH SIDES, INCLUDING US AND THEM, DOES NOT HAVE THE INFORMATION TO MAKE VALID DECISIONS. I URGE YOU IN THE FUTURE, IF THIS HAPPENS AGAIN, WE JUST DON'T TOUCH IT. GIVE EVERYBODY A WEEK, TWO WEEKS, OR WHATEVER. WE JUST DON'T TALK ABOUT IT. WE CANNOT DO THIS. THIS CAUSES HALF OF OUR PROBLEMS. THAT'S ALL I WANTED TO SAY. THANK YOU FOR . . . 156 1 2 3 4 5 6 7 8 9 10 1 1 1 2 13 14 1 5 1 6 17 1 8 19 20 21 22 23 24 YOUR PATIENCE. COMMISSIONERS, THANK YOU FOR YOUR PATIENCE. MR. GRINDSTAFF: THE NEXT TOPIC IS RELATED. MAYOR PARTYKA: "D." MIGHT AS WELL SIT THERE. REQUEST THE CITY COMMISSION HOLD A PUBLIC HEARING TO TRANSMIT THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CPA-1-99) TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THAT WOULD CREATE A FUTURE LAND USE MAP DESIGNATION "TOWN CENTER" AND ADD GOAL, OBJECTIVES, AND POLICIES TO THE TEXT OF THE LAND USE ELEMENT OF THE CITY'S COMPREHENSIVE PLAN (VOLUME 2 OF 2). STAFF, IS THERE ANYTHING THAT NEEDS TO BE DONE? . MR. MCLEMORE: TOM'S COMING RIGHT NOW. MAYOR PARTYKA: THOMAS, THANK YOU. MR. GRIMMS: MR. CHAIRMAN, WE'RE ON AGENDA ITEM MAYOR PARTYKA: "D" AS IN DOG. MR. GRIMMS: RIGHT. OKAY. THIS IS OUR LONG-AWAITED COMPREHENSIVE PLAN AMENDMENT, LARGE SCALE, FOR THE TOWN CENTER. AND THIS IS ALSO PART OF OUR FALL 1999 SUBMISSION CYCLE TO DCA. THIS ONE INVOLVES THE TOWN CENTER, AND IT ENCOMPASSES . . . 157 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 13 1 4 1 5 16 17 , 18 19 20 21 22 23 24 THE CREATION OF FUTURE LAND USE MAP DESIGNATIONS, TOWN CENTER FOR THE COMP PLAN, AND TO ADD SPECIFIC GOALS, OBJECTIVES, AND POLICIES TO THE TEXT IN OUR LAND USE ELEMENT OF THE COMP PLAN, VOLUME 2 OF 2. MAYOR PARTYKA: OKAY~ COMMISSIONER GENNELL. DID YOU SAY SOMETHING? DEPUTY MAYOR GENNELL: MY LIGHT IS NOT ON. MAYOR PARTYKA: OKAY. ANY COMMENTS FROM ANYONE? OKAY. I'LL OPEN THIS UP TO PUBLIC INPUT FIRST. MR. DIMINICO. MR. DIMINICO: YES, SIR. IN THE INTEREST OF TIME, I'LL TALK -- MAYOR PARTYKA: NO. NO. NO. MR.' DIMINICO: THERE WAS NO PUBLIC COMMENT ON THE LAST ISSUE. MY NAME IS JOE DIMINICO, 95 TRUIN TRACE. I COMMEND YOU, MR. MAYOR, FOR WHAT YOU BROUGHT UP. AND IF I MIGHT INDULGE THE COMMISSION AND YOU AND THE CITY CLERK IN THE SPIRIT OF CHRISTMAS, IN VIEW OF YOUR COMMENT, I SHOULD LIKE TO MAKE A PUBLIC APOLOGY FOR MY ANGER AND INSULTS THAT I'VE THROWN AROUND AS A RESULT OF YOU BEING THE ACCOUNTABLE ELECTED OFFICIALS, HOWEVER, NOT . . . 158 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 14 1 5 1 6 17 18 19 20 21 22 23 24 GETTING THIS INFORMATION FROM THE UNACCOUNTABLE EMPLOYEES. MY QUESTION IS: ON WHAT ISSUE DOES ONE PARTICULAR PLANNER, SUCH AS MR. LEBLANC, DEAL WITH THE ECKERD'S SIGN? WHY DOES MR. GRIMMS DEAL WITH PARCELS 7 AND 8? AND WHY IS THE CITY MANAGER DEALING WITH THE TOWN CENTER WHEN HE OBVIOUSLY HAS A MYRIAD OF OTHER DUTIES TO PERFORM BEYOND BEING A PLANNER? IT JUST IS NOT PASSING THE MAKE-SENSE TEST. I WANT TO SAY FROM THE PUBLIC'S PERCEPTION THAT I HOPE THAT YOUR COMMENT THAT THIS HAS TO STOP, AND MR. MARTINEZ'S COMMENT THAT IF YOU DON'T GET IT BY WEDNESDAY, YOU DON'T TALK ABOUT IT, IT COMES OFF THE AGENDA, IS SOMETHING THAT YOU WILL STICK TO. AGAIN, I APPLAUD YOU FOR WHAT YOU HAVE JUST PUT ON THE PUBLIC RECORD. I REALLY HOPE THAT WE CAN STICK TO THAT. THANK YOU, SIR. MAYOR PARTYKA: THANK YOU, MR. DIMINICO. MAKE SURE TO FILL OUT THE SHEET. OKAY. ANYONE ELSE WISHING TO SPEAK UNDER PUBLIC INPUT? MR. GRINDSTAFF: THIS WOULD BE BRIEF, MR. MAYOR. I APPEARED AT THE PZ MEETING ON . . . 159 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 1 6 17 18 19 20 21 22 23 24 NOVEMBER -- I DON'T KNOW WHAT DATE IT WAS -- IT WAS THE WEDNESDAY NIGHT BEFORE THANKSGIVING WHEN THIS THING WAS HEARD -- AND EXPRESSED A FEW COMMENTS JUST FOR THE RECORD TO STATE THAT THE SCHRIMSHER GROUP WAS NOT IN FAVOR OF THE TOWN CENTER COMP PLAN CHANGE AND TOWN CENTER ZONING CHANGE WITHOUT THE COMPANION AGREEMENT THAT ADDRESSES SOME FACTS AND SITUATIONS AND PROBLEMS THAT ARE UNIQUE TO SCHRIMSHER, WHICH WE'VE BEEN TALKING ABOUT NOW FOR OVER 12 MONTHS. AND I DON'T THINK THERE'S ANY REASON ,TO GET BACK INTO IT. I JUST WANTED TO BE ON THE RECORD AS THIS NEW ORDINANCE WAS WORKING ITS WAY THROUGH, JUST TO POINT THAT OUT. AND I COMMEND THE PZ FOR -- OVER ONE YEAR LATER, AFTER THEY HEARD THE TOWN CENTER DESIGN CODE ORDINANCE, TO ALSO TAKING SIMILAR ACTION WHEN THEY HEARD THE TOWN CENTER COMP PLAN AMENDMENT ORDINANCE AND THAT THEY RECOMMENDED APPROVAL WITH THE EXCLUSION 'OF THE SCHRIMSHER PROPERTIES AND ANY OTHER PROPERTY THAT DIDN'T HAVE AN AGREEMENT THAT DEALT SPECIFICALLY WITH IT. SO THAT'S IT. I KNOW WE'RE WORKING ON THAT AGREEMENT. . . . 160 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 1 5 1 6 17 18 19 20 21 22 23 24 MAYOR PARTYKA: THANK YOU. ANYONE ELSE? OKAY. I'D LIKE TO CLOSE THE PUBLIC PORTION PART OF THIS MEETING AND OPEN THIS BACK UP TO COMMISSION DISCUSSION. COMMISSIONERS? MR. MARTINEZ: CAN WE HEAR FROM THE MANAGER ON THIS? MAYOR PARTYKA: SURE. MR. MCLEMORE: WHAT WOULD YOU LIKE TO HEAR? OUR RECOMMENDATION IS TO MOVE FORWARD WITH THIS, TRANSMIT THIS TONIGHT. MR. MARTINEZ: THAT'S WHAT I WANTED TO HEAR. MAYOR PARTYKA: OKAY. AGAIN, LOOKING FOR AN ACTION HERE BY SOMEBODY. LOOKING FOR A MOTION. COMMISSIONER GENNELL. DEPUTY MAYOR GENNELL: YES. I MOVE TO FORWARD THIS COMPREHENSIVE PLAN. IS IT AN AMENDMENT? MAYOR PARTYKA: LARGE SCALE COMPREHENSIVE PLAN. DEPUTY MAYOR GENNELL: YES. (INAUDIBLE) COMMISSIONER MCLEOD. TO MOVE IT FORWARD, TRANSMIT IT TO DCA. MAYOR PARTYKA: IS THERE A SECOND? 161 . 1 MR. MARTINEZ: SECOND. 2 MAYOR PARTYKA: SECONDED BY COMMISSIONER 3 MARTINEZ. 4 ANY DISCUSSION? CALL THE VOTE. 5 THE CLERK: COMMISSIONER MARTINEZ. 6 MR. MARTINEZ: AYE. 7 THE CLERK: COMMISSIONER BLAKE. 8 MR. BLAKE: AYE. 9 THE CLERK: DEPUTY MAYOR GENNELL. 10 DEPUTY MAYOR GENNELL: AYE. 11 THE CLERK: COMMISSIONER MILLER. 12 MR. MILLER: AYE. 13 THE CLERK: COMMISSIONER MCLEOD. 14 MR. MCLEOD: AYE. 15 MAYOR PARTYKA: OKAY. MOTION PASSES. THANK 16 YOu. 17 (WHEREUPON, THE MEETING WAS CONCLUDED AT 18 10:30 P.M.) 1 9 20 21 22 23 24 . . ., 162 1 2 3 4 CERTIFICATE OF OATH 5 6 7 STATE OF FLORIDA) 8 COUNTY OF ORANGE) 9 10 I, SANDRA A. MOSER, REGISTERED PROFESSIONAL REPORTER, CERTIFY THAT I WAS AUTHORIZED TO AND DID 11 STENOGRAPHICALLY REPORT THE FOREGOING PROCEEDING AND THAT THE TRANSCRIPT IS A TRUE RECORD. 12 . . I FURTHER CERTIFY THAT I AM NOT A RELATIVE, 13 EMPLOYEE, ATTORNEY OR COUNSEL OF ANY OF THE PARTIES, NOR AM I FINANCIALLY INTERESTED IN THE ACTION. 14 15 DATED THIS 6TH DAY OF JANUARY, 2000. 16 ~\o..) (1, ~Ciu.(. / ---------------------------- SANDRA A. MOSER, R.P.R. 17 18 19 NOTARY PUBLIC- STATE OF FLORIDA 20 21 22 ......:'......... SANDRA A. MOSER (.r';&'3 MY COMMIS~ION. . CC 733210 %~-!'I EXPIRES, Apn112. 2002 '~~iii..'fr,l(...., Bonded Thru NOIIry NlIic UndIrWri.rs 23 24 " , I" .- ~. . .' .. ~ . ,. - , i.,.,.,. ., :;,. . , , '1: ~ . -, ,:..'.. h ' . ;. " ~ . ~ tmTM: , Registered , Prolessional Reporter' COpy " '.... ..- ..1 , . TRANSCRIPT OF PROCEEDINGS' , .. ., ' , " -. .'. . .' , " ' . ,", . '.' ~ . ' CIT.Y OF WINTER SPRI~GS" FLORIDA ' , CITY ~OMMISsiQN- ~EGULAR MEETING , " ---------------------------------------- . .' - , " . . . . TRANSCRIPT OF REGULAR MEETING HELD ON FEBRUARY ,14," 2000, BEGINNING AT 5:15P.M.,AT. CITY COMMISSION C~AMBERS, ,i12,,6E,AST STATE ROAD,434, WINTER SPRINGS, , FLORIDA, AND REPORTED BY SANDRA 'A. MOSER, REGISTERED PROFESSIONAL RE~ORTER:ANDNOTARY 'PUBLIC, STATE ,OF, FLORIDA AT LARGE. " ' , , . ~ -... - ,. ~ ~ . oS ."' . ."' "'Realtime , ' . ' J .~..':~. :'.,.. ":'.: . r' , , ,.. ;"rters, Inc_:-' , -. '. " ~ " Registered Professional Reporters :' ". ,'. ,:': Certjfied Video Technicians' .' ' , ., . , , 1188 Fox Fo~~st Clrcl~' -, APOPk~, Florida 327f2- (407) 8~~2 . FAX, (407) 884~ " I~I " :'~ ' .",: " .".,'" ~ncJ~a A. Dawkins, Pr~slcJent ...",.'. ,,',' Orl!..dO- , " .,', 'Professional ReporttngSlnce .1977' , ' , ' '_7.:E:.. . ' , , . . 19 20 21 22 23 24 . 25 2 1 PRO C E E DIN G S 2 MAYOR PARTYKA: HE SUGGESTED THAT THREE ITEMS I 3 BE WORKED TOGETHER AT LEAST IN A DIFFERENT ORDER 4 THAN WE HAVE RIGHT NOW. 5 THE FIRST ONE, UNDER REGULAR ITEM D, WHICH 6 TALKS AGAIN TO THE WHOLE IDEA OF THE DOWNTOWN 7 CENTER, SHOULD BE HANDLED FIRST[ HE SUGGESTS. 8 THEN AFTER THAT, TO ADD ON ITEM F, WHICH 9 TALKS TO SCHRIMSHER ISSUES. AND THEN AFTER THAT 10 IS HANDLED~ THEN WE COULD HANDLE THE ISSUE OF 11 PUBLIC HEARING ITEM B IN ORDER OF PRIORITY. IS 12 THAT CORRECT, MR. MCLEMORE? 13 MR. MCLEMORE: WELL, I THINK THE INFORMATION 14 BUILDS UP TO THE FINAL ANSWER AS TO WHAT YOU'RE 15 GOING TO DO WITH THE CODE. 16 MAYOR PARTYKA: YES. I AGREE. 17 MR. MCLEMORE: WE NEED TO MAKE SURE WE 18 UNDERSTAND REGULAR ITEM D, WHICH IS THE OGT UPDATE, AND BRING YOU UP TO DATE ON THE OUTSTANDING ISSUES. AND THEN YOU CAN DECIDE WHAT YOU WANT TO DO WITH THE CODE. MAYOR PARTYKA: WOULD IT MAKE SENSE -- JUST FROM AN ORDER OF DOING THIS, WOULD IT MAKE SENSE THAT PRIOR TO PUBLIC HEARING, ALL RIGHT[ WE GO REGULAR ITEM D[ REGULAR ITEM F[ AND THEN WE GO . . 17 18 19 20 21 22 23 24 . 25 3 1 WITH THE B? HOW'S THAT AS AN ORDER? 2 MR. MCLEMORE: SURE. 3 MAYOR PARTYKA: ALL RIGHT. THAT'S THE ONLY 4 ONE WE'LL -- AT LEAST AT THIS POINT 5 MR. MILLER: SAY THAT ONE MORE TIME. 6 MAYOR PARTYKA: REGULAR ITEM D, THEN REGULAR 7 ITEM F, WHICH IS THE ADD-ON ITEM. 8 MR. MILLER: WE HAVE AN AMENDED? 9 MAYOR PARTYKA: YES. RIGHT. IT SHOULD BE IN 10 THE PACKET, COMMISSIONER. I JUST PICKED IT UP 11 THIS MORNING. 12 MR. BLAKE: BUT THE ITEMS ATTACHED TO THE 13 FIRST ONE AS AMENDED. 14 MAYOR PARTYKA: OKAY. 15 MR. BLAKE: AND THEN THE THIRD ITEM. 16 MAYOR PARTYKA: THE THIRD WOULD BE A PUBLIC HEARING, ITEM Bi "B" AS IN BOY. MR. BLAKE: NOW, DO WE WANT TO MOVE THOSE OTHER ITEMS UP PRIOR TO HEARING THAT? MAYOR PARTYKA: THAT'S WHAT I'M SUGGESTING, YES. MR. BLAKE: NOT THE PUBLIC HEARING ITEM BACK? MAYOR PARTYKA: NO. SO WE'LL BRING THOSE TWO ITEMS UP, AND THEN WE'LL GO TO B, AND THEN WE'LL FOLLOW THE NORMAL PATTERN. OKAY. 4 . 1 MR. MILLER: SO AFTER A, THEN WE'LL INSERT D 2 AND THEN E -- I'M SORRY -- D AND THEN F, AND THEN 3 WE'LL GO TO B. 4 MAYOR PARTYKA: WHAT WE'LL DO FOR THE SAKE OF 5 DOING IT TOGETHER, MY SUGGESTION WOULD BE TO 6 HANDLE D, F, AND B TOGETHER BEFORE WE GET TO A. 7 MR. BLAKE: BEFORE WE GET TO A? 8 MAYOR PARTYKA: YES, BEFORE WE GET TO A, JUST 9 SO WE GET IT ALL OUT OF THE WAY. OKAY? 10 MR. BLAKE: OKAY. 11 MAYOR PARTYKA: THEN WE'LL FOLLOW THE NORMAL 12 SEQUENCE. 13 IS THERE ANY OTHER ITEMS? LET ME FILL THIS 14 ONE, JUST SO YOU KNOW, WITH "ADD-ON" SO YOU KNOW 15 WHAT THAT IS WITH COMMISSIONER ROBERT DALLARI 16 COMING UP. 17 (WHEREUPON, THE WORKSHOP WAS CONDUCTED, BUT NOT 18 STENOGRAPHICALLY REPORTED.) 19 MAYOR PARTYKA: IDENTIFY YOURSELF. 20 MS. SCARLATA: TERRY SCARLATA, 1006 NANCY 21 CIRCLE. 22 AS YOU KNOW, THERE ARE QUITE A FEW OF US WHO 23 ARE CONCERNED ABOUT WHAT LIES IN STORE FOR THE 24 RECREATIONAL BOUNDARIES TO CENTRAL WINDS PARK. 25 TONIGHT I BRING TO YOU A PETITION WITH 109 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 5 SIGNATURES FROM PEOPLE WHO WISH TO PROTECT THE AREA ZONED FOR RECREATION IN WINTER SPRINGS AND, IN PARTICULAR, CENTRAL WINDS PARK. I'LL BRING MORE SIGNATURES IN THE NEXT FEW MEETINGS AS THERE ARE STILL A FEW VOLUNTEERS CIRCULATING COPIES OF THIS PETITION IN THE AREA. THOUGH I APPROVE OF THE TOWN CENTER IN CONCEPT, I AM CONCERNED THAT THIS SPECIAL DISTRICT IS A TROJAN HORSE. ONCE YOU DO AWAY WITH THE RECREATIONAL ZONING FOR THE 59-ACRE PARK, THERE'S NOTHING TO STOP YOU OR YOUR SUCCESSORS FROM USING THE LAND FOR PURPOSES OTHER THAN ITS CURRENT RECREATIONAL INTENT. BECAUSE OF THIS CONCERN, I HAVE TRIED TO OBTAIN A COPY OF THE PLAT TO CENTRAL WINDS TO SEE IF THERE ARE ANY PERPETUAL DEDICATIONS TO THE PUBLIC. I HAVE IT ON WORD FROM THE CITY REPRESENTATIVE THAT NO PLAT EXISTS. I HAVE TRIED TO OBTAIN THE DEEDS TO THE PROPERTY TO SEE IF IT LISTS DEDICATIONS OR EASEMENT RIGHTS, BUT A PUBLIC RECORDS REQUEST FOR THE DEEDS ONLY NETTED A COPY OF THE WARRANTY DEED. AS SOON AS TIME ALLOWS, I'LL PURSUE THIS IN YET ANOTHER PUBLIC RECORDS REQUEST FOLLOW-UP TO ASK FOR THE ORIGINAL DEED. . . 24 . 25 6 1 I FIND IT VERY DISAPPOINTING THAT THIS DEED 2 TO CENTRAL WINDS PARK ISN'T PART OF THE FILES FOR 3 THE TOWN CENTER. I QUESTION WHY IT ISN'T. IF 4 YOU'RE CONCERNED ABOUT THE PUBLIC INTEREST AND 5 ESPECIALLY ABOUT PROTECTING OUR CURRENT 6 RECREATIONAL OPPORTUNITIES, YOU SHOULD INSTRUCT 7 THE STAFF TO CONDUCT A THOROUGH SEARCH TO 8 DETERMINE IF THERE IS ANY DOCUMENT THAT ALREADY 9 PROVIDES THIS DEDICATION. IF NONE EXISTS, MAY I 10 SUGGEST THAT YOU SHOW YOUR COMMITMENT TO PROTECT 11 CENTRAL WINDS PARK BY INSTRUCTING THAT ONE BE 12 RECORDED WITH THE COUNTY. 13 I SEE IRONIES ALL AROUND WITH THIS PARK 14 ISSUE. AT ONE TIME YOU HAD AMPLE SPACE FOR 15 PARKS. YOU HAD GOOD RECREATIONAL AREAS LOCATED 16 NEAR MAJOR ROADWAYS. I'M REFERRING TO THE MARINA, 17 STABLE AREA, AND THE LARGE PARK AREA WHICH IS NOW 18 I THE LOCATION FOR DAVENPORT GLEN. THESE WOULD HAVE 19 BEEN EVERYONE'S FIRST CHOICE FOR A RECREATION AREA 20 BECAUSE OF THEIR PROXIMITY TO RESIDENTIAL AREAS 21 AND, ALSO, A MAJOR ROADWAY AND, THUS, WOULD HAVE 22 GONE FAR TO CUT DOWN ON THE TRAFFIC CONGESTION 23 COMPLAINTS YOU HEAR TODAY. THE DEMAND FOR RECREATION AREAS IS NOT GOING TO GO AWAY AND, IN FACT, WILL BECOME GREATER AS 7 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CITY'S POPULATION GROWS TO INCLUDE ANOTHER 10,000 PEOPLE BY THE YEAR 2010. TO SUM IT UP, I AND THOSE WHO HAVE SIGNED THIS PETITION ARE IN SUPPORT OF PROTECTING CENTRAL WINDS PARK, BECAUSE WE RECOGNIZE ITS IMPORTANCE AND VALUE TO THE CITY AS A COMMUNITY PARK OFF A MAJOR ROADWAY. WHAT ALTERNATIVES YOU HAVE LEFT IN WINTER SPRINGS ARE OFF THE BEATEN PATH. AND AS DEMAND FOR RECREATION GROWS, AREAS GROW, WE'RE SURE TO HAVE GOOD TIMES IN CENTRAL WINDS PARK -- TIMES IN CITY HALL ONCE THE PUBLIC BECOMES AWARE OF THEIR EXISTENCE. MAYOR PARTYKA: THANK YOU VERY MUCH, MRS. SCARLATA. COULD YOU SIT RIGHT THERE? I JUST! WANT TO CLARIFY A POINT OF FACT. THE DEED SHOULD BE RECORDED. I IMAGINE WE HAVE A DEED. CITY MANAGER. MR. MCLEMORE: I'VE NEVER READ THE DEED. I THINK SHE JUST SAID WE HAVE A DEED. I WASN'T HERE WHEN THE PARK WAS BUILT. MAYOR PARTYKA: I THOUGHT YOU SAID -- MS. SCARLATA: NO. I'M THE SAME WAY. I'M ASKING FOR THE DEED. YOU HAVE A WARRANTY DEED, AND IT DOES MAKE REFERENCES. LOOK AT THE WARRANTY DEED, AND IT DOES MAKE REFERENCE TO A DEED AND . . 8 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EASEMENT AND THINGS OF THAT NATURE. MAYOR PARTYKA: WHAT I'M SAYING IS YOU CAN'T GET A COPY OF THE DEED? MS. SCARLATA: NO, I CANNOT GET A COPY. MR. MCLEMORE: IF I CAN ANSWER. I DON'T KNOW THE FACTS SURROUNDING THIS. I KNOW THAT MR. LE BLANC DID TELL ME THAT AS FAR AS HE KNEW THERE WAS NOT A PLAT OF CENTRAL WINDS PARK. I MEAN, I DON'T KNOW WHAT HAPPENED BACK WHENEVER IT WAS DONE. BUT I THINK -- I DON'T SEE ANY REASON WHY WE WOULD WANT TO GO BACK AND PROVIDE SOME TYPE OF INSTRUMENT THAT WOULD DEDICATE THE PARK. WE'LL GET WITH THE CITY ATTORNEY AND LOOK AT THIS AND SEE WHAT WE HAVE TO DO. . MS. SCARLATA: MR. MCLEMORE: I'D APPRECIATE THAT. SURE. . MAYOR PARTYKA: OKAY. VERY GOOD. GIVEN THAT AS BACKGROUND, COMMISSIONER BLAKE HAS A COMMENT, AND COMMISSIONER MILLER. MR. BLAKE: THANK YOU, MAYOR. MR. ATTORNEY, THE TOWN CENTER DISTRICT CODE IS A NEW ZONING CLASSIFICATION, CORRECT? MR. GARGANESE: YES. MR. BLAKE: BUT THE UNDERLYING LAND USE . . 20 21 23 24 . 25 9 1 DESIGNATION ON THE PROPERTY ALSO HAS SOME BEARING 2 ON HOW THAT PROPERTY COULD ULTIMATELY, IF EVER, BE 3 DEVELOPED, DOES IT NOT? 4 MR. GARGANESE: YES, SIR. 5 MR. BLAKE: SO WHERE CENTRAL WINDS PARK IS, 6 IF THAT PROPERTY AND I'M NOT. I BELIEVE IT IS, 7 BUT I CAN'T SAY WITHOUT LOOKING AT THE MAP -- IF 8 THAT PROPERTY IS CLASSIFIED AS A RECREATIONAL LAND 9 USE, THEN THAT WOULD HAVE TO GO HAND-IN-HAND WITH 10 THE ZONING CLASSIFICATION; WHICH THIS TOWN CENTER 11 ZONING CLASSIFICATION DOES ALSO HAVE SQUARES AND 12 PARKS, MEANING THOSE AREAS THAT ARE UNDEVELOPED OR 13 USED FOR RECREATIONAL PURPOSES. 14 SO, IN OTHER WORDS, WHAT I'M TRYING TO GET AT 15 HERE IS THE SIMPLE FACT THAT A TOWN CENTER 16 DISTRICT CODE WOULD BE THE ZONING FOR THE DIRT. 17 THAT DOESN'T NECESSARILY, IN AND OF ITSELF, TELL 18 US WHAT THE ULTIMATE LAND USE OF THAT PARCEL COULD 19 BE UNTIL YOU GO BACK TO LOOK AT THE LAND USE AND EVERYTHING ELSE WITHIN THE CODE. MR. GARGANESE: THAT'S CORRECT. YOU HAVE TO 22 LOOK AT THE COMPREHENSIVE PLAN IN CONJUNCTION WITH THE ZONING CODE. MR. BLAKE: OKAY. I WANT TO BE SURE WE WEREN'T TAKING A STEP TO ZONE THE PARK WHERE WE . . 20 21 22 23 24 . 25 10 1 COULD BUILD SKYSCRAPERS. 2 MS. SCARLATA: CAN I JUST SAY SOMETHING? 3 BECAUSE I HAVE MENTIONED THIS. I HEARD -- 4 MAYOR PARTYKA: COULD YOU HOLD ON FOR ONE 5 SECOND? 6 MS. SCARLATA: SURE. 7 MAYOR PARTYKA: COMMISSIONER MILLER, COMMENT? 8 MR. MILLER: OH, THAT'S FINE. SHE CAN MAKE 9 HER COMMENTS. 10 MAYOR PARTYKA: OKAY. MRS. SCARLATA. 11 MS. SCARLATA: THE REASON WHY WE WANT THE 12 DEDICATION, IF IT'S BEING OFFERED, IS BECAUSE I DO 13 KNOW THE COMPREHENSIVE PLAN CAN BE AMENDED VERY 14 EASILY THROUGH THE EVALUATION APPRAISAL REPORT. I 15 THINK THAT KIND OF SNEAKS THROUGH SOMETIMES. 16 MAYOR PARTYKA: OKAY. THANK YOU. 17 COMMISSIONER MILLER. 18 MR. MILLER: WE'RE GOING TO HAVE A 19 PRESENTATION, I THINK, FOLLOWING PUBLIC INPUT THIS EVENING. YOU'RE AWARE OF THAT? MS. SCARLATA: YES. MR. MILLER: BECAUSE YOU SHOULD STAY FOR IT. I THINK IT ADDRESSES SOME OF THE ISSUES THAT YOU'VE RAISED HERE THIS EVENING. YOU SHOULD STAY. EITHER THAT OR DEFINITELY PICK UP A COPY OF 11 1 THE MATERIAL. 2 MS. SCARLATA: OKAY. 3 MR. MILLER: THANK YOU. 4 MAYOR PARTYKA: GOOD. THERE ARE NO OTHER 5 REQUESTS TO SPEAK UNDER PUBLIC INPUT. 6 (WHEREUPON, OTHER AGENDA ITEMS WERE WAS CONDUCTED, BUT 7 NOT STENOGRAPHICALLY REPORTED.) 8 MAYOR PARTYKA: WE ARE NOW ON B. THIS IS 9 COMMUNITY DEVELOPMENT FROM THE PLANNING 10 COMMISSION. REQUESTS THE CITY COMMISSION REVIEW 11 THE FOLLOWING INFORMATION REGARDING CONCURRENCY 12 MANAGEMENT RELATED TO THE PARKS SYSTEM. 13 STAFF DESIRES TO MAKE A SHORT PRESENTATION ON 14 THIS ITEM. YOU HAVE THE FLOOR, TOM. . . . 15 16 17 18 19 20 21 22 23 24 25 TOM: MR. MAYOR, MEMBERS OF THE BOARD. MAKE SOME BRIEF OVERVIEW REMARKS HERE. DURING THE JANUARY 24, 2000, CITY COMMISSION MEETING, QUESTIONS WERE RAISED OR ASKED ABOUT THE STATE OF THE CONCURRENCY MANAGEMENT SYSTEM. THE COMPREHENSIVE PLAN PROVIDES THAT DEVELOPERS DEDICATE RECREATION LAND OR CASH IN LIEU. IF LEVEL SERVICE STANDARDS ARE NOT MET AT THE TIME OF - DEVELOPMENT, THE TIME OF DEVELOPMENT IS REVIEWED AND APPROVED. THE LDR'S REQUIRE THAT A DEVELOPER OF . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - 23 24 25 . . 12 PROPERTY OVER 20 ACRES, BUT EXCLUDING PUD'S, CONFER WITH THE PNZ BOARD IN REGARD TO AREAS FOR PUBLIC USE. AN AREA EQUAL TO 5 PERCENT OF THE GROSS AREA SHALL BE DEDICATED FOR PARKS AND RECREATION PURPOSES. IF THE LAND AREA IS LESS THAN 20 ACRES, THE STAFF MAY RECOMMEND THAT THE CITY COMMISSION WAIVE THE REQUIREMENTS FOR PUBLIC USE AREAS. A REVISED LDR CONSISTENT WITH THE COMPREHENSIVE PLAN WAS PRESENTED TO THE P&Z BOARD IN 1997 AND, SUBSEQUENTLY, REFERRED TO THE PAST CITY ATTORNEYS FOR THEIR REVIEW AND COMMENT. SPECIFICALLY, THE COMPREHENSIVE PLAN REQUIRES 1.6 ACRES OF COMMUNITY PARK FOR 1,000 POPULATION. CENTRAL WINDS PARK MEETS THE STANDARD UNTIL THE POPULATION MEETS OR EXCEEDS 42,500. THE PRESENT POPULATION OF THE CITY IS ESTIMATED TO BE 30,000. THE COMPREHENSIVE PLAN DIVIDES THE CITY INTO THREE GEOGRAPHIC AREAS. AND AS YOU SEE ON THE OVERHEAD OVER HERE, THE NORTHWEST AREA, COMPRISING OF THIS AREA, BASICALLY, THE HIGHLANDS AREA, SOUTH CENTRAL AREA, AND THE SOUTHEAST AREA, WHICH COMPRISES, PRIMARILY, TUSCAWILLA AREA. THESE GEOGRAPHIC AREAS ARE DIVIDED FOR NEIGHBORHOOD PASSIVE AND PRIVATE PARKS WITH . . . 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACREAGE REQUIREMENTS FOR EACH UNDER A PER CAPITA BASIS. IF LEVEL OF SERVICE STANDARDS ARE NOT MET, PUBLIC USE LANDS ARE TO BE REQUIRED AT THE TIME A DEVELOPMENT IS REVIEWED AND APPROVED. CURRENTLY, EACH GEOGRAPHIC AREA HAS PARK ACRES THAT EXCEEDS THE PARK ACRES LEVEL OF SERVICE REQUIREMENT. AND THIS TABLE DOES INDICATE NUMERICALLY THAT THE THREE SECTORS -- THAT WE DO HAVE THE LEVEL SERVICE STANDARD MORE THAN MET IN THESE THREE AREAS. MR. MAYOR. MAYOR PARTYKA: ANYONE ELSE? OKAY. COMMISSIONERS, ANY QUESTIONS? BY ANYONE? OH, I'M SORRY. COMMISSIONER MARTINEZ. MR. MARTINEZ: NO; THAT WAS THE LAST ONE. MAYOR PARTYKA: COMMISSIONER MILLER. MR. MILLER: I JUST HAVE ONE QUESTION. YOU MADE A COMMENT THAT, BASED ON THE CURRENT POPULATION, CENTRAL WINDS PARK MEETS THE REQUIREMENT UNTIL WE REACH 42,OOO? TOM: 42,500. CENTRAL WINDS PARK DOES MEET THE LEVEL OF SERVICE STANDARDS SET IN THE COMPREHENSIVE PLAN. MR. MILLER: FOR THE ENTIRE CITY? TOM: YES. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 14 MR. MILLER: SO ALL THE REST OF THE PARK AREAS ARE JUST ADD-ONS OR EXTRAS? TOM: CENTRAL WINDS PARK IS CONSIDERED A SEPARATE FACILITY OF THE PARK FROM -- IT'S A COMMUNITY PARK. THAT'S WHAT IT'S DEFINED AS, APART FROM THE OTHER PARKS. MR. MILLER: THANK YOU. MAYOR PARTYKA: OKAY. ANYTHING ELSE? OKAY. CITY MANAGER, YOU WANT TO SAY SOMETHING? MR. MCLEMORE: I'LL ONLY SAY THAT WHETHER THE LEVEL OF SERVICE STANDARD IN THE COMP PLAN IS THE IDEAL LEVEL OF SERVICE FOR THE COMMUNITY, IT MAY OR MAY NOT BE, BUT AS WRITTEN. I MEAN, THE CITY IS IN COMPLIANCE THROUGH BUILD-OUT, BOTH AT THE COMMUNITY LEVEL AND THE NEIGHBORHOOD LEVEL. OUR PROBLEM, AS I WAS DISCUSSING THIS A FEW MINUTES AGO, IS WE HAVE LAND AVAILABLE. WE JUST POLITICALLY CAN'T DEVELOP THEM. AND IF WE WERE ABLE TO DO THAT, WE WOULD BE WELL IN EXCESS OF WHAT'S NEEDED AND ABOVE YOUR COMPREHENSIVE PLAN EVEN FURTHER THAN WE ARE TODAY. MAYOR PARTYKA: OKAY. THANK YOU. COMMISSIONER MARTINEZ. MR. MARTINEZ: DO WE NEED A MOTION FOR THIS? MAYOR PARTYKA: YES. MOTION TO -- ~ 1 2 3 4 5 6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 15 MR. MARTINEZ: OKAY. I MAKE A MOTION TO ACCEPT THE PRESENTATION. MAYOR PARTYKA: OKAY. DO I HEAR A SECOND? MR. MILLER: SECONDED. MAYOR PARTYKA: ANY FURTHER DISCUSSION? CALL THE VOTE. THE CLERK: COMMISSIONER MILLER. MR. MILLER: AYE. THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: AYE. THE CLERK: COMMISSIONER MARTINEZ. MR. MARTINEZ: AYE. MAYOR PARTYKA: MOTION PASSES. STAFF, THANK YOU VERY MUCH. IT'S A NICE JOB. TOM: YOU'RE WELCOME. MAYOR PARTYKA: OKAY. WHAT I FAILED TO DO, AS HAS BEEN THE HABIT, IS ANYTIME THERE'S A RESOLUTION FOR EXPRESSING THE APPRECIATION FOR PEOPLE WORKING, WE READ THAT INTO THE RECORD, SO LET ME JUST READ THAT. (WHEREUPON, OTHER AGENDA ITEMS WERE CONDUCTED, BUT NOT STENOGRAPHICALLY REPORTED.) - MAYOR PARTYKA: OKAY. WE'RE MOVING ON TO SOMETHING THAT WE POOLED, AND IT'S OUT OF SEQUENCE, BUT WE ANNOUNCED THAT EARLIER. SO THE . . 24 . 25 16 1 ORDER IS WE ARE NOW GOING TO REGULAR AGENDA D. WE 2 WILL THEN DO REGULAR AGENDA F, AND THEN WE WILL DO 3 PUBLIC HEARING B, IN THAT ORDER. THEN WE'LL 4 FOLLOW THE PROGRAM AFTER THAT. 5 SO STARTING WITH THE FIRST ONE. 6 REGULAR D, CITY MANAGER. UPDATING THE 7 COMMISSION ON THE STATUS OF THE RELOCATION OF THE 8 CROSS SEMINOLE TRAIL IN THE TOWN CENTER, ,AND 9 OFFICE OF GREENWAY AND TRAILS $4,988,000 10 APPROPRIATION GRANT TO PURCHASE GREENS PACES IN THE 11 TOWN CENTER AND TO REQUEST DIRECTION. 12 CITY MANAGER. 13 MR. MCLEMORE: CHARLES, DO YOU WANT TO 14 PRESENT THIS, PLEASE? CHARLES HAS BEEN INTIMATELY 15 INVOLVED IN DEALING WITH THE AGENCY. . I HAVE NOT. 16 THAT'S THE REASON I'VE ASKED HIM TO PRESENT THIS, 17 AND I'LL MAKE SOME COMMENTS AS SOON AS HE GETS 18 THROUGH. 19 MAYOR PARTYKA: OKAY. 20 MR. MCLEMORE: DO YOU HAVE THE ITEM, 21 CHARLES? 22 MR. CARRINGTON: ITEM B? 23 MR. MCLEMORE: ITEM D, REGULAR AGENDA. MAYOR PARTYKA: ITEM D, REGULAR AGENDA. WE'RE ON THE -- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 17 MR. CARRINGTON: OH, I THOUGHT YOU WERE ON ITEM B. I'M SORRY. I HEARD -- THAT'S WHAT CONFUSED ME. MAYOR PARTYKA: OKAY. liD II AS IN DOG. MR. CARRINGTON: YOU'RE ON ITEM D, REGULAR AGENDA. ALL RIGHT. SORRY. MR. BLAKE: THAT'S THE ONE ABOUT OGT. MR. CARRINGTON: I'LL GET ORGANIZED IN A MINUTE. MAYOR PARTYKA: THAT'S ALL RIGHT. MR. CARRINGTON: ITEM D. THERE ARE TOO MANY AGENDA ITEMS. MR. MCLEMORE: HERE YOU GO, CHARLES. MR. CARRINGTON: I'VE GOT IT. I'VE GOT IT. OKAY. OKAY. I DIDN'T REALIZE THAT THE CITY MANAGER WAS GOING TO ASK ME TO SPEAK ON THIS. BUT I AM VERY FAMILIAR WITH IT AND I CAN EXPLAIN THE SITUATION IN DETAIL TO THE COMMISSION. THE CITY, IN OCTOBER OF 1998, RECEIVED APPROVAL FROM THE OFFICE OF GREENWAYS AND TRAILS FOR $4,988,000 OUT OF FUNDS THAT HAD BEEN ALLOCATED BY THE GOVERNOR AND CABINET FOR PRESERVATION 2000. IN HEARING OUR APPLICATION, ALONG WITH 25 OTHER APPLICATIONS, THEY RANKED THE CITY SIXTH OUT ~ . . 25 18 1 OF 25 APPLICATIONS. AT THAT TIME -- AND REMEMBER 2 THIS WAS OCTOBER OF 1998 -- THEY HAD $17 MILLION 3 TO SPEND TO ACQUIRE PARK SPACE AND GREENS PACE AND 4 OPEN SPACE THROUGHOUT THE STATE. 5 UNFORTUNATELY, WE'RE INTO THE YEAR 2000 -- OR 6 FORTUNATELY, WE'RE IN THE YEAR 2000. BUT DURING 7 THAT TIME SPAN, THEY HAVE SPENT ALL BUT $3 MILLION 8 OF THAT $17 MILLION. 9 WHEN THE OFFICE OF GREENWAYS AND TRAILS 10 COUNCIL APPROVED THE CITY OF WINTER SPRINGS' 11 APPLICATION FOR $4,988,000, THEY CONDITIONED IT ON 12 TWO THINGS: ONE, THE RELOCATION OF THE CROSS 13 SEMINOLE TRAIL, BECAUSE IT'S DIRECTLY TIED TO THE 14 LOCATION OF THESE PARCELS. AND THE WHOLE REASON 15 FOR THIS FUNDING IS TO ENHANCE THE CROSS SEMINOLE 16 TRAIL AND OTHER TRAILS THROUGHOUT THE STATE AND 17 THE FLORIDA NATIONAL SCENIC TRAIL. 18 THE OTHER CONDITION WAS THE APPROVAL OF THE 19 TOWN CENTER. OBVIOUSLY, THE REASON IT WAS TIED TO 20 THE TOWN CENTER IS BECAUSE THE RELOCATION AND THE 21 MANAGEMENT OF THE TRAILS AND THE POSITIONING OF 22 THE TRAILS WAS ALL TIED TO THE TOWN CENTER. 23 YOUR CITY MANAGER ASKED ME IN OCTOBER TO 24 EXPEDITE -- REALIZING THE FACT THAT THESE FUNDS WERE RAPIDLY BEING DIMINISHED AND WOULD BE SPENT . . 17 18 19 20 21 22 23 19 1 IF WE DIDN'T QUICKLY MOVE FORWARD. SO HE ASKED ME 2 TO GET INVOLVED, AND I MADE A COUPLE OF TRIPS TO 3 TALLAHASSEE. AS A MATTER OF FACT, I MADE THREE 4 TRIPS TO TALLAHASSEE. I MADE ONE TRIP UP TO MEET 5 WITH THE OFFICE OF GREENWAYS AND TRAILS AND DID 6 RECEIVE THE OFFICE OF GREENWAYS AND TRAILS' 7 APPROVAL. THIS IS ADMINISTRATIVE APPROVAL. 8 THE NEXT STEP WAS BEFORE THE BUREAU OF LAND 9 MANAGEMENT AT THE STATE LEVEL. I MADE THAT 10 PRESENTATION AT THE STATE LEVEL AND DID GET 11 APPROVAL OF THE BUREAU OF LAND MANAGEMENT. 12 THE THIRD STEP WAS TO GO BEFORE WHAT THEY 13 CALL THE LAMAC BOARD, WHICH IS THE LAND 14 ACQUISITION AND MANAGEMENT COUNCIL, AN APPOINTED 15 BODY. HAD THAT MEETING ON DECEMBER THE 9TH AND 16 RECEIVED APPROVAL. THAT WAS THE FINAL STEP, ADMINISTRATIVELY, BEFORE GOING TO THE GOVERNOR AND CABINET -- FOR FINAL APPROVAL BEFORE THE GOVERNOR AND CABINET FOR THE RELOCATION OF THE TRAIL. OBVIOUSLY, WHAT WE WERE ATTEMPTING TO DO AT THAT TIME WAS TO PUT BEHIND US ONE OF THE CONDITIONSj THE CONDITION THAT THE TRAIL BE RELOCATED. AND OF COURSE, THIS BODY IS DEALING 24 .WITH THE OTHER CONDITION, THAT OF THE APPROVAL OF . 25 THE TOWN CENTER. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 20 UNFORTUNATELY -- AND THIS IS SPELLED OUT IN THIS ITEM D THAT THE CITY MANAGER PREPARED -- THE PRESERVATION 2000 MONEY SUNSETS OR ENDS JUNE THE 1ST OF 2000. THAT'S ONLY A FEW MONTHS AWAY. AND ONCE THE PROGRAM ENDS, MONIES THAT HAVE NOT BEEN SPENT AT THAT TIME WILL GO BACK INTO THE GENERAL FUND. BUT THEY HAVE CREATED A NEW PROGRAM CALLED FLORIDA FOREVER, BUT IT HAS NOT BEEN FUNDED AT THIS POINT. IT WILL, HOPEFULLY, BE FUNDED BY THE LEGISLATURE, AND A WHOLE NEW GRANT PROGRAM WILL BE STARTED, PERHAPS, IN THE YEAR 2000 OR THE YEAR 2001, DEPENDING UPON WHEN IT'S FUNDED. AND OF COURSE, THE CITY CAN GO BACK AND REAPPLY AND COMPETE AGAIN FOR FUNDS AND, HOPEFULLY, IF THE TOWN CENTER MOVES FORWARD, AT THAT TIME ACQUIRE SPACE TO ENHANCE THE TRAIL AT SOME LATER DATE. THE WHOLE ATTEMPT WAS TO GET THE PROCESS BEHIND US SO THAT WE COULD USE THE FUNDS OUT OF THE PRESERVATION 2000. THE STATE REQUIRES A VERY DETAILED SURVEY. THEY HAVE A VERY EXPLICIT SET OF RULES OR SPECIFICATIONS THAT THE SURVEY TEAM MUST ABIDE BY, AND IT'S VERY COSTLY AND VERY INVOLVED. THE SAME THING WITH THE APPRAISAL. IT'S NOT JUST THE NORMAL APPRAISAL. IT'S A VERY DETAILED . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 21 APPRAISAL ACCORDING TO STATE GUIDELINES AND STANDARDS. I MET WITH SEVERAL APPRAISERS AND SEVERAL SURVEY PEOPLE. THE PROBLEM WITH MOST OF THE SURVEY PEOPLE AND THE APPRAISERS WAS THAT THEY WERE BOOKED AND COULD NOT MEET THE DEADLINES THAT WE HAD TO HAVE. UNFORTUNATELY, THE GOVERNOR AND CABINET REQUIRES AN EIGHT-WEEK REVIEW PERIOD FOR THE ADMINISTRATIVE AIDS BEFORE IT CAN BE PLACED ON THE AGENDA, WHICH TOOK ME BACK FROM THE MONTH OF MAY, AGAIN REALIZING THAT THE PROGRAM SUNSETS JUNE THE 1ST. IT WOULD MEAN THAT I WOULD HAVE TO HAVE THIS MATTER -- OR THE CITY WOULD HAVE TO HAVE THIS MATTER BEFORE THE GOVERNOR AND CABINET IN MAY. SO IF YOU WORK BACK FROM THE MEETING OF THE GOVERNOR AND CABINET THE FIRST WEEK IN MAY BACK TO MARCH, THERE'S NOT A LOT OF TIME LEFT TO DO THE SURVEY. IT WAS OUR EXPECTATION AND OUR HOPE TO START THE SURVEY IN EARLY OR LATE JANUARY -- I MEAN, MID OR LATE JANUARY SO THAT THE SURVEY PEOPLE AND THE APPRAISERS WOULD HAVE TIME TO COMPLETE THE WORK IN ORDER FOR US TO GET THE MATERIAL TO THE CABINET AIDS, SO THEY WOULD HAVE THEIR EIGHT-WEEK REVIEW, ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 22 AND THEN SCHEDULE IT FOR THE MEETING IN JUNE. I DO UNDERSTAND FROM THE STATE THAT ALTHOUGH THE MONEY SUNSETS, IF, IN FACT, THE CITY AGGRESSIVELY MOVES FORWARD, GETS THE APPRAISALS, GETS THE SURVEYS COMPLETE, GETS IT INTO THE GOVERNOR AND CABINET AND THIS IS NOT IN WRITING, BUT THIS IS MY UNDERSTANDING IN TALKING WITH OGT STAFF -- THAT AS LONG AS WE HAVE A COMMITMENT FROM THE SELLER, A CONTRACT IN WRITING, AND ALTHOUGH WE MAY NOT HAVE CLOSED ON THE PROPERTY AND, PERHAPS, WE DON'T HAVE ALL THE CONTINGENCIES RESOLVED, THEY COULD SET THE MONEY ASIDE AND IT WOULD NOT GO INTO THE GENERAL FUND. I CAN'T EXACTLY SPEAK TO HOW THAT PROCESS WOULD WORK. IDEALLY, WE WOULD WORK THROUGH THE PROCESS, HAVE EVERYTHING DONE, AND HAVE CLOSING PRIOR TO THE PROGRAM SUNSETTING JUNE THE 1ST. BUT IN A NUTSHELL, THAT'S THE SITUATION THAT WE'RE FACED WITH. UNFORTUNATELY, THE $4,988,000 IS NO LONGER AVAILABLE TO US. WE WOULD MERELY GET ENOUGH MONEY TO BUY ONE PARK, AND THAT WOULD BE HICKORY PARK. AND THIS IS WORD FROM THE OFFICE OF GREENWAYS AND TRAILS. BECAUSE THEY ONLY HAVE, AT THIS STAGE OF THE GAME, A LITTLE BIT OF MONEY , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 23 LEFT. SO WE WERE EAGERLY TRYING TO PURSUE THE ACQUISITION OF HICKORY PARK AND THAT CONNECTOR LINK TO TUSCAWILLA ROAD OR TO MAGNOLIA PARK, WHICH GIVES IT THE CONNECTIVITY TO THE CROSS SEMINOLE TRAIL, WHICH IS IMPERATIVE IN GETTING THE FUNDS UNDER THIS PROGRAM. BUT THAT'S THE SITUATION. AND WE'RE TO A DECISION POINT, WHETHER WE SHOULD PROCEED WITH THESE APPRAISALS. THE COST IS I ON PAGE 4 OF YOUR HANDOUT. FOR THE SURVEYS AND MAPPING FOR THE TRAIL ALONE, THE COST IS 27,000. FOR THE APPRAISAL, IT'S 7,625. AND UNFORTUNATELY, THE WETLAND DELINEATION THAT WAS PROVIDED TO US BY THE PROPERTY OWNER ON THE SCHRIMSHERS' PROPERTY EXPIRED DECEMBER THE 1ST OF LAST YEAR. SO THEY'RE TELLING -- THE STATE IS TELLING ME THAT THAT WETLAND DELINEATION HAS TO BE REESTABLISHED. I SPOKE WITH THE REPRESENTATIVES OF IVY, HARRIS & WALLS, AND THE ESTIMATE TO DO THAT WORK IS $10,500. SO TRAIL RELOCATION ALONE, THE COST IS $45,125. THEN YOU GET INTO THE SURVEY SERVICE AGAIN FOR HICKORY PARK, ACCORDING TO STATE STANDARDS, IS $9,000. THE APPRAISAL SERVICE IS 19,575. THEREFORE, A TOTAL ON THE HICKORY PARK OF . . . 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 $28,575. SO THAT'S 45,000 PLUS $28,000 IN ORDER TO HOPEFULLY -- NO GUARANTEES -- BUT HOPEFULLY, GET THE MONEY NECESSARY TO BUY HICKORY PARK. MR. MCLEMORE: THE QUESTION WE HAVE BEFORE THE COMMISSION IS: IS IT PRUDENT FOR US TO TRY TO SPEND THE 45,000 PLUS THE 28,000 WHEN THESE CONTINGENT FACTORS ARE NOT IN PLACE? THE CONTINGENT FACTOR ONE BEING A WETLAND DETERMINATION THAT WOULD, AS I UNDERSTAND IT, THEN ALLOW US TO GO IN TO SURVEY. I UNDERSTAND FROM THE SCHRIMSHER PROPERTIES THAT THEY ARE DILIGENTLY WORKING ON THAT AND POSSIBLY MAY GET A QUICK RESPONSE FROM THE COURT. BUT ALL THIS WOULD HAVE TO HAPPEN ALMOST BY TODAY JUST TO MEET THE TIME LINE THAT'S OUT THERE. SECONDLY, THE CONTINGENCY UPON THE TOWN CENTER CODE AND THE RELOCATION OF THE TRAIL, I THINK THERE'S SOME QUESTION AS TO WHETHER THAT HAS BEEN REPRESENTED CORRECTLY TO THE CITY BY OGT FROM THE SCHRIMSHERS' ATTORNEY AND OUR ATTORNEY. WE CAN ONLY TELL YOU WHAT THEY'VE TOLD US IN THE PAST. - WE HAVE -- THIS IS A VERY INVOLVED PROGRAM WITH THE STATE. THEY HAVE NEVER DONE A TRAIL REALIGNMENT BEFORE. THIS IS THE FIRST ONE IN THE . . 17 18 19 20 21 22 23 24 . 25 25 1 HISTORY OF THE STATE. THEIR RULES HAVE CHANGED 2 AND THEIR REPRESENTATIONS FROM THE STAFF HAVE 3 CHANGED AND THE STAFF HAS CHANGED. BUT WE KNOW 4 WHAT THEY HAVE TOLD US TO DATE. 5 BUT EVEN, AT BEST, HOW YOU WOULD HAVE THE 6 TOWN CENTER CODE -- TO GET THE TOWN CENTER CODE 7 ADOPTED AFTER TONIGHT -- I MEAN, IF WE WAIT 30 8 DAYS ON ADOPTION OF THE .CODE, THERE'S JUST NO WAY 9 YOU CAN MAKE THIS WINDOW. 10 SO IT SEEMS TO US THAT, PROBABLY, UNLESS YOU 11 COULD REACH AN AGREEMENT TONIGHT ON THE AGREEMENT 12 WITH THE SCHRIMSHERS, TO GET TO ADOPTION OF THE 13 CODE AND/OR RELOCATION OF THE TRAIL WHEN ONE OF 14 THE ISSUES THAT WE HAVE TO DEAL WITH WITH THE 15 SCHRIMSHERS IS THEIR DESIRE TO CHANGE THE CURRENT 16 RELOCATION THAT HAS ALREADY BEEN APPROVED BY ODT AND MAY NECESSITATE STARTING A NEW APPLICATION FROM THE BEGINNING. WE'VE BEEN THROUGH THAT APPLICATION PROCESS. I KNOW THE SCHRIMSHERS HAVE NOT BEEN THROUGH THAT APPLICATION PROCESS THE WAY WE HAVE. I APPRECIATE WHAT MAY OR MAY NOT HAVE BEEN REPRESENTED TO THEM, BUT THIS IS NOT AN EASY TASK TO GO THROUGH. SO ASSUMING EVERYBODY'S STILL TRYING TO REACH AN ACCORD AND THE SAME GOAL, IT JUST DOESN'T SEEM , . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 TO US THAT WE CAN MAKE THE TIME LINE AND THAT WE MAY BE FACED WITH A POSITION -- I SAY "MAY" AND I'M WILLING TO DISCOVER AND LOOK INTO ANY ADDITIONAL INFORMATION THAT I CAN BRING TO THE TABLE ABOUT THIS PROCESS OF HOW WE CAN GET THERE, YOU KNOW, BEFORE JUNE AND, CERTAINLY, HOW WE CAN GET BEFORE THE GOVERNOR AND CABINET. BECAUSE NOTHING MEANS. ANYTHING HERE UNTIL THE GOVERNOR AND CABINET APPROVES IT. SO WE'RE FACING SOME REAL CHALLENGES. WE JUST WANT TO TRY TO MAKE YOU AWARE OF IT AS BEST WE UNDERSTAND. I WOULD NOT ADVISE THE CITY TO GO FORWARD WITH TRYING TO SPEND ALMOST $70,000 HERE ON SOMETHING THAT, AT THIS POINT IN TIME, IS AT LEAST, OR AT BEST, CHALLENGED. THE ONLY WAY WE POSSIBLY, IN MY OPINION, COULD HAVE DONE THAT WAS IF WE COULD HAVE COME TO SOME ACCORD WITH THE AGREEMENT TONIGHT AND REMOVE THE QUESTION OF THE ADOPTION OF THE CODE. AND IT IS THE ONLY WAY WE COULD SEE ANY POSSIBILITY OF DOING THAT. NOW, AGAIN, WE'RE OPEN TO LEARNING AND OPEN - TO ANYTHING THAT WE'VE LEARNED. WE'VE TRIED TO GET AS MUCH AS WE CAN FROM ODT IN WRITING, BECAUSE IT SEEMS WE GET SOMETHING DIFFERENT EVERY TIME A ~ . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - --. ~ 23 24 25 27 NEW PERSON'S ASSIGNED TO THIS PROJECT. BUT, AGAIN, RECOGNIZING THEIR POINT OF VIEW, THIS IS A VERY EVOLUTIONARY PROCESS FOR THEM, ALSO. BUT, IN THE END, THE QUESTION IS: HOW DO WE GET TO THE GOVERNOR AND CABINET WITH OUR PROJECT THAT HAS GONE THROUGH THE REVIEW OF THE ODT STAFF TO THE OTHER COMMITTEE THAT HAS TO LOOK AT IT, AND ALL THOSE STEPS THAT NEEDS TO BE HERE TO BE WORKABLE? SO WE'D LIKE TO HOLD THIS ITEM IN ABEYANCE UNTIL WE GET TO THE ISSUES DISCUSSION AND THEN DOWN TO THE CODE. BUT I THINK THAT'S ABOUT WHERE WE ARE TODAY. MAYOR PARTYKA: YOU MADE ONE COMMENT. I JUST WANT TO CLARIFY THAT. YOU SAID, SO FAR YOU'RE FEELING IS BOTH PARTIES ARE STILL AT THE SAME COMMON GOALS AND STILL WORKING THROUGH THAT. YOU FEEL GOOD WITH EVERYTHING? MR. MCLEMORE: WELL, I THINK THAT WE'RE STILL TRYING TO REACH AN AGREEMENT. I DON'T THINK ANY OF US WANTS TO GO SPEND MONEY OR WASTE MONEY ON COURT IF WE DON'T COME TO AGREEMENT. IT JUST DON'T SEEM LIKE WE'RE GOING TO GET THERE IN TIME TO ALLOW US TO SAVE THE BALANCE OF MONIES THAT ARE , . . 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LEFT, THAT WERE DEDICATED TO WETLANDS -- EXCUSE ME TO HICKORY PARK. AGAIN, THAT DOESN'T MEAN WE CAN'T REAPPLY NEXT YEAR, AND WE WILL. BUT WE SIT THERE AND WATCH THE MONIES DWINDLE AWAY WHILE WE ARGUE OVER THIS LAND. THAT'S NOT TO SAY THESE ISSUES ARE NOT REAL, BECAUSE THEY ARE. MAYOR PARTYKA: OKAY. COMMISSIONER MILLER, COMMISSIONER MARTINEZ, AND THEN COMMISSIONER BLAKE. MR. MILLER: THERE WAS A REDRAWING OF THE WETLANDS LAST YEAR BASED ON A NEW SURVEY THAT THE SCHRIMSHER GROUP BROUGHT FORWARD. IS THAT THE DOCUMENT YOU'RE REFERRING TO THAT EXPIRED ON 31 DECEMBER? MR. MCLEMORE: THAT WAS THE PREVIOUS COURT DETERMINATION THAT THE SCHRIMSHER PEOPLE HAD DONE THEMSELVES. IT HAS EXPIRED IN DECEMBER. MR. MILLER: WE DID THE ORIGINAL TOWN CENTER PLAN BASED ON AN INDIVIDUAL WHO WAS RETAINED BY THE CITY, I THINK, TO GO IN THERE AND -- WELL, I DON'T KNOW WHO. ACTUALLY, SOMEBODY WENT IN AND LOOKED AT THE WETLANDS, DRAFTED A LAYOUT TO PROTECT THAT WETLAND AREA, AND, AS WE UNDERSTOOD IT, LOOKED AT SOME POINT IN THE PASTj IS THAT . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 29 CORRECT, WHEN WE DID THE ORIGINAL WORK IN 1988? MR. MCLEMORE: YES. MR. CARRINGTON: IN FEBRUARY/MARCH OF 1988, WHEN YOU FIRST CONTRACTED WITH DOVER, COLE & ASSOCIATES, THE INFORMATION -- MAYOR PARTYKA: I BELIEVE THAT WAS IN 1998, NOT '88. MR. CARRINGTON: DID I SAY '88? I'M SORRY. '98. FORGIVE ME. IN '98, WHEN YOU FIRST CONTRACTED WITH DOVER, COLE & ASSOCIATES. AND ON MARCH THE 23RD OF THAT MONTH, MARCH 23 OF 1998, THEY BROUGHT FORTH THE FINAL PLAN AFTER THE CHARRETTES AND THE TWO PUBLIC MEETINGS THAT WORK IN PROGRESS, YOU REMEMBER, AND SO FORTH IN THIS COUNCIL CHAMBER. AND THE CITY COMMIS~ION APPROVED, IN CONCEPT, THIS ILLUSTRATED PLAN THAT'S BEFORE YOU THERE, THE SKETCH PLAN. AND AT THE TIME THAT THIS WAS DONE, AS I UNDERSTAND IT AND AS I REMEMBER IT, MICHAEL DESIGN & ASSOCIATES, ONE OF THE THREE CONSULTANTS INVOLVEDj ACTUALLY TOOK A TEAM OF PEOPLE AND WALKED THE WETLAND PARK TO DELINEATE THE LOCATION OF THE WETLANDS, BECAUSE WE DID NOT HAVE THE CORPS OF ENGINEERS' DELINEATION. THAT DELINEATION WAS PROVIDED TO THE CITY AND , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . , 30 TO THE CONSULTANTS IN NOVEMBER OF THIS YEAR, WHICH RESULTED IN THE CHANGE IN THE CONFIGURATION OF THE WETLANDS. AND IT IS THAT CHANGE AND THAT DELINEATION THAT MR. MILLER: IT WAS THE SCHRIMSHER -- WAS IT SCHRIMSHERS WHO INTRODUCED THIS INFORMATION, OR WAS IT THE CORPS OF ENGINEERS? WHO INTRODUCED THE INFORMATION THAT EXPIRED, AGAIN, ON DECEMBER 31ST? MR. CARRINGTON: THE SCHRIMSHER PROPERTIES INTRODUCED IT TO THE CITY IN OCTOBER OR NOVEMBER OF LAST YEAR. MR. MILLER: AND IT EXPIRED THREE MONTHS LATER. MR. CARRINGTON: THE CITY HIRED DOVER, COLE & ASSOCIATES, THEN, TO GET INVOLVED AT THE REQUEST OF THE SCHRIMSHERS, WORK WITH THE SCHRIMSHERS, AND REPLAN THIS AREA ON THE SCHRIMSHER PROPERTY TO REFLECT THE CORPS OF ENGINEERS' DELINEATION OF THE, WETLANDS AROUND WETLAND PARK. AND YOU CAN SEE, IF YOU LOOK, THIS IS THE LATEST VERSION. YOU CAN SEE THE CONFIGURATION. YOU SEE THAT THE TRAIL ALONG HERE DOES NOT ACTUALLY HAVE TO BE RELOCATED BECAUSE OF THE THING. THIS WAS THE DELINEATION THAT WAS MADE BY MICHAEL DESIGN ASSOCIATES, FORREST MICHAELS AND ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 31 HIS TEAM, BACK IN MARCH OF '98 WHEN THEY DID THE CHARRETTES -- OR FEBRUARY AND MARCH OF '98. SO THERE IS A SUBSTANTIAL DIFFERENCE. THE WHOLE PLAN HAS BEEN REVISED. AND BASED ON THIS NEW CONFIGURATION, NEW ILLUSTRATIONS WERE PLACED IN THE CODE TO REFLECT THOSE CHANGES, AND IT'S READY FOR YOUR ADOPTION TONIGHT WITH THE NEW CONFIGURATION. BUT KEEP IN MIND, IT DID EXPIRE DECEMBER THE 1ST. IT'S NOT A SECRET. EVERYONE KNOWS THAT. IT NEEDS TO BE REESTABLISHED ACCORDING TO IVY, HARRIS & WALL. IT'S NOT A MAJOR ISSUE. I THINK THE CONTRACT PRICE THEY GAVE US WAS $10,000. I'D HAVE TO GO BACK AND LOOK, BUT THAT'S MY MEMORY. THEY DID TALK TO THE CORPS OF ENGINEERS. IT'S NOT A MAJOR OR AN INVOLVED PROCESS. IT CAN BE DONE AT THE SAME TIME THAT THE SURVEY PEOPLE AND THE APPRAISERS ARE DOING THEIR WORK, BUT IT DOES HAVE TO BE REESTABLISHED IN ORDER FOR THE STATE TO ACCEPT IT. MR. MILLER: AND WE HAD THE LAYOUT OF ALL THE STREETS AND THE DESIGNATED USE OF THE DIFFERENT AREAS READJUSTED TO FIT THE LAYOUT, WHICH IS NOW EXPIRED, CORRECT, WHICH YOU SAY CAN BE REESTABLISHED. BUT IT HAS TO BE RESURVEYED BY A 32 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PRIVATE GROUP, OR DOES IT HAVE TO BE REESTABLISHED BY THE CORPS OF ENGINEERS? MR. CARRINGTON: WELL, IT WILL BE DONE BY A PRIVATE GROUP AND THEN APPROVED, AS I UNDERSTAND IT, BY THE CORPS OF ENGINEERS. THERE'S A PROCESS. MR. MILLER: THAT, YOU BELIEVE, CAN BE DONE IN A SHORT PERIOD OF TIME? MR. CARRINGTON: THAT'S WHAT I'M LED TO BELIEVE BY IVY, HARRIS & WALLS. MR. MILLER: THREE MONTHS? SIX MONTHS? MR. CARRINGTON: OH, MUCH LESS THAN THAT. NO. AT THE TIME THAT WE STARTED PUTTING THE PROPOSALS TOGETHER WITH IVY, HARRIS AND THE OTHER TWO CONSULTANTS, TINKER PAUL AND THE APPRAISER, WE HAD HOPED TO START WORK,' AS I SAID, IN LATE JANUARY, EARLY FEBRUARY. AND THEY PROMISED TO HAVE -- THE CONTRACT STATED THEY WOULD HAVE THE WORK DONE BY MID-MARCH, WHICH WOULD HAVE GIVEN US PLENTY OF TIME TO GET THROUGH THE PROCESS AT THE STATE. BUT NOW WE'RE INTO FEBRUARY THE 14TH AND THE CLOCK'S STILL TICKING. THEY CALLED ME ALMOST EVERY DAY ASKING IF THEY CAN START WORK AND, OF COURSE, I'VE HELD THEM BACK FOR OBVIOUS REASONS. MR. MILLER: THANK YOU. I UNDERSTAND YOUR . . . . . 33 1 RECOMMENDATION AND THE STAFF'S RECOMMENDATION IS 2 THAT NO FURTHER ACTION BE TAKEN UNTIL SUCH TIME 3 THAT, FIRST, THE TOWN CENTER CODE IS LAW, AND 4 SECOND, THE SCHRIMSHER PROPERTY'S COMPLETED THE 5 UPDATE OF THE WETLAND DETERMINATION. 6 I GUESS THE LOGICAL QUESTION I HAVE TO ASK AT 7 THIS POINT IS: SINCE WE'VE BEEN NICKEL AND -- NOT 8 NICKEL AND DIME -- BUT SINCE WE'VE BEEN 9 CONTINUOUSLY RESTRICTED TO A SMALLER, SMALLER 10 AMOUNT AS ALL THESE MONIES HAVE DWINDLED AWAY TO 11 OTHER PEOPLE'S PROGRAMS, WE'RE NOW AT THE 11TH 12 HOUR AND 59TH MINUTE. I HAVE A HARD TIME 13 UNDERSTANDING WHY HICKORY PARK IS TIED WITH THIS 14 WETLANDS DETERMINATION. 15 WHEN I LOOK AT THE MAP, I BELIEVE IT'S IN AN 16 AREA THAT'S NEVER BEEN CONTESTED AS BEING NOT 17 WETLANDS. IN OTHER WORDS, THE SCHRIMSHERS' 18 PROPERTY IS OVER HERE ON THE RIGHT-HAND SIDE OF 19 TUSCAWILLA ROAD, AND THE PARK THAT WE'RE TALKING 20 ABOUT IS SEVERAL HUNDRED YARDS TO THE LEFT OF THE 21 ROAD. AND I HAVE NEVER HEARD THAT THAT WAS AN 22 AREA THAT WAS EVER CONSIDERED TO BE A WETLANDS. 23 SO WHY ARE WE NOT DEALING WITH ONLY ONE 24 ISSUE, WHICH MAY BE THE TRAIL RELOCATION OR 25 MR. MCLEMORE: BECAUSE IT'S RELOCATION . . . 34 1 (INAUDIBLE) . 2 MAYOR PARTYKA: OKAY. LET'S ANSWER THE 3 QUESTION LOUDLY SO EVERYBODY CAN UNDERSTAND. 4 IT'S VERY CLEAR IF YOU MR. CARRINGTON: 5 REALIZE THAT, AGAIN, THE TRAIL RELOCATION MUST GO 6 TO THE GOVERNOR AND CABINET FOR FINAL APPROVAL. 7 THESE ARE LANDS THAT BELONG TO THE PRESERVATION 8 2000 COUNCIL. THEY BELONG -- THAT COUNCIL HAS 9 BEEN SET ASIDE -- THEY OWN AND MANAGE THOSE AND, 10 OF COURSE, HAVE GIVEN A CONTRACT TO SEMINOLE 11 COUNTY TO MANAGE THOSE IN SEMINOLE COUNTY. BUT 12 THEY'RE RUN THROUGHOUT THE STATE. 13 IF YOU LOOK AT THIS MAP AND YOU LOOK AT THE 14 LOCATION OF THE TRAIL -- AND REMEMBER, AS WE 15 TALKED ABOUT IT, WE HAD TO MEANDER THE TRAIL ALONG 16 HERE IN A WHOLE NEW LOCATION TO -- THAT WAS THE 17 FIRST SUBMITTAL, THE ORIGINAL SUBMITTAL TO THE 18 STATE. 19 BUT THEN WHEN WE CHANGED THIS IN NOVEMBER AND 20 BROUGHT THIS -- OR IN DECEMBER AND BROUGHT THIS 21 NEW CONFIGURATION, THE ACTUAL TRAIL RELOCATION 22 HERE, THE OLD ALIGNMENT, THE CSX RAILROAD IS, IN 23 FACT, THE BOUNDARY. THAT DOESN'T CHANGE. SO WE 24 DON'T HAVE TO RELOCATE THIS PORTION. 25 MR. BLAKE: POINT OF ORDER. 35 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 O. 21 22 - --. - 23 24 25 . . MAYOR PARTYKA: POINT OF ORDER. MR. BLAKE: CLARIFICATION. THE QUESTION THE COMMISSIONER ASKED IS DUE TO ABOUT HICKORY PARK~ HE NEEDS TO UNDERSTAND THAT THE GRANT MONEY FOR HICKORY PARK IS CONTINGENT UPON THE APPROVAL OF THE FINALIZATION OF THE RELOCAT'ION OF THE TRAIL WHICH CANNOT BE DONE UNTIL THESE OTHER THINGS THE APPRAISAL, THE SURVEY, AND THE WETLANDS DETERMINATION -- ARE COMPLETED. THAT'S THE ANSWER TO HIS QUESTION. MR. CARRINGTON: WELL, ALSO, LET ME ADD, IF I MAY, IT'S ALSO CONTINGENT ON THE FACT THAT THE PROPERTY THAT PRESERVATION 2000 BUYS IS FOR THE ENHANCEMENT OF THE TRAIL. IT HAS TO BE DIRECTLY TIED TO THE TRAIL. THAT'S WHY WE HAVE THIS LONG LINK THAT COMES DOWN FROM HICKORY PARK, DOWN ALONG THIS ROAD, TYING TO MAGNOLIA PARK. SO THE KEY THERE THAT YOU WERE ASKING FOR IS LINKAGE. IT MUST HAVE LINKAGE TO THE TRAIL. AN ISOLATED PARCEL OF LAND OUT IN THE MIDDLE HERE HAS NO VALUE TO THE TRAIL. THEY HAD TO HAVE LINKAGE. THAT WAS PART OF THE PRESENTATION TO THE OFFICE OF GREENWAYS AND TRAILS. HOW IS IT LINKED TO THE TRAIL? HOW DOES IT BENEFIT THE TRAIL? MR. MILLER: THANK YOU. It . . 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR PARTYKA: DOES THAT SATISFY YOU? COMMISSIONER MARTINEZ. MR. MARTINEZ: MR. MANAGER, AS I UNDERSTAND IT, YOU'RE RECOMMENDING WE DO NOT GO FORWARD WITH THIS TONIGHT? MR. MCLEMORE: WELL, I'M RECOMMENDING TO YOU THAT I SEE NO HOPE FOR US MEETING A CONTINGENT TO GET TO THE GOVERNOR AND CABINET. IF INDEED, THE ADOPTION OF THE CODE AND APPROVAL OF THE RELOCATION OF THE TRAIL IS ALL NECESSARY TO GET THIS GRANT, I SEE NO WAY OF GETTING THERE IN THIS YEAR. SIMPLY JUST WORKING AT THE APPROVAL DATE AND WORKING BACKWARDS, I DON'T KNOW HOW YOU GET IT DONE. MR. MARTINEZ: WELL, HOW LONG DO YOU FEEL WE'RE GOING TO CONTINUE ON THIS ROAD TO NOWHERE? MR. MCLEMORE: WELL, I DON'T KNOW HOW LONG IT'S GOING TO TAKE US TO FINALLY COME TO SOME AGREEMENT OR SAY WE CAN'T COME TO SOME AGREEMENT, YOU KNOW, WITH THE SCHRIMSHERS. THAT'S THE REASON WE WANTED TO TALK ABOUT THIS FIRST AND TALK ABOUT THE ISSUES THAT ARE YET OUTSTANDING, WITH THE AGREEMENT NEXT, BEFORE YOU ADDRESS THE ISSUE OF ADOPTION OF THE CODE. MR. MARTINEZ: WE'RE ALMOST TWO YEARS NOW. . . . 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WE HAVE BEEN SORT OF MAKING EVERY EFFORT TO SATISFY THE SCHRIMSHER PEOPLE IN THEIR REQUESTS FOR AN AGREEMENT FOR DISCUSSION AND SO ON AND SO FORTH. AM I CORRECT OR AM I WRONG? MR. MCLEMORE: WELL, WE'VE CERTAINLY GONE A LONG WAY TO TRY TO ACCOMMODATE THEM. I WOULDN'T SAY WE'VE DONE EVERYTHING, I MEAN, WITH OUR NEGOTIATIONS, AND IT'S -~ MR. MARTINEZ: I'M NOT SAYING THAT. MR. MCLEMORE: -- VERY SPIRITED. MR. MARTINEZ: I'M SAYING THAT WE HAVE MADE THIS EFFORT. AND THIS HAS BEEN POSTPONED ABOUT SIX TIMES NOW? MR. MCLEMORE: THAT'S RIGHT. MR. MARTINEZ: WELL, HOW LONG ARE WE GOING TO CONTINUE ON THIS ROAD? I MEAN, WHY IS IT THAT IF WE STAND TO LOSE MILLIONS OF DOLLARS AT THIS TIME, WE DO NOT APPROVE THIS CODE AND GO FORWARD? AND IF THEY CHOOSE TO GO TO COURT, THEY CAN GO TO COURT. I THINK THERE HAS TO BE A TIME WHEN WE, AS THE CITY, HAVE TO TAKE A STAND. AND WHEN SOME DEVELOPER COMES UP HERE AND SAYS, WELL, I'M GOING TO TAKE YOU TO COURT, EVERYBODY HIDES UNDER THE DESK IN THE FORUM HERE AND THEY SAY, OKAY, WE GIVE . . . 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN. WE'RE YOURS. I THINK THERE HAS TO COME A TIME WHEN WE HAVE TO MAKE A DECISION AND WE HAVE TO SAY, LET'S GO FORWARD WITH THE VISION OF THIS CITY FOR THIS PROJECT AND LET'S DO WHATEVER HAS TO BE DONE AND LET THE CHIPS FALL WHERE THEY MAY. MR. MCLEMORE: WELL, I THINK THE SCHRIMSHERS AND THEIR REPRESENTATIVES CAN SPEAK FOR THEMSELVES. THEY .REPRESENT TO ME THAT AS IT RELATES TO TRYING TO KEEP INTACT THE GRANT WITHIN THIS YEAR, IF A LITIGATION IS FILED AGAINST US, WE'RE NOT GOING TO MAKE THAT DEADLINE ANYHOW. SO, YOU KNOW, IT'S A JUDGMENT CALL, I THINK, AT THAT POINT IN TIME, AS TO WHERE YOU FEEL LIKE WE'RE AT AN IMPASSE AND WE JUST CAN'T GO ANY FURTHER. AND WHEN BOTH PARTIES DECLARE AN IMPASSE ON THE AGREEMENT, THEN WE HAVE TO DO WHAT WE'RE GOING TO DO, AND THEY HAVE TO DO WHAT THEY'RE GOING TO DO. MR. MARTINEZ: BUT HAVE YOU DILIGENTLY BEEN PURSUING THIS MATTER WITH THE SCHRIMSHERS SINCE SIX MONTHS AGO WHEN WE DECIDED TO DISCUSS AND DISCUSS AND DISCUSS IN AN EFFORT TO REACH AN AGREEMENT? AND THEY WOULD COME BACK HERE, AS THEY DID THE LAST TIME, AND SAID THAT YOU HAD NOT BEEN . . 25 . 39 1 AS AGGRESSIVE AS YOU SHOULD HAVE, ET CETERA, ET 2 CETERA. AND YOU'RE SAYING, YES, WE HAVE BEEN. 3 THEY SAY, NO, YOU HAVE NOT. 4 THEN YOU REACH A STAGE WHERE YOU ALMOST COME 5 TO AN AGREEMENT, AND THE NEXT THING YOU KNOW, THEY 6 COME UP WITH ANOTHER CURVE BALL. 7 I MEAN, HOW LONG ARE WE GOING TO CONTINUE ON 8 THIS ROAD? 9 MR. MCLEMORE: I DON'T KNOW. I THINK WE'RE 10 PREPARED TO SET OUT FOR YOU TONIGHT THE ISSUES AS 11 WE UNDERSTAND THEM THAT ARE YET -- YOU KNOW, THAT 12 ARE OUTSTANDING TO SEE IF WE CAN COME TO SOME 13 ACCOMMODATION OF THOSE. IF WE CAN'T, THEN AS I 14 STATED IN THE AGENDA F, THE OPTIONS ARE: SEND US 15 BACK TO NEGOTIATE SOME MOREj NUMBER TWO, ADOPT 16 YOUR CODEj OR, NUMBER THREE, GIVE UP. 17 SO THAT'S THE DECISION THE COMMISSION IS 18 GOING TO NEED TO MAKE. I THINK BEFORE YOU GET 19 THERE, WE NEED TO TALK ABOUT WHAT THE OUTSTANDING 20 ISSUES ARE AND SEE IF THERE'S SOME HOPE FOR 21 GETTING THERE. I DON'T KNOW WHAT ELSE TO 22 RECOMMEND TO YOU AT THIS POINT IN TIME. 23 MR. MARTINEZ: ALL RIGHT. THANK YOU. 24 MAYOR PARTYKA: THANK YOU, COMMISSIONER. COMMISSIONER BLAKE. " , . . 40 1 MR. BLAKE: THANK YOU, MAYOR. THE FIRST 2 QUESTION THAT I WOULD HAVE IS: WHY DID WE NOT GET 3 THE APPRAISAL AND THE SURVEY TAKEN CARE OF SOME 4 TIME AGO? 5 MR. MCLEMORE: WELL, WE WERE TRYING TO DEAL 6 WITH THE CRITERIA SET BY OGT. THAT'S WHAT WE HAVE 7 TO LIVE WITH, IS THE CRITERIA THEY GIVE US. 8 MR. BLAKE: IS THE APPRAISAL AND THE SURVEY A 9 NEW CRITERIA? 10 FROM WHAT I UNDERSTOOD, ALL THE WAY BACK TO 11 '98, THOSE WERE PART OF THE REQUIREMENTS THAT WE 12 HAD TO MEET. AND AS FAR AS I ALSO KNEW, NOT QUITE 13 BACK THAT FAR, BUT CERTAINLY EARLIER IN '99, WE 14 WERE AWARE OF THE WETLAND SURVEY THAT THE 15 SCHRIMSHERS HAD. WE WERE ALSO AWARE OF THE 16 EXPIRATION DATE OF THAT. 17 MY QUESTION IS: WHY DID WE ALLOW THE WETLAND 18 SURVEY TO EXPIRE PRIOR TO GETTING -- WHAT I MEAN 19 IS, WE KNEW IT WAS GOING TO EXPIRE, YET WE DIDN'T 20 TAKE ACTION THAT REQUIRED THAT BE INTACT PRIOR TO 21 EXPIRING, SUCH AS THE APPRAISAL AND, SPECIFICALLY, 22 THE SURVEY IN MAKING THOSE APPLICATIONS -- OR 23 FORWARDING THOSE PORTIONS OF THE APPLICATIONS TO 24 THE STATE. 25 MR. MCLEMORE: AS WE UNDERSTAND, THEIR . ~ . . 41 1 DIRECTION IS THEY DIDN'T WANT THE APPRAISALS 2 DONE. THEY DID NOT DESIRE THE SURVEYS TO BE 3 STARTED UNTIL SUCH TIME AS THE WETLAND DELINEATION 4 WAS FINALIZED. 5 MR. BLAKE: WELL, WASN'T THE WETLAND 6 DELINEATION FINALIZED UP UNTIL DECEMBER 1ST WHEN 7 THE WETLAND DELINEATION OR THE ARMY CORPS OF 8 ENGINEERS EXPIRED? 9 MR. MCLEMORE: NO. NO. THEY WANT TO KNOW 10 WHAT THE NEW WETLAND LINE IS GOING TO BE. 11 THAT'S -- 12 MR. BLAKE: I'M CONFUSED. WHAT IS THE 13 PURPOSE OF HAVING THIS LANGUAGE IN HERE ABOUT THE 14 WETLAND SURVEY THAT WE HAVE EXPIRING DECEMBER 15 1ST? WHY IS THAT AN IMPORTANT PIECE OF 16 INFORMATION FOR US IF NOW YOU'RE TELLING ME, ALL 17 THE WAY FROM THE BEGINNING, WE NEEDED TO HAVE A 18 NEW WETLAND DELINEATION SURVEY DONE? 19 MR. MCLEMORE: DO YOU RECALL WHEN YOU 20 APPROVED THE FUNDS FOR GOING BACK AND TAKING THE 21 CORE OF INFORMATION? 22 MR. BLAKE: YES, I DO. 23 MR. MCLEMORE: WE TOLD YOU AT THAT POINT IN 24 TIME THAT THIS WOULD HAVE TO BE REVIEWED IN 25 DECEMBER AND IT MAY RESULT IN SOME CHANGING OF THE ~ . . 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LINES. MR. BLAKE: YES, I DO. MR. MCLEMORE: OKAY. UNTIL WE KNOW WHAT THOSE CHANGING OF THE LINES ARE, BASED ON OUR QUESTIONING OF OGT -- MR. BLAKE: THE LINES THAT WERE TO BE CHANGED, AS IT WAS EXPLAINED TO ME, WERE THE LINES ON THE PREVIOUS -- THE FIRST TOWN CENTER DRAWING THAT HE HAD UP THERE, WHICH UTILIZED THE SURVEY OF THE (INAUDIBLE) FROM THE AIR, FROM FORREST MICHAELS' WALK THROUGH THE WOODS IN TRYING TO DETERMINE THE WETLANDS. IT'S MY UNDERSTANDING THAT WE KNEW THAT THERE WAS, INDEED, A CORPS OF ENGINEERS SURVEY THAT EXISTED THAT THE SCHRIMSHERS HAD AND THAT WE KNEW THAT IT EXPIRED ON DECEMBER 1ST AND THAT HAD WE ACTED PRIOR TO THEN FOR THESE OTHER ITEMS THAT THE STATE WOULD NEED IN ORDER TO SEND THIS FORWARD TO THE CABINET AND GOVERNOR, THEN WE WOULDN'T BE IN THE POSITION WE'RE IN RIGHT NOW. IS THAT CORRECT OR NOT? MR. MCLEMORE: I DON'T THINK THAT'S CORRECT. - MR. CARRINGTON: NO, IT'S NOT CORRECT. MR. BLAKE: WHAT'S WRONG WITH THAT? MR. MCLEMORE: WE DISCUSSED WITH OGT THE ~ . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - --.- 23 24 25 43 ISSUE OF THE WETLANDS AND THE FACT THAT IT WOULD EXPIRE AND YOU CAN CORRECT ME -- THAT IT WOULD EXPIRE IN DECEMBER. THEY WANT AN UP-TO-DATE CORPS JURISDICTIONAL LINE BEFORE THEY WILL APPROVE THIS BY THE GOVERNOR AND CABINET. MR. BLAKE: SO THAT SURVEY WAS NEVER ANY GOOD TO THEM. MR. MCLEMORE: IT WAS GOOD TO US IN GOING BACK. MR. BLAKE: THAT'S NOT MY QUESTION. MY QUESTION WAS: WAS THAT SURVEY NEVER ACCEPTABLE TO THEM, THE ONE THAT EXPIRED DECEMBER 1ST? MR. MCLEMORE: NO, IT WAS NOT. MR. BLAKE: SO WHY IS THAT A PERTINENT PIECE OF INFORMATION TO WHAT WE'RE DOING HERE? WHY IS IT GERMANE TO THE ARGUMENT IF IT NEVER WAS WORTHWHILE? WHY ARE WE WAITING UNTIL THIS POINT IN TIME, WHEN IT'S THE 11TH HOUR AND, LIKE THE COMMISSIONER SAID, 59 MINUTESj WHEREAS, NOW WE DON'T HAVE THE TIME TO DO ALL THE LEGWORK HERE? WE COULD HAVE HAD THIS DONE SIX MONTHS AGO AND BEEN READY TO GO FORWARD TO THE CABINET WITH THE ANTICIPATION THAT WE'RE GOING TO FINALIZE THIS TOWN CENTER ORDINANCE MONTHS AGO. MR. MCLEMORE: LET ME TRY AGAIN. THE . . . 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DIRECTION WE HAVE FROM THE STATE WAS, WE DON'T WANT THE SURVEY TO GO FORWARD AND WE DON'T WANT THE APPRAISAL TO GO FORWARD UNTIL THE CORPS JURISDICTION LINE IS REESTABLISHED. MR. BLAKE: OKAY. STOP. STOP RIGHT THERE FOR A MOMENT. OF ENGINEERS? MR. MCLEMORE: CORRECT. MR. BLAKE: JURISDICTION LINE? MR. MCLEMORE: RIGHT. MR. BLAKE: WHICH WAS THE SURVEY THAT THE 11 THE CORPS II MEANING THE ARMY CORPS SCHRIMSHER ORGANIZATION HAD HAD THAT EXPIRED. THESE THINGS ONLY LAST FOR A CERTAIN PERIOD OF TIME. MR. MCLEMORE: FIVE YEARS. MR. BLAKE: AND THAT SURVEY WAS FIVE YEARS OLD AND, THUS, EXPIRED DECEMBER 1, 1999 -- MR. MCLEMORE: CORRECT. MR. BLAKE: -- WHICH MEANS DECEMBER 1ST, 1999. AND PRIOR TO THAT PERIOD, GOING BACK FIVE YEARS, THERE WAS A VALID CORPS JURISDICTIONAL LINE ESTABLISHED. MR. MCLEMORE: THERE WAS A LINE. MR. BLAKE: THERE WAS A CORPS JURISDICTIONAL LINE THAT WAS ESTABLISHED. , . . \ 45 1 MR. MCLEMORE: THAT'S CORRECT. 2 MR. BLAKE: AND WE KNEW ABOUT THE EXISTENCE 3 OF THAT SURVEY AND WE HAVE BEEN INFORMED 4 PREVIOUSLY -- I KNEW EARLY '99 THAT THAT SURVEY 5 EXPIRED AT THE END OF THE YEAR. I DIDN'T KNOW IT 6 WAS DECEMBER 1ST, BUT IT WAS THE END OF THE YEAR. 7 WHICH MEANS THAT IF WE KNEW THAT THESE OTHER 8 ITEMS: THE SURVEY, THE APPRAISAL, ET CETERA, HAD 9 TO BE BASED ON THAT CORPS JURISDICTIONAL LINE 10 SURVEY AND THAT IT WAS EXPIRING, WHY DIDN'T WE 11 TAKE CARE OF THOSE ITEMS EARLIER ON SO WE HAD 12 THOSE IN HAND TO FORWARD TO THE STATE AS SOON AS 13 WE GOT THESE OTHER DOCUMENTS TAKEN CARE OF, 14 TO WIT, THE TOWN CENTER ORDINANCE, WHICH WE 15 EXPECTED TO PASS SOME SIX MONTHS AGO, IN FACT, 16 ALMOST A YEAR AGO INITIALLY, IN PREPARATION OF 17 DOING THAT TO BE CERTAIN THAT WE WOULD BE ABLE TO 18 GARNER AS MANY AS OF THESE DOLLARS THAT WE FOUGHT 19 FOR AND WON RIGHT UP FRONT? 20 NOW WE'RE BACK-PEDDLING WHERE IT'S THE 11TH 21 HOUR AND 59 MINUTE MARK, AND YOU'RE TELLING US YOU 22 DON'T SEE IT POSSIBLE FOR US TO GET ALL OF THESE 23 HOOPS JUMPED THROUGH EFFECTIVELY IN TIME TO ASSURE 24 THAT WE'RE GOING TO HAVE OUR BILL ON THE 25 GOVERNOR'S DESK QUICK ENOUGH SO THAT HE CAN SIGN . . . 46 1 IT BEFORE THE CLOCK RUNS OUT. 2 MR. MCLEMORE: LET ME ANSWER IT AGAIN, AND 3 I'M GOING ON INFORMATION SUPPLIED BY ME THROUGH 4 CHARLES, THROUGH HIS MEETINGS WITH THE STATE. THE 5 STATE WANTS TO KNOW THE NEW JURISDICTIONAL LINE. 6 MR. BLAKE: DID THEY WANT TO KNOW THE NEW 7 JURISDICTIONAL LINE SIX MONTHS AGO? 8 MR. CARRINGTON: NOVEMBER THE 8TH. 9 MR. BLAKE: SO NOVEMBER THE 8TH, THREE WEEKS 10 PRIOR TO THE EXPIRATION OF THE CURRENT EXISTING 11 JURISDICTIONAL LINE, THEY SAID, WE WON'T ACCEPT 12 THAT. WE WANT A NEW ONE. WE WON'T ACCEPT THE 13 DOCUMENT THAT THE SCHRIMSHERS HAVE THAT, EVEN 14 THOUGH IT EXPIRED -- HAD ANOTHER THREE WEEKS LEFT 15 ON IT, THEY WON'T ACCEPT THAT. THEY WANT A NEW 16 ONE EVEN BEFORE THAT ONE EXPIRED? 17 MR. CARRINGTON: IT'S QUITE OBVIOUS TO 18 EVERYONE, I THINK, THAT IF IT'S EXPIRED, IT NO 19 LONGER HAS ANY SUBSTANTIVE 20 MR. BLAKE: BUT ON NOVEMBER 8TH, IT WAS NOT 21 EXPIRED. 22 MR. CARRINGTON: I REALLY DON'T KNOW WHERE 23 YOU'RE GOING WITH THIS. 24 MR. BLAKE: WHAT I'M TRYING TO FIND OUT, 25 CHARLES, IS WE'RE NOW HERE FACED WITH A SITUATION . . . 47 1 WHERE A YEAR AND FIVE MONTHS AGO -- A YEAR AND 2 FOUR MONTHS AGO WE WENT THROUGH THE HOOPS TO FIND 3 SOME GRANT MONEY THAT STILL REQUIRES -- 4 MR. CARRINGTON: "WE" BEING MY STAFF, YES, 5 SIR. 6 MR. BLAKE: THE CITY. THE CITY, CHARLES. 7 MR. CARRINGTON: YES. OKAY. THE CITY. I 8 WORKED ON IT ALMOST EVERY WEEKEND FOR TWO MONTHS. 9 MR. BLAKE: THE CITY. AND WE WENT THROUGH 10 ALL THESE HOOPS, AND THERE WAS THIS GRANT MONEY 11 THAT THEN WAS IN EXISTENCE, THAT WE HAD FOUND 12 OURSELVES IN LINE TO RECEIVE IF WE CONTINUE ON AND 13 JUMP THROUGH THE REMAINING HOOPS. 14 MY PROBLEM IS NOW THAT MONEY'S ABOUT GONE. 15 AND, YES, WE HAD ISSUES WITH THE TOWN CENTER CODE 16 AND GETTING THAT DEVELOPED AND PUSHED THROUGH. 17 BUT THERE ARE THESE OTHER STEPS THAT WE COULD IS HAVE TAKEN IN ANTICIPATION OF THE PASSAGE OF THE 19 TOWN CENTER ORDINANCE THAT WOULD HAVE PUT US IN A 20 MUCH BETTER TIMING POSITION TO GET ONTO THE 21 GOVERNOR'S DESK TO GET THAT DOCUMENT SIGNED SO 22 THAT WE WOULDN'T BE LOOKING NOW AT JUST FUNDING TO 23 GET HICKORY PARK, BUT AT THE TOTAL FUNDING THAT WE 24 HAD LOOKED AT BEFORE. 25 MR. MCLEMORE: I THINK I LAID OUT IN YOUR ~ . . 25 48 1 AGENDA PACKAGE THAT WE WERE WAY AHEAD IN THIS GAME 2 UNTIL THE COUNTY WENT BEHIND US TO STATE 3 GOVERNMENT AND TOOK IT AWAY FROM US. WE WERE WAY 4 AHEAD. 5 AND THEN, UNFORTUNATELY, ONCE THE COUNTY GOT 6 INVOLVED, AND THEY SAT ON IT FOR SIX TO EIGHT 7 MONTHS, WE WERE SITTING THERE WAITING FOR THE 8 APPLICATION TO GET, ONE, TO THE STATE, AND THEN 9 APPROVED SO WE COULD GO WITH THIS TRAIL 10 REALIGNMENT. 11 AND THE RULES FROM OGT HAVE BEEN IN A VERY 12 EVOLUTIONARY STATE. 13 MR. BLAKE: OKAY. I CAN UNDERSTAND THAT. 14 MR. MCLEMORE: WE HAVE HAD, I GUESS, FOUR OR 15 FIVE DIFFERENT RENDERINGS ON WHAT THE RULES ARE. 16 AND WE WERE PREPARED -- AND SEE, WE HAVE ALREADY 17 DONE ONE APPRAISAL OF THE PROPERTIES. AND NOW 18 THEY'VE CAME BACK AND TOLD US THOSE APPRAISALS 19 AREN'T GOOD ENOUGH. THEY'VE GOT TO BE DONE BY 20 THIS CRITERIA. 21 AND SO WE TRIED, AND I SENT CHARLES BACK TO 22 FIND OUT WHERE WE ARE AT THIS POINT IN TIME 23 RELATIVE TO WHAT WE HAVE TO DO TO GET THE TRAIL 24 REALIGNMENT COMPLETED. AND THAT WAS THE SUBJECT, I BELIEVE, OF YOUR NOVEMBER MEETING, A COUPLE . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 . . 49 MEETINGS THAT WE HAD. WHAT IS IT WE HAVE TO DO? TELL US SO WE KNOW WHAT TO DO. AND WE ADVISED THEM OF THE FACT THAT THE CORPS JURISDICTIONAL LINE WAS GOING TO BE NON-CONCURRENT IN -- OR GO OUT OF -- THE CONTRACT WOULD BE OVER AT THAT POINT IN TIME WITH THEM IN DECEMBER. AND THEIR REMARKS BACK TO US WAS THEY WILL NEED AN UPDATED CORPS JURISDICTIONAL LINE BEFORE THEY WOULD APPROVE US TO GO TO APPRAISAL AND TO RIGHT-OF-WAYS. AND WE PLAYED THE DANCE WITH THEM AS WELL AS WE COULD PLAY IT. AND I'D LIKE TO TELL YOU IT'S NICE TO SAY, YOU KNOW, SIX MONTHS OR A YEAR AGO WE COULD HAVE GONE AND DONE THIS, BUT IT JUST HASN'T BEEN THAT WAY. WE'VE TRIED TO FOLLOW THE RULES AND DIRECTION AS THEY PUT THEM OUT. MR. BLAKE: OKAY. MAYOR PARTYKA: COMMISSIONER MARTINEZ. MR. MARTINEZ: MR. CARRINGTON, I HAVE BECOME A LITTLE CONFUSED WITH THE BACK AND FORTH ON THE DELINEATION OF THE WETLANDS ISSUE. AS I UNDERSTAND YOUR SYNOPSIS OF WHAT TRANSPIRED FROM BEGINNING TO THE PRESENT, YOU SAID THAT THE DELINEATION OF THE WETLANDS, AS PREPARED BY THE , . 24 . 25 50 1 SCHRIMSHER PEOPLE, ARE IN EXISTENCE, WERE NOT 2 ACCEPTABLE TO THE GOVERNOR'S OFFICE. 3 MR. CARRINGTON: NO, NOT EXACTLY. LET ME GO 4 BACK AND REPHRASE THAT FOR EVERYONE'S 5 CLARIFICATION. THE GRAPHIC THAT'S ON THE BOARD 6 THAT YOU'RE LOOKING AT NOW WAS THE GRAPHIC THAT 7 WAS DONE BACK IN '98 AT THE CHARRETTE WHEN DOVER, 8 COLE AND MICHAEL DESIGN ASSOCIATES WERE HERE 9 DURING THAT PERIOD OF FEBRUARY AND MARCH. YOU CAN 10 SEE THE CONFIGURATION OF THE WETLANDS AS 11 DELINEATED BY THE MICHAEL DESIGN TEAM AS THEY 12 ACTUALLY WALKED IN THE FIELD. 13 UNFORTUNATELY, THE CORPS OF ENGINEERS 14 INFORMATION WAS NOT 15 MR. MARTINEZ: THIS WAS DONE WHEN? 16 MR. CARRINGTON: IT WAS DONE IN MARCH OF '98. 17 MR. MARTINEZ: OKAY. 18 MR. CARRINGTON: UNFORTUNATELY, THE 19 INFORMATION THAT -- THE CORPS OF ENGINEERS' 20 INFORMATION WAS NOT MADE AVAILABLE TO THE CITY OR 21 TO THE CONSULTANTS AT THAT TIME. 22 IN THE LATER DATE, WE UNDERSTOOD -- OR I 23 UNDERSTAND, THAT THE INFORMATION WAS MADE AVAILABLE. AND AS SOON AS IT WAS MADE AVAILABLE, THE CITY MANAGER BROUGHT BEFORE THIS BODY A , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 51 RECOMMENDATION THAT WE REHIRE -- AND THIS WAS AT THE SCHRIMSHERS' URGING -- REHIRE DOVER, COLE & ASSOCIATES TO COMPLETELY REDESIGN THAT PORTION OF THE SCHRIMSHER PROPERTY TO REFLECT THE ACTUAL DELINEATION OF THE WETLANDS AS DEFINED BY THE CORPS OF ENGINEERS. THAT WORK WAS DONE IN NOVEMBER. AS A MATTER OF FACT, THE WEEK THAT THEY DID THE CHARRETTE HERE, I WAS IN TALLAHASSEE MEETING WITH THE BUREAU' OF LAND MANAGEMENT. AND IT WAS AT THAT TIME THAT THEY TOLD ME THAT THE EXPIRATION OF THE WETLANDS WOULD BE UNACCEPTABLE UNLESS REVISITED BY THE CORPS AND REESTABLISHED. AT THE TIME THAT I WAS IN TALLAHASSEE, VICTOR DOVER AND HIS ASSOCIATES WERE IN THIS WORKROOM OVER HERE ACTUALLY PREPARING THIS PLAN THAT'S BEFORE YOU TODAY. SO YOUR STAFF HAS NOT DELAYED THIS THING AT ALL. IF THERE WAS A DELAY, IT WAS RELATED BACK -- MR. MARTINEZ: I'M NOT SAYING THAT. WHAT I'M TRYING TO SAY TO YOU IS THAT AT THE TIME OR IN NOVEMBER, THERE WASN'T A SURVEY MAP, OKAY, DEPICTING A DELINEATION THAT WAS SATISFACTORY TO THE GOVERNOR'S OFFICE. MR. CARRINGTON: IT WAS, BUT IT EXPIRED . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 52 DECEMBER 1ST. MR. MARTINEZ: THIS IS WHY THAT I SAY THAT I'M CONFUSED, BECAUSE COMMISSIONER BLAKE WAS ASKING WHY WASN'T THE WORK -- PAPERWORK SUBMITTED BEFORE DECEMBER 1ST IF THE DELINEATION MAP WAS GOOD. MR. CARRINGTON: BECAUSE IT WAS ONLY PROVIDED TO DOVER, COLE & ASSOCIATES IN NOVEMBER -- TO MY KNOWLEDGE, OCTOBER OR NOVEMBER OF THIS PAST YEAR. SO I NEVER SAW IT UNTIL OCTOBER OR NOVEMBER OF THIS PAST YEAR. MR. MARTINEZ: YOU'RE TALKING ABOUT '99. MR. CARRINGTON: '99. SO IF IT EXISTED, I NEVER SAW IT AND NEITHER DID DOVER COLE. I CAN'T SPEAK FOR THEM. MR. MARTINEZ: AND THE MAP EXPIRED DECEMBER 1ST. MR. CARRINGTON: YES. MR. MARTINEZ: WELL, THERE WAS A MAP IN EXISTENCE THAT WOULD HAVE BEEN SATISFACTORY TO THE GOVERNMENT PEOPLE. MAYOR PARTYKA: ALL RIGHT. MR. CARRINGTON: ALL ALONG, FOR THE LAST FIVE YEARS, THERE'S BEEN A DELINEATION OF THE WETLANDS. MR. MARTINEZ: WHEN WAS THE LATEST CORPS MAP . . . . _ ~ ~4--.' o. . .....__.._, ...... .. 53 1 DESIGNED, THE DELINEATION? 2 MR. CARRINGTON: WELL, IF YOU SUBTRACT FIVE 3 FROM '99, IT WOULD HAVE BEEN 1994. IT WAS DONE 4 SOMETIME IN '93 OR '94 AND EXPIRED DECEMBER THE 5 1ST, '99.' IT'S GOOD FOR FIVE YEARS. 6 WHEN IT'S REESTABLISHED -- AND IN ALL 7 PROBABILITY THE DELINEATION WON'T CHANGE -- YOU 8 DON'T GET A SUBSTANTIAL CHANGE IN THE DELINEATION 9 OF A WETLAND UNLESS YOU'VE HAD CONSTRUCTION OR 10 SOME ACTIVITY AROUND THE WETLANDS THAT WOULD CAUSE 11 A SUBSTANTIAL CHANGE. I DON'T ANTICIPATE THAT 12 ONCE IVY, HARRIS & WALL -- IF THEY'RE SELECTED OR 13 WHOMEVER -- DOES THIS WORK, WHEN THEY COME IN 14 HERE, I DOUBT THAT YOU'LL SEE A CHANGE AT ALL. 15 AND IF IT'S A CHANGE, IT WILL BE VERY 16 INSIGNIFICANT. 17 IT'S NOT A MATTER OF WHETHER THE ACTUAL 18 CONFIGURATION WOULD CHANGE. IT'S A MATTER OF THE 19 FACT THAT THE STATE, IN DOTTING EVERY "I" AND 20 CROSSING EVERY liT," IS GOING TO WANT TO MAKE SURE 21 THAT THAT WETLAND DELINEATION IS STILL VALID. 22 MR. MARTINEZ: SO THE ONLY REASON WHY THE OGT 23 REJECTED THE PAPERWORK YOU PRESENTED TO THEM IS 24 BECAUSE THE MAP DELINEATION OF THE WETLANDS AT THE 25 TIME WAS SENT IN AFTER DECEMBER 1ST? . . 20 21 23 24 . 25 54 1 MR. CARRINGTON: NO, SIR. NO ONE HAS REJECTED 2 ANYTHING. EVERYTHING HAS BEEN APPROVED AT THE 3 COUNTY LEVEL AND ALL THREE ADMINISTRATIVE LEVELS 4 AT THE STATE. IT'S READY TO GO TO THE GOVERNOR 5 AND CABINET FOR APPROVAL. NOTHING HAS BEEN 6 REJECTED. 7 IT'S JUST THAT WHEN WE SUBMITTED THIS TO THE 8 STATE, WHEN THE COUNTY SUBMITTED IT, THEY 9 SUBMITTED THIS DOCUMENT WITH THIS CONFIGURATION. 10 WHEN THEY ASKED ME, IN NOVEMBER, DID THIS 11 CONFIGURATION, AS SUBMITTED, ON A TRAIL RELOCATION 12 APPLICATION -- WAS THAT A CORPS OF ENGINEERS 13 DELINEATION? I HAD TO TELL THEM, NO, IT'S NOT. 14 MR. MARTINEZ: THAT'S WHAT I'M SAYING. 15 MR. CARRINGTON: AND THEY SAID, WELL, WE WILL 16 NEED A CORPS OF ENGINEERS DELINEATION BEFORE WE 17 CAN FINALIZE THIS. THAT DIDN'T STOP IT. THEY 18 DIDN'T DISAPPROVE IT. EVERYONE HAS APPROVED IT. 19 THEY'RE WORKING WITH US. AND AT THE SAME TIME THAT THEY WERE TELLING ME THIS, THE CONSULTANT WAS ACTUALLY WORKING WITH 22 THE SCHRIMSHER PROPERTIES AND WITH THE CITY IN A CHARRETTE, IN THIS BUILDING IN LATE NOVEMBER -- OR MID-NOVEMBER, NOVEMBER THE 9TH, TO RECONFIGURE THE TOWN CENTER TO REFLECT THIS ACTUAL DELINEATION. . . . 55 1 MR. MARTINEZ: BUT THEY DID REJECT IT THEN, 2 THE FIRST ONE THAT YOU PUT ON THE SCREEN. 3 MR. CARRINGTON: THEY NEVER REJECTED 4 ANYTHING, NO, SIR. THEY HAVEN'T REJECTED. 5 THEY'RE JUST ADVISING THAT TO MOVE FORWARD WE HAVE 6 TO HAVE AN OFFICIAL DELINEATION OF THE WETLANDS, 7 NOT ONE THAT WAS DERIVED BY SOMEONE WALKING THE 8 AREA. 9 MR. MARTINEZ: LET'S TAKE THE WORD "REJECTED" 10 AND SAY THEY DID NOT ACCEPT. 11 MR. CARRINGTON: THEY HAVE ACCEPTED AND 12 APPROVED THE APPLICATION FOR THE TRAIL RELOCATION 13 BASED ON THIS CONFIGURATION. THEY MERELY HAVE 14 ADVISED -- STAFF HAS ADVISED THAT BEFORE THIS CAN 15 BE APPRAISED AND SURVEYED, THE ACTUAL DELINEATION 16 OF THE WETLANDS WILL HAVE TO BE MADE BY A 17 CERTIFIED ENGINEER AND ESTABLISHED BY THE CORPS OF 18 ENGINEERS. 19 MR. MARTINEZ: WELL, ISN'T THAT A 20 NON-ACCEPTANCE? IF THEY TELL YOU THAT WE WANT 21 SOMETHING ELSE INSTEAD OF WHAT YOU'RE BRINGING ME, 22 ISN'T THAT AN UNACCEPTANCE? 23 MR. CARRINGTON: WELL, LET'S JUST PUT IT THIS 24 WAY: I DO NOT HAVE TO TAKE THIS MATTER BACK 25 BEFORE THE OFFICE OF GREENWAYS AND TRAILS. THEY . . . 56 1 HAVE SIGNED OFF ON IT. I DO NOT HAVE TO TAKE IT 2 BACK TO THE BUREAU OF LAND MANAGEMENT. THEY HAVE 3 SIGNED OFF ON IT. I DO NOT HAVE TO TAKE IT BACK 4 TO THE LAND ACQUISITION AND MANAGEMENT COUNCIL. 5 THEY HAVE SIGNED OFF ON IT. SO AS FAR AS I'M 6 CONCERNED, EVERYONE HAS APPROVED IT. 7 IN ORDER TO TAKE IT TO THE GOVERNOR AND 8 CABINET, THERE'S TWO THINGS THAT HAVE TO HAPPEN 9 WELL, THREE THINGS THAT HAVE TO HAPPENj ONE IS THE 10 CITY HAS TO APPROVE THE TOWN CENTER. TWO, THE 11 MR. MARTINEZ: SURVEY. 12 MR. CARRINGTON: PARDON ME? 13 MR. MARTINEZ: SURVEY. 14 MR. CARRINGTON: WE HAVE TO DO A SURVEY 15 ACCORDING TO RULES AND SPECIFICATIONS OUTLINED BY 16 THE STATE, AND THEY'RE VERY DETAILED. 17 THREE, WE HAVE TO DO AN APPRAISAL ACCORDING 18 TO RULES AND STANDARDS FOR THE STATE. 19 WE HAVE CONSULTANTS READY TO GO TO WORK ON 20 ALL THREE THINGS. QUICKLY, THE DELINEATION -- AND 21 I'M TOLD THAT IT'S NOT A MAJOR, INVOLVED PROCESS, 22 BUT IT'S $10,000. 23 THE SURVEY, THE PEOPLE ARE READY TO GO TO 24 WORK ON THAT OR HAVE BEEN FOR THE LAST MONTH. THE 25 SAME THING WITH THE APPRAISAL. THE APPRAISER IS . . . 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 READY TO GO TO WORK. AND ALL OF THE -- I HAVE SENT THEIR PROPOSALS TO THE STATE. THEIR PROPOSALS HAVE BEEN APPROVED BY THE STATE. AS FAR AS THE STATE'S CONCERNED, EVERYTHING IS READY TO GO. THE TIMING IS THE PROBLEM. MR. MARTINEZ: ALL RIGHT. THANK YOU. MAYOR PARTYKA: THANK YOU. LET ME JUST SAY ONE THING. REGARDLESS OF WHERE THINGS ARE, I MEAN, THE FACTS ARE THAT THE CURRENT WETLANDS DESIGNATION HAS EXPIRED AND WE NEED TO GET A NEW ONE BEFORE IT GOES ON AND A FEW OTHERS THINGS. THAT'S THE FACTS. MR. CARRINGTON: YES. MAYOR PARTYKA: WE NEED TO GET TO SOME KIND OF CONCLUSION ON THIS SO WE CAN TALK TO THE NEXT AREA. COMMISSIONER BLAKE. MR. BLAKE: THANK YOU, MAYOR. I'D LIKE TO MAKE A MOTION TO LAY THIS ON THE TABLE. MR. MILLER: SECOND. MAYOR PARTYKA: OKAY. CALL THE VOTE. THE CLERK: COMMISSIONER MILLER. MR. MILLER: AYE. THE CLERK: COMMISSIONER MARTINEZ. MR. MARTINEZ: NAY. . 1 2 3 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 19 20 21 22 - --. . 23 24 . 25 58 THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: AYE. MAYOR PARTYKA: OKAY. MOTION'S NOT PASSED. OKAY. AT THIS POINT IN TIME, THERE IS A RECOMMENDATION BY THE CITY MANAGER TO, IN EFFECT, DO NOTHING AT THIS POINT. THAT'S HIS RECOMMENDATION PENDING WHAT HAPPENS WITH THE SCHRIMSHERS AND, ALSO, THE TOWN CODE. WHAT WE CAN DO AT THAT POINT IN TIME, IF IT MAKES SENSE -- I KNOW YOU WISH TO SPEAK ON THIS ISSUE RIGHT NOW, BUT MAYBE WE CAN DO IT TOGETHER WITH THE NEXT POINT. MR. GRINDSTAFF: I JUST THINK IT WOULD BE HELPFUL -- MAYOR PARTYKA: WHY DON'T YOU COME ON UP HERE. DON'T SAY ANYTHING MORE. JUST IDENTIFY YOURSELF. MR. GRINDSTAFF: THANK YOU, MR. MAYOR. MY NAME IS MICHAEL GRINDSTAFF. I'M AN ATTORNEY WITH THE LAW FIRM OF SHUTTS & BOWEN, 20 NORTH ORANGE AVENUE, ORLANDO, FLORIDA 32801. WE REPRESENT THE SCHRIMSHER GROUP. I REALIZE THE SEQUENCE THAT YOU'RE GOING IN. I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT WE CAN, OR ATTEMPT TO. BUT JUST TO ADDRESS SOME . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 59 SURVEY-RELATED QUESTIONS, IT MIGHT BE EASIER AND BETTER TO DO IT NOW RATHER THAN TO WAIT UNTIL WE GET INTO THESE OTHER ISSUES THAT ARE GOING TO COME UP. MAYOR PARTYKA: MIGHT AS WELL, BECAUSE YOU'RE APPROPRIATED, PLUS YOU ALSO WANTED TO SPEAK AS AN INTERESTED PARTY. MR. GRINDSTAFF: RIGHT. THE WETLANDS LINE -- THE FIRST MAP -- CHARLES, IF YOU'D SHOW THEM WHAT YOU WERE SHOWING AS THE ORIGINAL PLAN. THE ORIGINAL PLAN WAS WRONG. EVERYBODY KNEW IT WAS WRONG. YOUR PEOPLE, WE THINK, KNEW IT WAS WRONG. WE CLAIMED THAT IT WAS WRONG LONG BEFORE NOVEMBER OF 1999. FORTUNATELY, WE HAD A COURT REPORTER WITH US FOR THE LAST YEAR AND A HALF WHILE WE COME TO THIS TOWN HALL, AND WE'LL BE ABLE TO TELL YOU WHEN WE DISCUSSED THIS ENVIRONMENTAL LINE. AND THAT'S JUST THE FACTS. NO ONE'S UPSET. JUST, THAT'S THE FACTS. WE KNEW THAT WAS WRONG. WE HAD A JURISDICTION LINE. IT DID EXPIRE ON DECEMBER 1. WE, FROM THE BEGINNING, EXPLAINED THAT IT WAS GOING TO BE EXPIRING ON DECEMBER 1 AND NOT DECEMBER 31 AND THAT WE WOULD BE TRYING FOR OUR OWN INTERESTS TO HAVE THAT LINE RENEWED; NOT ~ . 23 24 . 25 60 1 JUST THE TOWN CENTER IN THIS, BUT FOR OUR OWN 2 INTERESTS. WE'RE IN THE PROCESS OF DOING THAT. 3 WE'RE VERY OPTIMISTIC, ALTHOUGH IT HASN'T BEEN 4 DONE YET.. 5 BUT TO SUGGEST THAT THE CITY WAS UNAWARE OF 6 IT IS FLAT WRONG, FLAT WRONG. PERHAPS IT WAS 7 IGNORED, BUT THEY WERE AWARE OF IT. 8 THE IMPORTANT THING TO REMEMBER WAS WE KNEW 9 THAT WAS WRONG -- IF YOU PUT UP NUMBER TWO -- 10 BASED ON THE NEW LINE, WHILE WE'RE NOT ABSOLUTELY 11 CERTAIN IT'S EXACT, IT WAS CERTAINLY MORE ACCURATE 12 THAN THE FIRST ONE, WHICH WE ALL KNEW WAS WRONG. 13 THIS MAY, IN FACT, BE RENEWED BY THE CORPS. 14 WE ARE OPTIMISTIC THAT THAT WOULD HAPPEN. BECAUSE 15 WE TRIED TO GO SO FAST WITH THIS WHOLE THING, TWO 16 WEEKS, TWO WEEKS, COME BACK IN TWO WEEKS, TWO 17 WEEKS, GET IT DONE, GET IT DONE, PASS IT, BOOM. 18 JOSHI COMES ALONG. LET'S DON'T FORGET JOSHI AND 19 THE 90 TO 120 DAYS THAT WAS SPENT PURSUING THAT 20 BUM PROPOSAL, TO PUT IT POLITELY. THE COUNTY THEN 21 GETS IN AND INTERCEDES IN THIS RELOCATION EFFORT. 22 SO TO SUGGEST THAT HERE WE ARE I FRANKLY THINK, WITH ALL DUE RESPECT, IT'S UNFAIR TO THE STAFF, WHO I THINK HAS WORKED VERY HARD ON THIS STUFF, PARTICULARLY MR. CARRINGTON AND MR. MCLEMORE, WHO 61 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WE HAVE NOT ALWAYS SEEN EYE TO EYE WITH. MR. MCLEMORE: BUT WE WORK HARD. MR. GRINDSTAFF: WE WORK HARD. WE'RE TRYING TO DO IT RIGHT. AND I THINK WE ARE GETTING TO A POINT WHERE IT CAN BE DONE RIGHT. BUT TO SUGGEST THAT WE/RE NOW DOWN TO RUNNING OUT OF TIME AND THAT WE ALL NEED TO BE SCOLDED BECAUSE WE DIDN'T LOOK AT THIS THING, I THINK IS WRONG. THERE ARE REASONS. I SPOKE -- ANTHONY AND I SPOKE TODAY IN A CONFERENCE CALL WITH THE LADY FROM THE OFFICE OF GREENWAYS AND TRAILS. HER NAME WAS SAMANTHA BROWN. AND WE TALKED ABOUT THE ISSUE OF HAVING THE TOWN -- ACTUALLY, THERE WERE A COUPLE THINGS WE TALKED ABOUT, ONE OF WHICH WAS, DOES THE TOWN CENTER CODE NEED TO BE ADOPTED AND THE TRAIL RELOCATED AS A CONDITION TO THIS GRANT MONEY? SHE SAID TO US, NO. SHE SAID THAT IT MAY MAKE SENSE TO HAVE THE TOWN CENTER CODE ADOPTED AND THE TRAIL RELOCATED SO THAT YOU KNOW WHERE IT IS. SHE DOESN'T DISPUTE THAT THAT'S A GOOD IDEA, BUT IT WAS NOT A CONDITION FROM HER OFFICE TO HAVE THOSE THINGS IMPOSED OR IN PLACE BEFORE THE GRANT MONEY WAS AVAILABLE. AND I THINK YOU SHOULD KNOW THAT. . . . . . 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AND HOW THOSE TWO DIFFERENCES OF OPINION GOT THROWN AROUND THERE, I DON'T KNOW, BUT THAT'S WHAT SHE SAID TO US. AND IF ANTHONY DISAGREES, I'D LIKE FOR ANTHONY TO SAY SO NOW. MR. GARGANESE: NO, I DON'T DISAGREE. I DID SPEAK WITH SAMANTHA BROWN AND MR. GRINDSTAFF ON THIS ISSUE. AND I'M A LITTLE UNCLEAR, AT THIS POINT, WHAT IS REALLY REQUIRED TO GO FORWARD WITH THIS GRANT. AS I SEE IT, YOU HAVE A COUPLE OF ISSUES; HICKORY PARK, WHICH MS. BROWN BASICALLY SAYS IS A STAND-ALONE ISSUE THAT DOES NOT REQUIRE TO RELOCATE THE TRAIL MR. GRINDSTAFF: ON THE WEST SIDE OF THE ROAD, LIKE YOU WERE SAYING. MR. GARGANESE: IF YOU FOLLOW THROUGH WITH MR. MILLER'S LOGIC, IT'S COMPLETELY ON THE OPPOSITE SIDE OF TUSCAWILLA ROAD, IT'S REMOVED FROM WETLANDS PARK, AND IT'S REMOVED FROM THE TRAIL. MR. MCLEMORE: LET ME SAY FOR THE RECORD THAT THAT IS NOT WHAT I PERSONALLY HAVE HEARD REPRESENTED BY THEIR STAFF. MR. GRINDSTAFF: AND I BELIEVE YOU. IT'S JUST THAT WE HEARD SOMETHING DIFFERENT, AND THERE'S SOMETHING GOING ON HERE. . . . 63 1 MR. GARGANESE: THAT'S WHY I SAY WE'RE NOT 2 CLEAR AS TO WHERE THIS IS GOING. 3 MAYOR PARTYKA: ONE AT A TIME. I WANT TO 4 FINISH UP MR. GRINDSTAFF. 5 MR. GRINDSTAFF: THAT WAS THE ONLY COMMENTS I 6 WANTED TO MAKE ON THE LINE. I MEAN, THERE ARE A 7 NUMBER OF THINGS WE NEED TO TALK ABOUT, AND THIS 8 EVENING PROMISES TO BE INTERESTING. 9 BUT I THINK MIKE SCHRIMSHER WOULD ALSO LIKE 10 TO SAY SOME THINGS JUST ON THE LINE, BECAUSE HE 11 PARTICIPATED IN THE CHARRETTES BEFORE I GOT 12 INVOLVED AND IN THE ORIGINAL PART OF THE PLAN. 13 MR. SCHRIMSHER: I WANTED TO I'M MIKE 14 SCHRIMSHER, 600 EAST COLONIAL STREET, SUITE 100, 15 ORLANDO, FLORIDA 32803. 16 I WAS GOING TO ASK MS. GENNELL TO BE MY 17 VALENTINE, BUT SHE'S NOT HERE, SO I CAN'T DO 18 THAT. I'M SORRY. AND I'M DRESSED IN RED JUST TO 19 BE IN THE SPIRIT OF THE OCCASION. 20 I JUST WANT TO SAY THE LINE -- I HAVE 21 FORGOTTEN THE EXACT DATE, BUT IT'S ACTUALLY 22 MID-DECEMBER. I WANTED YOU TO KNOW THAT WE 23 APPLIED TO HAVE IT REVALIDATED IN OCTOBER AND THAT 24 WE'VE BEEN IN CONTACT WITH THE ARMY CORPS. AND 25 IT'S -- IT WOULD APPEAR THAT IT'S GOING TO BE . . . 64 1 REVALIDATED EXACTLY AS IT IS AND IT'S NOT GOING TO 2 CHANGE. YOU CAN'T TAKE THAT TO THE BANK UNTIL 3 WE'RE HOLDING THE DOCUMENT WITH THE AUTHORITATIVE 4 SIGNATURES AND DATES ON IT, BUT THAT IS WHAT'S 5 BEEN REPRESENTED TO US. SO I FEEL GOOD ABOUT IT. 6 AND PLEASANTLY SURPRISED, ACTUALLY, BECAUSE WE'VE 7 HAD THIS LINE DONE THREE TIMES AND IT'S NEVER BEEN 8 HANDLED REAL QUICKLY. 9 BUT, ANYWAY, THAT'S, I THINK, VERY GOOD NEWS 10 THAT THE DECISIONS THAT HAVE BEEN MADE BASED UPON 11 THE EXISTING LINE APPEAR THAT THAT LINE WON'T 12 CHANGE AND FORCE DESIGN CHANGES. SO I THINK IT'S 13 IMMINENT THAT WE WILL RECEIVE THAT FROM THE ARMY 14 CORPS TO THE SATISFACTION OF OTHER AGENCIES. 15 AND IT'S NOT FUNNY, BUT IT'S INTERESTING AS A 16 PRIVATE CITIZEN TO SEE ONE BRANCH OF GOVERNMENT -- 17 IN THIS CASE, THE MUNICIPAL GOVERNMENT -- CAUGHT 18 IN THE THROES OF TRYING TO SATISFY MULTIPLE 19 AGENCIES AND THEIR CHANGING AND SOMETIMES 20 CONTRADICTORY REQUIREMENTS TO TRY TO, YOU KNOW, 21 GET WHAT SHOULD BE -- WHAT SEEMS TO BE A FAIRLY 22 SIMPLE TASK ACCOMPLISHED. IT JUST COSTS MORE THAN 23 IT SHOULD AND IT TAKES LONGER THAN IT SHOULD. 24 I THINK IT'S JUST -- YOU KNOW, THAT'S WHY YOU 25 OFTEN HEAR FOLKS LIKE ME KIND OF BEMOANING ANY NEW . ~ . 24 . 25 65 1 REGULATION OR ANY CHANGES IN REGULATION, BECAUSE 2 IT JUST GETS -- IT COMPLICATES EVERYTHING THAT YOU 3 TRY TO DO, SO ANYWAY. 4 MAYOR PARTYKA: THANK YOU. WELL, 5 COMMISSIONERS, WE'RE NOW AT A POINT WHERE 6 SOMETHING HAS TO BE DONE. WE HAVE TO HAVE AN 7 ACTION HERE. SINCE WE DIDN'T TABLE ANYTHING, 8 SOMETHING HAS TO BE DONE, WHETHER -- 9 MR. MARTINEZ: MR. CARRINGTON HAS SOME 10 ADDITIONAL INFORMATION HE WANTS TO TALK ABOUT. 11 MAYOR PARTYKA: DO YOU HAVE ADDITIONAL 12 INFORMATION? 13 MR. CARRINGTON: I HAVE PERTINENT 14 INFORMATION. I HAVE HAD NO CONTACT WITH SAMANTHA 15 BROWN, DO NOT KNOW WHO SHE IS. SHE WAS NOT IN ANY 16 OF THE MEETINGS WITH US ON OFFICE OF GREENWAYS AND 17 TRAILS. I MET WITH THE TOP PERSON IN THE 18 DEPARTMENT. I'VE HAD NO MEETINGS WITH HER. THIS 19 COULD BE A PROBLEM. IT COULD BE TRUE. BUT I 20 WOULD THINK THAT HAD SHE BEEN INVOLVED IN THIS 21 PROCESS, SHE WOULD HAVE BEEN IN THE MEETINGS THAT 22 I'VE ATTENDED IN TALLAHASSEE. 23 MAYOR PARTYKA: OKAY. NOW, GIVEN THAT, AGAIN, ALL THE BACKGROUND THAT WE HAVE HERE, SOMETHING NEEDS TO BE DONE. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - --- 23 24 25 . . 66 COMMISSIONERS, WHAT DO WE WANT TO DO HERE? AND AS YOU CAN SEE, THE RECOMMENDATIONS FROM THE CITY MANAGER, WE CAN DELIBERATELY -- MR. MILLER: SHOULD WE MAKE A MOTION TO TABLE? MR. MCLEMORE: WELL, I THINK YOU SHOULD (INAUDIBLE) . MAYOR PARTYKA: OKAY. MR. MCLEMORE: OH, I THOUGHT THEY DID IT. MAYOR PARTYKA: NO. SO SOMETHING IT FAILED. HAS TO BE DONE. COMMISSIONER BLAKE. MR. BLAKE: MAYOR, EXCUSE ME. I HAVE THE FLOOR. MR. MAYOR, THE PURPOSE OF MY EARLIER MOTION TO TABLE THIS WAS SIMPLY BECAUSE I THINK THAT THERE IS SOME ADDITIONAL INFORMATION THAT MAY COME OUT ON THE NEXT FEW ITEMS THAT ARE RELATED TO THIS ITEM THAT MAY HELP US DETERMINE EXACTLY WHAT TO DO HERE. PERHAPS YOU WOULD DISCUSS WITH THE OTHER COMMISSIONERS WHAT THEY THINK THEY MIGHT WANT TO DO, BUT, TO ME, IT SEEMS TO BE THE RIGHT MOVE. MAYOR PARTYKA: I AGREE, COMMISSIONER. GIVEN THE FACT THAT COMMISSIONER MILLER AGREED, COMMISSIONER MARTINEZ, ANY THOUGHTS ON THAT? . . 18 19 20 21 22 23 24 . 25 67 1 MR. MARTINEZ: I AGREED TO TABLE THIS FOR 2 TEMPORARILY UNTIL WE DISCUSS THE REST OF THE 3 PACKAGE. AT THAT TIME, I'LL MAKE A DECISION ON 4 ALL OF THE ITEMS. 5 MAYOR PARTYKA: OKAY. I JUST WANT YOU TO 6 UNDERSTAND FROM THE TABLING, YOU VOTED NO. 7 THEREFORE, IT NEVER PASSED. 8 MR. MARTINEZ: I KNOW. 9 MAYOR PARTYKA: SO IF YOU WISH TO MAKE -- IF 10 WE ACCEPT ANOTHER MOTION ON THE TABLING 11 MR. MARTINEZ: WITH THE CONDITIONS THAT I 12 STIPULATED. 13 MAYOR PARTYKA: WELL, TABLING MEANS THAT. 14 OKAY. I'LL ACCEPT ANOTHER MOTION TO TABLE. COMMISSIONER MILLER, DO YOU WISH TO MAKE A MOTION?l 15 16 MR. MILLER: MOTION TO TABLE. 17 MAYOR PARTYKA: IS THERE A SECOND? ANYBODY? MR. MARTINEZ: SECOND. MAYOR PARTYKA: SECOND BY COMMISSIONER MARTINEZ. CALL THE VOTE, PLEASE. THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: AYE. THE CLERK: COMMISSIONER MILLER. MR. MILLER: AYE. THE CLERK: COMMISSIONER MARTINEZ. . . 24 . 25 68 1 MR. MARTINEZ: AYE. 2 MAYOR PARTYKA: OKAY. THANK YOU. ALL 3 RIGHT. WE'LL TABLE THIS UNTIL SOME FUTURE PART OF 4 THE MEETING WHEN IT'S APPROPRIATE TO DISCUSS THIS 5 AGAIN. 6 NOW, AT THIS POINT, LET ME MOVE ON TO F. 7 THIS IS UNDER CITY MANAGER. CITY MANAGER 8 REQUESTING THE COMMISSION TO REVIEW AND PROVIDE 9 DIRECTION REGARDING THE APPROVAL OF AN AGREEMENT 10 WITH SCHRIMSHER PROPERTIES RELATIVE TO THE TOWN 11 CENTER DISTRICT CODE. 12 CITY MANAGER. 13 MR. MCLEMORE: YOUR DIRECTION TO US WAS TO 14 BRING YOU BACK AN AGREEMENT TONIGHT THAT WAS 15 APPROVABLE OR DELINEATE TO YOU WHAT THE 16 OUTSTANDING ISSUES ARE IN AN AGREEMENT. AND I'M 17 GOING TO ASK ANTHONY IF HE WILL GO OVER THE 18 OUTSTANDING ISSUES AS HE UNDERSTANDS IT, AND I'LL 19 BE MORE THAN HAPPY TO COMMENT ON THOSE WHEN HE 20 GETS THROUGH OR AS WE GO ALONG, WHICHEVER IS MOST 21 APPROPRIATE. 22 MR. GARGANESE: OKAY. VERY, VERY BRIEFLY, I 23 THINK IT WOULD BE HELPFUL IF THE COMMISSION WENT TO ITEM B IN YOUR AGENDA UNDER THE PUBLIC HEARING AND PULL A COPY OF THE TOWN CENTER CODE OUT. ON . . 20 21 22 23 24 . 25 69 1 PAGE 11, YOU'LL SEE A MAP -- PROPOSED MAP OF THE TOWN CENTER. 2 3 MAYOR PARTYKA: OKAY. WHAT PAGE IS THAT? 4 MR. MARTINEZ: ELEVEN. MR. GARGANESE: IT'S ON PAGE 11 OF THE TOWN CENTER DISTRICT CODE. MR. MCLEMORE: JUST FOR YOUR INFORMATION, WE ARE PREPARED TO PUT IT ON THE SCREEN. MAYOR PARTYKA: DO WE HAVE THE PICTURE HERE? 5 6 7 8 9 10 MR. MILLER: CHARLES? 11 MAYOR PARTYKA: HE HAS THIS. WHILE YOU'RE DOING THAT, CITY MANAGER -- MR. MCLEMORE: YES. MAYOR PARTYKA: -- I HAVE A GENERAL QUESTION ON YOUR RECOMMENDATIONS. YOU HAVE THREE POINTS. WHICH ONE DO YOU RECOMMEND BASED ON YOUR KNOWLEDGE OF ALL THE DISCUSSIONS AT THIS POINT? 12 13 14 15 16 17 18 MR. MCLEMORE: ON THE ISSUES? 19 MAYOR PARTYKA: YES. IN TERMS OF WHAT YOUR RECOMMENDATIONS ARE. YOU HAVE THREE THINGS HERE: ADOPT CITY, ADOPT CITY PROPOSAL WITH AMENDMENTS, DIRECT NEGOTIATION TO CONTINUE. WHAT'S YOUR PERSONAL OPINION ON THE RECOMMENDATION? MR. MCLEMORE: WELL, I THINK I SHOULD GET . . 22 23 24 . 25 70 1 SOME SENSE FROM YOU AS TO WHAT YOU UNDERSTAND THE 2 ISSUES ARE AND HOW YOU FEEL ABOUT THE ISSUES. 3 THEN WE'LL KNOW WHAT TO DO. 4 MAYOR PARTYKA: OKAY. ANYBODY WANT TO START? 5 MR. GARGANESE: I'LL JUST GO OVER WHAT WE 6 BELIEVE THE OUTSTANDING ISSUES ARE IN REACHING AN 7 AGREEMENT WITH SCHRIMSHER PROPERTIES. 8 THE FIRST ISSUE THAT WE'RE STILL TRYING TO 9 WORK THROUGH IS THE LOCATION OF SPINE ROAD. SPINE 10 ROAD'S GOING TO BE A MAJOR COLLECTOR ROAD THAT 11 RUNS THROUGH THE SCHRIMSHER PROPERTY THAT CONNECTS 12 434 TO TUSCAWILLA ROAD. WE HAVE NOT AGREED, TO 13 DATE, AS TO THE LOCATION OF SPINE ROAD. 14 MR. MCLEMORE-: KIP IS GOING TO PUT UP THE 15 THREE ALTERNATIVES. 16 CAN WE MOVE THAT GRAPHIC OVER THERE THAT'S IN 17 THE WAY OF THE SCREEN FOR A MOMENT? JUST SET IT 18 DOWN. CAN YOU MOVE -- JUST LAY IT DOWN, THE 19 EASEL. 20 OKAY. WE LOOKED AT THREE ALTERNATIVE ROUTES 21 THAT WE WOULD NAME COLLECTOR ROADS OR POTENTIALLY THAT WOULD QUALIFY AS A COLLECTOR ROAD UNDER YOUR IMPACT FEE ORDINANCE. BECAUSE THE IDEA WAS WHAT WE COULD QUALIFY AS AN IMPACT FEE ROAD, WE COULD CONSTRUCT AN IMPACT FEE. SO THERE WERE THREE . . 25 . 71 1 ALTERNATIVES. 2 AND NOW THE QUESTION IS: WHICH ALTERNATIVE 3 IS SUITABLE FOR THIS AGREEMENT BASED ON THE MUTUAL 4 CONSENT OF THE PARTIES? 5 SO JUST SHOW THEM VERY BRIEFLY, IF YOU WOULD, 6 KIP. 7 MR. LOCKCUFF: THAT'S NUMBER ONE, NUMBER 8 TWO. THIS IS NUMBER THREE. I 9 MR. MCLEMORE: AND THEN, OF COURSE, EACH ONE 10 HAS A COST HORIZON. AND IT WAS OUR FEELING 11 INITIALLY THAT THE LOWER ALTERNATIVE WAS THE ONE 12 THAT WOULD BEST JUMP-START THE TOWN CENTER AND DO 13 THE MOST GOOD IN TERMS OF DOLLARS SPENT. THAT'S 14 APPROXIMATELY A $900,000 BUDGET, OR RIGHT CLOSE TO 15 A MILLION. 16 MR. BLAKE: THAT IS THE DOTS? 17 MR. MCLEMORE: THE DOTS. 18 THE SECOND ALTERNATIVE IS THE ONE THAT GOES 19 AROUND THE EASTERN PART OF WETLAND PARK. IT IS 20 THE ONE, I THINK, THAT THE SCHRIMSHERS PREFER. 21 AND THAT BUDGET IS ALMOST -- ABOUT 1,113,000, 22 ESTIMATED. 23 AND THEN, OF COURSE, THE OUTLYING ONE IS BY 24 AND FAR THE MOST EXPENSIVE. KIP, I DON'T HAVE THE NUMBERS. I DON'T KNOW IF YOU REMEMBER IT. . . 24 25 . 72 1 MR. LOCKCUFF: IT WAS ABOUT 1.3 SOMETHING. 2 MR. MCLEMORE: 1.3 MILLION. OKAY. AND 3 AGAIN, THE FIRST THING WAS THAT WE'VE GOT TO BE 4 ABLE TO QUALIFY IT UNDER THE ORDINANCE OF AN 5 IMPACT FEE ROAD, WHICH MEANS YOU HAVE TO QUALIFY 6 IT AS A COLLECTOR ROAD. AND ONE OF THE PARTS OF 7 THE AGREEMENT WAS, WE WOULD AGREE TO DO THATj 8 ESTABLISH IT AS A COLLECTOR ROAD IN YOUR I 9 CIRCULATION PLAN. 10 NOW, THE QUESTION IS: WHICH ONE DO WE 11 CHOOSE? AND THERE -- YOU KNOW, THERE'S TWO 12 ISSUES. ONE IS COST, AND THE OTHER IS 13 (INAUDIBLE) . IT WOULD BE THE ONE THAT WOULD BEST 14 SPUR THE DEVELOPMENT OR BEST KICK-START THE 15 DEVELOPMENT. AND THERE WE HAVE SOME DISAGREEMENT 16 BETWEEN US AND THE SCHRIMSHERS. AND YOU KNOW 17 THERE'S A $200,000 DIFFERENCE HERE, 18 APPROXIMATELY. 19 SO, WITH THAT IN MIND, YOU NEED TO HEAR FROM 20 THE SCHRIMSHERS ON THIS ISSUE AND MAKE A DECISION 21 AS TO WHERE YOU WANT TO GO IN ORDER TO RESOLVE 22 THIS ISSUE. 23 SO DO YOU WANT TO GO AHEAD WITH OTHER ISSUES AND COME BACK TO THIS OR -- MAYOR PARTYKA: WHICH IS THE BEST WAY? . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - 23 24 25 . . 73 MR. MCLEMORE: I WOULD RATHER DEAL WITH THEM ONE AT A TIME. MR. BLAKE: MR. MAYOR. MAYOR PARTYKA: COMMISSIONER BLAKE, YOU -- COMMISSIONER BLAKE. MR. BLAKE: I UNDERSTAND THERE ARE FOUR OR FIVE INDIVIDUAL ISSUES? MR. MCLEMORE: YES. MR. BLAKE: I THINK WHAT I WOULD PREFER IS IF YOU CAN JUST GIVE US, LIKE, A ONE SENTENCE -- LIKE, SPINE ROAD IS ONE ISSUE, XYZ IS ANOTHER ISSUE, WATER'S THE THIRD ISSUE, YOU KNOW, SO WE AT LEAST KNOW WHAT FIVE ARE OUT THERE. THAT WAY WE CAN THINK ABOUT EACH OF THESE, AND THEN GO BACK AND MR. MCLEMORE: THEN WE'LL GET INTO THE DETAILS. MR. GARGANESE: ISSUE NUMBER TWO IS AN ISSUE THAT THE SCHRIMSHERS HAVE TO JUST COME TO GRIPS WITH, AND THAT IS THE SCHRIMSHERS HAVE TO VERIFY THE COST OF THE SEWER AND WATER LINE THAT WILL BE RUN TO THE BOUNDARY OF THEIR PROPERTY. THEY'RE IN THE PROCESS OF DOING THAT. TERRY ZOCKEY, THE CITY'S ENGINEER, HAS TO GET IN TOUCH WITH THEIR ENGINEER. . . . 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE THIRD ISSUE IS -- I'LL CALL IT THE SMALL NEIGHBORHOOD PARKS ISSUE. IF YOU LOOK ON PAGE 11 OF THE TOWN CENTER DISTRICT CODE, THERE ARE SIX SMALL NEIGHBORHOOD SQUARES THAT ARE IDENTIFIED. THE LOCATION IS THAT ISSUE, AS WELL AS SOME OTHER ISSUES RELATED TO THE SMALL PARKS. THE FOURTH ISSUE IS THE CROSS SEMINOLE TRAIL REALIGNMENT. THE CURRENT LOCATION, AS YOU SEE, IS ON THE OUTER PERIMETER OF THE DEPICTED TOWN CENTER. THE SCHRIMSHERS WOULD LIKE TO REALIGN THAT TO RUN ADJACENT TO WETLANDS PARK. THE FIFTH ISSUE IS -- I'LL CALL THE ST. JOHN'S LANDING WALL BUFFER. THE CITY WOULD LIKE TO SEE A CONCRETE BLOCK OR BRICK WALL CONSTRUCTED ADJACENT TO SCHRIMSHER DEV -- TO A MULTIFAMILY OR COMMERCIAL SCHRIMSHER DEVELOPMENT ADJACENT TO THAT SUBDIVISION. DID I MISS ANY ISSUES? MR. MCLEMORE: YES. THE ISSUE RELATIVE TO THE RECAPTURING OF COSTS THROUGH THE CONNECTION FEE, UNLESS THAT'S NO LONGER AN ISSUE. MR. BLAKE: ISN'T THAT NUMBER TWO? MR. GARGANESE: NO. THIS IS THE SEPARATE ISSUE THAT REALLY ENCOMPASSES THE ENTIRE AGREEMENTj AND THAT IS, THE CITY RESERVING ITS . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 75 RIGHT TO RECAPTURE THE COSTS RELATED TO THE WATER AND SEWER EXTENSION. THAT'S SOMEWHAT RELATED TO ONE OF THE ISSUES ON VALUE THAT I STATED IN TWO, AS WELL AS THE MAJOR CONSIDERATION FLOWING IN THIS AGREEMENT FROM THE CITY TO SCHRIMSHER. MAYOR PARTYKA: OKAY. I'M GOING TO POSE SOMETHING TO THE COMMISSIONERS HERE. ALL RIGHT. MAYBE SAVE SOME TIME AND STILL GET FURTHER AHEAD. CITY MANAGER. MR. MCLEMORE: YES. MAYOR PARTYKA: OKAY. THIS IS VERY IMPORTANT. WE'VE GIVEN THE SUMMARIES OF THE SIX POINTS HERE. OKAY. THE REASON I'M GOING TO ASK THIS QUESTION OF THE COMMISSION IS BECAUSE WE MAY SAVE US SOME TIME TODAY. ONE OPTION IS -- YOU HAVE THE POINTS HERE. ONE OPTION WOULD BE, ARE YOU COMFORTABLE IF THE CITY MANAGER WISHES TO CONTINUE WITH THE NEGOTIATIONS, BASED ON THESE POINTS, TO COME TO THE NEXT STEP? THAT'S OPTION ONE. ALL RIGHT. JUST GIVE HIM THE POWER TO CONTINUE. THEN OPTION TWO IS, IF NOT, THEN WE NEED TO DISCUSS, POINT BY POINT, TO GET TO THAT NEXT CONCLUSION. SO IF THIS COMMISSION SAYS, CITY MANAGER, CONTINUE WITH YOUR DISCUSSION, WE RELY ON . . 19 20 21 22 23 24 25 . 76 1 YOUR EXPERTISE, SEE WHAT YOU CAN COME WITH TO THE 2 POINT WHERE YOU FEEL YOU CAN'T GO ANY FURTHER OR 3 YOU CAN GO FURTHER, AND THEN COME BACK TO US, AS 4 HE'S DOING IT ON A CONTINUOUS BASIS FOR THE PAST 5 SEVERAL MONTHS. AND OPTION TWO IS, LET'S HANDLE 6 THIS POINT BY POINT. 7 MR. MCLEMORE: BUT I NEED TO TELL YOU, I'M AT 8 THAT POINT WHERE I DON'T WANT TO GO ANY FURTHER 9 WITHOUT DIRECTION. 10 MAYOR PARTYKA: OKAY. YOU ARE. ALL RIGHT. 11 NOW, LET'S TURN IT OVER. I BELIEVE COMMISSIONER 12 MILLER IS FIRST. 13 MR. MCLEMORE: WE NEED TO GIVE YOU THE 14 DETAILS ON THESE LINES. 15 MAYOR PARTYKA: OKAY. YOU HAVE A COMMENT 16 NOW, COMMISSIONER MILLER, OR DO YOU WANT TO WAIT 17 FOR THOSE DETAILS? 18 MR. MILLER: I JUST WANTED TO ASK THE CITY MANAGER A GENERAL QUESTION. DURING ONE OF THE EARLIER MEETINGS THAT WE HAD HERE -- I'M TRYING TO FIND IT IN THIS DOCUMENT -- BUT IT SAYS THAT ALL THESE THINGS IN HERE ARE BASICALLY NEGOTIABLE ONCE WE GET THE -- I DON'T WANT TO SAY SOMETHING THAT'S NOT ACTUALLY CORRECT, BUT THERE IS VERBIAGE IN HERE. . . 19 20 21 22 23 24 25 . 77 1 AND I POINTED OUT TO THE SCHRIMSHER FOLKS A 2 COUPLE MONTHS AGO THAT THIS IS A LIVING DOCUMENT 3 WHICH CAN BE CHANGED. AND THE CITY ATTORNEY JUST 4 RAISED AN ISSUE AGAIN, WHICH SEEMS TO ME LIKE 5 WE'RE TALKING ABOUT NOT NITPICKING WE'RE 6 TALKING ABOUT ITEMS THAT REALLY OUGHT TO BE DONE 7 AT SOME FUTURE POINT. 8 LIKE YOU MENTION THE PARKS AND THE LOCATION 9 OF THE PARKS. AGAIN, I'M BEFUDDLED. THESE LITTLE 10 THINGS KEEP COMING UP, WHICH I THOUGHT THIS THING 11 HERE PROVIDED FOR MINOR CORRECTIONS IN THE PARK. 12 IT SEEMS LIKE WE'RE TRYING TO MAKE THIS INTO 13 POURED CONCRETE BEFORE WE APPROVE THE TOWN CENTER, 14 WHEN THAT WAS NEVER OUR INTENT. OUR INTENT WAS TO 15 CREATE A LIVING DOCUMENT. AND THEN AS YOU BEGIN 16 DEVELOPMENT, IT MADE MORE SENSE TO PUT A PARK 10 17 FEET TO THE RIGHT OR THE LEFT OR ONE BLOCK AWAY. 18 THAT WAS AN ITEM WHICH COULD BE ACCOMMODATED BY THIS DOCUMENT. I DON'T WANT TO GET INTO IT TONIGHT, BUT I'M JUST TRYING TO FIGURE OUT, IS THIS THE TYPE STUFF THAT YOU'RE TALKING ABOUT WHEN YOU SAY THERE'S ISSUES ABOUT THE SMALL NEIGHBORHOOD PARKS AND THE LOCATIONS? WHY ARE WE EVEN DISCUSSING THIS AGAIN? MR. MCLEMORE: WELL, LET ME TAKE YOU BACK TO . . 17 18 19 20 21 22 23 24 . 25 78 1 WHEN THIS WHOLE THING ORIGINALLY STARTED. AND I 2 WOULD SUGGEST TO YOU THAT I DIDN'T WANT TO GET 3 INTO THIS NEGOTIATION THING TO BEGIN WITH. I TOLD 4 YOU THAT I THOUGHT -- 5 MR. MILLER: WHY ARE YOU DISCUSSING IT? 6 MR. MCLEMORE: BECAUSE THE COMMISSION HAS 7 DIRECTED ME TO DO IT AND BECAUSE I TOLD YOU THAT I 8 THOUGHT WE HAD THE LANGUAGE BUILT INTO THIS 9 ORDINANCE THAT ALLOWED FOR THE FLEXIBILITY TO GO 10 FORWARD AND DEAL WITH THESE ISSUES ON A 11 PROJECT-BY-PROJECT BASIS. 12 NOW, THE SCHRIMSHER PEOPLE DO NOT AGREE WITH 13 THAT. AND I WAS DIRECTED BY THIS COMMISSION TO GO 14 SIT DOWN AND WORK OUT SOME KIND OF AGREEMENT. 15 THAT'S WHAT WE'VE BEEN TRYING TO DO TO THE BEST OF 16 OUR ABILITY. WE'VE ALL NEGOTIATED IN GOOD FAITH, I THINK, AND, YOU KNOW, WE'VE BEEN IT'S BEEN VERY SPIRITED. I'VE TRIED TO REPRESENT YOUR INTERESTS, THEY'VE TRIED TO REPRESENT THEIR INTERESTS, AND WE'VE MADE A LOT OF PROGRESS. BUT AT THE POINT IN TIME AT WHICH WE START SPENDING PUBLIC DOLLARS FOR SOMETHING, YOU KNOW, THAT WE ARE ACQUIRING AN AGREEMENT FROM ANOTHER PARTY, YOU KNOW, NOW WE'RE INTO THE DETAILS. WE HAVE TO MAKE VERY INTELLIGENT DECISIONS ABOUT HOW . . 17 18 19 20 21 22 23 24 . 25 79 1 WE TURN AROUND AND REPRESENT TO THE PUBLIC HOW WE 2 SPENT THEIR DOLLARS IN THIS AGREEMENT. 3 BECAUSE THERE'S A LOT OF THINGS HAPPENING IN 4 THIS AGREEMENTj ONE, I QUESTION WE HAVE TO DO 5 ANYHOW. AND NUMBER TWO, IF WE DO IT, DOES IT MAKE 6 GOOD SENSE? AND DOES IT NOT ONLY MAKE GOOD 7 ECONOMIC SENSE FROM THIS COMMISSION, IS IT GOOD 8 PUBLIC POLICY? 9 SO I HATE TO DO THIS TO YOU, BUT YOU'RE GOING 10 TO HAVE TO DIG IN ON THESE ISSUES AND GIVE ME SOME 11 DIRECTION, BECAUSE I DON'T WANT TO GO ANY FURTHER 12 WITH THIS, BECAUSE I DON'T THINK IT CAN BE VERY 13 CONSTRUCTIVE UNTIL YOU KNOW THE ISSUES AND YOU 14 UNDERSTAND WHAT WE'RE FACED WITH EVERY TIME WE 15 COME TO THE TABLE. 16 MR. MILLER: WE'VE BEEN GOING OVER THESE DOCUMENTS NOW FOR TWO YEARS, SOMETIMES IN MORE DETAIL, SOMETIMES LESS. BUT IF YOU'RE ASKING US AGAIN TONIGHT TO GIVE YOU MORE GUIDANCE ON WHETHER A PARK OUGHT TO BE MOVED 18 FEET TO THE RIGHT OR TWO BLOCKS TO THE LEFT, IF YOU'RE ASKING THIS COMMISSION TO DISCUSS EXACTLy'WHERE WE THINK THE TRAIL OUGHT TO BE, IF YOU'RE ASKING, AT LEAST MYSELF, TO GET INTO GREAT DISCUSSIONS IN DETAIL ABOUT, YOU KNOW, THE COST OF . . . 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SEWER AND WATER ON THE PROPERTY, WHERE IT OUGHT TO BE, I DON'T KNOW WHY WE NEED THE CITY STAFF. I PERSONALLY AM READY TO -- I MEAN, WHAT IS YOUR POSITION RIGHT NOW? WOULD YOU LIKE US -- DO YOU FEEL COMFORTABLE THAT WE SHOULD JUST PROCEED WITH ADOPTION OF THE ORDINANCE AND THESE ITEMS CAN BE WORKED OUT LATER? OR ARE YOU TELLING ME THAT YOU HAVEN'T DOTTED EVERY "I" AND CROSSED EVERY "T" THAT YOU NEED BEFORE WE CAN PROCEED? BECAUSE IF THAT'S THE CASE, I THINK THIS IS A DEAD ISSUE. WE OUGHT TO JUST STOP THIS WHOLE THING AND BUILD WHATEVER THEY WANT TO BUILD AND PUT A WAL-MART IN. MR. MCLEMORE: IN ANY NEGOTIATION, YOU GET TO THE POINT WHERE YOU HAVE AN AGREEMENT OR YOU WIND UP WITH ISSUES THAT ARE UNSOLVABLE. I MEAN, YOU HAVE TO GO TO A HIGHER AUTHORITY TO UNLOCK THE ISSUES OR EITHER SAY "YES" OR "NO" OR GO BACK AND TRY SOME MORE. THAT'S WHERE WE'RE AT, AND IT WON'T GO AWAY. MR. MILLER: JUST FOR THE RECORD, THEN, I FEEL VERY COMFORTABLE ABOUT GOING FORWARD RIGHT NOW AND LETTING ALL THESE DETAILS BE WORKED OUT AFTER WE APPROVE THE TOWN CENTER ORDINANCE. 24 25 MR. MCLEMORE: I THINK YOU CAN GIVE US SOME REAL GUIDANCE TONIGHT AS TO WHERE YOU WANT US TO . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 81 GO ONCE YOU UNDERSTAND WHAT THE ISSUES ARE. MAYOR PARTYKA: OKAY. COMMISSIONER MARTINEZ, YOU'RE NEXT, BUT WOULD YOU WANT TO WAIT UNTIL HE DELINEATES THE ISSUES, OR DO YOU WANT TO SAY SOMETHING NOW? MR. MARTINEZ: NO. I WANT TO SAY IT NOW. CITY MANAGER, THESE VERY SIX ITEMS THAT HAVE BEEN READ INTO THE RECORD JUST BEFORE -- AND I KNOW COMMISSIONER MILLER WAS KIDDING ABOUT A WAL-MART BECAUSE MR. MILLER: YOUR DARN RIGHT I WAS. MR. MARTINEZ: -- WE CERTAINLY DON'T WANT A WAL-MART IN OUR BACKYARD. BUT, ANYWAY, AREN'T THESE THE VERY SAME POINTS THAT HAVE BEEN DELAYING THIS PROJECT FOR A YEAR AND A HALF? MR. MCLEMORE: A LOT OF THEM, YES. A LOT OF THEM, YES. MR. MARTINEZ: THESE ARE THE SALIENT POINTS THAT HAVS COME UP TIME AND TIME AGAIN. AND EVERY TIME WE DECIDE TO MOVE FORWARD, THERE'S AN OBJECTION. AND THEN IT GOES BACK TO THE TABLE AND IT COMES BACK, AND THERE'S AN OBJECTION. ISN'T IT A FACT THAT -- AND I SAID THIS OVER A YEAR AND A HALF AGO WHEN I ADDRESSED . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 82 MR. SCHRIMSHER HERE. I ASKED HIM TO PLEASE ALLOWS US TO DEVELOP THE VISION THAT WE HAD IN MIND, AND IF THE TIME CAME THAT WE HAD TO MAKE CHANGES BECAUSE OF XYZ, THAT WE WOULD WORK WITH HIM TO MAKE THOSE CHANGES. I SAID THAT TO HIM OVER A YEAR AND A HALF AGO RIGHT FROM THIS PODIUM. BUT ANYWAY, THERE APPEARS TO BE NO END TO THIS. AND THESE SIX POINTS HAVE BEEN HERE FOR THE LONGEST TIME AND IT APPEARS THAT THERE'S NO SOLUTION, BECAUSE WE HAVE A VISION OF HOW WE WANT TO DO THIS, AND THEY WANT TO DO IT THEIR WAY. AND AS LONG AS THAT GOES ON, YOU'RE GOING TO BE LOCKING HORNS AND YOU WILL. NEVER REACH A CONSENSUS ON THE TOWN CENTER. MR. MCLEMORE: IN ANY NEGOTIATIONS, IT'S A VERY DYNAMIC PROCESS, AS YOU KNOW. MR. MARTINEZ: I KNOW. MR. MCLEMORE: AND THINGS COME AND THINGS GO. AND YOU HOPE ONCE YOU SETTLE AN ISSUE, IT DOESN'T COME BACK ON THE TABLE, BUT IT HAS. BUT THERE'S A LOT AT STAKE FOR BOTH PARTIES. MR. MARTINEZ: I UNDERSTAND THAT. MR. MCLEMORE: AND WHERE I THINK WE'RE AT IS I WANT YOU TO SEE WHAT I THINK ARE -- AND I THINK BOTH PARTIES AGREE THAT THESE ARE THE ISSUES NOW . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 83 THAT WE HAVE TO RESOLVE IN ORDER TO CLOSE THIS NEGOTIATION. BUT THESE ARE SUBSTANTIAL ISSUES, AND I NEED DIRECTION FROM YOU ON WHAT YOUR POSTURE IS. DO YOU WANT TO SAY, WE AGREE, WE AGREE WITH STAFF, WE DON'T AGREE WITH SCHRIMSHER, WE AGREE WITH SCHRIMSHER, WE DON'T AGREE WITH STAFF, OR YOU-ALL GO BACK AND WE CAN GIVE YOU SOME INDICATION OF WHAT WE'RE WILLING TO ACCEPT AND TRY TO COME TO CLOSURE ON THESE ISSUES? MR. MARTINEZ: I THINK WE CAN EXPECT REASONABLE PEOPLE. I MEAN, YOU SAY THE NEGOTIATIONS ARE VERY TIRING, THEY'RE A VERY SINCERE EFFORT, SO ON AND SO FORTH. WELL, WE CAN EXPECT REASONABLE PEOPLE TO SIT DOWN AND NEGOTIATE FOR 18 MONTHS AND NOT EVEN AGREE ON ONE OF THE SIX ITEMS THAT HAVE BEEN PLAGUING US SINCE THE BEGINNING. THERE'S GOT TO BE SOMETHING WRONG HERE. AND I'M OF THE OPINION THAT, LIKE COMMISSIONER MILLER, WE SHOULD GO FORWARD AND, LIKE I SAID BEFORE, LET THE CHIPS FALL WHERE THEY MAY. MR. MCLEMORE: WELL, MY -- MR. MARTINEZ: AND NEGOTIATE AFTER. MR. MCLEMORE: MY RECOMMENDATION TO YOU WAS, . . 18 19 20 21 22 23 24 . 25 84 1 LET'S FOLLOW OUT WHAT YOUR DIRECTION WASj THAT 2 WAS, BRING TO YOU ON THIS DATE THE REMAINING 3 ISSUES AND DO WHAT WE SAID WE WOULD DO. THEN YOU 4 GIVE ME THE DIRECTION THAT YOU WANT US TO FOLLOW: 5 GO NEGOTIATE MOREj SAY NO, WE'RE NOT GOING TO 6 NEGOTIATE ANYMOREj OR MAKE SOME 'AMENDMENTS TO PUT 7 ON THE TABLE AND SAY, WE WILL AGREE TO THIS WITH 8 THESE AMENDMENTS. NO MATTER WHAT WE DO IN THE 9 END, THIS COMMISSION HAS TO APPROVE THAT 10 AGREEMENT. 11 MAYOR PARTYKA: OKAY. QUESTION. 12 COMMISSIONER MILLER, YOU HAVE A COMMENT? 13 MR. MILLER: YES. THANK YOU, MR. MAYOR. I 14 JUST WANTED TO -- I FOUND THAT HERE. I JUST WANT 15 TO READ IT INTO THE RECORD, BECAUSE, AGAIN, IT 16 DEALS WITH THIS ENTIRE DOCUMENT THAT WAS CRAFTED 17 LN 1998, TWO YEARS AGO. AND IT SAYS, THE BUILD-OUT DRAWINGS ON PAGE 10 OF THIS CODE, PAGE 6, ADOPTED MASTER PLAN SHALL SERVE AS A GUIDANCE TO THE DEVELOPMENT REVIEW COMMITTEE WITH REGARD TO THE CITY'S INTENT TO LAND DEVELOPMENT IN THE TOWN CENTER. THE IMAGES CONTAINED IN THIS CODE ARE MEANT TO DEMONSTRATE THE CHARACTER AND INTENT FOR THE TOWN CENTER BUT ARE FOR ILLUSTRATIVE PURPOSES ONLY. THE . . 18 19 20 21 22 23 24 . 25 85 1 ACCOMPANYING TEXT AND NUMBERS ARE RULES THAT 2 GOVERN THE PERMITTED DEVELOPMENT. 3 THAT LATTER SENTENCE DEALS WITH THE ACTUAL 4 WIDTHS OF THE STREETS AND THE HEIGHT OF BUILDINGS 5 AND SUCH, BUT IT DOESN'T SPECIFY WHERE THE 6 BUILDINGS ARE GOING TO BE OR WHERE THE STREETS ARE 7 GOING TO BE OR WHERE THE SEWERS ARE GOING TO BE OR 8 WHERE THE PARKS ARE GOING TO BE. I MEAN, THIS 9 ALL 10 MR. GRINDSTAFF: THE STAFF WANTS TO CARVE 11 THOSE OUT. 12 MAYOR PARTYKA: PLEASE. PLEASE. ONE AT A 13 TIME. 14 MR. MILLER: ANYWAY, THAT'S MY -- I JUST 15 WANTED TO READ THAT. THANK YOU. 16 MAYOR PARTYKA: LET ME MAKE A COMMENT HERE. 17 JUST SO WE GET THIS FROM A POSITIVE STANDPOINT. WE'LL TAKE A BREAK AT 9 O'CLOCK, FIVE MORE MINUTES. FROM A POSITIVE STANDPOINT, MR. MCLEMORE, IF I'M CLEAR HERE, FIRST OF ALL, HEAVY DISCUSSIONS HAVE ONLY OCCURRED IN THE PAST SIX MONTHS IN TERMS OF ONE-ON-ONE DISCUSSIONS AFTER THIS WHOLE JOSHI ISSUE. THAT'S, IN EFFECT, WHERE THEY GOT TO BE SERIOUS. AND I BELIEVE YOUR RECOMMENDATIONS HAVE . . 17 18 19 20 21 22 23 24 . 25 86 1 BEEN IN THE PAST TO HAVE THESE NEGOTIATIONS. IT 2 WASN'T FORCED UPON YOU. 3 NOW, NUMBER TWO, THOUGH, HAD THIS BEEN A 4 POSITIVE EXPERIENCE UP TO THIS POINT, DID WE GET 5 TO A CERTAIN THRESHOLD, 80 PERCENT, 85, 70, 6 WHATEVER IT WAS? 7 MR. MCLEMORE: I THINK WE MADE SOME 8 PROGRESS. WE HAVE MADE SOME PROGRESS. 9 MAYOR PARTYKA: THAT'S A GOOD START. ALL 10 RIGHT. . 11 NOW, MY QUESTION WOULD NEXT IS: BEFORE WE 12 CAN MAKE ANY KIND OF DETERMINATION AS A 13 COMMISSION, I DON'T EVEN UNDERSTAND WHAT THE 14 ISSUES ARE OTHER THAN A TITLE OF THIS. AND I 15 THINK WE NEED TO HEAR FROM YOU BEFORE WE GET TO 16 THE NEXT POINT. AND THEN, AT THAT POINT IN TIME, WE CAN SEE WHATEVER THE POTENTIAL SITUATION IS. OKAY. SO AT THIS POINT, YOU'VE HEARD COMMENTS FROM THE THREE COMMISSIONERS AND MYSELF. I THINK WE NEED TO HEAR WHAT THESE ISSUES ARE. MR. MCLEMORE: OKAY. WELL, DO YOU WANT ME TO START DIVING INTO THEM IN DETAIL? MAYOR PARTYKA: LET'S TAKE A TEN-MINUTE BREAK. WE'LL COME BACK ON THIS CLOCK, TEN AFTER. OKAY. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 87 (WHEREUPON, A BRIEF RECESS WAS TAKEN.) MR. MILLER: LET THE RECORD REFLECT THAT COMMISSIONER BLAKE IS LATE BY FIVE MINUTES. MAYOR PARTYKA: RICHARD, COULD YOU DO ME A FAVOR AS A CITIZEN? COULD YOU GET COMMISSIONER BLAKE. WE CAN'T START. MR. MCLEMORE: I JUST GRABBED HIM. MR. MILLER: WELL, WHAT HAPPENED? YOU LOST HIM AGAIN. MR. MCLEMORE: HE'S ON THE WAY. MAYOR PARTYKA: RON, WHY DON'T YOU STAY HERE, BECAUSE YOU'RE GIVING THE PRESENTATION. MR. MCLEMORE: I WAS GOING TO GO SEE IF I CAN GET HIM. MAYOR PARTYKA: MAYBE WE CAN GET MR. PULLAT. MR. MCLEMORE: HERE HE IS. MAYOR PARTYKA: ALL RIGHT. LET'S CALL THIS MEETING TO ORDER. OKAY. CITY MANAGER, YOU HAVE THE FLOOR. AUDIENCE PARTICIPANT: YOUR MIKE IS OFF, RON. MR. MCLEMORE: I THINK THE BIGGEST ISSUE I WANT TO GO TO -- I'LL GO TO THE TRAIL REALIGNMENT ISSUE FIRST, AND I THINK THAT'S ONE OF THE BIGGER ISSUES THAT WE NEED TO TRY TO RESOLVE. IF YOU'LL REMEMBER, THE INITIAL ALIGNMENT , 1 2 3 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 19 20 21 22 - --.. 23 24 . 25 88 IF YOU HAVE YOUR CODE IN FRONT OF YOU, YOU'LL SEE -- AND, KIP, YOU MIGHT WANT TO THROW THAT UP IN FRONT OF IT, OR YOU CAN JUST POINT IT OUT ON THIS MAP, THE ORIGINAL ALIGNMENT, AND THEN THE PROPOSED ALIGNMENT. MR. MARTINEZ: IT'S ON THE SAME PAGES OF IT. MR. MCLEMORE: THIS IS THE ORIGINAL ALIGNMENT RIGHT HERE. NO. NO. IN THE ORIGINAL PLAN; THE ORIGINAL TOWN CENTER PLAN. THAT IS THE UNPAVED PORTION OF THE ORIGINAL ALIGNMENT. OKAY. AND THE PAVED PORTION CAME DOWN LIKE THIS. YES, IT CAME OUT AND EXITED AT THAT POINT. WHAT IS BEING PROPOSED BY THE SCHRIMSHERS IS TO MOVE THE UNPAVED PORTION, THAT UNPAVED PORTION, TO THE EDGE, THE EASTERN EDGE OF WETLAND PARK, TO CONTINUE OUT THIS WAY ALONG WHAT WOULD BE THE PUBLIC OR COMMON PROPERTIES, AND EXIT AT THE SAME I I PLACE THAT THE -- THAT WAS ORIGINALLY PROPOSED FORI THE PAVED SECTION. THAT HAS SOME IMPACT ON ONE OF THE PROPOSED PARKS. I THINK THIS IS A LAKE PARK IN HERE, IF YOU'LL SHOW THAT, CHARLES. NO. GO NORTH. I MEAN GO THE OTHER WAY. RIGHT HERE. RIGHT HERE. SO THERE'S TWO ISSUES RELATED TO THIS. ONE IS MOVING THE ALIGNMENT, THE UNPAVED SECTION, TO . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 89 THE EDGE OF WETLAND PARK. AND THEN WHAT HAPPENS TO LAKE PARK? AND THAT'S NOT CLEAR YET. I THINK IT WAS INDICATED THAT THAT PARK MIGHT BE CUT DOWN IN SIZE. THAT'S AN ISSUE. AND OUR CONCERN, OF COURSE, WAS, RIGHT FROM THE BEGINNING, WE SAID THAT A MAJOR DESIGN OBJECTIVE FOR OUR PLANNER, DOVER COLE, WAS HOW TO GET AND SEPARATE THE HORSE TRAIL FROM THE PEOPLE TRAIL SO THAT WE DID NOT HAVE THE HORSES IN THE MIDDLE OF THE TOWN CENTER AND BE FACED WITH THE (INAUDIBLE) BY HOUR CLEAN-UP ISSUE AND BE FACED WITH HORSES INTERTWINED WITH PEOPLE. AND THOSE OF YOU MAY OR MAY NOT KNOW THAT IN THE EXISTING TRAIL IN THE CITY THAT LINK -- THERE'S BEEN CONSTANT ISSUES AND COMPLAINTS FILED WITH THE COUNTY RELATIVE TO THE HORSE PEOPLE, RELATIVE TO THE IMPACT THAT THE HORSES HAVE ON THE TRAIL OUT THERE AND ON THE NEIGHBORS. SO THE IDEA WAS WE WOULD PUSH THE HORSE TRAIL, THE UNPAVED SECTION, AS FAR EAST AS WE COULD. THEREFORE, THE ONLY BOUNDARY -- IT WOULD HAVE A ONE-SIDED BOUNDARY. IT WOULD-- THE PARTITIONS COME IN CONTACT WITH PEOPLE, AND THE OTHER SIDE WAS SIMPLY IN THE WOODS. SO IT MINIMIZED THE IMPACT ON PEOPLE, AND THAT WAS THE . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . 90 LOGIC OF THE PLAN WAS BY SPLITTING IT, WE HAD THE IDEAL SITUATION. NOW, BRINGING THIS PLAN IN,. IT GIVES US MORE AREA WHERE YOU HAVE POTENTIAL IMPACTS OF HORSES AND PEOPLE. IT REDUCES THE AMOUNT OF LAND THAT THE SCHRIMSHERS WOULD HAVE TO GIVE UP IN ORDER TO MEET THEIR REQUIREMENT, BECAUSE THEY WOULD, IN EFFECT, BE PUTTING IN LAND WHICH WE ARE PURCHASING FROM THEM IN THIS AGREEMENT. SO WHAT NEEDS TO BE ADDRESSED IS, IS THE COMMISSION WILLING TO ACCEPT THE REALIGNMENT OF THE UNPAVED SECTION AND IS THE COMMISSION WILLING TO ACCEPT THE REDUCTION IN LAKE PARK, UNDERSTANDING THAT THIS IS A POTENTIALLY VALUED OR WHAT WE TRY TO HAVE, A VALUE-FOR-VALUE AGREEMENTj THAT IS, WE ARE DOING CERTAIN THINGS OF VALUE AND THEY'RE GIVING CERTAIN THINGS O~ VALUE. THIS IS A BIGGIE IN THE EYES OF THE LANDOWNER. AND I THINK IT'S A SUBSTANTIAL CHANGE AND ONE THE STAFF REALLY HAS NOT BEEN IN FAVOR OF. SO THAT ISSUE NEEDS TO BE RESOLVED. AND UNTIL THAT ISSUE IS RESOLVED, THERE'S NOTHING ELSE WE CAN DO AS A NEGOTIATING TEAM UNTIL WE KNOW WHAT YOUR WISHES ARE RELATIVE TO THAT ISSUE. NOW, DO YOU DESIRE TO STOP HERE AND HEAR FROM . . . 14 15 16 17 18 19 20 21 22 23 24 25 91 1 THE PROPERTY OWNER BEFORE WE GO ON TO THE NEXT 2 ISSUE? 3 MAYOR PARTYKA: OKAY. 4 MR. MCLEMORE: I THINK THAT WOULD BE 5 APPROPRIATE. 6 MAYOR PARTYKA: I WANT TO ASK ONE MORE TIME. 7 THE CHOICES, GIVE ME THE CHOICES REAL SIMPLE. 8 GIVE ME THE CHOICES. 9 MR. MCLEMORE: THE CHOICES ARE: DO YOU AGREE 10 TO THE REALIGNMENT, AS THEY PROPOSE IT, OF THE 11 UNPAVED SECTION? YOU WOULD AGREE OR YOU DON'T 12 AGREE. AND IF SO, YOU WOULD AGREE OR NOT AGREE TO 13 SOME REDUCTION IN THE SIZE OF THE LAKE PARK. NOW, YOU COULD AGREE TO THE ALIGNMENT AND NOT AGREE TO ANY CHANGE IN THE SIZE OF THE LAKE PARK. SO THERE ARE REALLY THREE OPTIONS. MAYOR PARTYKA: OKAY. ALL RIGHT. COMMISSIONER BLAKE, DO YOU HAVE A QUESTION? DO YOU WANT TO ASK NOW OR DO YOU WANT TO WAIT? OKAY. MR. BLAKE: NOW, MR. MCLEMORE. MR. MCLEMORE: YES, SIR. MR. BLAKE: WHY ARE THEY NOT SATISFIED WITH WHERE THE TRAIL -- THE UNPAVED TRAIL IS CURRENTLY ALIGNED? DOESN'T THAT ACTUALLY RUN RIGHT ALONG . . 17 18 19 20 21 22 23 24 25 . 92 1 WETLANDS FOR ALL BUT THE VERY NORTHERN END THERE? 2 MR. MCLEMORE: YES, IT DOES. 3 MR. BLAKE: IN THE VERY NORTHERN END, IS 4 THAT -- THAT'S ACTUALLY IN UPLANDS AT THAT POINT. 5 MR. MCLEMORE: AT THAT POINT. 6 MR. BLAKE: AND IT' RUNS RIGHT ALONG THE BACK 7 SIDE OF ST. JOHN'S LANDING. 8 MR. MILLER:, THAT'S CORRECT. 9 MR. BLAKE: OKAY. WHY IS THAT ALIGNMENT NOT 10 ACCEPTABLE TO THEM? WHAT DO THEY GAIN IN TERMS OF 11 DEVELOPABLE PROPERTY? IT DOESN'T LOOK TO ME 12 IT'S STILL ALL SINGLE-LOADED ROADWAY. WELL, MAYBE 13 NOT. GIVE ME JUST A SECOND HERE. IT LOOKS TO ME 14 AS THOUGH THIS -- DID SOMEONE TURN THIS UP WHILE 15 WE WERE OUT? 16 MR. MCLEMORE: NO. MAYOR PARTYKA: YES, THEY DID. MR. BLAKE: OKAY. MAYOR PARTYKA: YOU CAN NOW SIT BACK NORMALLY AND TALK. . MR. BLAKE: DOESN'T THIS ALIGNMENT OF THE TRAIL, AS IT CURRENTLY STANDS, BASICALLY EDGE THE WETLAND FROM THE SOUTH EDGE THERE WHERE IT SEPARATES ALL THE WAY UP TO WHERE ST. JOHN'S LANDING IS? . . 19 20 21 22 23 24 . 25 93 1 MR. MCLEMORE: A LARGE PORTION OF THIS 2 BOUNDARY IS THE WETLANDS. 3 MR. BLAKE: SO MY CORE QUESTION REMAINS: 4 WHAT DOES THE LANDOWNER GAIN BY MOVING THIS? 5 MR. MCLEMORE: I THINK THE LANDOWNER NEEDS TO 6 REPRESENT THAT TO YOU. 7 MR. BLAKE: I'M ASKING YOU, THOUGH. I'M 8 GOING TO ASK THE LANDOWNER IN A MINUTE. 9 MR. MCLEMORE: I THINK THAT -- I THINK THERE 10 IS SOME ADDITIONAL UPLANDS THAT HE BELIEVES IS 11 DEVELOPABLE. 12 MR. BLAKE: WHERE? 13 MR. MCLEMORE: A PORTION, PROBABLY, OF THE 14 LAKE PARK. 15 MR. BLAKE: I'D LIKE TO ASK THE SAME 16 QUESTION, MAYOR. 17 MAYOR PARTYKA: ANYONE ELSE AT THIS POINT? 18 OKAY. WHOEVER, MR. SCHRIMSHER OR MR. GRINDSTAFF. MR. SCHRIMSHER: YES. MR. BLAKE: SAME QUESTION. MR. SCHRIMSHER: WHY DO I PREFER THAT? MR. BLAKE: OBVIOUSLY, YOU PREFER THE REALIGNMENT. I'M CURIOUS WHY. I'M LOOKING FOR SOME UNDERSTANDING HERE. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 94 MR. SCHRIMSHER: I THINK IT'S A BETTER DESIGN. I THINK IT'S AS GOOD OR BETTER FOR THE CITY, AS WELL AS FOR US. THE CURRENT ALIGNMENT, IT'S TRUE, HUGS THE WETLAND LINE. SO DOES THE NEW ONE, BASICALLY. ALL THESE ISSUES KIND OF INTERRELATE. THERE'S A VARIETY OF THINGS. THERE'S THE ISSUE OF ALONG ST. JOHN'S -- AND LIKE I SAY, IT'S GOING TO INTERRELATE WITH OTHER ISSUES. MR. BLAKE: I UNDERSTAND. MR. SCHRIMSHER: ALONG ST. JOHN'S LANDING, THERE APPEARS TO BE A DESIRE ON THE CITY'S PART TO PROTECT ST. JOHN'S LANDING FROM TOWN CENTER. AS MENTIONED, THERE'S A NEW REQUIREMENT THAT'S DESIRED TO CONSTRUCT A WALL. THERE IS ALSO MR. BLAKE: IF I MIGHT, YOU DO UNDERSTAND THAT IF THE PROPERTIES ADJACENT TO ST. JOHN'S LANDING ARE DEVELOPED WITH SOME HIGHER THAN SINGLE-FAMILY INTENSITY USE, THAT IT'S REQUIRED, ANYWAY, TO HAVE A WALL BUILT? MR. SCHRIMSHER: IF THAT'S TRUE, THEN THAT'S NOT NEEDED TO BE IN THIS AGREEMENT AND IT'S NOT AN ISSUE. BECAUSE, REALLY, WHAT WE WANT IS TO BE TREATED SIMILARLY TO OTHER PROPERTY OWNERS AND DEVELOPERS IN THE CITY OF WINTER SPRINGS. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 95 MR. MCLEMORE: WE WANT IT WITH ONE CAVEAT. MR. SCHRIMSHER: WHAT'S THAT? MR. MCLEMORE: THIS IS AN AGREEMENT BASED ON CERTAIN THINGS WHICH WE NEGOTIATE BASED ON A VALUE-FOR-VALUE SITUATION, WHICH MAY BE MORE OR LESS THAN WHAT IS A NORMAL STANDARD. MR. BLAKE: GREAT ARGUMENT. MR. SCHRIMSHER: I'LL TRY TO -- SO OBVIOUSLY, THIS IS NOT A TYPICAL SITUATION. MR. BLAKE: NO, IT ISN'T. THAT'S WHY I'M TRYING TO UNDERSTAND. MR. SCHRIMSHER: SECONDLY-- MR. BLAKE: WHEN I LOOK AT THIS, INTUITIVELY, TO ME, IT LOOKS LIKE -- OKAY. I DON'T UNDERSTAND WHY -- I'LL BE HONEST WITH YOU. I DON'T UNDERSTAND WHY YOU'D WANT THE HORSE TRAIL, THE UNPAVED PORTION, AT THE DASHED LINE AS OPPOSED TO THE SOLID LINE, TOO. TO MY EYE, IT JUST SEEMS AS THOUGH YOU HAVE MORE DEVELOPMENT AREA AVAILABLE HAVING IT ON THE OUTSIDE AND COULD MAKE BETTER USE OF THE OTHER LANDS WITH TYPES OF USES THAT MIGHT BE INTERFERED WITH BY A HORSE TRAIL AT THAT LOCATION. THAT'S WHAT IT SEEMS TO ME. THAT'S WHY I'M ASKING YOU. I KNOW YOU THOUGHT THIS OUT AND UNDERSTAND WHY YOU . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 96 WANT TO MOVE IT. I'M TRYING TO UNDERSTAND THAT. MR. SCHRIMSHER: OKAY. I'M SORRY IT HAS TO MELT DOWN THIS WAY TO THIS KIND OF DISCUSSION. PRESSING ON, ANOTHER DISAPPOINTMENT ABOUT THE CURRENT ALIGNMENT IS THAT, DESPITE THE FACT THAT THERE WOULD BE, IT WOULD APPEAR, REQUIRING TO HAVE A WALL, AND THE HORSE TRAIL ITSELF IS NOT CONSIDERED A BUFFER, BUT THAT THERE'S AN ADDITION TO THE HORSE TRAIL REQUIRED TO WHATEVER BUFFER ALSO IS IN THE CITY OF WINTER SPRINGS' CODE. SO, AGAIN, IT JUST APPEARS THAT THE CITY FEELS A NEED TO PROTECT ST. JOHN'S LANDING. MR. BLAKE: WE'RE GETTING ON BACK TO ST. JOHN'S. MR. SCHRIMSHER: THE PROBLEM IN THE TOWN CENTER IS IT NEEDS A WALL, AN 8-FOOT MASONRY WALL. IT NEEDS A HORSE TRAIL AND A BUFFER TO PROTECT IT. GOING ON, NO MATTER HOW YOU SLICE IT, YOU CAN'T MAKE THE HORSE TRAIL FOLLOW EXACTLY THE JURISDICTIONAL LINE, AND SO UPLANDS ARE TRAPPED BEHIND IT AND THEN ARE NO LONGER CONTIGUOUS TO THE OTHER UPLANDS THAT WERE BEING DEVELOPED. AND LIKEWISE -- MR. BLAKE: IS THAT A LOT OF AREA? . . . 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 MR. SCHRIMSHER: WHAT'S THAT? MR. BLAKE: WOULDN'T YOU HAVE THE SAME ISSUE WHERE IT'S DEVELOPED? MR. SCHRIMSHER: ALSO, IT'S A MATTER OF CONTROL OF PRIVATE PROPERTY. IT CUTS US OFF. IT CREATES A RIBBON OF OWNERSHIP BY A STATE AGENCY THAT BISECTION OF PROPERTY. IT CUTS US OFF FROM OTHER PROPERTY WE OWN, BOTH UPLAND AND WETLAND. MR. BLAKE: IT DOESN'T DO THE SAME IF IT'S AT THE PREFERRED ALIGNMENT? MR. SCHRIMSHER: AT THE PREFERRED ALIGNMENT, IT DOESN'T, NO. BECAUSE, AS YOU CAN SEE, THE PROPERTY IS ALREADY RINGED ENTIRELY BY A ROAD AND/OR A TRAIL, ALL OF WHICH IS ALREADY OWNED BY THE CITY AND/OR THE STATE. AUDIENCE PARTICIPANT: YOU'RE GOING TO HAVE SOME HORSE ISSUES IF YOU PUT THAT HORSE TRAIL NEXT TO A ROAD. MAYOR PARTYKA: JUST A MINUTE. HOLD IT. IF ANYONE NEEDS TO SPEAK, I HAVE NO PROBLEM WITH THAT UNDER THIS KIND OF SITUATION. BUT YOU HAVE TO COME UP AND SPEAK. IT MEANS NOTHING BY JUST THROWING OUT SOMETHING. MR. SCHRIMSHER: I SEE IT AS PRETTY SIMILAR. THE CURRENT ALIGNMENT TAKES YOU ACTUALLY ACROSS OR -', . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 98 NEAR TO A WETLANDS DURING ITS ENTIRE TRACK. AND SO DOES THE NEW ALIGNMENT. IT TAKES YOU NEAR A PROPOSED RETENTION POND, BODY OF WATER. AS FAR AS PASSING NEAR A ROAD, I THINK THE HORSES WHO HAVE RIDDEN ON TRAILS, I GUESS, JUST HAVE TO CROSS ROADS. I THINK IT ALSO SHOULD BE NOTED THAT THE CURRENT TRAIL, THAT'S SUPPOSED TO BE A MULTI-USE TRAIL, THAT EXISTS DOES NOT HAVE A SEPARATE HORSE TRAIL. YOU CAN -- THEY HAVE A PLACE TO PARK HORSE TRAILERS AND THEY HAVE A LITTLE HORSE PATH ALONGSIDE OF THE PAVED PATH UNTIL YOU -- JUST ON THE SPUR. BUT ONCE YOU REACH THE MAIN LINE AND DECIDE WHETHER TO GO TOWARD OVIEDO OR TOWARD WINTER SPRINGS, IF YOU'RE ON A HORSE, YOU'VE GOT TO RlrE ON THE ASPHALT TRAIL OR TRY TO RIVE ALONG THE EDGE OF IT IN THE DITCH OR ON THE SIDE OF THE -- YOU KNOW, BASICALLY, ON THE SIDE OF THE ROAD WITH NO SEPARATION WHATSOEVER BETWEEN YOU AND THE KIDS ON BIKES, KIDS ON ROLLER BLADES, LADIES PUSHING BABY STROLLERS. - SO THIS IS THE ONLY PLACE IN THE WHOLE TRAIL THAT I KNOW OF WHERE -- MR. BLAKE: JUST FOR THE RECORD, AND YOU'D BE . . . 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HARD PRESSED TO FIND SOMEBODY WHO'S ON THE TRAIL MORE THAN I AM, ACTUALLY, BECAUSE IT'S NEAR THE BACK OF MY NEIGHBORHOOD. I'LL TELL YOU THAT'S NOT EXACTLY CORRECT. THERE ARE AREAS OF THE CURRENT TRAIL WHERE HORSES AND PAVED AREA ARE ADJACENT TO ONE ANOTHER. BUT THE MAJORITY OF IT, THE HORSES ARE ACTUALLY QUITE WELL REMOVED FROM THE PAVED PORTION THROUGH ANOTHER BLAZED TRAIL THAT'S UNPAVED THAT DOES PARALLEL WITHIN THE CORRIDOR THAT HORSES GO ON. AND I'VE BEEN ON MUCH OF THAT. SO IT DOES -- THAT DOES EXIST. MR. SCHRIMSHER: DO YOU ALSO HAVE A COUNT OF HOW MANY HORSES USE THIS TRAIL IN A GIVEN WEEK OR MONTH? MR. BLAKE: NO. MR. SCHRIMSHER: IN OTHER WORDS, I THINK IN THE TOWN CENTER, THE HORSE -- THE EQUESTRIAN FOLKS ARE BEING ACCOMMODATED BETTER -- AS GOOD OR BETTER THAN ANYWHERE ELSE THAT I'M AWARE OF IN THE ENTIRE LENGTH OF THIS TRAIL. A~YWAY, BECAUSE OF THE IRREGULAR SHAPE OF THE WETLAND PARK, THE ISOLATED WETLAND THAT CREATES THE WETLAND PARK, IT'S -- AGAIN, YOU CAN'T DESIGN A ROAD TO HUG THAT LINE. AND SO, INEVITABLY, SOME 100 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - --- 23 24 25 . . UPLANDS ~RE TRAPPED BETWEEN THE ROADWAY AND THE WETLAND JURISDICTIONAL LINE. MR. BLAKE: WHICH IS THE SAME ARGUMENT AS IF THE TRAIL REMAINS WHERE IT IS, IS IT NOT? MR. SCHRIMSHER: NO. WELL, SIMILAR EXCEPT THAT THE WETLAND PARK -- IF THIS IS GOING TO BE OWNED -- MR. BLAKE: WETLAND PARK IS THE 23.4 ACRE MR. SCHRIMSHER: RIGHT. IT'S TO BE OWNED BY THE CITY AND/OR STATE. WHEREAS, THIS IS PROPERTY, YOU KNOW, WE OWN. SO I DON'T NEED TO HAVE ACCESS, AS PROPERTY OWNER, CONTROL, OR BE CONCERNED ABOUT BEING -- HAVING THE PROPERTY BISECTED OR BEING CUT OFF FROM ACCESS OR CONTIGUOUS. MR. BLAKE: BUT YOUR PROPERTY IS CURRENTLY BISECTED BY THE EXISTENCE OF A TRAIL AS IT IS TODAY, ISN'T IT? MR. SCHRIMSHER: YES. MR. BLAKE: AND THE EARLIER DECISION, YEARS AGO, PERHAPS BY THIS TIME -- IF NOT A YEAR AGO -- TO WORK TO HAVE THE TRAIL REALIGNED WAS AN EFFORT NOT JUST TO BENEFIT THE CITY AND TO BENEFIT THE TOWN CENTER IDEA, IF YOU WILL, BUT TO BENEFIT YOU AS A LANDOWNER, AS WELL. BECAUSE OF THAT ~ . . i 101 1 BISECTION, WE'RE TRYING TO MOVE IT INTO AN AREA 2 THAT WOULD GIVE YOU LARGER PARCELS, MORE USABLE 3 PROPERTY, THAT WOULD INCREASE YOUR (INAUDIBLE) 4 VALUE, WOULD IT NOT? 5 MR. SCHRIMSHER: I'M SORRY IF MY EXPLANATION 6 DOESN'T SATISFY YOU. BUT, YES, EVERYTHING THAT 7 YOU JUST SAID IS UNDERSTOOD. 8 MR. BLAKE: I'M JUST TRYING TO UNDERSTAND, 9 MIKE. 10 MR. SCHRIMSHER: I KNOW. 11 MR. BLAKE: WHEN I LOOK AT THIS AGAIN -- AND 12 I UNDERSTAND YOUR ISSUE THAT THIS -- THE CURRENT 13 LOCATION WOULD CAUSE A BISECTION OF YOUR PROPERTY. 14 MR. SCHRIMSHER: THERE'S ALSO THE ISSUE OF 15 SQUARING OFF WHEN YOU HAVE A WETLAND LINE, WHERE 16 DEVELOPABLE UPLANDS CAN BE -- CAN ENCROACH IN 17 EXCHANGE FOR -- 18 MR. BLAKE: RIGHT. I UNDERSTAND THAT. 19 MR. SCHRIMSHER: WHICH, AGAIN, IS AN 20 OPPORTUNITY THAT IS LOST, SO THERE IS VALUE. 21 MR. BLAKE: YOU FEEL THAT YOU WOULD HAVE, 22 NET, MORE USABLE, DEVELOPABLE LAND BY SQUARING 23 OFF -- BY BEING ABLE TO SQUARE OFF THAT WHERE THE 24 OUTER RING IS AS OPPOSED TO THE ABILITY TO SQUARE 25 OFF WHERE THAT INNER RING IS? " . . . 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SCHRIMSHER: RIGHT. AND CONTROL OVER THE PRIVATE PROPERTY WE CONTINUE TO OWN. I ALSO WANT TO MENTION -- MAKE REFERENCE TO SOMETHING MR. MCLEMORE SAID ABOUT THE LAKE PARK. I'M NOT INSISTING THAT THAT BE SMALLER. ONE OTHER GENERAL ISSUE THAT DEVISED THIS IS TRYING TO FIND A WAY TO BALANCE THE CITY'S DESIRE TO MAKE SURE THEY GET PARKS LIKE THEY WANT WITH OUR DESIRE TO HAVE FLEXIBILITY AS TO THEIR EXACT LOCATION, SHAPE, SIZE, WHATEVER. MR. BLAKE: POINT WELL TAKEN. MR. SCHRIMSHER: FOR EXAMPLE, IN THIS CASE, I JUST WANT TO POINT OUT THAT THIS WAS NOT A PARK THAT WAS TO BE -- AS FAR AS I UNDERSTAND IT, THIS -- WHAT'S BEING REFERRED TO AS LAKE PARK ON THE DRAWINGS I'VE SEEN IS BEING SHOWN AS PART OF A TWO-FOR-ONE SWAP. WE'RE REQUIRED TO GIVE TO THE STATE. MR. BLAKE: SO WHAT YOU'RE SAYING IS THAT PARK AREA IS PART OF THE ACREAGE THAT'S INVOLVED IN THAT TWO-FOR-ONE SWAP. MR. SCHRIMSHER: AT LEAST THAT'S WHAT SHOWS ON THE DRAWING I'VE SEEN THAT WAS SUBMITTED TO TALLAHASSEE. SO, YOU KNOW MR. BLAKE: SO THAT'S PART OF THE OTHER . . . 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ISSUE, THEN? MR. SCHRIMSHER: CORRECT. I MEAN, IT'S NOT A CITY PARK AS I UNDERSTAND IT. IT'S NOT CURRENTLY A CITY PARK. IT'S PART OF THE TWO-FOR-ONE LAND SWAP, WHICH I HOPE NO ONE -- I MEAN, WHILE WE'RE DEBATING HOW SERIOUSLY I'M TRYING TO HANG ON TO OWNERSHIP OF AS MUCH PROPERTY AS I CAN AND CONTROL THE PROPERTY AS MUCH AS I CAN, PLEASE NOTE THAT THERE IS A -- THAT IT'S BECOMING A DONUT WITH A HUGE HOLE IN THE MIDDLE OF IT AND' A LOT OF THINGS -- PIECES GOING ON HERE AND THERE. AND WE HAVE TO -- MR. BLAKE: I UNDERSTAND. MR. SCHRIMSHER: -- TRY TO ANTICIPATE. MR. BLAKE: THAT CERTAINLY LENDS TO SOME CERTAINLY, SOME SPECIAL CHALLENGES, BUT, ALSO, I THINK, SOME SPECIAL OPPORTUNITIES. MR. SCHRIMSHER: RIGHT. WELL, IF WE DIDN'T BELIEVE THAT, WE WOULDN'T EVEN BE HAVING THIS CONVERSATION. IF I DIDN'T THINK THERE WAS, YOU KNOW, SOME POTENTIAL BENEFIT HERE, YOU KNOW, WE'D JUST SAY, NO WAY, JOSE, IN THE FIRST PLACE. - MR. BLAKE: I'LL TELL YOU INTUITIVELY STILL, MIKE, I HAVE SOME -- I DON'T QUITE UNDERSTAND, YET, THIS MOVE. r . . If . 104 1 MR. SCHRIMSHER: I DO WANT TO GIVE YOU A 2 COUPLE MORE BENEFITS OF THISj FOR THE CITY, I 3 MEAN. IN ORDER -- BECAUSE HERE'S ANOTHER ISSUE. 4 AS FAR AS I UNDERSTOOD, I THOUGHT WE HAD AGREED, 5 OF THE THREE POSSIBLE SPINE ROADS, WHICH ONE WAS 6 TO BE SELECTED. I THOUGHT THAT HAD BEEN DECIDED. 7 AND IT HAS BEEN EXPRESSED THAT -- 8 MR. BLAKE: DID YOU WANT ONE, TWO, OR THREE? 9 MR. SCHRIMSHER: THE MIDDLE ONE. THE ONE 10 WHICH IS RED. 11 MR. BLAKE: WHICH BASICALLY FOLLOWS THE HORSE 12 TRAIL, AS YOU WISHED. 13 MR. SCHRIMSHER: RIGHT. SO, AGAIN, IN ORDER 14 TO BUILD THAT -- I THOUGHT THAT HAD BEEN DECIDED. 15 IN ORDER TO BUILD THAT ROAD, YOU MUST PERMIT IT. 16 IN ORDER TO PERMIT IT, YOU MUST SURVEY IT. ONCE 17 YOU HAVE SURVEYED THAT ROAD AND ONCE YOU HAVE 18 SURVEYED THAT WETLAND, THE JURISDICTIONAL LINE TO 19 ESTABLISH THE PARK, YOU HAVE SURVEYED THE AREA 20 BETWEEN THE TWO. YOU HAVE -- YOU KNOW, YOU'RE 21 KILLING, LIKE, THREE BIRDS WITH ONE STONE. AND 22 YOU'RE TAKING -- 23 MR. BLAKE: YOU'RE TALKING ABOUT THE SURVEY 24 THAT'S REQUIRED FOR THE STATE LEVEL IN ORDER TO DO 25 THE TRAIL SWAP? It . . 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SCHRIMSHER: WELL, THERE'S A SURVEY REQUIRED OF THE JURISDICTIONAL LINE. MR. BLAKE: I UNDERSTAND THAT. MR. SCHRIMSHER: AND THERE'S A SURVEY REQUIRED TO BUILD THE ROAD AROUND IT, IF THAT'S WHAT MR. BLAKE: AND YOU'RE TALKING ABOUT THE WORK THAT HAS TO BE DONE IN ORDER TO COMPLETE THE LAND SWAP? MR. SCHRIMSHER: RIGHT. AND YOU HAVE PUT A -- IT DOESN'T LOOK LIKE IT, BUT AS YOUR DRAWING SHOWS, IT'S THREE-POINT-SOMETHING ACRES OF UPLAND THAT IS TRAPPED BETWEEN THE WETLAND JURISDICTION LINE AND THAT ALIGNMENT OF SPINE ROAD. MR. BLAKE: CAN YOU SHOW THAT TO ME ON THIS? MR. SCHRIMSHER: I CAN'T READ IT. MR. BLAKE: IS IT A POINT RIGHT THERE? MR. SCHRIMSHER: YES. IT'S 3.86 ACRES. AND SO IT PUTS TO USE BY PUTTING THE HORSE TRAIL ON THAT PROPERTY, IT PUTS TO USE THOSE UPLANDS, BECAUSE THE STATE GENERALLY REQUIRES, IF NOT ALL, VIRTUALLY MOST OF THE HORSE -- OF THE TRAILS TO BE ON A MR. BLAKE: MIKE, ARE YOU TALKING ABOUT, SPECIFICALLY, THOSE THREE LITTLE -- THOSE THREE i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 106 INDIVIDUAL PARCELS -- PIECES OF PROPERTY THAT LOOKS LIKE -- RIGHT THERE WOULD BE NUMBER TWO, AND THEN GO AROUND THE CORNER? IS THAT A PIECE OF UPLAND THERE, ALSO? MR. SCHRIMSHER: YES. I'LL POINT THAT OUT OVER HERE. IT, BASICALLY, IS A CONTINUOUS, IRREGULAR-SHAPED PIECE OF PROPERTY. MR. BLAKE: UH-HUH. ,THERE? IF THE HORSE TRAIL WEREN'T THERE, NONE OF THAT WOULD BE DEVELOPABLE? MR. SCHRIMSHER: CORRECT. MR. BLAKE: EVEN THAT BOTTOM PIECE IS NOT OF 'SIZE? MR. SCHRIMSHER: OH, IT'S DEVELOPABLE. BUT IN THE CITY'S PLAN, IT'S BEING TAKEN AS A PARK. IF I STILL OWNED IT, YES, IT WOULD BE DEVELOPABLE. MR. BLAKE: AND THE SAME WITH THAT PIECE AT THE TOP. IT WOULD -- WELL, ACTUALLY, ALL THREE OF THE MAIN AREAS LOOK LIKE THERE WOULD BE ENOUGH ROOM IN THERE TO DEVELOP. MR. SCHRIMSHER: IF YOU'RE FAMILIAR WITH THE HORSE TRAIL, THEN YOU KNOW THEY'RE NOT PARTICULARLY WIDE AND THEY AREN'T PARTICULARLY HARD ON THE TERRAIN. AND IT'S A -- THERE IS PLENTY -- IN OTHER ~ ~........ . . . 107 1 WORDS, THERE'S PLENTY OF ROOM IN THOSE AREAS 2 YOU'RE POINTING TO FOR ALL KIND OF PARK ACTIVITIES 3 TO GO ON. THE FACT THAT, OCCASIONALLY, A HORSE 4 RIDES THROUGH THERE DOES NOT PROHIBIT OR PREVENT 5 MANY OTHER USES TO THE RESIDENTS OF THE CITY OF 6 WINTER SPRINGS TO ENJOY AND TAKE PART IN. 7 SO I SEE IT. OF COURSE, I'M BIASED, BECAUSE 8 IT'S MY OWN OPINION, BUT I THINK IT'S A GREAT 9 PLAN. 10 MR. BLAKE: LET'S LOOK BACK AND LET'S TAKE 11 ANOTHER LOOK IN THE SAME WAY WE JUST DID WITH 12 WHERE YOU'D LIKE THE TRAIL TO GO TO WHERE IT IS 13 RIGHT NOW. WHAT PIECES OF UPLAND ARE CUT OFF BY 14 WHERE THE TRAIL CURRENTLY IS? 15 MR. SCHRIMSHER: WHERE IT IS NOW? 16 MR. BLAKE: YES. I SEE THAT ONE DOWN BELOW. 17 IT SORT OF LOOKS LIKE ITALY. 18 WHY CAN'T THE HORSE TRAIL FOLLOW THAT LINE 19 DIRECTLY? I MEAN, IS THERE EXCEPT, MAYBE, FOR 20 THAT ONE JOG UP TOP. BUT IS THERE ANY REQUIREMENT THAT THAT LINE HAS TO BE STRAIGHT, OR IS IT JUST BECAUSE IT WOULD - --.- BE A VERY DIFFICULT SURVEY TO DO? MR. SCHRIMSHER: I DON'T THINK MR. BLAKE: ( INAUDIBLE) IF I HAVE A JOG LIKE 21 22 23 24 25 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 - --.. 23 24 25 . . 108 THAT. MR. SCHRIMSHER: I THINK THE PAVED TRAIL HAS TO BE DESIGNED LIKE A ROAD WITH A SPEED LIMIT OF 20 OR 30 MILES AN HOUR, BECAUSE BICYCLES -- MR. BLAKE: BUT THAT PART'S NOT PAVED. MR. SCHRIMSHER: CORRECT. I KNOW. THAT'S WHAT I JUST WAS -- BUT I WAS GOING TO SAY, BUT A HORSE TRAIL, GENERALLY, PEOPLE AREN'T GALLOPING. AND AS YOU KNOW, IF YOU'VE RIDDEN A HORSE, YOU CAN WEAVE A PRETTY IRREGULAR PATH. MR. BLAKE: I'VE ONLY RIDDEN A HORSE, LIKE, TWICE. IT WASN'T A GOOD EXPERIENCE. MR. SCHRIMSHER: OH, OKAY. DID IT HEAD FOR THE BARN? MR. BLAKE: WELL, IT WOULDN'T LISTEN. MR. SCHRIMSHER: BUT THAT'S ONLY ONE OF THE ISSUES. THE OTHER IS THE FACT THAT IT CUTS US OFF FROM NOT ONLY DEVELOPABLE UPLANDS, BUT THE WETLANDS ASSOCIATED WITH IT. MR. BLAKE: I UNDERSTAND THAT ARGUMENT. IT CUTS YOU OFF SOMEWHAT FROM THE WETLANDS. BUT IT'S ALMOST -- HOW DOES THAT INJURE YOU? WHAT COST IS THAT? MR. SCHRIMSHER: ONCE IT'S OWNED BY THE STATE OF FLORIDA AND USED BY THE EQUESTRIAN FOLKS, I . . . 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BELIEVE -- IT'S NOT SACRED, BUT THERE WILL BE GREAT POTENTIAL RESISTANCE TO CROSSING IT. MR. BLAKE: WELL, THERE ARE CROSSINGS, THOUGH, ALREADY IN PLACE NO MATTER WHICH WAY YOU GO. MR. SCHRIMSHER: WHEN A HORSE TRAIL CROSSES AN EXISTING ROAD, THERE'S NO PROBLEM. BUT WHEN AN EXISTING HORSE TRAIL -- WHEN SOMEONE WANTS TO CROSS AN EXISTING HORSE TRAIL, IT'S DIFFERENT. THE SAME IS TRUE -- FOR EXAMPLE, IF THE TOWN CENTER EXISTED AND ST. JOHN'S LANDING WAS NOW BEING PROPOSED TO BE BUILT, THAT WOULD BE VERY DIFFERENT THAN ST. JOHN'S LANDING NOT EXISTING. MR. BLAKE: I UNDERSTAND. IS THERE ANY METHOD THAT YOU OR THAT WE KNOW OF THAT COULD PRESERVE AN EASEMENT CROSSING OF THAT TRAIL AND NOT CAUSE IT TO DIE AT THE STATE LEVEL, LOCATING IT THERE? IN OTHER WORDS, FOR US TO HAVE -- OR FOR YOU TO KEEP OR MAINTAIN SOME SORT OF RIGHTS OF CROSSING PREEXISTING TO THE TRAIL BEING MOVED TO THAT LOCATION. MR. SCHRIMSHER: I HOPE SO. I MEAN, I THINK, LOGICALLY, THERE SHOULD BE, BUT I DON'T KNOW WHAT-- I DON'T KNOW WHAT THE STATE WILL SAY. BECAUSE ONE OF THE THINGS THAT HAS COMPLICATED . . . 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THIS WHOLE PROCESS IS .THAT THEY USE P2000 FUNDS TO BUY THIS RAILROAD BED IN THE FIRST PLACE, WHICH GIVES IT SORT OF -- LIKE I SAY, IT'S NOT SACRED, BUT IT'S MR. BLAKE: I UNDERSTAND. MR. SCHRIMSHER: IT BECOMES... MR. BLAKE: CROSSING IS DIFFICULT. I UNDERSTAND THAT. MR. SCHRIMSHER: FOR EXAMPLE, THEREIN COMES THE RULE, NOW YOU MUST GIVE TWO FOR ONE, BECAUSE WE ARE GIVING UP -- AS FAR AS THE LAW IS CONCERNED, THEY'RE GIVING UP VALUABLE ENVIRONMENTAL LAND WHEN, IN FACT, IT'S REALLY A RAILROAD BED. MR. BLAKE: I UNDERSTAND. MR. SCHRIMSHER: FOR THAT, THEY HAVE TO BE COMPENSATED WITH DOUBLE ACREAGE AND GUARANTEES OF EQUAL OR BETTER VALUES. MR. BLAKE: BUT DON'T YOU -- EVEN IF THE TRAIL WERE TO BE PLACED THERE, WOULDN'T YOU MAINTAIN ACCESS TO THE WETLAND AREA FROM 434? MR. SCHRIMSHER: FROM DOWN HERE? MR. BLAKE: YES, SIR. YES, SIR. MR. SCHRIMSHER: WELL, I WOULD BE BISECTED. I MEAN -- ~ . . . 111 1 MR. BLAKE: YES. BUT YOU ARE ALREADY SO -- I 2 MEAN, YOU'RE ALREADY BISECTED. 3 MR. SCHRIMSHER: I AGREE WITH WHAT YOU'RE 4 SAYING. BUT WHAT YOU'RE SAYING RIGHT NOW ABOUT 5 THE WAY I'M BISECTED NOW, YOU KNOW, RIGHT NOW, I'M 6 THE SINGLE BISECTION, AND IT'S THE SHORTEST 7 DISTANCE BETWEEN TWO POINTS. 8 MR. BLAKE: I UNDERSTAND. BUT IT CREATES A 9 PROPERTY THAT IS LESS USABLE THAN IT OTHERWISE 10 COULD BE. 11 MR. SCHRIMSHER: EXACTLY. WHICH, AGAIN, WE 12 WOULDN'T BE HAVING THIS DISCUSSION IF I DIDN'T 13 THINK MOVING IT WAS A BENEFIT TO OUR PROPERTY. 14 THAT BENEFIT IS SOMEWHAT NEGATED BY THE FACT THAT 15 I HAVE TO GIVE -- I HAVE TO GIVE DOUBLE ACREAGE IN 16 ORDER TO GET IT. BUT IF I DIDN'T BELIEVE IT WAS 17 STILL OF BENEFIT TO US -- 18 MR. BLAKE: WE ALL UNDERSTAND THAT. 19 MR. SCHRIMSHER: -- THEN I WOULDN'T DO IT. 20 MR. BLAKE: WHAT IS IT IN THAT WETLAND AREA 21 THAT WOULD BE BISECTED AWAY FROM THE REMAINING 22 DEVELOPABLE UPLAND PORTION OF THE PROPERTY? WHAT 23 IS IT UP THERE THAT YOU WOULD NEED ACCESS TO, 24 ACROSS WHERE THE TRAIL WOULD BE LOCATED, THAT YOU 25 COULDN'T DO BECAUSE OF THE TRAIL WITH ACCESS . . . 112 1 COMING FROM 434 -- 2 MR. SCHRIMSHER: FOR EXAMPLE, SOMEONE WHO 3 PURCHASED THIS PROPERTY -- 4 MR. BLAKE: -- THE UPLAND OR WETLAND. 5 MR. SCHRIMSHER: -- IF THEY BUY THE WETLAND, 6 AS YOU KNOW, THERE'S VERY MINIMAL USE THEY CAN 7 STILL PUT IT TO. AND YET, IT'S STILL AN AMENITY 8 BECAUSE, FOR EXAMPLE, IN THE CASE OF MULTIFAMILY, 9 IT IS WHAT'S BEHIND THE PEOPLE'S RESIDENCES TO 10 LOOK AT INSTEAD OF MORE DEVELOPMENT. SO TO BE 11 MR. BLAKE: DOESN'T A HORSE TRAIL SORT OF 12 INCREASE THAT BENEFIT? 13 MR. SCHRIMSHER: WELL, IF IT DOES -- 14 MR. BLAKE: SOME WOULD SAY, I THINK -- I 15 THINK IT WOULD. 16 MR. SCHRIMSHER: BEAUTY WOULD BE IN THE EYE 17 OF THE BEHOLDER HERE. 18 WHAT I KEEP SEEING IS THAT PEOPLE WANT TO 19 PROTECT THEIR HOUSE, THE BACK OF THEIR HOUSE, OR 20 THEIR PROPERTY, FROM, YOU KNOW, WHAT HORSES DROP 21 AFTER THEY EAT AND THEY WANT TO 22 MR. BLAKE: YOU HAVEN'T HEARD ABOUT OUR OTHER 23 LAW? 24 MR. SCHRIMSHER: YES. AND THE DESIRABILITY 25 OF HAVING A WALL OR SOME BARRIER BETWEEN . . . 113 1 2 3 RESIDENCES AND THE HORSE TRAIL. SO PEOPLE SEEM TO BE ABLE TO TALK OUT OF BOTH SIDES OF THEIR MOUTH AS FAR AS THE BENEFIT OF THE HORSE TRAIL. MR. BLAKE: BUT IT WOULD BE ACROSS THE ROAD, WOULD IT NOT BE? MR. SCHRIMSHER: IN MY ALIGNMENT, IT WOULD BE, I THINK, VERY EXCELLENTLY ALIGNED. BECAUSE NOTHING -- YOU MAY NOT NOTICE,IS THERE'S A FINGER OF WETLANDS THAT COMES UP RIGHT HERE. 4 5 6 7 8 9 10 MR. BLAKE: YES, SIR. I SEE IT. MR. SCHRIMSHER: THEN THERE'S THE WETLAND 11 12 PARK AND THE GULF BETWEEN THEM. PART OF YOU (INAUDIBLE) REPORT THAT WITH CITY STAFF IS THAT WEI WOULD AGREE TO CREATE -- AGAIN, DONATE, CONTRIBUTE THAT UPLANDS THAT WOULD CONNECT THOSE TWO WETLANDS AND MAKE THAT FINGER A CONTIGUOUS THING. AND IT PROVIDES A GOOD OPPORTUNITY, PROBABLY, FOR A RETE~TION POND AND A NATURAL AREA, A BARRIER WHATEVER HAPPENS ON THE SOUTH OF IT, AND THEN WHAT'S ON THE NORTH OF IT. AND IT PROVIDES A GREAT PLACE FOR HORSES TO GO RIDING ON IT. MR. BLAKE: SO ARE YOU SUGGESTING THERE WOULD - BE NO ROAD CROSSING OF THE REALIGNED TRAIL AT THAT 13 14 15 16 17 18 19 20 21 22 23 24 CONNECTION POINT BETWEEN THE WETLANDS THAT YOU 25 DISCUSSED? . . . 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SCHRIMSHER: THERE WOULD BE TWO ROAD CROSSINGS. MR. BLAKE: UP ONE, CHARLES. YES, SIR. RIGHT THERE. MR. SCHRIMSHER: THAT'S A ROAD CROSSING. MR. BLAKE: SO THERE STILL WOULD BE A ROAD CROSSING. MR. SCHRIMSHER: YES. BUT AS YOU KNOW, THERE ARE ROAD CROSSINGS ALONG CROSS SEMINOLE TRAIL. AND THERE'S ONE UP HERE ON TUSCAWILLA ROAD WHETHER YOU LEAVE IT WHERE IT IS. MR. BLAKE: I UNDERSTAND THAT. I WAS JUST TRYING TO UNDERSTAND YOUR COMMENT ABOUT CONNECTING THE WETLANDS. MR. SCHRIMSHER: THIS? MR. BLAKE: YES, SIR. I WAS TRYING TO DETERMINE WHETHER O~ NOT YOU MEANT BY CONNECTING THE WETLANDS WITH THE HORSE TRAIL, THE INTERSECTION GOES ACROSS THE FINGER TO THAT. WHETHER OR NOT -- MR. SCHRIMSHER: IT'S A DESIGN FEATURE THAT VICTOR SUGGESTED, I BELIEVE, AND THAT WE AGREED WITH, THAT IT CREATES A SUBSTANTIAL NATURAL AREA BETWEEN TWO DEVELOPABLE AREAS THAT YOU WOULD PASS THROUGH AND FORM, LIKE, A GATEWAY. I'M LEAVING, . . . 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 YOU KNOW, WHATEVER OFFICE -- OR WHATEVER TYPE DEVELOPMENT IS SOUTH OF IT, AND NOW I'M ENTERING I'M PROBABLY MORE RESIDENTIAL. MR. BLAKE: HOW MUCH MORE DEVELOPABLE LAND DO YOU FEEL YOU WOULD HAVE BY MOVING THE TRAIL? MR. SCHRIMSHER: I DON'T HAVE AN EXACT NUMBER. MR. BLAKE: I KNOW. ABOUT. MR. SCHRIMSHER: BUT I CAN SAY I WOULD HAVE 3.86 ACRES AT LEAST. BECAUSE LAND THAT IS CURRENTLY BEING PLANNED TO BE INCLUDED AS PART OF WETLAND PARK WOULD BE -- COULD BE COUNTED TOWARDS PART OF MY TWO-FOR-ONE SWAP. I THINK I STARTED TO SAY -- AND I DIDN'T -- MAYBE I DID SAY IT. MR. BLAKE: MEANING THOSE PORTIONS OF UPLANDS THAT ARE INSIDE THE RING OF WETLAND PARK. MR. SCHRIMSHER: RIGHT. MR. BLAKE: YOU COULD COUNT THAT AS -- IN OTHER WORDS, WE WOULD KNOW NOW THAT, INSTEAD, THAT LAND WOULD BE PART OF THE TRAIL. MR. SCHRIMSHER: THAT'S RIGHT. BUT WHAT WOULD BE THE-- I THINK WE KNOW THE ANSWER. WHAT WOULD BE THE CITY'S NEED -- IN THE CITY'S CONCERN WITH TRYING TO CROSS -- OR THE NECESSITY OF THAT ~ . . . 116' 1 UPLAND PERIMETER TO GET TO THE WETLAND PARK? 2 I DON'T THINK THERE WOULD BE -- THERE'S NOT 3 GOING TO BE A FENCE PUT UP ALONG THAT IRREGULAR 4 LINE. 5 MR. BLAKE: SEE, INTUITIVELY, I THINK ONE OF 6 MY PROBLEMS IN LOOKING AT THIS PICTURE, MICHAEL, 7 IS THAT THERE IS -- IF YOU POINT TO MAGNOLIA PARK, 8 SORT OF LOOK AT THAT AS BEING THE EPICENTER, IF 9 YOU WILL, THE HEART OF THE DEVELOPMENT, AND AS YOU 10 GO OUT FROM THERE, YOU TEND TO HAVE LOWER 11 DENSITIES. CLOSER IN, HIGHER DENSITIES. FARTHER 12 OUT, LOWER DENSITIES. YOU KNOW, NOT JUST 13 CONCENTRIC CIRCLES, BUT YOU GET THE IDEA. 14 AND IT SEEMS TO ME THAT BRINGING A HORSE 15 TRAIL, EVEN THOUGH I UNDERSTAND YOU'RE TALKING 16 ALONG THE WETLANDS AND ALONG WETLAND PARK AND 17 ACROSS THE STREET FROM DEVELOPMENT, THAT THAT IS, 18 INDEED, BRINGING THE EQUESTRIAN TRAFFIC FARTHER IN 19 INTO HIGHER DENSITY DEVELOPMENT THAN YOU MIGHT 20 HAVE OUT ON THE OUTER RING. 21 MR. SCHRIMSHER: IT DEPENDS ON YOUR 22 PERSPECTIVE. I SEE THAT AS A VAST IMPROVEMENT. 23 MAYOR PARTYKA: I'M I KNOW. NO. NO. 24 LETTING YOU FINISH. LET ME JUST FINISH SOMETHING. 25 WE'VE BEEN TALKING ON THIS FOR 35 MINUTES. OKAY. . . . 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IT'S ON A ONE-WAY -- I DON'T KNOW. I'LL LET YOU FINISH, BUT IT'S MORE OF A TIME SITUATION. THERE MIGHT BE SOME OTHER QUESTIONS ON THIS VERY ISSUE. MR. BLAKE: I'M CLOSE. I'M SORRY. MR. SCHRIMSHER: YOU COULD PHRASE IT THAT WAY. BUT I COULD LOOK AT IT FROM THE EXACT OPPOSITE AND SAY, IT IS A HUGE IMPROVEMENT OVER THE TRAIL THAT THE EQUESTRIAN FOLKS ARE GOING TO ENJOY IF THE TRAIL IS BUILT WHERE IT IS. MR. BLAKE: YOU SAY THAT IT'S AN IMPROVEMENT BECAUSE -- MR. SCHRIMSHER: BECAUSE RIGHT NOW WHAT THEY HAD IS A RAILROAD BED THAT'S STRAIGHT AS AN ARROW. MR. BLAKE: OH, YOU MEAN WITHOUT ANY MOVE AT ALL. MR. SCHRIMSHER: RIGHT. MR. BLAKE: I UNDERSTAND. MR. SCHRIMSHER: BASICALLY, A SCORCHED EARTH. NOT EXACTLY THE MOST PRISTINE MR. BLAKE: OKAY. I WON'T ARGUE WITH THAT. I'LL CALL YOU RIGHT ON THAT ONE. MR. SCHRIMSHER: AND ALSO, I DON'T KNOW WHAT THE FIGURES ARE, BUT IF YOU JUST LOOKED AT THE NUMBER OF USERS OF THE PAVED TRAIL VERSUS THE UNPAVED, WE ARE NOT -- IF YOU LOOK AT IT IN THAT . . . 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SENSE, WHAT WE ARE CHANGING AFFECTS A SMALL -- I'M NOT SAYING UNIMPORTANT -- BUT A SMALL NUMBER OF THE TRAIL USERS. AND IT'S NOT AS IF WE ARE SENDING THEM OUT TO MARCH ACROSS A BARE ASPHALT PARKING LOT. WE'RE STILL PROVIDING A VERY SAFE MR. BLAKE: I WOULD ALSO AGREE THAT THERE WOULD APPEAR TO BE FEWER HORSES THAN THERE ARE PEOPLE ON BIKES OR ROLLER BLADES OR WHATEVER. MR. SCHRIMSHER: I THINK IT WOULD BE A NICE -- IT WOULD STILL BE A VERY, VERY NICE TRAIL; VERY SIMILAR, IN MANY WAYS, TO THE OTHER LINE, YOU KNOW. MR. BLAKE: OKAY. LET ME ASK YOU ONE FINAL QUESTION AND THEN I'LL LET THE MAYOR GO TO WHATEVER HE WANTS TO. WHAT WOULD IT TAKE TO HAVE YOU CONSIDER LEAVING THE TRAIL WHERE IT IS? MR. SCHRIMSHER: DISCUSSED. WHAT WOULD IT TAKE? YOU KNOW, AGAIN, I CAN POSE IT THE OTHER WAY. WHAT DOES IT TAKE FOR THE I DON'T KNOW THAT'S BEEN CITY TO CONSIDER MR. BLAKE: YEAH, BUT I ASKED THE QUESTION FIRST. MR. SCHRIMSHER: AND I ANSWERED IT. I SAID, . . . 119 1 2 I DON'T KNOW. MR. BLAKE: THAT'S NOT AN ANSWER. I THINK YOU DO KNOW. MR. GRINDSTAFF: OKAY. I THINK IT'S ALSO IMPORTANT TO NOTE IN THE CONVERSATIONS WITH THE STATE FOLKS -- WITH OUR CONVERSATIONS TODAY WITH THE LADY FROM THE STATE, SAMANTHA BROWN, AND CHARLES, THEIR COMMENT WAS THAT ALIGNMENT WOULD BE BETWEEN THE CITY AND THE PROPERTY OWNER AND THE TOWN CENTER GUYS, AS OPPOSED TO HAVING SOME RESTRICTION FROM THE STATE. THE STATE DOESN'T 3 4 5 6 7 8 9 10 11 12 13 CARE. MR. BLAKE: IN OTHER WORDS, THE STATE'S MERELY INTERESTED IN THE CRITERIA OF TWO FOR ONE AND THE (INAUDIBLE) VALUE. MR. GRINDSTAFF: THAT'S RIGHT. AND (INAUDIBLE) SAID, HOW MUCH MORE PROPERTY WOULD YOU 14 15 16 17 18 GAIN? 19 WELL, MIKE'S STILL GOT TO MEET THE TWO-FOR-ONE REQUIREMENT, AND THE VALUE TEST HAS GOT TO BE MET, AND THEY'RE GOING TO HAVE TO COMPLY WITH THE ADMINISTRATIVE CODE. THEY'RE OKAY WITH - IT. NO ONE SEEMS TO HAVE A REAL PROBLEM WITH IT. I DON'T KNOW WHY WE -- IT'S AN ISSUE. I MEAN MR. BLAKE: THANK YOU. 20 21 22 23 24 25 r1.ii . . . 120 1 MR. GRINDSTAFF: THANK YOU. 2 MAYOR PARTYKA: CITY MANAGER, I HAVE A COUPLE 3 QUESTIONS. DO YOU WANT TO GO? 4 MR. MCLEMORE: I'LL GO LATE, BECAUSE I WANT 5 TO COMPLETE THE -- 6 MAYOR PARTYKA: I'VE GOT SEVERAL QUICK 7 QUESTIONS. NUMBER ONE IS, WITH DUE DEFERENCE TO 8 COMMISSIONER BLAKE AND TAKING IT IN THE SPIRIT, 9 I'VE ROLLERBLADED, WALKED, AND RAN THAT ENTIRE 10 TRAIL, I'D VENTURE TO SAY, PROBABLY MORE THAN ANY 11 COMMISSIONER HERE. NOW, I'LL ADMIT THIS, I'VE 12 SEEN COMMISSIONER BLAKE'S CHILDREN. I HAVE NOT 13 SEEN 14 MR. BLAKE: I GET REPORTS. 15 MAYOR PARTYKA: I HAVE NOT SEEN COMMISSIONER 16 BLAKE. OKAY. NOW 17 MR. BLAKE: I HAVEN'T SEEN YOU. MY OFFICE IS 18 ON THE TRAIL. 19 MAYOR PARTYKA: NOW, THE OTHER PIECE ON THIS, 20 THOUGH, IS, SERIOUSLY, IN ALL THE TIME THAT I'VE 21 BEEN THERE, RIGHT FROM THE BEGINNING, EXCLUDING 22 THE FIRST DAY, I'VE NOT SEEN A HORSE ON THE 23 TRAIL. I MEAN, THAT'S A SIMPLE FACT. FROM OVIEDO 24 TO THE OTHER END. 25 NOW, WHETHER THEY'RE THERE OR NOT THERE, I 121 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUST DON'T SEE THAT MANY. OKAY. MR. MARTINEZ: THEY'RE THERE EVERY TIME YOU'RE NOT THERE. MAYOR PARTYKA: WHICH MAY BE. NOW, MY QUESTION IS THIS. AND THIS IS TAKEN IN THE SPIRIT OF, AGAIN, OPENNESS AND TRYING TO LOOK AT OTHER THINGS HERE. WE'VE WORKED ON THIS. WE'VE SEEN TRAILS NOW. WE'VE LOOKED THIS UP AND DOWN. MY POSITION WOULD BE, WHAT'S -- FROM THE CITY'S STANDPOINT, WHY IS ONE BETTER THAN THE OTHER? I LOOK AT THAT THE SAME WAY. I THINK IT'S A WASH ONE WAY, AND THEN THE (INAUDIBLE). NUMBER TWO -- THIS ONE'S MORE RADICAL WHAT IF WE ELIMINATE THAT ENTIRE TRAIL THROUGH THE DOWNTOWN AND JUST MAKE THE OUTSIDE OF IT? NOW, THAT'S A WHAT-IF SITUATION. BUT I'M JUST TRYING TO GET -- AND ENVISION' THE FUTURE A LITTLE BIT. AND SOMETIMES IT MEANS POTENTIALLY LOOKING AT OTHER OPTIONS HERE. BUT, NUMBER ONE, I DON'T KNOW. I DON'T SEE A DRAMATIC DIFFERENCE ONE WAY OR THE OTHER IN TERMS OF THIS ONE OR THE SECOND ONE. _ AND NUMBER TWO, MAYBE THERE'S ANOTHER OPTION; THE OPTION TO JUST KEEP IT OUTSIDE AND LEAVE IT THAT WAY WHERE PEOPLE, IF THEY GO OFF THE TRAIL, . . . . 19 20 21 22 23 24 . 25 122 1 ACTUALLY HAVE TO WALK TWO OR THREE BLOCKS. SO, 2 AGAIN, THAT'S JUST OPENING UP DISCUSSION POINTS. 3 CITY MANAGER. 4 MR. MCLEMORE: ARE ALL THE COMMISSIONERS 5 THROUGH? 6 MAYOR PARTYKA: YEAH. 7 AUDIENCE PARTICIPANT: I CAN GIVE YOU SOME 8 INFORMATION THAT THE CITY SHOULD CONSIDER. 9 MAYOR PARTYKA: OKAY. WELL, AT THE 10 APPROPRIATE TIME, YOU'LL HAVE A CHANCE. 11 AUDIENCE PARTICIPANT: IT'S ABOUT THIS TRAIL 12 AND THOSE OPTIONS AND THE VERY QUESTION YOU JUST 13 ASKED, MAYOR. 14 MAYOR PARTYKA: OKAY. THAT'S GOOD. AS SOON 15 AS WE GET THIS, WE'LL GET YOU UP HERE, TOO. 16 MR. MCLEMORE: FIRST THING, LET ME POINT OUT 17 THAT WE KEEP CALLING THIS -- AND I'M GUILTY OF 18 THIS, TOO -- SAYING THIS IS HORSES. THIS IS NOT HORSES ONLY. THIS IS THE UNPAVED SECTION OF THE TRAIL. AND THAT IS OPEN TO HIKERS AND WALKERS AND EVERYONE ELSE WHO WANTS TO HAVE A DIFFERENT KIND OF EXPERIENCE. AND A DIFFERENT KIND OF EXPERIENCE WAS TO ENJOY THE NATURE AND THE WETLANDS AND ALL THAT'S OUT THERE., AND THAT WAS ONE OF THE REASONS FOR THOSE . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 123 PEOPLE WHO ARE DOING ROLLERBLADING AND THOSE PEOPLE WHO WANT TO GO DOWN INTO THE CORE OF THE CITY. THAT'S ONE THING. A LOT OF PEOPLE WANT TO GO ALONG THE NATURE AND EXPERIENCE THE NATURE SIDE OF THIS THING. THERE'S SOME BEAUTIFUL AREA DOWN THERE. THAT'S OF TREMENDOUS VALUE, IN TERMS OF A TRAIL, TO HAVE THAT UNPAVED SECTION THERE WHERE IT IS. SECONDLY, THAT ORIGINAL TRAIL SECTION WAS ARRIVED AT WITH -- A LOT OF THE UNPAVED TRAIL SECTION WAS ARRIVED AT WITH A TREMENDOUS AMOUNT OF INPUT, ORIGINALLY, IN THAT CHARRETTE. AND THERE WERE PARTS AND INTERESTS REPRESENTED IN THAT INPUT, AS WELL AS NUMBER OF THEM WERE DIFFERENT INTERESTS THAT WAS REPRESENTED IN THAT INPUT THAT RESULTED IN THAT TRAIL, THE UNPAVED SECTION, BEING BIFURCATED AND TAKING THAT ROUTE. THE OTHER ISSUE RELATIVE TO CROSSINGS I MEAN, CROSSINGS ARE ALLOWED ON THESE TRAILS. YES, YOU HAVE TO GO UP AND APPLY FOR IT, BUT IT'S NOT LIKE YOU CAN'T CROSS ON THESE TRAILS. YOU CAN GET CROSSINGS ACROSS THE TRAIL. YOU CAN'T BUILD ANYTHING ON IT, OBVIOUSLY, BUT YOU CAN CROSS THEM. YOU CAN GET A PERMIT TO GET ACROSS THEM. I GUESS THE PART THAT BOTHERS ME THE MOST IS . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 124 WE SAT DOWN AT YOUR DIRECTION, AND AT MY SUGGESTION, AS WELL, AND THE STAFF, TOO, WITH SCHRIMSHERS AND REDID THIS PLAN. WE SPENT ANOTHER $30,000 WITH THE PLANNER TO REDO THIS SECOND PLAN. IN THAT SECOND PLAN -- AND MR. SCHRIMSHER CALLED HIS PLANNER FOR IT AND LOOKED AT THAT PLAN BEFORE WE EVER SAID, IS THIS IT? WE DON'T WANT TO HEAR ANY MORE ABOUT IT. IS THIS IT? OKAY. WE ALL AGREE. THIS IS IT. THIS IS A GREAT PLAN. NOT ONE QUESTION WAS RAISED, AS I CAN RECALL, ABOUT TRYING TO TAKE THE UNPAVED SECTION AND MOVE IT. THEN IT CAME UP, YOU KNOW, IN THE LAST WEEK OF WANTING TO MOVE THE TRAIL. SO NOTWITHSTANDING THE FACT THAT, YES, WE PUT SOMETHING IN ABOUT THE 8-FOOT WALL, BUT THAT CAME UP, YOU KNOW, AT THE END WHEN I THOUGHT WE HAD AN AGREEMENT ON THE LAYOUT AND THE LAND USES AS PROPOSED AFTER ANOTHER WEEK, SPENDING $30,000 WITH YOUR CONSULTANTS AND WITH MR. SCHRIMSHER THERE DAILY AND INVOLVED. AND I REMEMBER VICTOR SAYING, IS THIS IT? ARE WE ALL IN AGREEMENT? YES, WE'RE ALL IN - AGREEMENT. LET'S JUST GO FORWARD. NOW, NOTWITHSTANDING THE ISSUE THAT THERE MAY BE SOME PIECES OF GROUND THAT ARE NOT USABLE WITH fl 1 . 2 3 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 19 20 21 - 22 --.. 23 24 " 25 . 125 THIS PLAN, THE OTHER PART THAT BOTHERS ME A GREAT DEAL IS WE ARE AGREEING TO COMPENSATE THE SCHRIMSHER PROPERTIES FOR SOME OF THESE PROBLEMS: ONE, THE DEDICATIONS -- OR ACTUALLY, THE WAY I SEE IT, IS THE PURCHASE OF WETLAND PARK AND MAGNOLIA PARK AND WHATEVER PROBLEMS ARE RELATED TO THE EXTERIOR. ALL OF THIS IS PARTY, OVERALL, OF US SAYING, OKAY, WE'RE GOING TO OFFER YOU X NUMBER OF DOLLARS, WHICH IS IN WATER, SEWER LINE, ROADS, AND THOSE KIND OF THINGS BECAUSE OF THESE DEDICATIONS THAT YOU NEED TO MAKE AND ALL THESE OTHER ISSUES. ONCE THAT, NOW, IS OUT THERE, THEN THE FACT THAT THERE ARE SOME CONCERNS AND THERE MIGHT BE, YOU KNOW, 3 ACRES OF LAND, YOU KNOW, WE'VE GOT A LOT OF MONEY ON THE TABLE HERE IN ORDER TO PURCHASE ALL THOSE PROBLEMS AND TO PURCHASE THESE LANDS. AND THEN WHAT IS BEING PROPOSED IS, WELL, LET'S TAKE THE TWO-TO-ONE OFF OF THAT, WHICH YOU'RE PURCHASING FOR US RATHER THAN THAT WHICH WE ARE RETAINING OURSELVES. I'VE GOT A PROBLEM WITH THAT. IF WE'RE GOING TO TAKE IT THAT WAY, THEN WE OUGHT TO REDUCE WHAT WE'RE WILLING TO GIVE BY A . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 126 VALUE OF 3 ACRES OR 4 ACRES. I'M LOOKING AT IT STRICTLY AS A NEGOTIATOR, NOT A GOOD GUY, A BAD GUY. I'M LOOKING AT IT AS A NEGOTIATOR FOR THE CITY. WHETHER RIGHT, WRONG, OR INDIFFERENT, I'M SAYING THAT'S THE WAY I VIEW IT AS A PERSON NEGOTIATING ON BEHALF OF THE CITY. WE'RE COMPENSATING YOU FOR THIS. WHY ARE WE ARGUING ABOUT IT? IT'S ON THE TABLE. WE AGREED TO DO IT. NOW, IF THE COMPENSATION IS NOT EXACTLY RIGHT OR WHATEVER, WELL, LET'S TALK ABOUT COMPENSATION. THAT'S BEEN THE FRUSTRATING PART. I KNOW IT HAS BEEN FOR THEM, TOO, BECAUSE WE PUT SOME THINGS IN THERE AT THE LAST MINUTE, ALSO, SOME CHANGES. THAT HAPPENED. BUT THAT'S THE TRAIL REALIGNMENT CHANGING IN THAT UNPAVED AT THIS LATE HOUR IS SOMETHING THAT REALLY WAS STARTLING TO ME. SO, ANYHOW, THOSE ARE MY COMMENTS, AND WHATEVER YOU-- AND THIS IS THE HONEST QUESTION, TOO. I NEED TO COME BACK TO MIKE OVER THERE, BECAUSE HE MADE A LOT OF -- OR GAVE SOME SIGNIFICANT TESTIMONY RELEVANT TO THE REQUIREMENT FOR THE WALL, WHICH WAS PUT IN BY US IN THE LAST COUPLE WEEKS OR SO. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 127 IF THAT WALL REQUIREMENT WAS TAKEN OUT, WOULD YOU STILL FEEL SUCH A COMPELLING NEED TO MOVE THE TRAIL REALIGNMENT OR THE UNPAVED SECTION? HONEST QUESTION. NOT A TRICK. MR. SCHRIMSHER: I'M REALLY NOT DOING THIS AS A STRATEGY TO WIN A CONCESSION. I REALLY THINK WHAT I'M SUGGESTING IS A BETTER DESIGN. I GUESS I CAN'T ANSWER, BECAUSE IT'S SORT OF A VARIATION ON THE QUESTION MR. BLAKE ASKED ME. IN EXCHANGE FOR WHAT CAN WE LEAVE THIS WHERE IT IS? AND I DON'T KNOW THE ANSWER. SO I DON'T KNOW. MAYOR PARTYKA: IF I MAY -- ALL RIGHT. WE KNOW NOW THE POSITION ON THE WALL. WE KNOW THE POSITION ON THE TRAIL. I THINK WE'VE TALKED ABOUT ALL OF THE VARIOUS OPTIONS. SO WE'VE DONE TWO ISSUES. I THINK WE NEED TO GO NOW, MAYBE, TO THE OTHERS, OKAY, SO IN TOTAL WE KNOW WHAT WE'RE TALKING ABOUT. MR. MCLEMORE: DO YOU DESIRE TO GET THE INPUT, OR DO YOU WANT TO WAIT UNTIL LATER ON THE PUBLIC? YOU HAD A PERSON WAITING. MAYOR PARTYKA: I THINK WE'RE STILL IN THIS POINT. WE'RE TRYING TO GO THROUGH THE POINTS. MR. SCHRIMSHER: I DO ALSO -- I THINK I SHOULD SAY, BECAUSE I TRIED TO SAY IT VERY . . . 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CAREFULLY AND GINGERLY. I REALLY THINK -- NOT JUST KIND OF THINK -~ I REALLY THINK AND I'M SURE, FROM MY POINT OF VIEW, WE HAD AGREED ON THE ALIGNMENT OF SPINE ROAD. SO TO HAVE THAT AS SOMETHING TO BE DEBATED, I WOULD SAY, IS ONE OF THOSE OTHER THINGS COMPARABLE IN MY MIND TO CONSIDERING A REALIGNMENT OF ONLY THE UNPAVED PORTION OF THIS TRAIL. AND I HAVE TRIED IN THE REALIGNMENT TO CHOOSE I CAREFULLY WHERE THAT TRAIL WOULD GO SO THAT IT WOULD BE A COMPARABLE EXPERIENCE FOR THE USERS OF THE TRAIL. I KNOW I FOCUSED ON THE PEOPLE ON HORSES, BUT I ALSO ACKNOWLEDGE IT'S TRUE THAT IT'S JUST FOLKS WHO WANT TO GO OFF ROAD IN HIKING BOOTS, TOO. AND I WOULD SAY -- HOWEVER, EVERYTHING I SAID WOULD APPLY TO THEM, TOO. IT WOULD CARRY THEM ALONG A SCENIC ROUTE AND GIVE THEM AN ACCESS TO MANY VISTAS THAT THEY MIGHT NOT OTHERWISE NOTE BY GOING ALONG THE OTHER WAY. MR. MCLEMORE: WELL, IF WE COULD, THEN, LET'S GO TO SPINE ROAD. MAYOR PARTYKA: THAT'S WHAT I'M SUGGESTING RIGHT NOW. BEFORE YOU GO ANY FURTHER, COMMISSION MARTINEZ HAD A QUESTION. MR. MARTINEZ: I JUST WANTED TO ASK WHY -- . . . 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SCHRIMSHER, WHY CAN'T YOU GIVE US THE OPPORTUNITY TO DEVELOP THIS TRAIL THE WAY WE SEE IS BEST FOR THE PEOPLE THAT ARE GOING TO USE IT? AND IF YOUR GOAL -- OR YOUR MAIN GOAL IS COMPENSATION, WHY DON'T YOU DISCUSS COMPENSATION WITH THE MANAGER FOR THAT LITTLE PIECE OF LAND BEYOND THE TRAIL AT THE POINT NEAR THE LAKE THAT YOU ARE ARGUING ABOUT THAT'S GOING TO BE BISECTED? I MEAN, THERE'S ALWAYS A SOLUTION TO A PROBLEM. I THINK THAT THE QUICKEST WAY HERE WOULD BE FOR YOU TO TALK OR DISCUSS COMPENSATION WITH THE CITY FOR THAT PIECE OF LAND. THIS WAY IT'S OUT OF YOUR WAY. YOU DON'T HAVE TO WORRY ABOUT IT ANYMORE. YOU GET YOUR CASH AND PUT IT IN THE BANK, OR YOU GIVE IT TO YOUR INVESTORS, AND IT'S OVER WITH. THEN YOU CONCENTRATE ON THE REST OF THE LAND THAT YOU OWN THERE. MR. SCHRIMSHER: IF I WAS JUST TRYING TO EXTRACT SOME MONEY OUT OF YOU-ALL, I WOULD DO THAT. THAT REALLY WASN'T-- I REALLY WAS -- EVERYTHING I SAID I REALLY MEANT AS A TRUE STATEMENT. - MR. MARTINEZ: WHY IS ,THAT PIECE OF LAND SO IMPORTANT, THAT LITTLE PIECE OF LAND OUT THERE THAT IS HOLDING UP THE TRAIL FROM PROCEEDING AS . 1 2 3 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 24 . 25 130 THE CITY HAS PLANNED? THAT'S WHAT YOU'RE SAYING. YOU SAID BISECTING THAT LITTLE PIECE OF LAND OVER TO THE EAST. MR. SCHRIMSHER: HOW BIG IS THE LOT THAT YOUR HOUSE IS ON? MR. MARTINEZ: MY HOUSE? ABOUT -- THE HOUSE I HAVE NOW IS ABOUT 50 BY 100. MR. SCHRIMSHER: WELL" IS IT IMPORTANT TO YOU? I MEAN, WE TOSS AROUND LITTLE PIECES OF OUR LAND, AND IT'S AS IF IT'S NOT THAT IMPORTANT. BUT IT'S VERY IMPORTANT TO US. MR. MARTINEZ: NO. NO. IT IS. BUT I'M SAYING, YOU WOULD BE COMPENSATED. IT'S NOT LIKE WE'RE SAYING, GIVE IT TO US. MR. SCHRIMSHER: AND I'M WILLING TO ADMIT THE GENERAL STATEMENT THAT EVERYTHING HAS ITS PRICE. YOU KNOW, EVERYTHING'S FOR SALE AT SOME PRICE. THERE'S EXCEPTIONS, BUT, IN GENERAL, THAT'S TRUE. IF WE -- IF I WERE TRYING TO -- IF THAT'S WHAT I WAS ABOUT HERE, TRYING TO FIGURE OUT HOW CAN I GET SOMETHING OUT OF THE CITY, I'D GO DOWN THAT TRAIL WITH YOU. I MEAN, I'D GO DOWN THAT THOUGHT PROCESS WITH YOU. BUT THAT ISN'T REALLY WHAT I WAS TRYING TO . . 18 19 20 21 22 23 24 . 25 131 1 DO. I HONESTLY THOUGHT AND I STILL DO THINK -- 2 I HAVE -- I'M TRYING TO DO SOMETHING THAT WILL BE 3 REALLY GOOD FOR US AND FOR YOU, THE CITY, AND FOR 4 THE TRAIL USERS. I WOULDN'T AGREE, NECESSARILY, 5 THAT THE TRAIL ALIGNMENT, AS CURRENTLY DRAWN, IS 6 ABSOLUTELY THE BEST. IT HAS ITS PROS AND CONS, AS 7 DO EVERY OTHER ONE. 8 MR. MARTINEZ: LET'S TAKE AWAY, THE MONETARY 9 GAIN 10 MR. SCHRIMSHER: AND THE FACT THAT WE JUST 11 LEFT THE PROPERTY VACANT AND JUST TURNED EVERYBODY 12 LOOSE AND SAID, WALK ALL OVER IT. THERE'S ALL 13 KINDS OF PRETTY PLACES TO SEE OVER THERE, YOU 14 KNOW. BUT, I MEAN, WE DO HAVE TO PICK A PATH. 15 THAT'S WHAT WE'RE TRYING TO DO. 16 MR. MARTINEZ: LET'S GET AWAY FROM THE 17 MONETARY GAIN THAT YOU SAY YOU'RE NOT LOOKING TO HEIST US OR ANYTHING LIKE THAT. MR. SCHRIMSHER: IT'S NOT SAYING MONEY'S NOT IMPORTANT TO ME. OBVIOUSLY, YOU'RE RIGHT. WE DO WANT TO RETURN CAPITAL TO INVESTORS. BUT IT WASN'T LIKE A PLOY I WAS USING WHEN I SAID THE THINGS I DID. MR. MARTINEZ: AS AN ACT OF GOOD FAITH ON YOUR PART, SO THE CITY CAN DEAL WITH OTHER ISSUES . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - --- 23 24 25 . . 132 THAT ARE VERY PREVALENT HERE AND POSSIBLY SPLIT THE PIE SO/50, YOU COULD -- YOU COULD IF YOU REALLY WANTED TO, OKAY, NEGOTIATE THAT PIECE OF LAND, AND THEN GO ON TO THE NEXT ISSUE. THEN THE CITY MAY BE FORCED TO ACT IN GOOD FAITH AND GIVE IN TO YOU ON THE NEXT ISSUE. THIS IS HOW YOU NEGOTIATE. , MR. SCHRIMSHER: IT'S NOT REFUSING TO DO THAT. I GUESS I WOULD SAY THAT IN PREVIOUS DISCUSSIONS, HOW THE CITY VALUES SOME OF OUR PROPERTY AND HOW WE VALUE IT, THERE WAS A PRETTY BIG DIFFERENCE BETWEEN THE TWO. SO IT MIGHT NOT BE -- I MEAN, I'M NOT REFUSING. I'M JUST SAYING I DIDN'T COME PREPARED WITH SOMETHING IN MY BACK POCKET, WAITING FOR YOU GUYS TO ASK ME THAT QUESTION SO I COULD GO, ALL RIGHT, THERE IT IS, AND HERE'S MY PREPARED ANSWER. I JUST DON'T KNOW THE ANSWER. I JUST DON'T KNOW. MAYOR PARTYKA: OKAY. THANK YOU. LET'S GO ON TO THE SPINE ROAD ISSUE. MR. MCLEMORE: OKAY. THE SPINE ROAD ALTERNATIVES -- WE CAN GET BACK TO THAT ONE, KIP. THIS IS NOT A REAL DEEP ISSUE TO STAFF. I DIDN'T REALIZE THAT WE HAD -- MICHAEL BELIEVES WE HAD . AGREED ON THE UPPER ONE. WE THINK WE AGREED ON . 1 2 3 4 5 6 7 ~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 133 THE BOTTOM ONE. THERE'S ABOUT $200,000 WORTH OF DIFFERENCE. I THINK THE GOAL HERE IS THE GOAL IS WHICH ONE GIVES THE BEST JUMP-START TO THE DEVELOPMENT? WHICH ROAD, IF WE BUILD IT, WILL THEY COME? OKAY. AND RECOGNIZING, TOO, THAT THERE IS A HIGHER COST IN GOING THAT WAY OF A COUPLE HUNDRED THOUSAND DOLLARS. SO I THINK, BASED, AGAIN, FROM A NEGOTIATOR'S POINT OF VIEW, NEGOTIATING ON YOUR BEHALF, IN ORDER TO SPEND THAT OTHER 200 OR $250,000, I THINK WE NEED SOME FAIRLY STRONG REPRESENTATIONS FROM THE DEVELOPMENT PEOPLE TO TELL US THAT IT'S WORTH SPENDING THAT OTHER 200 OR $250,000 RELATIVE TO JUMP-STARTING THIS PROPERTY. BECAUSE THAT'S THE GOAL, IS TO BUILDING THE ROAD TO TRY TO JUMP-START THE PROPERTY FROM A DEVELOPMENT PERSPECTIVE. THEREFORE, IS THERE A REAL BENEFIT FOR SPENDING THAT OTHER 200 TO $250,000? MAYOR PARTYKA: COULD YOU GIVE ME, VERY CLEARLY AGAIN, THE TWO OPTIONS ON THE SPINE ROAD. THREE OPTIONS. MR. MCLEMORE: MAYOR PARTYKA: MR. MCLEMORE: OKAY. YOU KNOW, SHOW ME. THIS IS ONE THAT THE CITY ~ . . . 134 1 THOUGHT WE HAD AGREED TO, AND THE NEXT ONE 2 MR. BLAKE: HOW MUCH WAS THAT ONE? 3 MR. MCLEMORE: THAT'S RIGHT AT -- JUST UNDER 4 950; $970,000, AS I RECALL. 5 MR. LOCKCUFF: INCLUDING UTILITIES. 6 I'M ADDING $200,000 TO MR. MCLEMORE: 7 EVERYTHING INCLUDING UTILITIES. AND THEN THE 8 MIDDLE ROUTE, WHICH IS THE PREFERRED ROUTE FROM 9 SCHRIMSHERS, IS THE ONE THAT'S BEING POINTED OUT 10 TO YOU NOW, IS WHICH THEY FEEL WOULD GIVE THE BEST 11 JUMP-START TO THE PROPERTY. 12 AND THEN THE OUTER RING -- PARDON ME? 13 MR. BLAKE: HOW MUCH, PLEASE? 14 MR. MCLEMORE: A MILLION 113, SOMEWHERE IN 15 THAT RANGE. 16 AND THEN THE OUTER RING WAS THE MOST 17 EXPENSIVE AT ABOUT 1.3 MILLION, 4 MILLION -- I'M 18 SORRY -- 1.4 MILLION. 19 SO WHAT I NEED OR WHAT, FROM YOUR PERSPECTIVE 20 AS POLICY MAKERS, I THINK IN YOUR INVESTMENT IN 21 JUMP-STARTING, IS IT WORTH 200, $250,000 MORE TO 22 GO TO THE PROPOSAL THAT THE SCHRIMSHERS ARE 23 REQUESTING VERSUS WHERE THE STAFF ORIGINALLY 24 THOUGHT WE WERE AT? 25 MR. MARTINEZ: HERE'S A GOOD POINT FOR YOU TO . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 135 HORSE TRADE. LET HIM GIVE YOU THE TRAIL, AND GIVE HIM HIS SPINE ROAD. MR. MCLEMORE: WELL, THAT'S THE WAY I LOOK AT IT. MR. GRINDSTAFF: MAYOR PARTYKA: MR. GRINDSTAFF: MR. MAYOR. YES, MR. GRINDSTAFF. WHEN WE WERE FIRST INTRODUCED TO THIS CONCEPT OF DEALING WITH THE ROAD, THIS IS THE DRAWING THAT WE HAD WITH US. KIP. I HOPE SOMEONE REMEMBERS LOOKING AT THIS. THIS WAS OPTION NUMBER TWO. IT WAS OPTION NUMBER TWO WITH THOSE PROPOSALS THAT YOU MAY REMEMBER AT THE MEETING ON DECEMBER 13TH. THERE WAS THESE HANDOUTS THAT CAME OUT RIGHT AT THE BEGINNING OF THE MEETING SAYING, THIS IS THE BENEFIT TO THE DEVELOPER. THESE ARE THE NUMBERS. IF THEY DON'T DO THIS, THEY'RE NUTS, BECAUSE THIS IS A GOOD THING FOR THEM. OUR MIND SET WAS OPTION NUMBER TWO. AND IT WAS THE DOCUMENTS, WE GOT THE COPIES, AND THERE IT IS. NOW, THAT HAVING BEEN SAID, WE THINK, IN ADDITION TO THAT, IT IS THE PREFERRED ALIGNMENT. WE, AS YOU ALL KNOW -- AND YOU'VE HEARD FOR A LONG TIME -- WE RESPECTFULLY DISAGREE WITH A NUMBER OF ~ . . 20 21 22 23 24 . 25 136 1 FOLKS ABOUT WHAT'S GOING TO -- THE RETAIL THAT'S 2 GOING TO COME FLOCKING TO THIS TOWN CENTER 3 PROJECT. EVEN MR. JOSHI HAD SOME TROUBLE GETTING 4 SOME RETAIL PEOPLE WITH REAL MONEY TO SHOW UP. 5 WE BELIEVE THE TOWN CENTER PROGRAM IS LIKE 6 THE CELEBRATIONS AND SOME OF THE OTHER THINGS THAT 7 VICTOR DOVER POINTED OUT TO YOU THAT RESIDENTIAL 8 DEVELOPMENT -- IF IT'S GOING TO SUCCEED AT ,ALL, 9 RESIDENTIAL DEVELOPMENT IS GOING TO BE HAPPENING 10 FIRST, WHICH WOULD BE MORE LIKELY TO BE OUT IN THE 11 OUTER EDGES, AND IT'S THE ROOFTOPS THAT WILL DRIVE 12 THE NON-RESIDENTIAL STUFF. IT'S THE MULTIFAMILY 13 AND SINGLE-FAMILY RESIDENTIAL THAT WILL DRIVE SOME 14 OF THE OTHER THINGS. 15 BUT WE BELIEVE THAT OPTION NUMBER TWO NOT 16 ONLY WOULD -- IS SOMETHING WE WERE SHOWN EARLY ON, 17 BUT WE BELIEVE IT MAKES SENSE. AND WE BELIEVE 18 THAT'S WHY WE WERE SHOWN IT, BECAUSE IT MADE SO 19 MUCH SENSE. MAYOR PARTYKA: OKAY. COMMISSIONER BLAKE. MR. BLAKE: JUST A QUICK QUESTION. IF WE WERE TO AGREE TO OPTION TWO ON THE ROAD, ON THE SPINE ROAD, AND WE WERE AGREE TO FOREGO THE WALL AT ST. JOHN'S AS A SPECIAL CONSIDERATION, AND YOU AGREE TO LEAVE THE TRAIL WHERE IT IS ALONG THE " ~ . . .. 137 1 OUTER EDGE, CAN WE END THIS ALL AND MOVE ON? 2 MR. GRINDSTAFF: I HEAR YOU LOUD AND CLEAR. 3 I'D HAVE TO DEFER TO MR. SCHRIMSHER. I WILL TELL 4 YOU THAT I DON'T THINK -- I MEAN, I KNOW THESE 5 GUYS WELL ENOUGH, THAT'S NOT WHAT THEY CAME HERE 6 FOR WAS TO TRY TO EXTRACT THINGS OUT OF YOU. 7 WHAT YOU'RE SAYING IS THAT IF YOU 8 MR. BLAKE: I'M TELLING YOU -- 9 MR. GRINDSTAFF: I HEAR YOU. IF YOU AGREE TO 10 SOMETHING WE THOUGHT YOU'D AGREED TO AND IF YOU 11 DON'T ADD ON THE THING YOU ADDED ON FRIDAY, 12 WOULD THIS PAST FRIDAY -- WOULD WE AGREE 13 MR. BLAKE: TO LEAVE THE HORSE TRAIL WHERE 14 YOU LEFT IT BEFORE. 15 MR. GRINDSTAFF: I MEAN, THAT'S REALLY YOUR 16 QUESTION. 17 MR. BLAKE: TO ME, IT SOUNDS LIKE WE'RE BACK 18 WHERE WE STARTED, AND THAT'S ALL RIGHT. LET'S GET 19 ON WITH IT. 20 MR. GRINDSTAFF: WHAT IT SOUNDS LIKE TO ME IS 21 IT'S A REAL CHANCE TO HAVE A TOWN CENTER HERE. 22 THERE'S A REAL CHANCE TO HAVE A TOWN CENTER. I 23 MEAN, FINALLY, THERE'S A REAL CHANCE. 24 THOSE TWO OTHER ISSUES -- WELL, ACTUALLY, ONE 25 BIG ONE WE NEED TO TALK ABOUT. THAT'S THE SMALL "- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 138 PARKS. MAYOR PARTYKA: OKAY. HOLD IT. HOLD IT. BEFORE WE GO ON, YES, LET ME CLARIFY ONE THING ON THE SPINE ROAD NOW. SO THE OPTIONS WE HAVE RIGHT NOW IS ONE, TWO, THREE. MR. GRINDSTAFF: WE DON'T WANT THREE. MAYOR PARTYKA: AND WE DON'T WANT THREE. SO REALLY, OUR OPTIONS ARE ONE AND TWO. OKAY. EVERYBODY CLEAR ON THAT OPTION RIGHT NOW? NOW WE KNOW THAT ONE. COMMISSIONER MARTINEZ. MR. MARTINEZ: AND WHAT I'M SAYING IS WE HAVE TO GET AWAY FROM THIS WORD IIEXTRACTING.II WE'RE TRYING TO NEGOTIATE. MR. GRINDSTAFF: I UNDERSTAND. AND WE APPRECIATE THAT, TOO. MAYOR PARTYKA: THIS IS INTERESTING HOW WE'RE GETTING INTO ALL THIS FOR US BEING SIMPLE COMMISSIONERS, NOT EXPERTS ON ANYTHING, BUT WANTING TO DESIGN SOMETHING. OKAY. NOW, THE NEXT ONE. MR. MCLEMORE: I WANT TO GO NEXT TO THE - CONVEYANCE OF PARKS. MAYOR PARTYKA: MR. MCLEMORE: OKAY. THE SIX NEIGHBORHOOD PARKS. . . . 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 25 WE HAVE AN AGREEMENT THAT MAGNOLIA PARK AND WETLAND PARK WOULD BE CONVEYED WHEN WE REACH A THRESHOLD RELATIVE TO DEVELOPMENT OF SPINE ROAD. WE DON'T HAVE A PROBLEM WITH THAT. BUT THEN WE GET TO THE SIX PARKS. AND OUR POSITION WAS THAT WE WANTED TO TAKE A FEE-SIMPLE TITLE TO THOSE SIX PARKS AND KNOW WHAT WE BOUGHT. MR. BLAKE: DOES THAT INCLUDE THE LAKE TRAIL PARK? MR. MCLEMORE: YES. AND KNOW WHAT WE BOUGHT, AND THAT THEY ARE WHERE THEY ARE. AND THE SCHRIMSHERS HAVE RAISED THE ISSUE THAT, WELL, BUT WHAT IF DIFFERENT DEVELOPERS BRING IN PLANS DURING THE DEVELOPMENT PROCESS THAT REPRESENT A BETTER PARK LOCATION BY MOVING THINGS AROUND TO PROVIDE US WITH A BETTER DEVELOPMENT? AND FROM THAT PERSPECTIVE AND TO MAINTAIN THAT FLEXIBILITY, THEY DID NOT WANT TO DEDICATE OR CONVEY TO US, FEE-SIMPLE, THE PARKS. THEY WANTED TO SAY, OKAY, WE OWE YOU X NUMBER OF ACRES OF PARKS SOMEWHERE IN THAT PLAN. AND AS THIS THING PLAYS OUT OVER THE YEARS, THOSE THINGS WILL BE SITED AS THE DEVELOPMENTS COME FORWARD. I HAVE A REAL PROBLEM WITH THAT. MY PROBLEM IS THAT THESE PARKS WERE SITED IN ORDER TO GIVE ~ . . J..::: . 140 1 THE ENTIRE PLAN A PARTICULAR LOOK, A PARTICULAR 2 AMBIENCE, AND A PARTICULAR BENEFIT TO THE PUBLIC 3 IN TERMS OF THE RIGHT BALANCE BETWEEN OPEN LANDS 4 AND DEVELOPABLE LANDS, AND THAT THOSE LINES ON 5 THAT MAP MEAN SOMETHING. 6 SO AFTER TOYING AROUND WITH THIS, WE OFFERED 7 A COUPLE OF SUGGESTIONS. AND ONE, RECOGNIZING 8 THAT THERE COULD BE A BETTER PLAN, SOMEONE MIGHT 9 COME UP WITH A BETTER PLAN. SO, INITIALLY, WE 10 SAID, OKAY, WELL, YOU CONVEY THEM TO THEM AND 11 WE'LL TAKE TITLE TO THEM. BUT WE'LL PUT LANGUAGE 12 IN THE PLAN THAT SAYS EVEN THOUGH WE'VE TAKEN 13 TITLE TO THEM, WE WOULD AGREE -- WE WOULD AGREE 14 THAT WE WOULD BE OPEN TO SOME LAND SWAP OR 15 MOVEMENT OF SWAPPING OF THE LAND BACK AND FORTH 16 BASED ON A PLAN WE AGREE IS A BETTER PLAN. 17 WELL, THAT WASN'T ACCEPTABLE. SO WE WRESTED 18 DOWN THERE AND SAID, WELL, THEN, IN THAT CASE, ONE 19 LANGUAGE WE MIGHT BE AGREEABLE TO IS THAT WE WOULD 20 AGREE THAT THE PARKS, OR WHERE IT'S TO BE SHOWN ON 21 THIS PARK, UNLESS WE AGREE BY SPECIAL EXCEPTION OF 22 THE COMMISSION THAT THE PARKS CAN BE MOVED BASED 23 ON A PLAN WE THINK IS BETTER. 24 WITH THAT LANGUAGE IN PLACE, WE THOUGHT MAYBE 25 WE COULD GET SOME MOVEMENT, BUT, APPARENTLY, it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . .. 141 THAT'S NOT SATISFACTORY EITHER. SO THE THING THAT GIVES ME -- THERE'S TWO OR THREE ISSUES INVOLVED WITH NOT TAKING IMMEDIATE TITLE. ONE IS YOU DON'T-- IT'S A LOT MORE DIFFICULT TO TAKE SOMETHING FROM YOU THAT YOU OWN THAN SOMETHING THAT YOU HAVE ENTITLEMENT TO ON A SET OF RECORDS. THE OTHER THING IS WE WERE CONCERNED AND LOOKED AT THE ISSUE OF WHAT IF A FUTURE DEVELOPER WHO OWNED THIS PROPERTY WENT BROKE? WOULD WE LOSE TITLE TO THAT PROPERTY IN SOME TYPE OF COURT ACTION? SECONDLY, YOU HAVE THE PROBLEM THAT, IN YOUR LANGUAGE NOW WITHIN THE DOCUMENT, YOU HAVE A TEN-YEAR AGREEMENT. WELL, WHAT HAPPENS AFTER TEN YEARS UNLESS WE CHANGE THE AGREEMENT? IF THOSE PARKS HAVEN'T BEEN DEVELOPED, THEY GO AWAY UNLESS WE PROVIDE SOME LANGUAGE THAT SAYS, NO, THEY DON'T GO AWAY; IF AFTER TEN YEARS WE'VE GOT TO DEAL WITH THIS TEN-YEAR ISSUE? SO WE'RE AT THIS POINT NOW WHERE WE NEED TO BE ABLE TO RECONCILE OR COME TO SOME ACCEPTABLE ANSWER AS TO THE CONVEYANCE OF THESE PARKS. MY OPINION, AGAIN, IS YOU'RE GIVING SOMETHING OF VALUE BACK TO THIS DEVELOPER FOR THOSE PARK ......, - .. .. i 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LANDS. WELL, WHY IN THE HELL CAN'T WE TAKE TITLE TO THEM? AND THE ANSWER IS, WELL, WE MAY WANT TO CHANGE THEM AROUND, MAKE A BETTER SITE. IT MIGHT BE A DEVELOPER WHO WANTS TO DO A VERY GOOD DEVELOPMENT HERE, BUT HE WON'T BUY THIS PROPERTY BECAUSE THAT PARK CREATES A DONUT IN THE MIDDLE OF HIS DEVELOPMENT. THAT COULD HAPPEN. SO THE QUESTION IS -- AND IF WE WEREN'T GIVING CERTAIN THINGS OF VALUE IN EXCHANGE FOR THOSE PARKS, I THINK, THAT COULD BE MORE COMFORTABLE WITH A TYPE OF DEVELOPMENT ORDER THAT HAS IT IN THERE THAT CREATES AN ENTITLEMENT. YOU KNOW, BUT, IN THIS CASE, WHERE YOU'RE SAYING, OKAY, WE WANT SIX PARKS, WE'LL AGREE FOR SOMETHING OF VALUE TO TAKE THOSE PARKS. OH, BY THE WAY, YOU CAN'T HAVE THEM. AND BY THE WAY, IF THIS AGREEMENT GOES AWAY IN TEN YEARS, THEY GO AWAY, TOO. BUT THE ROAD YOU BUILT FOR US AND THE WATER/SEWER YOU BUILT FOR US DOESN'T GO AWAY. YOU SEE WHAT I'M SAYING? MAYOR PARTYKA: HOLD ON. HOLD ON. ONE AT A TIME. WE'LL GET YOU UP HERE NEXT. - MR. MCLEMORE: SO THESE -- AGAIN, FROM A NEGOTIATOR'S POINT OF VIEW, RIGHTLY OR WRONGLY, THIS IS WHAT I'M HAVING PROBLEMS WITH IN THIS ,,- -''''- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 143 CONCEPT, RECOGNIZING THAT THERE IS A POTENTIALLY BETTER PLAN THAT COULD BE ON THE TABLE THAT WE MIGHT AGREE TO. BUT THE QUESTION IS WHEN YOU GET TO THAT POINT, DO YOU WANT TO BE THE OWNER OF THAT PROPERTY OR NOT BE THE OWNER OF THAT PROPERTY? MAYOR PARTYKA: OKAY. MR. MCLEMORE: IF YOU'RE THE OWNER OF THAT PROBLEM, YOU'RE IN A MUCH STRONGER POSITION TO SAY YES OR NO. IF YOU JUST RATCHET DOWN IN TERMS OF WHAT YOUR INTEREST IN THAT PROPERTY IS IN TERMS OF YOUR STRENGTH IN MAKING THAT DECISION, OF COURSE THEY RECOGNIZE THAT ON THEIR SIDE, TOO. I WOULD RECOGNIZE THAT IT WOULD BE A LOOSER OR A LESS LEVEL OF INTEREST IF HE HADN'T, IN MY MIND, PURCHASED THEM. BUT PURCHASING THOSE THINGS, AND THEN HAVING THAT DEGREE OF UNCERTAINTY, I JUST DON'T UNDERSTAND IT. SO, AGAIN, MY PERSPECTIVE IS, WE OUGHT TO TAKE TITLE. WE OUGHT TO PUT LANGUAGE IN THE DEVELOPMENT THAT SAYS WE RECOGNIZE THAT IF A PLAN IS BROUGHT FORWARD TO US AND IS A REASONABLE PLAN AND WE THINK IT WILL NOT DO HARM TO THE INTEGRITY OF THIS PLAN, WE WILL AGREE TO SWAP THOSE LANDS TO ACCOMMODATE THAT DEVELOPMENT. THAT'S WHERE I'M AT AS YOUR NEGOTIATOR, AND 144 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THEY'RE AT A DIFFERENT PLACE. SO THIS IS ANOTHER BIGGIE THAT WE HAVE TO BE ABLE TO RESOLVE. MAYOR PARTYKA: OKAY. MR. GRINDSTAFF, HOW ABOUT YOUR POSITION? MR. GRINDSTAFF: THAT'S THE BAD NEWS. IT'S THE BIGGIE. THE GOOD NEWS IS I THINK IT'S THE LAST BIGGIE. MR. MCLEMORE: I THINK IT'S THE LAST -- NO. WE'VE GOT TO DO THE UTILITY CONNECTION CHARGE ISSUE. MR. GRINDSTAFF: OKAY. I THOUGHT WE WERE OVER THAT ONE, BUT MR. MCLEMORE: WE NEVER TALKED ABOUT IT. MR. GRINDSTAFF: I'D LIKE FOR YOU-ALL JUST TO TAKE A LOOK AT THESE TWO PARKS MAYOR PARTYKA: COULD I ASK A QUESTION BEFORE YOU GO ON? MR. GRINDSTAFF: -- RIGHT HERE AND RIGHT HERE THAT COULD FORM DONUT HOLES IN THE MIDDLE OF THESE TWO THINGS, AND ASK YOURSELF ABOUT THE FLEXIBILITY. YES, SIR, MR. _MAYOR. MAYOR PARTYKA: CONCEPTUALLY, ARE WE IN AGREEMENT THAT YOU'RE GOING TO GIVE US PARKS IN SOME FORM? . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 145 MR. GRINDSTAFF: ABSOLUTELY. MAYOR PARTYKA: SO WE -- CONCEPTUALLY, WE'VE AGREED? MR. GRINDSTAFF: SAME PARAGRAPH WITH COMMISSIONER MILLER'S THEORY ABOUT THESE THINGS. IF WE MOVE AROUND, WE'RE GOING TO WORK TOGETHER. WE TRIED TO PUT A CAP ON THE ACREAGES TO PROVIDE FLEXIBILITY. MAYOR PARTYKA: SO CONCEPTUALLY, WE'RE GETTING SOME LAND, RIGHT? MR. GRINDSTAFF: ABSOLUTELY. MAYOR PARTYKA: SO NOW THE ONLY QUESTION IS THE DETAILS. MR. GRINDSTAFF: AND THE AMOUNT OF ACREAGES. WE TRIED TO ADDRESS THE AMOUNT OF ACREAGES TO MAINTAIN THE FLEXIBILITY. AND RON, WITH ALL DUE RESPECT, HAS BEEN UNWILLING TO BEND ON THIS. HE WANTS FEE TITLE TO THAT PARK AT THAT LOCATION. AND IF YOU GUYS WANT TO COME BACK AND TRADE IT LATER, WE'LL TALK TO YOU ABOUT SPECIAL EXCEPTIONS, WHICH MEANS YOU'VE GOT TO COME THROUGH THIS PROCESS. MAYOR PARTYKA: WE KNOW OUR POSITION. NOW, WHAT'S YOUR POSITION? MR. GRINDSTAFF: OUR POSITION IS THAT WE 146 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - --.- 23 24 25 . . COULD LIVE WITH THESE TWO. I THINK, MIKE, YOU WOULD AGREE WITH THOSE TWO. NOW, UNDERSTAND, THIS IS FIXED. THIS IS FIXED. THIS IS FIXED. THIS IS FIXED. MAYOR PARTYKA: THAT'S FOUR. MR. GRINDSTAFF: IT'S NOT FOUR. THERE'S SIX. BUT THESE THINGS THAT ARE BEING FIXED, YOU KNOW, HE'S GOING TO PAY GOOD VALUE FOR AND FREEZE THIS PROPERTY FOR A LONG TIME. THEY'RE BEING FIXED. WHAT'S NOT BEING FIXED AND WHAT WE DON'T WANT TO BE FIXED IS THIS MAYOR PARTYKA: GO SLOW SO I CAN WRITE IT DOWN. MR. GRINDSTAFF: -- THIS, THIS. MAYOR PARTYKA: WHICH IS THE NEXT ONE? MR. GRINDSTAFF: SMALL NEIGHBORHOOD SQUARE IN THE NORTHEAST CORNER. THESE TWO LITTLE GUYS, I THINK, CONCEPTUALLY, ARE OKAY, BUT DON'T WANT TO BIND THEM TO THOSE LOCATIONS. AND THIS ONE. PICTURE YOURSELF, DEVELOPMENT THAT WANTS TO COME INTO THAT LOCATION, AND THE GUY SAYS, WELL, WE'RE GOING TO HAVE TO GO SEE THE STAFF AND WORK OUT A RELOCATION OF THAT DONUT HOLE SO YOU GUYS CAN DO THE QUALITY DEVELOPMENT THAT CREATES THE ROOFTOPS THAT SAVES THE TOWN CENTER FROM FAILING. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 147 MAYOR PARTYKA: STAY WITH THE FACTS. MR. GRINDSTAFF: THIS ONE RIGHT HERE, WHICH IS NOT OUTLINED, SEE THAT LITTLE DUDE THERE, THAT'S A PARK THAT WE WANT TO TALK TO VICTOR ABOUT. THAT'S JUST -- PICTURE THAT. HERE'S WETLANDS. HERE'S WETLAND PARK. YOU'RE COMING UP THE STREET HERE AND YOU ARRIVE AT WETLAND PARK, WHY DO YOU EVEN NEED THAT THING FOR? WHY NOT JUST ALLOW THAT LITTLE PIECE OF ACREAGE TO HANG ON AND BE PART OF THIS PART RIGHT HERE? SO WE WANT TO GET RID OF THAT AND WE WANT TO HAVE FLEXIBILITY WITH THOSE UP IN HERE. THIS NEEDS TO HAVE SOME FLEXIBILITY. AS MIKE SAID, WHAT HE'S WILLING TO DO MAY EVEN BE BIGGER THAN THIS, MAY EVEN BE BIGGER THAN WHAT YOU'RE LOOKING FOR, DEPENDING UPON WHAT THEY DO. BUT WE WANT FLEXIBILITY. AND THE WAY WE TRIED TO ADDRESS IT WAS ALONG THE LINES OF MR. MILLER, WAS TO BUILD IN THE FLEXIBILITY. WE RECOGNIZE THAT THERE ARE GOING TO BE PARKS. WE RECOGNIZE THAT THE PLAN CALLS FOR PARKS, AND WE'RE WILLING TO COMMIT TO MINIMUM ACREAGES. MAYBE WE CAN SET SOME THRESHOLDS AND SOME CRITERIA, YOU KNOW, IN THE QUADRANT. I DON'T KNOW. MAYBE WE CAN SOMEHOW BUILD IN SOME . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 148 FLEXIBILITY. BUT IT'S BEEN SORT OF, LIKE, YOU KNOW, JUST NO PROGRESS ON THAT POINT. MAYOR PARTYKA: I HAVE ANOTHER QUESTION AND CLARIFICATION ON OUR MAP. WE DON'T EVEN HAVE THOSE TWO LITTLE BLOCKS THAT YOU HAVE ADJACENT TO WETLAND PARK. MR. LOCKCUFF: MAYOR PARTYKA: ON THE BIG MAP, WE DID. I DON'T HAVE THEM IN THE MAP THAT YOU MR. MCLEMORE: THEY'RE IN YOUR -- THEY'RE ON THE OTHER PAGE ON THE SIDE. MAYOR PARTYKA: GOTCHA. ALL RIGHT. MR. GRINDSTAFF: HERE. HE'S COLORED IN ON THIS MAP. THERE'S A LOT OF DIFFERENT MAPS FLOATING AROUND. THIS ONE HERE -- MAYOR PARTYKA: CLARIFICATION AGAIN. IF THE LOGIC, AS YOU SAY, WITH WETLAND PARK, THE LITTLE CORNER PIECE, THE TRIANGLE, RIGHT, SHOULD NOT BE THERE. MR. GRINDSTAFF: THAT'S OUR POSITION. MAYOR PARTYKA: RIGHT. MY ONLY QUESTION, THEN, WHAT ABOUT THE LOGIC OF THOSE TWO LITTLE PARKS FOR THE SAME LOGIC? THEY'RE ADJACENT TO A BIG PARK. MR. GRINDSTAFF: THAT'S RIGHT. I DON'T THINK . . . 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WE'RE OPPOSED TO HAVING THE TWO LITTLE PARKS HERE WITH THE STREET. BUT TO FREEZE THEM WITH A LEGAL DESCRIPTION AT THIS LOCATION IS NUTS. AND THE ARGUMENT IS, WELL, ALL YOU'VE GOT TO DO IS COME THROUGH THIS PROCESS THAT'S TAKEN A YEAR AND A HALF AND TELL US WHY YOU WANT TO MOVE IT. WE WOULD LIKE NOT TO DO THAT. AS LONG AS THE INTEGRITY OF THE PLAN IS PRESERVED -- WHICH WE'RE GETTING TO A POINT. I MEAN, YOU-ALL CAN SEE, THIS IS CLOSE TO THE TOWN CENTER ORDINANCE. IT'S CLOSE. MAYOR PARTYKA: COMMISSIONER MARTINEZ, QUESTION. MR. MARTINEZ: AGAIN, LOOKING AT TODAY'S BUYER'S MENTALITY, DON'T YOU THINK THEY WOULD RATHER BUY A HOUSE AROUND A PARK LIKE THE ONE IN THE CENTER THERE, EVEN IF THEY HAVE TO PAY A FEW MORE DOLLARS, THAN BUY A HOUSE IN AN AREA THAT HAS NOTHING BUT ROOFTOPS AND STREETS? I MEAN, TODAY'S MENTALITY OF THE NATURE OF THE PEOPLE -- MR. GRINDSTAFF: I THINK YOU'RE RIGHT. BUT THE REAL QUESTION IS, COMMISSIONER -- I MEAN,_I THINK, CONCEPTUALLY, WE ALL AGREE WITH IT -- WHERE IS THAT PARK GOING TO BE? HE'S SUGGESTING THAT YOU GET A LEGAL 21 22 23 24 25 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 150 DESCRIPTION OUT THERE AND YOU SAY, THIS IS WHERE THE PARK'S GOING TO BE UNLESS ME AND MY STAFF AGREE THAT YOU CAN MOVE IT. MR. MCLEMORE: BY A SPECIAL EXCEPTION WITH ME AND THE COMMISSION. MR. MARTINEZ: IT CAN BE WORKED OUT. MR. GRINDSTAFF: BUT GIVE US THE FLEXIBILITY. MR. MARTINEZ: THIS IS WHAT I SAID. WE CAN ALWAYS GO BACK TO THE DRAWING BOARD AND WORK WITH YOU, OKAY, TO SATISFY THE NEEDS OF SOME DEVELOPER IN A CASE LIKE THIS. I SAID THAT BEFORE AND I SAID IT A YEAR AGO. MR. GRINDSTAFF: WHY NOT HAVE THE FLEXIBILITY NOW? WHY NAIL THAT SUCKER DOWN RIGHT NOW? YOU'VE GOT A PLAN THAT'S ILLUSTRATIVE. YOU KNOW HOW MANY -- WE'RE WILLING TO AGREE TO MINIMUM ACREAGE REQUIREMENTS. I THINK WE CAN EVEN IDENTIFY ACREAGE REQUIREMENTS IN EACH QUADRANT SO THAT WE DON'T TRY TO PUT ALL THE PARKS OVER THERE BY THE HORSE PILE. WE'RE NOT GOING TO TRY TO DO THAT. WE CAN AGREE WHERE THOSE PARKS ARE WITH THE FLEXIBILITY. BUT ONCE WE GET A DESIGN THAT WORKS WITHIN THE CODE, OUR BUYERS NEED TO KNOW THEY CAN COME IN HERE AND NOT BE PULLED THROUGH THE EYE OF THE . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 151 NEEDLE OVER AND OVER AND OVER. AND THAT'S OUR CONCERN. AND I THINK -- JUST LOOK AT THAT ONE UP IN THE NORTHEAST CORNER. DO YOU SEE THE ONE? I THINK IT'S .45 ACRES. MR. MARTINEZ: LET'S SAY THAT THAT CAN BE NEGOTIATED, BUT THOSE TWO LITTLE PARKS BY THE WETLAND THERE DOWN BELOW, THE ONES THAT ARE SIDE BY SIDE, THAT ADDS TO THE ENHANCEMENT OF THE AREA BECAUSE THEY'RE RIGHT ON THE SITE OF THE WETLAND. MR. GRINDSTAFF: I AGREE. THE TWO LITTLE THINGS ARE OKAY. IT'S JUST THAT WHERE'S -- YOU'VE GOT THEM RIGHT THERE IN A SITE LOCATION SPECIFIC. PUT THEM THERE ON THE PLAN, BUT, I MEAN, YOU DON'T EVEN KNOW WHERE THAT ROAD'S GOING TO BE. AND YOU'RE GOING TO GO TELL THE PARK -- YOU'RE GOING TO GO PUT THESE PARKS -- IF HE HAS -- MR. MCLEMORE'S PLAN WORKS, HE'S GOING TO GET LEGAL, DESCRIPTIONS OF THOSE TWO PARKS AND THAT'S GOING TO TELL YOU WHERE THE ROAD'S GOING, BECAUSE IT'S GOT TO GO IN-BETWEEN THOSE TWO PARKS UNLESS WE COME IN HERE AND GET A SPECIAL EXCEPTION. THIS WHOLE THING WAS ABOUT FLEX~~ILITY, CREATIVITY, ADJUST FOR THE MARKET. I MEAN AND THIS PREVENTS US FROM DOING IT. WE'D LIKE TO HAVE MORE FLEXIBILITY AND LIVE WITH THE PLAN. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 152 MAYOR PARTYKA: OKAY. YOU MADE YOUR POINT. COMMISSIONER BLAKE. MR. BLAKE: WHICH-- MAYOR PARTYKA: COMMISSIONER BLAKE, DO YOU WANT TO HEAR FROM THE CITY MANAGER FIRST? MR. BLAKE: NO. WHICH PARKS DO YOU NOT HAVE A PROBLEM WITH, THEIR LEGAL DESCRIPTION, AT THIS POINT IN TIME? MR. GRINDSTAFF: FIRST OF ALL, FOR THE COMPENSATION THAT'S BEING PAID, MAGNOLIA PARK, THE BIGGIE; WETLAND PARK, HUMUNGOUS; THIS ONE HERE, THIS CONNECTOR; THIS LITTLE DUDE'S GOING TO CONNECT ON OUT HERE, THIS ONE, AND THIS ONE. THIS, WE WANT TO SEE GO AWAY. MR. BLAKE: WHAT IS SO SPECIAL ABOUT THOSE TWO WHICH -- LOOKS LIKE SQUARE 4 AND SQUARE 5 -- THAT MAKES THEIR LOCATION DOABLE AT THIS POINT IN TIME? MR. SCHRIMSHER: BECAUSE THE TRAIL FIXES THEM, THE INTERSECTION OF THE TRAIL AND THE ROAD THAT ARE IDENTIFIED. THIS IS THE FORK IN THE ROAD OF THE TRAIL, SO THIS CA~'T REALLY -- THIS IS A POINT THAT CAN'T REALLY MOVE. AND THIS IS THE ALIGNMENT OF THE TRAIL SO -- I MEAN, THIS, THEORETICALLY, COULD SLIDE, BUT WE HAVE BEEN . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 153 YOU KNOW, THESE ROADS ARE GOING TO BE ON A FAIRLY EVEN SPACING. SO, I MEAN, THEORETICALLY, I DON'T THINK THE CITY IS OPPOSED TO IF THIS ROAD WOUND UP BEING, YOU KNOW -- BUT, IN GENERAL, THOSE CAN BE FIXED BY THE GEOMETRY OF THE DESIGN. MR. BLAKE: AND YOUR FAVORITE PARK THERE, SQUARE 3, WHICH IS ACTUALLY 'A TRIANGLE? YES.' NOW, THAT PARK -- I'VE HEARD THAT ONE COME UP ON MORE THAN ONE OCCASION AS BEING A PROBLEM. IS IT THE ACREAGE OR IS IT THE LOCATION? MR. GRINDSTAFF: IT'S THE LOCATION. THIS IS JUST AN ADDITIONAL ACRE GRAB THAT'S NOT NECESSARY. MR. BLAKE: WELL, IT'S ON A CORNER. MR. GRINDSTAFF: WELL, IT'S ALSO PART OF THE MOST VALUABLE PIECE OF THE SCHRIMSHER PROPERTY. LET'S JUST REACH OVER HERE -- WE'VE GOT THIS BEAUTIFUL PARK. LET'S REACH OVER HERE AND GRAB THIS AND TAKE AWAY FROM SOME OF THIS STUFF. I MEAN, WHAT IS IT -- AND I DON'T THINK ANY OF US -- YOU KNOW, I'VE GIVEN YOU OUR ANSWER. YOUR ANSWER WOULD PROBABLY BE DIFFERENT THAN VICTOR DOVER'S PLAN. I DON'T KNOW THAT THE REMOVAL OF THAT PARK -- I DON'T KNOW THAT ANYONE HERE CAN SAY THAT IT WILL . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 154 DESTROY THE INTEGRITY OF THE TOWN CENTER. IT'S THERE. PROBABLY BE GOOD. PROBABLY BE GOOD TO HAVE ONE ON EVERY CORNER. BUT, YOU KNOW, THAT'S ONE THAT'S THE MOST OFFENSIVE TO THE SCHRIMSHERS. MR. BLAKE: HOW WOULD YOU PROPOSE TO PROTECT AGAINST WHAT APPEARS TO BE THE MANAGER'S LARGEST FEAR, AND THAT IS TEN YEARS OUT -- MR. GRINDSTAFF: THE TEN-YEAR THING IS A CONCERN FOR US, TOO. WHAT IF YOU DON'T DO WHAT YOU'RE SUPPOSED TO DO? WHAT IF THIS WHOLE PROGRAM FAILS, AS IS HAPPENING IN SOME PARTS OF THE COUNTRY WITH THESE CONCEPTS? YOU'VE GOT OUR DONUT WHOLE, WETLAND PARK. PRESUMABLY, YOU WOULD HAVE PUT IN A ROAD. THAT WOULD BE GOOD. YOU'LL GET IMPACT FEE CREDITS. THAT WILL OFFSET THAT. HOPEFULLY, YOU'LL PUT SEWER AND WATER. THAT WILL BE THERE. AND YOU'LL HAVE OUR WETLANDS AND YOU'RE NOT GOING TO GIVE US BACK THE SEWER AND WATER. I MEAN, WE'RE NOT GOING TO GIVE THAT TO YOU, AND YOU'RE NOT GOING TO GIVE US BACK THE WETLANDS. _ WE'RE SITTING HERE DEALING WITH A TEN-YEAR STATUTE. THE TEN-YEAR TERM COMES FROM THE STATUTE, THE 163 AGREEMENT. IF WE CAN MAKE IT LONGER, WE'LL BE GLAD TO MAKE IT LONGER. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 155 MR. MCLEMORE: I DON'T THINK WE CAN. MR. GRINDSTAFF: IF THAT'S YOUR CONCERN, THAT'S NOT A PROBLEM WITH US. MR. BLAKE: SO, MR. MANAGER, ARE YOU SUGGESTING THAT IF WE CAN EFFECTIVELY LENGTHEN THE AGREEMENT BY CONTRACT, THAT THAT WOULD ALLEVIATE SOME OF YOUR CONCERNS AS TO THESE PARKS DISAPPEARING FOR THE COMPENSATION THAT WE PUT UP IN TERMS OF THE ROADS AND UTILITIES? MR. MCLEMORE: WELL, SURE. I JUST DON'T THINK IT'S GOOD BUSINESS TO PUT SOMETHING IN THE AGREEMENT THAT'S GOING TO GO AWAY. PERSONALLY, IT MAKES NO SENSE TO ME. I DON'T KNOW HOW YOU JUSTIFY THAT TO THE TAXPAYERS. MR. BLAKE: I ABSOLUTELY AGREE. BUT WOULD YOU -- DO YOU AGREE THAT THERE ARE ISSUES HERE IN TERMS CF THE ACTUAL SITING OF EACH OF THESE PARKS IN TERMS OF WHAT THE-- MR. MCLEMORE: OH, I ADMIT TO YOU THAT PEOPLE COULD COME IN WITH DESIGNS THAT ARE AS GOOD OR BETTER THAN WHAT IS HERE. BUT WHAT YOU'VE GOT TO BE CAREFUL OF IS, IN A PLAN, ONCE YOU TAKE A PIECE DOWN, YOU CAN TAKE A PIECE DOWN, YOU CAN TAKE A PIECE DOWN ALL THE TIME. MR. BLAKE: I UNDERSTAND. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 156 MR. MCLEMORE: THE WHOLE CONCEPT GOES, IF THOSE LINES ON THAT PLAN DON'T MEAN SOMETHING, THEN YOU DON'T HAVE THEM AT ALL. BUT I DO AGREE, AS LONG AS-- AND THOSE ARE INTENDED TO BE DONUTS. THEY ARE INTENDED TO PROVIDE GREEN SPACES IN PLACES OF INTEREST THROUGHOUT THE AREA, BECAUSE YOU RECOGNIZE AND YOU AGREE RIGHT FROM THE BEGINNING, YOU DON'T KNOW HOW INTENSE THE DEVELOPMENT WILL BE IN HERE. YOU KNOW, THIS ISN'T GOING TO BE ONE ACRE PER LOT. THIS COULD BE 30, 40 ACRES I MEAN, UNITS. THERE'S NO TELLING WHERE IT CAN GO IF THERE'S NO LIMITS ON IT. AND IT'S REALLY MORE LIKE A EUROPEAN DESIGN WHERE YOU ALLOW FOR FUTURE DEVELOPMENTS. YOU HAVE THESE DEDICATED GREENS PACES THROUGHOUT THERE THAT GIVES IT SOME PLACES TO GO. MR. GRINDSTAFF: WE CAN ADDRESS THIS CONCERN. MR. BLAKE: LET ME ASK THIS QUESTION. I DON'T KNOW IF THIS IS POSSIBLE TO DO AT ALL OR IF IT'S LEGAL OR NOT. IS IT POSSIBLE TO SET POINTS, CENTER POINTS, WHERE EACH OF THOSE PARKS ARE LOCATED ON THAT MAP AND TO REQUIRE THAT ACREAGE OF PARKS TO BE PLANTED WITHIN A CERTAIN RADIUS AROUND THAT POINT? I DON'T KNOW WHAT THAT NUMBER MIGHT . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 157 BE. 100 FEET OR 200 FEET. I DON'T KNOW WHAT THE OVERALL MEASUREMENTS ARE UP HERE. MR. GRINDSTAFF: FOR EXAMPLE, IF YOU MR. BLAKE: WHAT I'M LOOKING AT IS SOMETHING -- I UNDERSTAND YOUR QUADRANT ISSUE. I'M LOOKING AT (INAUDIBLE) OF A QUADRANT ONLY BECAUSE -- MR. GRINDSTAFF: THEN YOU'VE JUST GOT A BIGGER HOLE. MR. BLAKE: NO, YOU DON'T. IT'S THE SAME SIZE HOLE. YOU'RE JUST MOVING IT. SO THAT, FOR INSTANCE, ON THOSE TWO PARKS UP THERE, THE SMALL ONES AT THE NORTHEAST SIDE THERE, YOU'RE ABSOLUTELY RIGHT, I BELIEVE, THAT IF YOU PLANT THOSE TWO PARKS, THEN YOU OBVIOUSLY HAVE PLANTED THAT ROAD, EVEN THOUGH THE ROAD DOESN'T EXIST. AND YOU'VE DEFINED WHAT THE BOUNDARIES ARE GOING TO BE THERE. AND I AGREE THAT'S PROBABLY NOT THE BEST WAY TO GO SINCE WE ARE ATTEMPTING TO HAVE SOME FLEXIBILITY IN THERE. HOWEVER, LET'S TAKE A LOOK AT THE ONE THAT'S NUMBER TWO, WHICH IS -- POINT TO IT THERE. IT'S IN THE MIDDLE. YES. YES, THAT'S THE ONE I'M THINKING OF. I THINK THAT THE OVERALL PLAN DESIGN . . . 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IS, INDEED, PLANS THAT THAT WILL BE A HOLE. MR. GRINDSTAFF: WHAT IF IT'S RIGHT THERE OR RIGHT THERE? MR. BLAKE: EXACTLY MY POINT. WHICH MEANS IF WE TOOK THE CENTER POINT OF THAT AND DREW A CIRCLE OF SOME RADIUS FEET AND, SAY, THE CENTER POINT OF THIS PARK -- THIS PARK HAS TO BE X NUMBER OF ACRES AND THE CENTER OF THE PARK HAS TO LIE SOMEWHERE WITHIN THIS RADIUS, WHICH MEANS IT COULD BE ALL THE WAY TO ONE END, ALL THE WAY TO THE OTHER END. I THINK WE CAN CONSTRUCTIVELY NEGOTIATE WHAT THAT MEASUREMENT OUGHT TO BE, WHETHER IT'S 50 FEET OR 250 FEET. IT'S PROBABLY NOT 1,000 FEET. I DON'T KNOW WHAT THE NUMBER MIGHT BE. BUT THE IDEA BEING THAT IT GIVES YOU THE FLEXIBILITY OF DIFFERENT SIZE LOTS OR A LARGER DEVELOPMENT, SMALLER DEVELOPMENTS. YOU CAN PUSH IT TO ONE SIDE. YOU CAN PUSH IT TO ANOTHER SIDE. BECAUSE, LISTEN, EVENTUALLY, THIS PLACE PROBABLY ISN'T GOING TO DEVELOP ALL AT ONCE. SO, EVENTUALLY, THAT PARK'S GOING TO HAVE TO BE DEFINED, AND PROBABLY BEFORE THE FINAL DE~ELOPMENT IS IN PLACE. SO SOMEBODY'S GOING TO HAVE TO BITE THE BULLET AND SAY, OH, THAT PARK'S ALREADY THERE. MR. GRINDSTAFF: NO ARGUMENT. 159 . 1 MR. BLAKE: BY DOING IT THIS WAY, IT'S AN 2 INCENTIVE TO WHOEVER'S FIRST, THEY CAN MOVE IT 3 ALONG THIS SIDE OR THAT SIDE. MAYBE YOU CAN GET A 4 SMALLER DEVELOPMENT AND YOU'LL WANT TO BRING IT UP 5 TIGHT AGAINST THAT SIDE. THIS WOULD ENABLE 6 EVERYBODY COULD GET TO WHERE WE NEED TO BE. GIVES 7 YOU THE FLEXIBILITY. LET'S US KNOW EXACTLY WHERE 8 THE PARKS ARE GOING TO BE IN TERMS OF A CLOSE 9 AREA, STILL GIVES YOU THE FLEXIBILITY TO CHANGE 10 THE ROADS, CHANGE THE SIGNS, EVERYTHING ELSE. 11 MR. MCLEMORE: IF I COULD COMMENT ALONG YOUR 12 LINES. . ~- 13 MR. BLAKE: CERTAINLY. 14 MR. MCLEMORE: WHAT CONCERNS ME IS SOMEWHERE 15 IN HERE, ALL THESE PARKS ARE GOING TO BE BROUGHT 16 TOGETHER TO ONE PARK OF APPROXIMATELY 4 ACRES. 17 THIS IS NOT WHAT THIS IS INTENDED TO BE. THIS IS 18 NOT THE INTENT TO CREATE ONE BIG PARK FOR 19 EVERYBODY. IT'S INTENDED TO HAVE THESE 20 GREENSPACES, PLACES OF INTEREST AND BENCHES AND 21 LITTLE -- THAT PEOPLE ENJOY WALKING AROUND. THIS 22 IS INTENDED TO BE A WALKABLE COMMUNITY. AND THAT 23 BOTHERS ME. 24 AND YOU KNOW, I WOULD GO TO THE POINT OF . 25 SAYING THAT AS LONG AS WE CAN PROVIDE SOME . . . 17 18 19 20 21 22 23 24 25 160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 CERTAINTY OF THAT, THAT WE WOULD NOT TAKE FEE-SIMPLE TITLE TO THEM, BUT WE WOULD AGREE NO MORE. THEY DON'T GO AWAY AFTER TEN YEARS, THAT THEY'RE GOING TO BE THERE. I DON'T CARE IF IT TAKES 100 YEARS. AND THE SECOND THING IS -- I FORGOT WHAT THE SECOND THING WAS. THE MAIN THING IS THAT THEY DON'T GET BOXED UP INTO ONE PARK AND THEY DON'T GO AWAY. AND BASED ON THAT, BY SPECIAL EXCEPTION, WHICH MEANS NOT BY THE DEVELOPMENT REVIEW, BUT BY DEVELOPMENT REVIEW AND THE COMMISSION, THAT A CHANGE IN THE PLAN CAN BE MADE AS LONG AS IT MEETS WHATEVER THOSE REQUIREMENTS ARE THAT WE SET OUT; YOU KNOW, ONE IN FOUR QUADRANTS OR WHATEVER. I WOULD AGREE TO NOT TAKE FEE-SIMPLE TITLE INITIALLY, WHICH WOULD TEND TO FIX THE ROADS IN A PLACE YOU MIGHT NOT WANT TO BE. MAYOR PARTYKA: IS THAT IT? MR. MCLEMORE: YES. MAYOR PARTYKA~ I'D LIKE TO MAKE A COMMENT. ONE IS TECHNICAL, AND I'LL DO THAT IN A SECOND. ONE IS ON THIS ISSUE. A COUPLE THINGS HERE. NUMBER ONE, I WANT TO I'D LIKE TO MAKE A COMMENT. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 161 SAY THIS AGAIN. WE HERE AS A COMMISSION ARE NOT PLANNERS AND DEVELOPERS. AND I HAVE A LITTLE CONCERN HERE THAT WE'RE TRYING TO PLAN THIS THING AT THE COMMISSION TABLE HERE. AND I'LL TELL YOU WHAT MR. BLAKE: MR. MAYOR. MAYOR PARTYKA: NO. LET ME TALK. MR. BLAKE: I UN~ERSTAND. BUT I JUST WANT TO SAY THAT I ABSOLUTELY AGREE WITH YOU, BUT IT'S ALREADY GONE THROUGH THAT PROCESS. AND A YEAR AND A HALF LATER, THIS IS WHERE IT LANDS. MAYOR PARTYKA: LET ME GET TO THE PART I'M ON. I STILL HAVE A CONCERN ON THIS. THE OTHER PIECE ON THIS IS, AGAIN, THIS IS THERE'S A SCHEMATIC. WE DON'T KNOW WHERE THESE ROADS ARE GOING TO BE, OUTSIDE OF A FEW BASIC THINGS IN TERMS OF SCHEMATICS. WE STILL DON'T KNOW. I MEAN, THEY'VE GOT TO BE SURVEYED. THEY'VE GOT TO PLAN IT OUT. WE DON'T KNOW WHERE THESE ROADS ARE GOING TO BE. THAT'S NUMBER TWO. THE REALISTIC SITUATION IS WE ARE NOT GOING TO HAVE_A MASTER DEVELOPER HERE. REALISTICALLY, IT WILL PROBABLY BE BROKEN OUT BY CHUNKS, WHETHER IT'S 30 ACRES, 50 ACRES, 100 ACRES, WHATEVER IT IS. MAYBE A PIECE TO CONSIDER IT IS, AS WE GET 162 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - -_0. 23 24 25 . . INTO CHUNKS OF DEVELOPMENT, AS THE DEVELOPER WHOEVER COMES IN -- SAYS, OKAY, HERE'S ABOUT WHAT WE WANT TO DO. HERE'S ABOUT WHERE WE SHOULD HAVE SOME OPEN SPACE. AT THAT POINT IN TIME, WE DEDICATE IT TO THE CITY WHEN THE DEVELOPER, IN EFFECT, FIXES WHERE HE WANTS IT TO BE. AT THAT POINT IN TIME IN FACT, IT'S LIKE' A THREE OR FOUR OR FIVE DAYS TAKEDOWN. MR. MCLEMORE: WELL, THAT'S WHAT I SAID. MAYOR PARTYKA: THAT'S EXACTLY RIGHT. MR. MCLEMORE: WE WOULDN'T TAKE TITLE INITIALLY, BUT WE WOULD SAY WHEN THE DEVELOPER COMES IN, BY SPECIAL EXCEPTION, HE CAN CHANGE THE LOCATION. MAYOR PARTYKA: RIGHT. I DON'T WANT TO DO IT ALMOST BEFORE. I'D LIKE TO DO IT AFTER AS LONG AS WE KNOW. BECAUSE THERE'S GOING TO BE FOUR OR FIVE DEVELOPERS. MR. MCLEMORE: AND I WOULD ADD ONE MORE CAVEAT. THIS IS WHAT I WAS THINKING OF A MINUTE AGO. IF THE CITY SHOULD CHOOSE TO GO IN AND DEVELOP THE PARK INITIALLY, THEN I THINK WE SHOULD HAVE A RIGHT TO TAKE TITLE TO IT THEN. MAYOR PARTYKA: NOW, HERE IS THE TECHNICAL PIECE. AT 20 OF 11 O'CLOCK, THIS MEETING WILL GO . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 163 OVER. BECAUSE BY COMMISSION STANDARDS, IT HAS TO BE A SUPER MAJORITY OF FOUR PEOPLE. SO AT 11 O'CLOCK, IT'S OVER. MR. BLAKE: THERE'S NO MAJORITY. WHEN THERE'S THREE, IT'S 100 PERCENT. OF US. IT'S ALL THREE MAYOR PARTYKA: NO. I BELIEVE IT'S STILL FOUR EITHER WAY. MR. BLAKE: THAT RULE WILL BE MADE BEFORE 11 O'CLOCK. TRUST ME ON THAT. MAYOR PARTYKA: MY ONLY QUESTION IS THIS: REGARDLESS, WHETHER IT'S FOUR OR THREE, I MEAN, WE'LL GET -- THE POINT IS, FROM A PRACTICAL STANDPOINT, ARE WE PREPARED TO STAY HERE PAST 11 O'CLOCK? MR. MCLEMORE: MAYOR PARTYKA: I HOPE YOU ARE. IT'S VALENTINE'S DAY. MR. MARTINEZ: WE'RE DOING PRETTY GOOD, LET ME TELL YOU. MR. MCLEMORE: AND WHEN WE'RE THROUGH WITH THIS ISSUE, WE'RE DONE. MAYOR PARTYKA: WE'RE JUST STARTING. WE HAVEN'T COME BACK TO THE NEGOTIATION POINT. WE'RE JUST GETTING OUT TO THE ISSUES. WE'RE NOT DONE WITH THE ISSUES YET. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 164 MR. MCLEMORE: ONE MORE BIG ISSUE, I THINK. MAYOR PARTYKA: WELL, I'M JUST TRYING TO SAY, IN 15 MINUTES, THIS THING IS 11 O'CLOCK. OKAY. AND I THINK WE OUGHT TO PLAN FOR THE NEXT MEETING. THAT'S WHAT I SAY. MR. MCLEMORE: I'M NOT SURE WE CAN'T CUT THIS DEAL TONIGHT. MR. GRINDSTAFF: I'M FAIRLY CONFIDENT WE CAN'T CUT IT TONIGHT. BUT I THINK -_ MR. MILLER: WAS THAT CAN OR CAN'T? MR. GRINDSTAFF: THAT WE CANNOT CUT IT TONIGHT. I THINK SOME GOOD IDEAS HAVE COME ONTO THE TABLE. AND I THINK WHAT'S VERY CLEAR AND SHOULD BE CLEAR TO ALL FOUR OF YOU, IS THAT WE'RE NOT THAT FAR AWAY. WE REALLY AREN'T THAT FAR AWAY, EITHER __ LIKE I WAS SAYING, I THINK IT'S IMPORTANT TO GET THE OTHER ISSUE ON THE TABLE. I THINK YOU CAN GET SOME GUIDANCE FROM THE COMMISSION. I THINK WE CAN HAVE SOMETHING FOR YOU TO VOTE ON, YEA OR NAY, IN TWO TO FOUR WEEKS; TO VOTE ON. THAT DOESN'T NECESSARILY MEAN WE'RE ALL GOING TO AGREE, BUT YOU'LL HAVE SOMETHING TO ABSOLUTELY VOTE ON, WHICH WOULD INCLUDE AN AGREEMENT THAT WE CAN EITHER LIVE WITH OR NOT LIVE WITH. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 165 I THINK THE RADIUS IDEA ON THE PARKS GOES A LONG WAY IN CURING, PROBABLY, WHAT WE THOUGHT WAS THE MOST INSURMOUNTABLE PROBLEM HERE. MAYOR PARTYKA: OKAY. WELL, WE STILL HAVE TWO MORE. MR. MCLEMORE: AND I THINK THE COMMISSION CAN SEE THAT WE REALLY WRANGLED ON THESE ISSUES. MAYOR PARTYKA: OKAY. WE'RE GETTING OFF THE SUBJECT. WE KNOW YOU'RE WORKING HARD. NOW, WE'VE GOT TWO MORE POINTS THAT WE HAVE TO DISCUSS YET: ONE, THE VERIFICATION OF THE WATER/SEWER SITUATION IN TERMS OF GOING TO THE PROPERTY LINE, AND THEN THE LAST POINT IS SOME KIND OF RECAPTURING OF THE COST OF THE CONNECTION FEES. THAT'S STILL TWO POINTS OUTSTANDING OF THE SIX POINTS. WE'VE TALKED ABOUT THE FOUR SO FAR. MR. MCLEMORE: LET'S GO TO THE UTILITY CONNECTION CHARGE. MAYOR PARTYKA: OKAY. MR. MCLEMORE: WHEN WE BROUGHT UP, INITIALLY -- AND THIS WAS A POINT OF CONCERN TO THE SCHRIMSHERS -- THE STAFF'S THINKING ALWAYS WAS THAT BY BUILDING -- PUTTING THE COLLECTOR ROAD INTO THE TRANSPORTATION ELEMENT OF YOUR COMPREHENSIVE PLAN, WE COULD BUILD THE ROAD BY . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 166 IMPACT FEES, ALLOW THE DEVELOPER TO GO AHEAD AND BUILD AND GIVE THEM IMPACT FEE CREDITS. OR WE COULD BUILD IT OURSELVES, AND THAT WOULD BE GOOD INCENTIVE TO GET (INAUDIBLE) AND YOU WOULD HAVE A SOURCE OF FUNDING. WITH THE UTILITY CHARGES, WE'VE NEVER HAD AN IMPACT FEE FOR BUILDING LINE EXTENSIONS. OUR IMPACT FEE COVERS THE PLANTS. SO NO ONE IN THIS CITY HAS EVER BEEN GIVEN AN IMPACT FEE CREDIT FOR LINE, AND WE HAVE NO WAY, REALLY, OF PAYING FOR THESE LINE EXTENSIONS THAT WE'RE AGREEING TO OTHER THAN TO RECAPTURE THEM THROUGH A CONNECTION CHARGE THAT WOULD BE IN THIS AREA ONLY. OR WE DO IT -- WE ADD IT TO A LONG-TERM BOND ISSUE, WHICH WE WERE THINKING ABOUT ANYHOW, TO BRING IT TO YOU, WHICH WOULD RESULT IN EVERYBODY, EVERY USER IN THE CITY, MAKING A CONTRIBUTION TO' THIS PROJECT. THAT HAS, YOU KNOW, CERTAIN BENEFITS TO EVERYBODY IN THE CITY. SO WHAT WE HAD STATED WAS WE WANTED TO RESERVE THE RIGHT TO HAVE THIS PAID FOR BY CONNECTION CHARGES. SO IF WE SP~ND THE MILLION THREE OR THE MILLION ONE, OR WHATEVER IT IS, THEN OVER A PERIOD OF TIME THAT COST WOULD BE RECAPTURED THROUGH THE CONNECTION CHARGES THAT 167 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PEOPLE CONNECT ONTO IT. THAT'S BEEN A REAL AREA OF CONCERN AND CONTENTION, AS WE'VE GONE THROUGH NEGOTIATIONS HERE AND ONE THAT NEEDS TO BE SETTLED. IT CAN BE FINANCED EITHER WAY. THE QUESTION IS WHAT IS THE BEST WAY. AND THAT -- I THINK THAT HAS TO BE ANSWERED WITHIN THE CONTEXT OF ALL THESE OTHER ISSUES IN TERMS OF GETTING TO A FINAL AGREEMENT. DO YOU UNDERSTAND WHAT I'VE LAID OUT? MAYOR PARTYKA: I WAS JUST GOING TO SAY, CITY MANAGER, BASED ON THESE OTHER THINGS, IF YOU HAD TO GO AND CHOOSE, HOW YOU WOULD LIKE TO DO IT AT THIS POINT? HOW WOULD YOU LIKE TO DO IT? MR. MCLEMORE: WELL, AS YOUR BUSINESS MANAGER, I'M ALWAYS INTERESTED IN TRYING TO RECAPTURE AS MANY DOLLARS AS I CAN. YOU KNOW, TO GET TO A GOOD AGREEMENT, I THINK THER2'S SOME VALUE IN AGREEING TO MAKE THIS PART OF A LONG-TERM IMPROVEMENT PROGRAM. OR A THIRD ALTERNATIVE WOULD BE TO HAVE A RECAPTURE POLICY THAT YOU WOULD ALLOW CREDITS ON FOR PEOPLE COMPLYING IN SOME SPECIAL WAY WITH YOUR ORDINANCE. IN OTHER WORDS, IF YOU'RE WILLING TO BUILD ON MAIN STREET, THEN YOU WOULD ALLOW THEM TO BE -- NOT HAVE TO PAY THAT CONNECTION CHARGE. OR . . 168 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IF YOU DID A SPECIAL TYPE OF PROJECT THAT WE ASKED YOU TO DO MORE THINGS THAN YOU WERE REQUIRED TO DO, YOU WOULD GIVE A CREDIT OF THAT CONNECTION CHARGE. THAT'S A LESS CERTAIN WAY, BUT IT HAS SOME APPEAL IN TERMS OF GIVING AN INCENTIVE TO SOMEONE FOR DOING SOMETHING THAT YOU WANT INSIDE THE PLAN. SO WITH THOSE THREE ALTERNATIVES -- AND I JUST THOUGHT OF THIS ONE. SO WITH THOSE ON THE TABLE, I MEAN, MAYBE YOU OUGHT TO HEAR FROM THE SCHRIMSHERS. MAYOR PARTYKA: COMMISSIONER MARTINEZ, DO YOU WANT TO HEAR FROM THE SCHRIMSHERS FIRST OR DO YOU WANT TO SAY SOMETHING? MR. MARTINEZ: NO. I'LL HEAR FROM THEM. MAYOR PARTYKA: OKAY. AND YOUR POSITION? OH, COMMISSIONER MILLER, YES. MR. MILLER: THIS WILL JUST TAKE A SECOND. . THIS IS TO THE CITY MANAGER. IF YOU RUN A LINE . DOWN THE ROAD, AND THEN THE PEOPLE WHO BUILD ON THE PROPERTY PAY THE CONNECTION CHARGE, THAT WOULD BE FACTORED INTO THE OVERALL COST OF THEIR PROJECT AND DIVIDED BY THE NUMBER OF UNITS IF YOU SOLD THE UNITS. IN THE ALTERNATIVE, YOU WOULD SELL BONDS -- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 169 MR. MCLEMORE: RIGHT. MR. MILLER: -- BUILD IT, AND THEN GET THE MONEY BACK WHEN THEY HOOK UP BY THE SAME WAY. MR. MCLEMORE: NO. YOU GET YOUR MONEY BACK EVERY MONTH WHEN THEY PAY THE BILL. IT WILL BE BUILT IN THROUGH YOUR RATE. AND I THINK WE'VE LOOKED AT THIS ALREADY. IT WOULD NOT REQUIRE AN INCREASE IN YOUR RATES TO DO IT. MR. BLAKE: SPREAD OUT ACROSS THE WHOLE CITY. MR. GRINDSTAFF: I'LL TRY TO BE IN A NUTSHELL ON THI&. THIS ONE IS A BIG ONE. I THOUGHT WE WERE OVER IT, BUT WE'RE NOT. AND I THINK -- YOU KNOW, TALKING ABOUT WHAT ARE THE SCHRIMSHERS GIVING THE CITY AND WHAT ARE WE DOING FOR THE SCHRIMSHERS? THEY'RE GIVING US THIS DONUT HOLE. THEY'RE GIVING US THE WETLAND PARK, AND WE'RE GOING TO DO A COUPLE OF THINGS. THEY'RE GOING TO LIVE WITH THIS CODE. WE'RE GOING TO BUILD THEM A ROAD, BUT WE'RE GOING TO COLLECT IMPACT FEES BACK FROM THE PEOPLE WHO LIVE THERE. WE'RE GOING TO EXTEND THE SEWER LINE AND, NOW, THE POSSIBILITY OF TALKING OF - RECOUPING THAT FROM THE PEOPLE WHO LIVE THERE. AND MEANWHILE, WHAT'S GOING ON WITH THE SCHRIMSHERS? WE NEVER ASKED TO BE PART OF THIS . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - --.- 23 24 25 . . 170 TOWN CENTER. WE NEVER ASKED TO BE THE EPICENTER OF THE TOWN CENTER. THE CITY WANTS THE CITY AND ALL OF THE PEOPLE WHO VOTED FOR IT AND ATTENDED THE CHARRETTES AND DID WHATEVER IT IS THEY DID THERE, WANTED TO HAVE THE TOWN CENTER IN THIS LOCATION. ONE THING, I THINK, GOES WITHOUT BEING ARTICULATED A LOT IS THE RISK OF FAILURE. THESE PROJECTS ARE FAILING. NOT ALL OF THEM, BUT SOME OF THESE PROJECTS ARE FAILING AROUND THE UNITED STATES. YOUR OWN CONSULTANT, MR. GIBBS -- WE CIRCULATED AN ARTICLE AT P&Z. I DON'T KNOW IF IT MADE IT TO GUYS AT COUNCIL OR NOT. SOME OF THESE THINGS ARE FAILING. WHAT'S GOING TO HAPPEN WHEN THIS THINGS FAILS AND YOU GUYS ARE ALL GONE AND WE'VE GOT THIS THING AND WE'RE COMMITTED TO THIS TOWN CENTER, HOPING LIKE THE DICKENS THAT IT COMES ON? I THINK ONE OF THE THINGS THAT THE SCHRIMSHERS ARE LOOKING FOR IS, HELP US MAKE SURE THAT THIS THING AT LEAST HAS A REALISTIC CHANCE OF BEING JUMP-STARTED AND LET'S GO WITH IT. IN ORDER TO JUMP-START IT, THIS IS WHAT WE THINK IS FAIR. WE THINK -- NOT ONLY ARE THEY GIVING UP THE LAND 171 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AND THEY'RE ENCUMBERING THEIR LAND WITH THIS SPIDER WEB OF ILLUSTRATIVE PLANS AND GIVING UP THESE PARKS, THESE DONUT HOLES, WHICH MAY HAVE RAISED THIS, THEY'RE ALSO TAKING SOME RISK. WE'D LIKE FOR YOU TO DO YOUR PART AND GET THE SEWER LINES -- SEWER AND WATER LINES TO THE PROPERTY AND NOT CHARGE OUR END USERS FOR IT, FOR THE LINES. YOU OBVIOUSLY ARE GOING TO SELL MORE SEWER CAPACITY AND WATER CAPACITY TO THOSE PEOPLE AND YOU'RE GOING TO COLLECT AD VALOREM TAXES. BUT DON'T HIT THEM AGAIN WITH A SURCHARGE SO THAT THEY COME TO US AND SAY, HEY, MR. LANDOWNER, WE'RE GOING TO HAVE TO PAY THIS SURCHARGE TO THE CITY, SO WE CAN PAY YOU LESS FOR THIS PROPERTY, WHICH IS SUPPOSED TO HAVE THESE BENEFITS. THAT WASN'T THE DEAL. IN TERMS OF THE QUID PRO QUO -- AND THAT LITTLE THING THAT -- THAT LITTLE MEMO THAT CIRCULATED ABOUT ALL THIS MONEY THAT'S GOING TO THE PROPERTY OWNER. WELL, ONE THING IS CERTAIN THAT WASN'T IN THAT MEMO WAS THE RECAPTURE OF MOST OF IT; ONE IN IMPACT FEES FROM ROADS AND THE OTHER ONE IN SOME TYPE OF SURCHARGE FOR THE SEWER. WE FELT LIKE THAT WAS A SIGNIFICANT STEP BACKWARD, BACK AWAY FROM WHAT WE HAD ALL BEEN . . 172 tt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TALKING ABOUT FOR MONTHS. AND THAT WAS VERY PROBLEMATIC AND STILL IS. THAT'S THE SCHRIMSHERS' POSITION. MR. MCLEMORE: OBVIOUSLY, EVERYTHING IS PAID BY THE TAXPAYER IN SOME WAY. IT'S JUST A MATTER OF HOW YOU COLLECT IT. MAYOR PARTYKA: HOLD ON. COMMISSIONER MARTINEZ. MR. MARTINEZ: I TEND TO AGREE WITH THE MANAGER ON THIS ONE, BECAUSE IT REMINDS ME OF THE FIRST AGREEMENT THAT WAS SUBMITTED TO US BY THE SCHRIMSHER GROUP. THE CITY SHALL, AT THEIR EXPENSE; THE CITY SHALL, AT THEIR EXPENSE; THE CITY SHALL -- THERE WERE ABOUT 18 ITEMS OF THE CITY SHALL, AT THEIR EXPENSE. BUT THERE WAS NOTHING THERE THAT SAYS, THE SCHRIMSHERS SHALL, AT OUR EXPENSE. AND I THINK THAT I HAVE TO SUPPORT THE MANAGER ON THIS ONE. AND FURTHERMORE, I WANTED TO CLARIFY ONE POINT WHEN THE MAYOR SAID WE'RE NOT EXPERTS. WELL, I DON'T THINK ANYONE HERE PROFESSES TO BE AN ENGINEER, AN ARCHITECT, OR ANYTHING LIKE THAT. _ BUT, LIKE A JUDGE IN A COURT, YOU SIT THERE AND YOU LISTEN TO THE EXPERTS. WE HAVE THE STAFF PEOPLE. WE HAVE HIS . . - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 lS 16 17 18 19 20 21 22 23 24 25 . . 173 PEOPLE. WE HAVE OUR MANAGER AND OUR ATTORNEY. AND WE SIT HERE AND WE LISTEN AND WE GATHER ALL THIS INFORMATION THAT'S PROVIDED TO US. AND I THINK WE'RE EQUIPPED TO MAKE -- BASED ON WHAT IS PROVIDED TO US, WE ARE EQUIPPED TO MAKE SOME SOUND DECISIONS. BECAUSE IF WE ARE NOT DOING THAT, I THINK WE ARE RAPING THE CITY OF WINTER SPRINGS AND ITS BUSINESS. OKAY. I THINK THAT WE DO APPLY OURSELVES TO THE TASK AT HAND AND WE DO OUR BEST TO MAKE SURE THAT EVERYTHING GOES DOWN THE BEST WAY FOR THE CITIZENS OF WINTER SPRINGS AND, IN THIS CASE, TO ALSO SATISFY THE DEVELOPER AND HIS ATTORNEY WHO ARE HERE. THANK YOU. MAYOR PARTYKA: THANK YOU, COMMISSIONER. COMMISSIONER MILLER. MR. MILLER: MY LIGHT WASN'T ON. MAYOR PARTYKA: OKAY. COMMISSIONER BLAKE, ,YOUR LIGHT'S ON, BUT NOT HERE. MR. BLAKE: WHAT PORTION OF THE DOLLARS OF THAT SPINE ROAD COST ARE THE UTILITIES? MR. MCLEMORE: KIP, $200,000 ON 3HOSE? MR. LOCKCUFF: YES. MR. BLAKE: WHICH SPINE ROAD IS THAT? MR. LOCKCUFF: BASICALLY, ALL OF THEM. TWO 174 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HUNDRED ON EACH OF THEM. MR. BLAKE: SO EVEN THOUGH THEY'RE DIFFERENT LENGTHS, IT'S ALL PRETTY MUCH THE SAME? MR. LOCKCUFF: BEST GUESS. MR. BLAKE: JUST USE THINNER PIPE THAT'S LONGER. SORRY. $200,000 FOR THE WATER AND SEWER INFRASTRUCTURE ALONG THE SPINE ROAD -- TAKE THE MIDDLE ONE JUST BECAUSE IT'S THE AVERAGE -- EACH DEVELOPMENT THROUGHOUT THEN FEEDS OFF THE SPINE ROAD; IS THAT CORRECT? WHAT ABOUT ONE ON MAIN STREET? WHERE DOES ITS UTILITIES COME FROM? I SAY MAIN STREET, TUSCAWILLA ROAD THERE. SEE THAT PARCEL NEXT TO MAGNOLIA PARK? WHERE DOES IT RECEIVE UTILITIES FROM? MR. LOCKCUFF: MOST OF THE UTILITIES WOULD GO IN WHEN WE BUILD TUSCAWILLA ROAD. MR. BLAKE: SO IS THERE WATER AND SEWER ALONG TUSCAWILLA ROAD? MR. LOCKCUFF: THERE'S WATER PRESENTLY. MR. BLAKE: WHAT ABOUT SEWER? MR. LOCKCUFF: YOU P~OBABLY WOULDN'T PUT THE SEWER DOWN THE MAIN LINE. MR. BLAKE: WHERE IS -- IF DEVELOPMENT TOOK PLACE ON THE PROPERTY NEXT TO MAGNOLIA -- PICK A . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 175 SIDE, EITHER SIDE. DOESN'T MATTER -- WHERE WOULD THEIR SEWER SERVICE COME FROM? MR. LOCKCUFF: I DON'T KNOW AT THIS TIME. IT DEPENDS ON WHAT ELSE WAS DEVELOPED. MR. BLAKE: IS THAT OUR RESPONSIBILITY TO PROVIDE SEWER TO THAT LOCATION, OR WOULD OUR RESPONSIBILITY BE ONLY TO PLACE WATER AND SEWER DOWN THE SPINE ROAD? MR. MCLEMORE: DOWN THE SPINE ROAD. MR. LOCKCUFF: RIGHT. MR. BLAKE: FROM WHICH END OF THE SPINE ROAD? IN OTHER WORDS, WHERE WOULD IT TERMINATE? MR. LOCKCUFF: THE WATER WOULD LOOP. MR. BLAKE: BECAUSE WATER'S ALREADY OUT THERE, RIGHT? MR. LOCKCUFF: CORRECT. MR. BLAKE: WHAT ABOUT THE SEWER? WHICH END WOULD THE SEWER COME IN FROM? WOULD IT NOT COME FROM THE SOUTHEAST END DOWN THERE? MR. LOCKCUFF: WHEN WE SAY 200,000 FOR SEWER, I'M THINKING ONLY SLEEVES UNDER THE ROAD, NOT NECESSARILY G8AVITY LINES, FORCE MAINS, NONE OF THAT. THAT WOULD BE CONTINGENT ON THE OVERALL SITE DEVELOPMENT. MR. BLAKE: WHAT EXACTLY ARE WE AGREEING TO . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 176 DO? MR. LOCKCUFF: MOSTLY OFF SITE. THE MILLION THREE WE'RE TALKING ABOUT IN UTILITIES IS OFF SITE, GETTING IT TO MR. BLAKE: THE 200,000. MR. MCLEMORE: NO. NO. THERE'S UTILITIES IN THE ROAD SYSTEM AND THEN THERE'S THE COST OF GETTING WA~ER AND SEWER TO THE SITE. MR. BLAKE: SO THE TOTAL COST OF UTILITIES IS ABOUT A MILLION AND A HALF. MR. LOCKCUFF: THE HIGH END. MR. BLAKE: TOTAL COST THAT WE WOULD PICK UP ON THIS ISSUE. THE QUESTION IS, HOW DO WE FINANCE THAT MILLION AND A HALF? MR. MCLEMORE: CORRECT. MR. BLAKE: BECAUSE THESE ARE ALL JUST FINANCIAL QUESTIONS, WHETHER WE COLLECT IT FROM THE PEOPLE ON THE PROPERTY WHO HAVE THE CHIEF BENEFITS OR IF WE COLLECT IT ACROSS THE ENTIRE CITY, CORRECT? MR. MCLEMORE: CORRECT. MR. BLAKE: HAS ANYBODY DONE ANY STUDIES AS - TO WHAT TYPE OF REVENUE AT BUILD-OUT THIS MIGHT BRING IN AND HOW THAT WOULD AFFECT OVERALL CAPACITY IN THE COST STRUCTURE? . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 - 23 24 25 177 MR. MCLEMORE: YOU'RE TALKING CAPACITY ANALYSIS. MR. LOCKCUFF: WE'VE LOOKED AT THE CAPACITY, BUT NOT REVENUES ON THE RATE SIDE. MR. BLAKE: SO ON THE REVENUE, IF WE CHOSE NOT TO COLLECT IT THROUGH A CONNECTION SURCHARGE AND IF WE CHOSE NOT TO SPREAD IT AMONGST THE REMAINDER OF THE CITY, BUT CARRY IT UNTIL THIS PLACE CAME ON LINE, REGION-WISE, THERE'S NO TELLING WHAT TYPES OF REVENUES MAY CONNECT? MR. MCLEMORE: IT'S GOING TO DEPEND ON THE DENSITY OF THE DEVELOPMENT. MR. BLAKE: OBVIOUSLY. DO WE HAVE ANY RANGES OR THOUGHTS? MR. MCLEMORE: WE COULD CREATE SOME THOUGHTS ON IT. WHAT WE DO KNOW AND FEEL PRETTY COMFORTABLE WITH IS THAT IF WE INCLUDED IT IN A LONG-TERM BOND ISSUE, IT WOULD NOT HAVE AN IMPACT ON CHANGING RATES. MR. LOCKCUFF: SPREAD THROUGHOUT THE ENTIRE CITY. MR. MCLEMORE: RIGHT. MR. BLAKE: CURRENTLY. BUT IT WOULD CLEARLY AFFECT OUR -- WELL, IT'S GOING TO AFFECT OUR RATES SOMEWHAT. 178 . 1 MR. MCLEMORE: SOMEWHERE DOWN THAT LINE. 2 RIGHT. 3 MR. BLAKE: WHAT YOU'RE BASICALLY SAYING IS 4 WE HAVE ENOUGH SURPLUS CURRENTLY COMING IN THAT 5 THAT COVERAGE RATIO WOULD BE FINE. BUT, 6 OBVIOUSLY, THAT WOULD KEEP US FROM LOWERING RATES. 7 MR. MCLEMORE: IF YOU LOOKED AT IT ON THE 8 I CITY-WIDE BASIS, AND YOU'RE GOING TO SAY WE'RE 9 GOING TO FINANCE IT CITY-WIDE, AND THEN YOU LOOKED 10 AT THEIR PORTION OF THE OVERALL CITY-WIDE, AND 11 THEN LOOK AT WHAT REVENUE THEY'RE GOING TO 12 GENERATE, IT MIGHT BE AN INTERESTING THOUGHT TO .' ~ 13 FOLLOW THROUGH ON. 14 MR. BLAKE: OKAY. THANK YOU. 15 MAYOR PARTYKA: OKAY. ANYONE ELSE THAT WOULD 16 LIKE TO SPEAK AT THIS POINT? 17 OKAY. JUST, AGAIN, ADMINISTRATIVE 18 PROCEDURE. IT'S TWO MINUTES OF 11:00. AGAIN, 19 I'VE TRIED TO LOOK AT THE RULE. IT SAYS SUPER 20 MAJORITY, WHETHER IT'S THREE OR FOUR -- IT DOESN'T 21 QUITE SAY THAT, BUT THAT'S OKAY. 22 WHAT ARE WE GOING TO DO? COMMISSIONER BLAKE. 23 MR. BLAKE: I'D LIKE TO MAKE A MOTION TO 24 EXTEND THE MEETING FOR ONE HOUR, PLEASE. . ~ 25 MR. MARTINEZ: SECOND. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 179 MAYOR PARTYKA: CALL THE VOTE, PLEASE. THE CLERK: COMMISSIONER MAR MAYOR PARTYKA: YOU HAVE THE POSITION TO SAY "NO" OR I'YES. " MR. MILLER: I'M SORRY. WHO DID YOU CALL? THE CLERK: COMMISSIONER MARTINEZ. MR. MARTINEZ: AYE. THE CLERK: COMMISSIONER BLAKE. MR. BLAKE: AYE. THE CLERK: COMMISSIONER MILLER. MR. MILLER: NAY. MAYOR PARTYKA: OKAY. MOTION FAILS. WE NEED TO PREPARE FOR OUR NEXT MEETING. MR. BLAKE: MAYOR. MAYOR PARTYKA: YES. MR. BLAKE: WE NOW HAVE A QUANDARY THAT I MENTIONED LONG BEFORE WE WERE DOING THE RULES; AND THAT IS YOU CANNOT ADJOURN A MEETING __ MR. MILLER: MR. MAYOR. MR. BLAKE: -- WITHOUT A MOTION AND APPROVAL OF THE COMMISSION. MAYOR PARTYKA: NO. GIVEN-- MR. BLAKE: NO, SIR. IT'S RIGHT HERE. IRRESPECTIVE OF THE TIME OF DAY, THE RULE STATES, COMMISSION MEETINGS SHALL BE ADJOURNED BY 11:00 . . . 180 1 P.M. HOWEVER -- OH, HERE WE GO. I'M SORRY. 2 NUMBER 14. REGARDLESS OF THE TIME, ADJOURNMENT 3 SHALL REQUIRE A MOTION, A SECOND, AND A MAJORITY 4 I WOULD SUGGEST TO YOU THAT'S NOT GOING TO VOTE. 5 BE POSSIBLE THIS EVENING. 6 MAYOR PARTYKA: WELL, IF WE'RE IN A 7 STALEMATE -- IN A STALEMATE -- 8 MR. MARTINEZ: POINT OF ORDER. 9 MAYOR PARTYKA: -- I WILL -- 10 MR. MARTINEZ: MAY I MAKE A MOTION TO 11 RECONSIDER BASED ON THE FACT THAT WE HAVE PEOPLE 12 THAT HAVE BEEN SITTING HERE ALL NIGHT, WAITING TO 13 SPEAK ON A PUBLIC ITEM, PUBLIC HEARING ITEM, AND 14 WE ALSO HAVE STAFF PEOPLE WHO ARE WAITING HERE TO 15 DEAL WITH AN AGENDA ITEM AND HAVE BEEN WAITING 16 HERE SINCE 5 O'CLOCK. I MAKE A MOTION TO 17 RECONSIDER THE PREVIOUS VOTE. 18 MAYOR PARTYKA: OKAY. IS THERE A SECOND? 19 MR. MILLER: MR. MAYOR, MY LIGHT'S BEEN ON 20 FOR A COUPLE MINUTES NOW. I TRIED TO SAY 21 SOMETHING, BUT YOU TOLD ME I'D HAVE MY CHANCE TO 22 VOTE, SO I DID, BECAUSE I DIDN'T HAVE A CHANCE 23 TO 24 MAYOR PARTYKA: YEAH. I'M JUST SAYING, AS A 25 POINT OF ORDER, ONCE SOMEONE MAKES -- . . . 181 1 MR. MILLER: NO. I UNDERSTAND. BUT, YOU 2 KNOW, IF YOU WANT TO END A MEETING, THAT'S A GOOD 3 WAY TO DO IT. SO MY POINT WAS GOING TO BE THAT 4 THERE WAS A DISCUSSION ABOUT 15, 20 MINUTES AGO 5 THAT THERE WAS TWO MORE ITEMS THAT WERE GOING TO 6 BE DISCUSSED UNDER THE SCHRIMSHER ITEM. 7 I DON'T HAVE A PROBLEM GOING HALF AN HOUR TO 8 FINISH THEIR ITEM, BUT I DON'T SEE ANY PURPOSE IN 9 GOING ON UNTIL 3 O'CLOCK IN THE MORNING TO FINISH 10 THE REST OF THIS AGENDA THIS EVENING. 11 MAYOR PARTYKA: WE TALKED ON THOSE. 12 MR. MILLER: I VOTE FOR A HALF AN HOUR. IF 13 WE CAN VOTE ON THAT AND THAT PASSES, THEN WE CAN 14 GO FOR HALF AN HOUR. BUT I DON'T WANT TO GO-- WE 15 STARTED AT 5 O'CLOCK THIS AFTERNOON HERE. WE'VE 16 BEEN DOING THIS, NOW, FOR MONTHS, TRYING TO GET 17 THIS AGENDA OUT OF HERE SO WE DON'T STAY LATE. 18 BUT IT'S ALSO VERY WEARING ON US, BECAUSE 19 WE'VE BEEN HERE NOW FOR SIX HOURS. I'M LISTENING 20 TO ALL THE DETAILED INFORMATION. THIS IS NOT A 21 GOOD TIME TO DO IT THIS WAY. IF WE STARTED AT 22 6:30, IT MIGHT BE DIFFERENT. WE WOULDN'T HAVE 23 WASTED AN HOUR AND A HALF ON ALL THE OTHER THINGS 24 THAT WE DIDN'T NEED TO WASTE TIME. WE COULD HAVE 25 SPENT THE TIME ON THIS. ~ ~ . 182 1 MR. BLAKE: YOU VOTED TO START AT 5:00. 2 MR. MILLER: NO, I DIDN'T. 3 MR. BLAKE: YES, YOU DID. 4 MR. MILLER: THAT'S NOT THE POINT. 5 MAYOR PARTYKA: ALL RIGHT. 6 MR. MILLER: IF COMMISSIONER BLAKE IS THE 7 EXPERT ON ROBERT'S RULES, AND IN OUR BOOK, 8 THERE'S -- IF HALF AN HOUR IS POSSIBLE, I WOULD 9 SUPPORT HALF AN HOUR TO FINISH THE SCHRIMSHER 10 THERE'S ONLY ONE POINT LEFT, I THOUGHT. 11 MR. MCLEMORE: I HAVE NO OTHER POINTS. IF 12 YOU WANT TO HEAR FROM SOMEONE HERE, AND IF YOU'LL 13 ALLOW ME, I'LL MAKE A RECOMMENDATION. 14 MAYOR PARTYKA: COMMISSIONER MILLER, WE'VE 15 HAD THE LAST THREE POINTS, SO WE'VE HIT ALL OUR 16 SIX POINTS. 17 MR. MILLER: SO A HALF AN HOUR SHOULD BE 18 ENOUGH, THEN. 19 MR. BLAKE: MAKE THE MOTION. 20 MR. MILLER: I'LL MAKE THE MOTION THAT WE 21 EXTEND THE MEETING FOR HALF AN HOUR. 22 MAYOR PARTYKA: OKAY. IS THERE A SECOND? 23 MR. MARTINEZ: I'LL SECOND IT. 24 MAYOR PARTYKA: CALL THE VOTE, PLEASE. 25 THE CLERK: COMMISSIONER BLAKE. . . . 183 1 MR. BLAKE: AYE. 2 THE CLERK: COMMISSIONER MARTINEZ. 3 MR. MARTINEZ: AYE. 4 THE CLERK: COMMISSIONER MILLER. 5 MR. MILLER: AYE. 6 MAYOR PARTYKA: OKAY. 30 MINUTES. 7 MR. BLAKE: MR. MAYOR, POINT OF ORDER, IF I 8 MAY, SIR. 9 MAYOR PARTYKA: UH-HUH. 10 MR. BLAKE: WE HAVE, I BELIEVE, IF I'M 11 CORRECT, TWO OTHER PUBLIC HEARING ITEMS WHICH HAVE 12 BEEN ADVERTISED. AND, IF POSSIBLE, I WOULD 13 SUGGEST THAT WE TRY TO GET TO THOSE, AS WELL. 14 MAYOR PARTYKA: OKAY. 15 MR. MARTINEZ: IF WE HURRY UP, WE CAN DO IT. 16 MAYOR PARTYKA: ALL RIGHT. 17 COMMISSIONER -- RATHER, CITY MANAGER. 18 MR. MCLEMORE: THERE ARE NO OTHER ISSUES. I 19 THINK HE HAD SOME. 20 MR. GRINDSTAFF: THERE WAS JUST ONE POINT 21 ABOUT MAYBE DIRECTING TERRY TO GET WITH JOSHI -- 22 MR. MCLEMORE: OH, NO PROBLEM. 23 MR. GRINDSTAFF: TO WORK ON THE COSTS. 24 THERE'S BEEN A -- 25 MR. MCLEMORE: YES. . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 184 MR. GRINDSTAFF: JUST DIRECT THAT. MR. MCLEMORE: WE CAN DO THAT ADMINISTRATIVELY. YOU HAD SOMEONE, I THINK, WANTED TO SPEAK. AND THEN, AFTER THAT, I WANT TO TELL YOU WHERE I THINK WE SHOULD BE. MAYOR PARTYKA: MR. MARTINEZ: THIS ITEM SO WE -- MAYOR PARTYKA: WE'RE GETTING INPUT RIGHT NOW. THIS IS THE LAST PERSON. THIS IS THE ONLY OKAY. MR. FERNANDEZ. WHAT ARE WE GOING TO DO WITH OTHER PERSON. MR. FERNANDEZ: THANK YOU, GENTLEMEN. WILLIAM FERNANDEZ, 215 -- MAYOR PARTYKA: COULD YOU HOLD OFF FOR ONE MORE SECOND? I THOUGHT, THIS WAS COVERED, BUT WE'RE GOING TO OPEN THIS UP TO PUBLIC INPUT, SO JUST TO MAKE THAT OFFICIAL ANNOUNCEMENT. SO COMMISSIONER -- RATHER MR. -- IT'S PAST 11 O'CLOCK. MR. FERNANDEZ. MR. FERNANDEZ: WILLIAM FERNANDEZ, 250 PANAMA - ROAD EAST, WINTER SPRINGS, FLORIDA. PRACTICED LAW FOR SOME 30 YEARS. I OWN A TEN-ACRE PARCEL IN THE CITY OF WINTER SPRINGS ON WHICH I HAVE THREE . . . 185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HORSES AND TWO MINIATURE DONKEYS. I AM THE DESIGNATED REPRESENTATIVE FOR THE SUNSHINE STATE HORSE COUNCIL. I AM ON THE SEMINOLE COUNTY GREENWAYS AND TRAILS ADVISORY COMMITTEE. I AM THE SECRETARY FOR THE FLORIDA TRAILBLAZERS. I WILL TELL YOU THAT THE TRAIL THAT IS CURRENTLY IN EXISTENCE AND PUT INTO EFFECT DOES NOT HAVE HORSE USERS, AT THIS POINT, OF ANY SIGNIFICANT NUMBER. THAT'S BECAUSE IT IS AN IMPASSABLE TRAIL AS IT CURRENTLY EXISTS. THE COUNTY PUT ABSOLUTELY NO FUNDING, WHATSOEVER, INTO THE DEVELOPMENT OF THE EQUESTRIAN TRAIL. THE COUNTY THEN DECIDED AGAINST THE ADVISORY COMMITTEE RECOMMENDATION TO PUT THE TRAIL FARTHEST AWAY FROM THE PAVED ASPHALT ON THE NORTH SIDE AND TRIED TO CAUSE A POLITICAL PRESSURE FROM RESIDENTS TO PUT IT ONTO THE SOUTH SIDE, AND THEN GOT PRESSURE FROM THE SOUTH SIDE AND WAS GOING TO PUT IT RIGHT UP NEXT TO THE ASPHALT TRAIL. THAT'S WHAT THE CITY -- OR COUNTY COMMISSION PASSED. AND OUR GROUP, FLORIDA TRAILBLAZERS, WENT TO LAMAC, AND LAMAC CAME DOWN AND TOLD THE COUNTY THEY'RE NOT GOING TO PUT THE TRAIL NEXT TO THE ASPHALT. IT'S NOT GOING TO HAPPEN. NOW, THAT'S ONE GOVERNMENTAL ENTITY THAT . . . 186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THINKS THEY'VE GOT THE FINAL SAY ON WHAT'S GOING TO HAPPEN. AND IT DIDN'T COME DOWN THAT WAY. YOU ALL CAN REACH AN AGREEMENT -- AND I ADMIT THAT THE TWO PROPOSALS ARE BETTER THAN THE OLD ALIGNMENT. BUT I'M TELLING YOU THE CITY'S GOING TO LIVE WITH THIS. AND WE'RE TRYING TO DEVELOP AN AESTHETIC QUALITY RIDE FOR THE USERS, RIDE AND TRAIL HIKERS OR WHOEVER. IF YOU PUT HORSES UP NEXT TO ROADS WHERE BICYCLES AND ROLLERBLADERS AND OTHER PEOPLE ARE GOING TO BE COMING DOWN THAT ROAD WITH TRUCKS, DELIVERY TRUCKS OR OTHERWISE, YOU'RE CREATING A SITUATION WHERE THE HORSE IS GOING TO SPOOK AND YOU'RE GOING TO HAVE AN ACCIDENT. IF THIS DEVELOPER STILL OWNS THE PROPERTY, THEY'LL BE SUED. AND IF THIS CITY APPROVES IT AND GOES ALONG WITH IT, THIS CITY WILL BE JOINED IN THAT LAWSUIT. THE CITY MANAGER IS CORRECT. HORSE INPUT WAS -- HORSE PEOPLE INPUT WAS PUT INTO THIS AND THE DESIGN OF IT. IT GIVES A BETTER QUALITY-TYPE RIDE. IT PUTS IT AS FAR AWAY AS WE CAN, AND WE DON'T NEED TO CARRY OUR POOPER SCOOPERS TO GET THE POOP FOR ANIMALS. WHICH IS ANOTHER THING I WANTED TO SPEAK ABOUT IF YOU NEED SOME DEFINITIONS IN . ~ . 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THAT ORDINANCE, BECAUSE YOU'RE MAKING IT A VERY UNSAFE RIDE IF I HAVE TO CARRY THAT POOPER SCOOPER. BUT, IN ANY EVENT, TO PLACE IT NEXT TO A ROAD IN THE INTERIOR OF THE PROPERTY IS GOING TO CREATE AN ACCIDENT SOONER TO LATE. IT'S GOING TO HAPPEN. IT'S WAITING TO HAPPEN. IT'S NOT THE BEST RIDE. I CAN -- I'VE HEARD HIS ARGUMENTS AND I DISAGREE VEHEMENTLY. AND IF IT GETS TO THE LEVEL OF LAMAC FOR FINAL APPROVAL, THEY WILL SEEK PUBLIC INPUT MORE THAN JUST WHAT THE CITY HAS TO SAY AND MORE THAN JUST WHAT THIS DEVELOPER WANTS TO NEGOTIATE. THEY WILL HEAR FROM THE FLORIDA TRAILBLAZERS. THEY WILL HEAR FROM THE PUBLIC. AND WE'VE GOT SOME EQUESTRIAN PEOPLE ON THOSE GROUPS. THIS PARTICULAR PORTION OF LAND WAS THE MOST EXPENSIVE PURCHASE FOR THE P2000 FUNDS IN THE STATE OF FLORIDA. IT WAS THE CONNECTING PIECE. IT IS THE SHOWCASE. WE'RE TALKING ABOUT A MILLION AND A HALF LAND BRIDGE TO GO ACROSS 434. THEY WANT IT TO BE THE SHOWCASE AND THEY DON'T WANT TO COME OUT WITH EGG ON THEIR FACE WITH SOME HALF INFERIOR PRODUCT THAT'S NOT GOING TO GET USED. . . . 188 1 NOW, YOU'RE TALKING ABOUT USAGE. IT'S NOT 2 USED BECAUSE THE COUNTY HASN'T DEVELOPED IT AND 3 IT'S TOO SMALL. WHEN YOU'RE RIDING A HORSE, YOU 4 WANT TO GO 10, 20 MILES. YOU'RE TALKING ABOUT A 5 FOUR-POINT-WHATEVER PIECE OF RIDING. IT'S NOT 6 GOING TO HAPPEN. 7 BUT WHEN YOU CONNECT IT INTO THIS AND YOU CAN 8 GO ALL THE WAY UP AROUND LAKE JESSUP, YOU'RE GOING 9 TO PICK UP RIDERSHIP, MUCH MORE RIDERSHIP. WHEN 10 YOU PUT IN, OVER HERE AT CENTRAL WINDS PARK, A 11 PLACE TO TAKE OUR HORSE TRAILERS AND PARK AND LOAD 12 AND RIDE, YOU'RE GOING TO PICK IT UP. 13 THE CITY ATTORNEY CAN CHECK OUT FOR YOU 1980 14 ATTORNEY GENERAL'S OPINIONS 080-80. THE CITIES 15 CANNOT BAR OR PROHIBIT RIDING OR DRIVING OF HORSES 16 ON PUBLIC STREETS IN THE CITY. I'M NOT GOING TO 17 SAY IT'S GOING TO HAPPEN IN THIS AREA, BUT YOU'RE 18 SETTING UP A SITUATION WHERE IT IS MORE LIKELY TO 19 HAPPEN WHEN YOU BRING THAT TRAIL CLOSER IN. 20 HORSES ARE DEFINED AS TRAFFIC IN CHAPTER 21 316.003, SUB 57. NO LOCAL AUTHORITY SHALL ENACT 22 OR ENFORCE ANY ORDINANCE ON A MATTER COVERED BY 23 THIS CHAPTER UNLESS EXPRESSLY AUTHORIZED. THAT'S 24 316.007. 25 AND THE PROVISION OF THIS CHAPTER APPLICABLE . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 189 TO PEDESTRIAN APPLIES TO PERSONS RIDING OR LEADING AN ANIMAL UPON A ROADWAY OR SHOULDER THEREOF. THIS -- I BROUGHT MORE IN THE CONTEXT OF THAT ANIMAL ORDINANCE. I THINK IF YOU ENACT THAT ANIMAL ORDINANCE AND/OR BRING IT INTO THAT CLOSER AREA THAT YOU WANT, THAT YOU'RE STARTING TO CREATE A LAW THAT'S TRYING TO PROHIBIT ANIMALS, AND HORSES SPECIFICALLY. I THINK YOU WILL HAVE A GREATER VOLUME. I THINK YOU HAVE SOME CONSTITUTIONAL ISSUES OR LEGAL ISSUES THAT WILL BE ADDRESSED. AND EVEN THOUGH I'M RETIRED, I VOLUNTEER MY TIME TO BRING SUCH LEGAL ISSUES EVEN IF THAT COSTS ME MY SEAT ON THE PLANNING AND ZONING BOARD. I THINK IT NEEDS TO BE ADDRESSED. MAYOR PARTYKA: MR. FERNANDEZ, YOU, EXERCISING YOUR CITIZEN DUTIES AND CIVIL RIGHTS, WILL NOT EVER HURT YOUR POSITION, ARBITRARILY, ON ANY BOARD IN THIS CITY. SO I JUST WANT TO SAY THAT. MR. FERNANDEZ: I APPRECIATE THAT, MAYOR PARTYKA. AS FAR AS THE FENCE ORDINANCE, THERE'S ALREADY 588.11 THAT ADDRESSES FENCES. I KNOW THERE'S BEEN A CHANGE FROM FENCES AND WALLS, AND . . . 190 1 THE WALLS WERE DROPPED OUT FROM THE PREVIOUS 2 DRAFT. 3 BUT I DON'T THINK YOU NEED TO RECREATE WHAT'S 4 ALREADY ON THE BOOKS. I JUST HOPE THE CITY 5 ATTORNEY'S ALREADY ADDRESSED 588.11, I BELIEVE, IS 6 THE STATUTE THAT ADDRESSES FENCES. I'VE COVERED 7 ALL THREE OF MINE, I THINK. 8 ANY QUESTIONS THAT I CAN RESPOND TO? 9 MAYOR PARTYKA: ONE CLARIFICATION. SO YOUR 10 FEELING IS THE OUTSIDE TRAIL IS THE PREFERRED 11 TRAIL FOR YOUR HORSE TRAIL? 12 MR. FERNANDEZ: FROM A USER EXPERIENCED 13 PREFERENCE, AS WELL AS A LIABILITY STANDPOINT, 14 MOST DEFINITELY. AS WELL AS LESS OF A NUISANCE TO 15 PEOPLE WHO ARE GOING TO OWN PROPERTY AND LIVE IN 16 THAT AREA. OUT THERE, YOU'VE GOT SOMETHING 17 SEPARATING YOU FROM THE HOMES AND RESIDENTIAL AND 18 YOU'VE GOT -- WHAT DO YOU CALL IT 19 ENVIRONMENTALLY WETLANDS ON THE OPPOSITE SIDE. 20 YOU'RE GOING TO HAVE THE LEAST IMPACT ON 21 RESIDENTS. 22 AND ALSO, I CAN GET YOU AN ARTICLE. TRAILS 23 INCREASE THE VALUE OF PROPERTY, AND PEOPLE WANT TO 24 LIVE ON TRAILS. THERE ARE STATISTICS. THE 25 SEMINOLE COUNTY HAS IT. I'VE GOT IT AT MY HOUSE. . . . 25 191 1 I CAN GIVE IT TO YOU. YOU'RE GOING TO RAISE THE 2 VALUE OF HOMES THAT ARE ALONG THAT TRAIL, NOT 3 DECREASE. THANK YOU. 4 MAYOR PARTYKA: THANK YOU. THANK YOU. 5 ANYONE ELSE WISHES TO SPEAK ON THESE TWO ISSUES AT 6 THIS POINT? 7 OKAY. I'LL CLOSE THE PUBLIC INPUT PORTION OF 8 THIS AND OPEN IT,BACK UP TO COMMISSION MEETING. 9 OKAY. CITY MANAGER, YOU SAID YOU HAD 10 SOMETHING THAT YOU WANTED TO RECOMMEND. THAT'S 11 ONE. AND THEN WE NEED TO FIGURE OUT HOW WE'RE 12 GOING TO HANDLE THESE SIX POINTS. 13 MR. MCLEMORE: I'M PREPARED, AT THIS POINT IN 14 TIME, IF YOU'RE READY TO HEAR ME, TO TELL YOU WHAT 15 I THINK -- HOW WE SHOULD SETTLE THESE ISSUES AND 16 WHAT YOUR PROPOSAL TO IT MIGHT BE AND WHAT 17 SCHRIMSHER'S MIGHT BE. 18 MAYOR PARTYKA: OKAY. WHY DON'T YOU GO. 19 MR. MCLEMORE: NUMBER ONE, ON SPINE ROAD, I 20 THINK WE CAN AGREE WITH THE SCHRIMSHERS RELATIVE 21 TO THE MIDDLE ALIGNMENT. I THINK THE THING WE 22 NEED TO UNDERSTAND IS THAT YOU'RE GETTING A BETTER 23 JUMP-START BY DOING IT THAT WAY. THEY ARE 24 DEVELOPERS. THEY'VE PUT ON THE RECORD THEY THINK THAT WOULD BE A BETTER ALIGNMENT FOR JUMP-STARTING . . . 192 1 THE PROJECT. 2 RELATIVE TO THE TEN-YEAR TERMINATION, I THINK 3 WE NEED TO SOLVE THAT PROBLEM. TECHNICALLY, I 4 THINK MAYBE THE ATTORNEYS CAN GET TOGETHER AND DO 5 THAT. WE CAN FIND A WAY TO DO IT IN SUCH A WAY 6 THAT IT DOES NOT IMPOSE UPON YOUR EVENTUAL TAKING 7 OF THOSE PARKS. 8 ON THE CONVEYANCE OF THE PARKS, I THINK -- 9 AGAIN, I FEEL THAT WE SHOULD AGREE THAT THERE IS 10 AN ABILITY THAT WE COULD NOT TAKE FEE SIMPLE ON 11 THE PROJECTS IMMEDIATELY -- THE PARKS IMMEDIATELY, 12 THAT WE CREATE SOME LANGUAGE RELATIVE TO ZONES, 13 AND THAT WE WOULD TAKE THEM BY FEE-SIMPLE BASED ON 14 A PROJECT-BY-PROJECT BASIS, AND MOVEMENT OF THOSE 15 WOULD BE CONTINGENT UPON SPECIAL EXCEPTION GRANTED 16 BY THE COMMISSION FROM THE PLAN. 17 THE TRAIL REALIGNMENT. I THINK THE TRAIL 18 REALIGNMENT SHOULD BE LEFT ALONE. 19 ON THE WALL, I THINK WE SHOULD RETAIN THE 20 WALL IN THERE, BECAUSE I KNOW YOU'RE GOING TO HAVE 21 PROBLEMS WITH THESE FUTURE DEVELOPERS COMING WITH 22 THE LANDOWNERS ONCE YOU START TO DEVELOP. AND IF 23 WE GET THE INTENSITY -- LIKE WE SAID, IF IT'S 24 SINGLE FAMILY, IT'S NOT A PROBLEM. ONLY IF IT'S 25 COMMERCIAL AND ONLY IF IT'S MULTIFAMILY SHOULD THE . . . 193 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WALL BE REQUIRED. MAYOR PARTYKA: QUESTION ON THE WALL. OUR CURRENT ORDINANCE HAS A 6-FOOT, ISN'T IT; NOT 8-FOOT? YES, IT'S 6-FOOT. YOU HAD MENTIONED 8-FOOT MR. MCLEMORE: MAYOR PARTYKA: EARLIER. MR. MCLEMORE: NO. WELL, I SAID 8-FOOT BECAUSE OF THE TYPE OF DEVELOPMENT THERE, BUT I CAN LIVE WITH 6 FEET. MAYOR PARTYKA: SIX IS WHAT THE ORDINANCE IS. MR. MCLEMORE: YES. SIX IS THE ORDINANCE, RIGHT. BUT IT ONLY -- IF IT DOES NOT APPLY TO MULTIFAMILY, YOU HAVE A COMMERCIAL. MAYOR PARTYKA: YEAH, COMMERCIAL. THAT'S THE WAY. MR. MCLEMORE: SO WE'RE NOT REQUIRING ANYTHING WE DIDN'T REQUIRE ANYHOW. BUT THAT SHOULD REMAIN IN THERE. I THINK, BASED ON THE AGREEMENT WITH THESE ISSUES, THAT WE SHOULD BUILD THROUGH THE UTILITY -- THOSE UTILITY LINES AND PAY FOR THOSE THROUGH THE RATES THAT ARE PAID FOR CITY-WIDE. AND I THINK YOU CAN JUSTIFY THEM ON THE BASIS OF THAT MILLION DOLLARS OR MILLION THREE REALLY IS . . . 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PURCHASING ALL OF WETLAND PARK AND MAGNOLIA PARK, AS WELL AS THOSE SIX PARKS. I THI~K THAT'S A REASONABLE PROPOSITION IF, IN FACT, WE CAN AGREE TO ALL THESE OTHER THINGS. AND THAT ASSUMES -- I THINK YOU HAVEN'T SEEN THE AGREEMENT ON ALL THE OTHER ISSUES, BUT I DON'T THINK THOSE ARE PROBLEMATIC. MAYOR PARTYKA: OKAY. DID EVERYBODY GET THOSE? I MEAN, I WROTE THEM ALL DOWN. MR. BLAKE: YES. MAYOR PARTYKA: OKAY. MR. MARTINEZ: ARE YOU SUGGESTING, LIKE, AS THE CITY ATTORNEY -- I THINK THE CITY ATTORNEY SUGGESTED THAT WE POSTPONE THIS FOR FOUR WEEKS AND, DURING OUR CONVERSATION, YOU'LL GIVE EVERYONE TIME TO GET THIS THING SETTLED AND POSSIBLY HAVE SOMETHING COME DOWN FROM TALLAHASSEE THAT WOULD ALLOW US TO P~OCEED WITHOUT DELAY? MR. GARGANESE: MR. GRINDSTAFF SAID IT'LL BE ANOTHER TWO TO FOUR WEEKS. I CERTAINLY WOULD LIKE TO SEE THE CONTRACTS FROM TALLAHASSEE. SO DEFERRING THIS FOR FOUR WEEKS, I WOULD CONCUR WITH THAT. MAYOR PARTYKA: OKAY. COMMISSIONERS, BEFORE WE LISTEN TO MR. GRINDSTAFF, DO YOU AGREE OR . . . 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DISAGREE WITH SOME OF THE COMMENTS OR THE STATEMENTS THAT MR. MCLEMORE MADE? WE NEED TO GET SOME KIND OF COMMENT FROM EVERYBODY. COMMISSIONER BLAKE. MR. BLAKE: I AGREE WITH EVERYTHING EXCEPT THE LANGUAGE ON THE WALL. I SEE NO NEED FOR THE WALL LANGUAGE TO BE IN THERE AT ALL. COVERED BY THE ORDINANCE. IT'S JUST MR. MCLEMORE: IN THE TOWN CENTER. I'M NOT SURE THAT IT'S COVERED MR. BLAKE: IT'S A CITY-WIDE ORDINANCE. IT'S COVERED EVERYWHERE WHEN COMMERCIAL, HIGHER-INTENSITY DEVELOPMENT IS PLACED NEXT TO IT. MR. MCLEMORE: I'M CONCERNED ABOUT THE MULTIFAMILY. I KNOW IT SAYS COMMERCIAL, BUT I'M NOT SURE ABOUT MULTIFAMILY. MR. BLAKE: IT SHOULD REQUIRE MULTIFAMILY, AS WELL. I'LL LEAVE IT TO YOU TO DECIDE WHETHER IT'S MULTIFAMILY. THEN, YES, THERE SHOULD BE A WALL. MAYOR PARTYKA: OKAY. COMMISSIONER MILLER. MR. MILLER: I CONCUR; 6 FEET. MR. MCLEMORE: AT 6 FEET. MR. MILLER: I MEAN, I DON'T HAVE ANY PROBLEM WITH THE POINTS HE RAISED. MAYOR PARTYKA: COMMISSIONER MARTINEZ. . . . 196 1 MR. MARTINEZ: I'M IN. 2 MAYOR PARTYKA: OKAY. ALL RIGHT. AT THIS 3 POINT, MR. GRINDSTAFF, MR. SCHRIMSHER, YOU'VE AT 4 LEAST ELICITED TO THE POSITIONS. 5 ANY COMMENTS FROM YOUR STAFF? 6 MR. MILLER: I'VE GOT A QUESTION. 7 MAYOR PARTYKA: OKAY. COMMISSIONER MILLER. 8 MR. MILLER: JUST ONE QUESTION. I ASSUME 9 THAT THE HOLD IS STILL ON SO THAT WE'RE STILL 10 PROCEEDING UNDER THE SAME MUTUAL AGREEMENT THAT 11 EITHER PARTY WILL UNDERTAKE ANY -- IS THAT 12 UNDERSTANDING STILL CORRECT? 13 MR. GRINDSTAFF: YES, SIR. 14 MR. MILLER: WE HAVEN'T DISCUSSED THIS IN A 15 FEW MONTHS. I JUST WANT TO MAKE SURE THAT I 16 HAD 17 MR. GRINDSTAFF: WE HAVE NEVER ONCE BACKED UP 18 ON WHAT WE'VE SAID. 19 MR. MILLER: I APPRECIATE THAT. THANKS. 20 MAYOR PARTYKA: COMMISSIONER BLAKE. 21 MR. BLAKE: I THOUGHT WE NAMED THAT THE BLAKE 22 PROVISION. I ALWAYS THOUGHT I GOT TO BRING THAT 23 UP. 24 MR. MAYOR, I'D LIKE TO MAKE A MOTION TO 25 DIRECT THE CITY MANAGER TO FOLLOW THROUGH WITH . . . 197 1 NEGOTIATIONS WITH THE SCHRIMSHER ORGANIZATION 2 BASED ON THE DISCUSSIONS THIS EVENING. 3 TWO MOTIONS. THAT'S THE FIRST ONE. 4 MR. MILLER: SECOND. 5 MAYOR PARTYKA: SECOND. ANY DISCUSSION? 6 QUESTION: DO YOU WANT TO HEAR ANYTHING FROM 7 COMMENTS HERE OR FROM THE DEVELOPER AT THIS POINT? 8 MR. BLAKE: NO. 9 MR. MARTINEZ: NO. 10 MAYOR PARTYKA: ALL RIGHT. 11 MR. GRINDSTAFF: MAY I JUST ADD ONE THING 12 BEFORE YOU VOTE, JUST TO GET IT IN THE RECORD? I 13 DON'T KNOW IF I'VE GOT TO TOTE THIS BOX AROUND 14 WITH ME ALL OVER, ALL NIGHT LONG. 15 MAYOR PARTYKA: WHAT? 16 MR. MILLER: WHAT? OKAY. THAT'S FAIR. 17 MR. GRINDSTAFF: I APPRECIATE THAT. THAT'S 18 MY PROBLEM. 19 MR. BLAKE: YOU CAN'T DEAL WITH THE HUMOR. 20 HE'S NOT A FUNNY GUY. 21 MR. MARTINEZ: CAN'T TAKE A JOKE? 22 MAYOR PARTYKA: PLEASE, IT'S GETTING LATE. 23 SEE, THIS IS WHY I DON'T LIKE MEETINGS PAST 11 24 O'CLOCK. 25 CALL THE VOTE. . . . 198 1 THE CLERK: COMMISSIONER MILLER. 2 MR. MILLER: AYE. 3 THE CLERK: COMMISSIONER BLAKE. 4 MR. MARTINEZ: THERE GOES FIVE MINUTES. 5 MR. BLAKE: AYE. 6 THE CLERK: COMMISSIONER MARTINEZ. 7 MR. MARTINEZ: AYE. 8 MAYOR PARTYKA: OKAY. MOTION PASSES. 9 CITY MANAGER, YOU HAVE AGREEMENT FROM THIS 10 COMMISSION TO CONTINUE YOUR NEGOTIATIONS AND 11 DISCUSSIONS BASED ON THE COMMENTS. 12 MR. BLAKE: MR. MAYOR. 13 MAYOR PARTYKA: YES, COMMISSIONER BLAKE. 14 MR. BLAKE: I'D LIKE TO MAKE A MOTION TO 15 POSTPONE THE THIRD READING OF ORDINANCE 707 UNTIL 16 THE SECOND MEETING IN MARCH 2000. 17 MR. MARTINEZ: I THINK THAT'S THE 27TH. 18 MR. MILLER: SECOND. 19 MR. BLAKE: SECOND REGULAR MEETING IN MARCH. 20 PRESERVING ADVERTISING. 21 MAYOR PARTYKA: SECONDED BY COMMISSIONER 22 MILLER. 23 ANY DISCUSSION? CALL THE VOTE, PLEASE. 24 THE CLERK: COMMISSIONER BLAKE. 25 MR. BLAKE: AYE. 199 . 1 THE CLERK: COMMISSIONER MARTINEZ. 2 MR. MARTINEZ: AYE. 3 THE CLERK: COMMISSIONER MILLER. 4 MR. MILLER: AYE. 5 MAYOR PARTYKA: OKAY. MOTION PASSES. ALL 6 RIGHT. THANK YOU AGAIN FOR ALL YOUR COMMENTS. 7 (WHEREUPON, THE MEETING WAS CONCLUDED AT 11:40 P.M.) 8 9 10 . ~~ 11 12 13 14 15 16 17 18 19 20 21 22 - --.. 23 24 25 . , . 200 1 2 3 4 CERTIFICATE OF OATH 5 6 7 STATE OF FLORIDA) 8 COUNTY OF ORANGE) 9 10 I, SANDRA A. MOSER, REGISTERED PROFESSIONAL REPORTER, CERTIFY THAT I WAS AUTHORIZED TO AND DID 11 STENOGRAPHICALLY REPORT THE FOREGOING PROCEEDING AND THAT THE TRANSCRIPT IS A TRUE RECORD. 12 . I FURTHER CERTIFY THAT I AM NOT A RELATIVE, 13 EMPLOYEE, ATTORNEY OR COUNSEL or ANY OF THE PARTIES, NOR AM I FINANCIALLY INTERESTED IN THE ACTION. 14 15 DATED THIS 28TH DAY OF FEBRUARY, 2000. 16 17 18 19 20 21 22 23 24 . 25 ~ ~ \ \. 'V-., ,. t....' " ~. '\. ('"'I ~ ""'" "- '--....\,J..c ~-'-.s '/-;;"_) \-....b.... ",\ '~e... SANDRA A. MOSER, R.P.R. NOTARY PUBLIC- STATE OF FLORIDA ~~-\!i\;:~. SANDRA A. MOSER ~*r~'~ :*~ MY COMMISSION # CC 733210 ~~~ii.~: EXPIRES: April 12, 2002 "FI~ ,n.o" Bonded Thill NollIry Public Underwriters