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HomeMy WebLinkAbout2000 04 24 Consent B Unapproved Minutes From April 10, 2000 Regular Meeting COMMISSION AGENDA ITEM B Consent X Informational Public Hearings Regular April 24. 2000 Regular Meeting Mgr. / Dept. Authorization CONSENT B. City Clerk's Office Approval Of The Minutes Of The Regular Meeting Of April 10, 2000. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING APRIL 10, 2000 I. CALL TO ORDER The Regular Meeting of April 10, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:36 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silent prayer was followed by the Pledge of Allegiance. Agenda Changes: Mayor Partyka stated that the Commission would hear Regular Agenda Item "A"; Regular Agenda Item "J;" and then Regular Agenda Item "K," prior to the "Public Hearings" section. Presentations . Allstate Insurance Company, Agent Mark A. Vickery To Present To The City Of Winter Springs Fire Department A $5,000.00 Grant For Fire Protection Devices. Fire Chief Timothy J. Lallathin introduced Mr. Mark Vickery, a local Allstate Insurance Agent who secured a Grant in the amount of $5,000.00 on behalf of Winter Springs Firefighters Steven Molnar and Elaine Curry, for the purchase of "Range Queen Stove- top Fire Stoppers." Chief Lallathin explained that with this Grant, approximately 165 homes will be equipped with this device. Mayor Partyka thanked the Firefighters, and Deputy Mayor Cindy Gennell who originally brought up this idea. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 2 of 33 II. PUBLIC INPUT Mr. Richard Grogan, 1 North Fairfax, Winter Springs, Florida: mentioned his interest in obtaining a jail cell door, should renovations be done at City Hall. Mr. Grogan added that he was interested in doing a historical type of vignette dealing with the Fire and Police Departments. Mr. Ronald W. McLemore, City Manager mentioned that the City normally disposes of property through an auction; and that he did not think that the jail cell doors would actually be removed. Mr. Ken Rahuba, 206 Wade Street, Winter Springs, Florida: addressed the usefulness of the custom speed radar unit that the Police Department is requesting, and suggested that they get two units - one for each part of town. Ms. Colleen VanAlen, 1150 0 'Day Drive, Winter Springs, Florida: the Winter Springs Soccer Club president spoke of the popularity of soccer; other local soccer organizations; and their hope to be the selected "Partnership with the City, for Central Winds Park." Ms. VanA1en outlined some related data shown in charts that were presented to the City Commission. Brief discussion. Attorney Anthony A. Garganese left the dais at 6:48 p.m. Ms. Leisa Seholm, 1153 0 'Day Drive, Winter Springs, Florida: also spoke on the use of practice fields; and local teams having to use other practice fields, some which are out of the City limits. Attorney Anthony A. Garganese returned to the dais at 6:50 p.m. Ms. VanAlen and Ms. Seholm were asked to first discuss their concerns with Parks and Recreation Director, Mr. Chuck Pula. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke of excessive speeding and running stop signs in the "Chelsea Woods" subdivision. Mr. Warner also suggested that speed bumps (similar to those in Seminole County) be added to the three area stop signs. Mayor Partyka mentioned "I just want to clarify one thing on the rules, just as clarification for procedure, and this is a question that was posed by Commissioner Gennell, "Can the Motion to reconsider be at the same meeting?" Brief discussion on this matter. Mayor Partyka said that he would further research this. Commissioner Michael S. Blake added "Briefly, I think that any Commissioner has the right to make a Motion, and the Motion can be seconded." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 3 of 33 III. CONSENT A. Community Development Department Requests That The City Commission Approve A Resolution Supporting The City Of Winter Springs Participation In A Joint Transportation Enhancement Application With Orange County, Seminole County, Oviedo And Winter Park. B. Office Of The Mayor Resolution Number 2000-09, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Bill Dickey For His Service On The Board Of Trustees. c.' City Clerk's Office Approval Of The Minutes Of The Regular Meeting Of March 27,2000. Mayor Partyka asked, "Is there a Motion to approve the Consent Agenda?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka read into the record Resolution Number 2000-09, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Bill Dickey For His Service On The Board Of Trustees. (See Attachment "A"). IV. INFORMATIONAL A. Fire Department Requests That The City Commission Review The City Of Winter Springs Employee Blood Drive Information To Be Held At City Hall. B. Community Development Department Requests The City Commission Receive Information On The Current Status Of The City's State Road 434 Transportation Improvement Program. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2000 Page 4 of 33 C. Community Development Department - Code Enforcement Division Requests The City Commission Consider Information On Current City Codes Regarding Animal Control. Mayor Partyka asked, "Is there any Motion to approve the entire Informational Agenda?" "SO MOVED." MOTION AND SECOND. DISCUSSION. Regarding possibly dangerous dogs attacking individuals, Commissioner Robert S. Miller and Ms. Jimette Cook, Code Enforcement Officer spoke about notice of a "deemed dangerous" animal on the premises; Animal Control Boards; restraining and securing animals; and what the County's position and Ordinance deals with. Commissioner Miller mentioned that he would like to see what other jurisdictions have done in such matters. Mayor Partyka polled the Commission as to whether this matter should be further discussed. The consensus was to not pursue this; however, any related information should be provided to the Commission. VOTE: (ON INFORMATIONAL AGENDA) COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE HEARD IN THE ORDER AS DOCUMENTED. .:. .:. VI. REGULAR A. Community Development Department - Land Development Division Presents To The Commission, At Their Request, The Regular Agenda Item D Of The Commission Meeting Of March 13, 2000 Which Is A Request Of Mr. Manny Garcia To Realign A Segment Of TuscawilIa Trail (A Private Road) Which Does Not Meet City Code. Mr. Don LeBlanc, Land Development Coordinator spoke with members of the Commission about the width of the easement; how the Code was adopted; that the fifty (50) foot right-of-way is stipulated in the Code; and the area for utility easements. COMMISSIONER McLEOD SAID, "THIS IS AN EXISTING PROPERTY OWNER - THE ROAD IS EXISTING ON HIS PROPERTY. HE WANTS TO SHIFf THE ROAD ON HIS EXISTING PROPERTY, TO BETTER UTILIZE AND ALSO CONTROL FIRE CONTROL WITHIN HIS OWN PROPERTY, AND CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2000 Page 5 of 33 CLEAN UP A PIECE THAT'S ACROSS THAT ABUTS UP TO OAK FOREST, WHICH WILL ALSO GIVE A SAFETY REASON TO ALLOW THIS TO HAPPEN, AND HE IS WILLING TO KEEP THE TWENTY FEET FROM THE ABUTTING PROPERTY. HE IS WILLING TO GO BACK TO THE ORIGINAL THIRTY FOOT UTILITY EASEMENT." BRIEF DISCUSSION. COMMISSIONER McLEOD STATED, "IF NO ONE ELSE HAS ANYTHING TO SAY, I'LL BE MORE THAN HAPPY TO MAKE A MOTION OF THIS." Mr. LeBlanc spoke about the ''Notarized statement of no objection" and then said, "There was a twenty (20) foot buffer, from the roadway to the Oak Forest properties. There was the requirement to get the notarized agreements from the abutting property owners, and the initial motion was for the fifty (50) foot right-of-way, and that's the only thing that's going to change; that this Motion from fifty (SO) to thirty (30) feet, and everything else remains the same." "I WOULD LIKE TO CHANGE THE MOTION AS IT STOOD, AND THE ITEM 'D' OF MARCH 13TH, FROM A FIFTY (50) FOOT REQUIREMENT TO A THIRTY (30) FOOT, AND ALL THE REST OF THE REQUIREMENTS REMAIN THE SAME." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VI. REGULAR K. Information Services Department Desires To Give Its Recommendation To The City Commission For The Award For The Financial Systems Request For Proposal And To Allow The City Manager To Enter Into Contract Negotiations With Preferred Vendor. Ms. Joanne Dalka, Data Processing Manager introduced Mr. Mike Korgan of Ameritek Orlando Consultation Group, Inc., who spoke of the vendors that submitted proposals; and how the results were evaluated. Discussion ensued on evaluation procedures; statistics; and that the best package for the City was "SCT Global Government Solutions." Tape I/Side B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2000 Page6of33 Mr. Korgan, members of the Commission, and Manager McLemore further discussed capability; productivity; costs; scores; that this was a "turn-key" system; compliance; category weights; service; funding; the different options that were proposed; whether it should be a "five year" or a "ten year" capital number; appropriations; longevity of such a system; the time frame to implement this; land-based management; previous programs that were considered several years ago; learning curves; and upgrades and services to be provided. Commissioner Miller left the dais at 8:07 p.m. Mayor Partyka then mentioned data entry and that the appropriate staff should be hired to do this properly. Commissioner Miller returned to the dais at 8:11 p.m. Brief discussion followed about government uses; what else this system could be used for; whether other departments, especially the Police Department, could be incorporated into this system; accommodating future growth of the City; and manpower considerations. Commissioner Miller asked to have further data provided on the "manpower" issue. "MAYOR, I'D LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS COMMISSION AUTHORIZE THE CITY MANAGER TO START NEGOTIATIONS WITH 'SCT GLOBAL GOVERNMENT SOLUTIONS' RFP FOR OPTION THREE (3) AND THAT THE CITY MANAGER INVESTIGATES THE MOST COST EFFECTIVE WAY TO FINANCE IT OVER A FIVE YEAR PERIOD, AND TO ASSURE THAT IS INDEED A TURN-KEY PRODUCT." MOTION BY COMMISSIONER BLAKE. SECONDED. VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka called a break at 8:23 p.m. The meeting was called back to order at 8:42 p.m. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NEXT HEARD BY THE COMMISSION. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 10, 2000 Page 7 of 33 VI. REGULAR B. City Manager Requesting The City Commission Approve Resolution #2000-06 - "Initial Improvement Assessment Resolution And Maintenance Assessment Resolution For The Oak Forest Assessment Area." Manager McLemore, Mr. Kipton D. Lockcuff, P.E., Public Works/Utility Department Director and members of the Commission spoke about the document that was distributed; the basic cost increases; debt service; financing; an increase in construction costs; the related Resolution; advertising; whether the Public Hearing announcement will include the proposed numbers; and should the Public Hearing be held at the high school? Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: as a resident of the Oak Forest subdivision, Ms. Krebs was asked to comment on whether a larger venue might be necessary to accommodate everyone that might attend such a meeting. Further discussion followed regarding the most suitable location for such a meeting; and Mayor Partyka summarized that the consensus of the Commission was that, "Providing the Motion passes, we'll have this at a Special Date - and a Special Meeting should be designated. " Mr. George Nickerson, Law Firm of Nabors, Giblin, & Nickerson: addressed the Commission on the wording of the Resolution, regarding the reference to a date. Mr. Nickerson suggested "That in Section 2.01., just delete the specifics of the dates and time and location, and insert 'at a date, time, and location to be established by the City Manager. ", "I MAKE A MOTION TO APPROVE RESOLUTION NUMBER 2000-06 INSERTING THE LANGUAGE THAT THE ATTORNEY HAS JUST GIVEN US FOR THE DATE AND TIME, TO HOLD THE MEETING AT WINTER SPRINGS HIGH SCHOOL, AS CLOSE TO MAY 8TH AS POSSIBLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2000 Page 8 of 33 Discussion ensued that the preference was to begin this meeting at 5:30 p.m., and to complete the remainder of the meeting, at City Hall, after this first item as been completed. Tape 2/Side A Further discussion followed on the best time for this meeting to be held, and that 6:30 p.m. would be a more reasonable hour to begin the meeting. Mayor Partyka clarified, "6:30 (p.m.) - May 8th, at the high school." Then, further discussion followed on what was possibly pending for the Regular Meeting Agenda of May 8th, 2000. "I'D LIKE TO MAKE A MOTION THAT WE LEAVE THE NIGHT OF THE 8TH AS A REGULAR COMMISSION MEETING AGENDA, AND ALLOW THE CITY MANAGER TO ARRANGE A MEETING WITH THE HIGH SCHOOL, EITHER THE NIGHT OF THE NINTH, THE TENTH, OR ELEVENTH - OR WHATEVER NIGHT IS FREE THAT WEEK, AT THE HIGH SCHOOL FOR THIS ISSUE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER BLAKE ASKED, "WHAT TIME?" COMMISSIONER MILLER REPLIED, "6:30, 7 O'CLOCK, 6:30 P.M." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka summarized, "Regular Commission Meeting on the 8th, and the Special Meeting anytime that week, at 6:30." VI. REGULAR J. City Manager Requesting The City Commission Consider Negotiations With Schrimsher Properties. Manager McLemore introduced this Agenda Item, and stated that the first item of business was to approve the "minutes" from a recent Negotiations meeting. Mr. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: addressed the Commission; thanked Commissioner Michael S. Blake, and Commissioner David W. McLeod for their assistance; and discussed a "black lined comparison" draft of CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10.2000 Page 9 of 33 the Agreement, which had been faxed to the City. Manager McLemore handed copies of this document to members of the Commission. Mr. Michael Schrimsher, 600 East Colonial Drive, Orlando, Florida: addressed the Commission. Discussion ensued on going forward with this issue; and other related Agenda Items that also need to be considered. Mayor Partyka stated that "Everything should be identified thoroughly - the date, exhibits, consistent marking, and all identification points." Discussion followed on the review of the minutes. Mr. Grindstaff stated, "As to Number 1., we agree with the sentence that's on that page." Regarding Item 2., discussion ensued on the issue of "buffer" requirements. Mr. Grindstaff said, "That buffer would be not less than fifty (50) feet, or the width of the trail. We did not want to imply however, that the trail would be greater than fifty (50) feet; it mayor may not. It's probably going to be within that fifty (SO) feet." Discussion ensued on the terminology of buffers and setbacks; interpreting the Code; and Manager McLemore stated that "There are no required setbacks in the Town Center." Mr. Grindstaff then stated, "Then we'll say the setbacks are the buffer." Mayor Partyka stated, "Okay." Mr. Grindstaff then said, "Change it to buffer, okay. Let's move on." Attorney Garganese inquired whether "Everybody is in agreement, the way it is on this page." Mayor Partyka then said, "Yes, but he posed a question on the buffer that was clarified. So, now, is this correct?" Mr. Schrimsher said, "Yes, it's correct; except it should scratch the word 'County' in each case, 'cause it's the Cross Seminole Trail." Further discussion followed regarding clarifying the intent of the minutes from the Negotiations Meeting. Number 3. dealt with the "External Wall Requirement." Mayor Partyka asked Commissioner Blake and Commissioner McLeod "Is this what you understand it to be?" Commissioner Blake stated, "I think that we need more clarifying language - where we'll build the wall." Commissioner McLeod added, "Yes, we had pinpointed that out, and had verbiage to cover that." Mr. Grindstaff then said, "And we agreed with those two things; and - but what things we also thought of, that we didn't discuss there - was we need to reserve an easement." Discussion. Mayor Partyka then said, "The agreement, is as stated, and we agree with that. The issue on the table - we'll discuss at the end, is this issue on the easement. How's that?" "Okay." Discussion. Mayor Partyka said, "We'll bring this back up at the end; but I think at this point, the way we have it right now, is the issue of the easement, will be CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2000 Page 10 of 33 discussed at the end of this. Is this correct?" Mr. Grindstaff said, "Yes." Commissioner Blake added, "With the exception of - we need a better definition." Brief discussion on Exhibit "A;" where the wall ends; and developable lots. Mr. Grindstaff added, "Developable lots - and not in front of the retention pond. Our language has that in it." Commissioner McLeod stated, "It was the southeast comer of the last lot." Mr. Grindstaff added, "The last developable lot, because it could be a retention pond that would be a lot, so it would be a developable lot, within St. Johns." Mayor Partyka then said, "Is that okay with everybody here? So, from the agreement standpoint, we have to add that verbiage in it." After further discussion, Mr. Grindstaff stated, "We're talking about the - our language that we had proposed, was along the common boundary of our property, and the developable lots within St. Johns Landing. A wall would not be required along the retention pond." Mr. Grindstaff added, "And that's what we agreed to." Discussion followed regarding the appropriate language and developable lots. Mr. Schrimsher said, "It just could state and maybe it could say, 'That it does not go along the retention pond.'" Mayor Partyka summarized by saying, "Again, the important thing is - clarify the language here - to say exactly what we're talking about." Discussion. Commissioner McLeod added, "Mr. McLemore, the wall will stop on the last southeast buildable lot - would not protrude on, across - the blocking off of the retention pond." Mr. Grindstaff added, "I think someone said - that being a piece of that - someone said a piece of that had been added to one of the developable lots." Commissioner Blake said, "Right." Mr. Grindstaff added, "So we need to clarify that." Commissioner McLeod stated, "Wherever the end of the developable lot is, next to that retention pond, and that's the existing retention pond." Commissioner McLeod added, "Correct, the existing St. John's retention pond." Mayor Partyka asked about "Your agreement on the wall?" Mr. Grindstaffrep1ied, "Page ten - Article 11 - page ten; you look at the second paragraph." Mayor Partyka stated, "That language - does it clarify - if we use that language, Commissioner Blake? Commissioner McLeod?" Mr. Grindstaff stated, "It does say the same thing Commissioner, as these." Manager McLemore stated, "The language is fine - and as per the minutes; as stated with this clarification; is that what we're stating?" Manager McLemore then said, "We will amend the minutes to reflect the language..." Mayor Partyka said, "... The better language on page ten of nineteen. Okay?" Regarding Number 4., Manager McLemore stated that the comments reflected on page two of three (of the draft minutes). Mayor Partyka stated, "Commissioner McLeod, Commissioner Blake is that..." Commissioner Blake said, "That is correct." Mr. Grindstaff spoke of the Ordinance and that it "Makes a special exception - which is CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page II of33 inconsistent with this agreement." Attorney Garganese stated, "That's correct." Mr. Grindstaff added, "Now, what we agreed to, is amending the minutes; 'cause the Ordinance is different - there's a different twist coming through the Ordinance that we reviewed later, to see... Attorney Garganese stated, "With the Commission, we talked a little bit about that, during the Workshop. It was your desire to agree what's set forth in these minutes, then we're going to have to go back and change the Wall Ordinance that is pending." Discussion. Mayor Partyka asked, "Is the impact on the Ordinance, is that going to change the type of work we're trying to do here?" Attorney Garganese stated, "Mr. Grindstaff made a comment - I just wanted to clarify that his statement was correct - there is a potential conflict - but, for purposes of your discussion right now, you're talking solely about the minutes; and what Commissioner McLeod, and Commissioner Blake, and Manager McLemore agreed to with the Schrimsher's." Mayor Partyka stated, "So is this position correct then, from both of our standpoints." Commissioner Blake said, "Yes." Mr. Schrimsher stated, "Yes." Mayor Partyka then stated, "And the issue on the table? Or the parking lot, depending how you both can look at it, is - the new Ordinance - the new wall - the new walls, okay." Mr. Grindstaff stated, "Right..." Manager McLemore read comments from the minutes, regarding Number 5. Discussion ensued on "Exhibit A" Discussion. Mr. Grindstaff clarified, "To be consistent with what was just said, we're talking about - on the second line under 'Agreement' - it says it will 'run along the southern boundary of Wetland Park and/or along the southern boundary of Edge'... it would be and/or along either the northern or southern..." Discussion. Mr. Grindstaff added, "Edge Drive will not be reduced, the width of that won't be reduced. That's what you need to be concerned with. That way, we're not taking trying to take that Trail, and slip it over on to your Wetland Park." Discussion. Commissioner Blake left the dais at 10:02 p.m. Tape 2/Side B Discussion followed on where the Trail would be located. Commissioner Blake returned to the dais at 10:03 p.m. Mayor Partyka then read from page four, paragraph a), and stated "Schrimsher and the City also agree that the east-west section of the paved portion of the Cross Seminole Trail may be located on either side of Edge Drive (as generally depicted on page eleven of the Town Center District Code) so long as the Cross Seminole Trail does not reduce the width of Edge Drive." Mayor Partyka then said, "Does that say it all?" Commissioner Blake stated, "I don't have any problem with language, as it is written." Manager McLemore added, "Other than the fact that the 'Exhibit' might change." Discussion on CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10.2000 Page 12 of33 referencing "The title in the Code." Attorney Garganese added, "In fact, that's the language, practically verbatim, which we proposed to them." Mayor Partyka then clarified and said, "To redo the words of the agreement - be consistent with these five or six lines." Mayor Partyka stated, "So we're both III agreement on this, no?" Mr. Grindstaff stated, "Yes sir, with that tweakage." Number 6. was next discussed. Commissioner Miller left the dais at 10:06 p.m. Mr. Grindstaff stated, "In addition to having .85 acres being 300 feet of road frontage, there were two other requirements; and that was it would be contiguous to the retention pond and it would be contiguous to the Trail. Those dimensions were going to be specified because we didn't know how much would be left there, with the road scooted over. " Commissioner McLeod clarified, "It was to be abutted to the south side of the retention pond; and run a 300 some foot of frontage." Commissioner Blake stated, "300 feet." Commissioner McLeod then said, "... On the road, and - abut the Trail." Commissioner Blake added, "And it would be whatever size it needs to be - of acreage." Mayor Partyka read the language from the top of page 6 of the Schrimsher proposed agreement, [IV. c)], pertaining to the conveyance to the City - of Lake Trail Park. Discussion followed on fixing boundaries. Mayor Partyka stated, "The only missing piece that we don't have is the contiguous piece that's - contiguous to the pond." Commissioner Miller returned to the dais at 10:10 p.m. Discussion ensued regarding the wording of [IV. c)] and possibly substituting "and" instead of "or" in this paragraph. Commissioner Blake added, "Micky, but what this doesn't do - it just simply says 'when' the conveyance will occur. This language doesn't say 'where the property. . ." Mayor Partyka stated, "Are we in agreement then, in terms of the language, that has to be defined? Okay?" Mr. Grindstaff said, "Please note, that we have pointed out those two things." Mayor Partyka asked ifboth were in agreement, and this was agreed to. Manager McLemore read from the minutes under Number 7., dealing with "radius." Regarding the reference to the different parks, Mr. Grindstaff stated, "The thing is '4' and '5' - and '2' and '1' are right there, and you can go in any direction. '4' and '5' are tied with the Trail." Commissioner Blake stated, "You are correct." Manager McLemore added, "Okay, we can fix that." Mr. Grindstaff added, "The minutes are correct." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10.2000 Page 13of33 Further discussion ensued on the conveyance of Parks to the City; and green space requirements. Mr. Grindstaff added, "Just so that you know, and I wanted to mention this to Ron today - on the Parks thing, so that it wasn't specifically discussed and we had - we can go on ahead and we can talk about, 'cause I don't think it is going to be issue, but, we have a provision that has sort of been hanging on the agreement, after it has been revised, having to do with - the Schrimsher property, and having it comply with the remainder of the Town Center property, having it follow the open space - and the green spaces, and that sort of thing; and - or future Parks; or, as we're concerned, donating these Parks, or giving these Parks - dedicating these Parks as a way - that is required under this agreement; it's intended to get these Parks, and put them in the right place, and protect the sanctity of everything; but there won't be any further obligation to convey Parks to the City. Now, that doesn't relieve us of the obligation to comply with open space and green space requirements." Mr. Grindstaff explained that regarding this matter, "We would like the opportunity to visit with Staff on that." Mr. Grindstaff then said, "In the overall Town Center, we would like to have credit for the green space and open space requirements, for these Parks." Discussion. Mr. Schrimsher then spoke of including "Those public park spaces in the public right-of-way - when you're calculating how many parking spaces to put on the private property of the site plan." Mayor Partyka summarized, "Okay, we'll do this, put this - on the parking lot - on the table. We'll discuss this later on." Mayor Partyka added, "Credits for open space - I've already got that down, okay." Commissioner Martinez stated, "Point of Order. The comments. . ." Mr. Schrimsher then said, "As for the minutes, I think they're accurate." Item 8, the issue of "Billboards" was next discussed. Much discussion included "provision of values;" proposed removal of the billboard(s); that the Schrimsher's "suggestion" could be found on page seventeen of the Schrimsher Organization's proposed agreement; criteria for removing any billboard(s); concessions; and infrastructure improvements. Deputy Mayor Gennell added to this discussion and stated, "Well, Ijust want something very definitive in there, to get the billboards down - with no loopholes in it. I'm just not willing to leave them there perpetually." Discussion continued regarding the issue of billboards. The Commission was then polled regarding whether all were in agreement, as to what has been discussed thus far. After consulting with the Commission, Mayor Partyka stated, "Let's finalize this - alright, the first seven issues basically were in agreement, there's a couple of items that were brought up that we have to handle, at whatever appropriate time, and the only other major issue is the billboards issue, is still not resolved. Okay, so we've got one major issue, and a couple of minor points." Mr. Schrimsher then said, "With regard to the minutes - correct?" Mayor Partyka said, "Yes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 14 of33 Commissioner McLeod then said, "Were those minor points though, the points you want to take up with Staff?" Mayor Partyka replied, "One of them was - on Number 2., there was a setback." "On Number 3., there was a language on easement, okay. And, Number 4., there was the language of the new Wall Ordinance, and that might be a moot point. And then, Number 7., there was the issue on credits for open space." Brief discussion followed regarding the issue of walls, and what should be done next regarding negations, and if the Schrimsher organization would need to "contest the Ordinance." Commissioner Martinez stated, "Mr. Mayor, Point of Order. I just want to remind you that we have some people that need to make a presentation, and if we intend to adjourn, I think it would be nice to let them go." Attorney Garganese left the dais at 10:46 p.m. The Commission was polled on whether they desired to continue with this Agenda Item. Members of the Commission voiced their interest in trying to resolve matters this evening, regarding negotiations; the billboards issue; and concessions. Attorney Garganese returned to the dais at 10:50 p.m. Mayor Partyka complimented Commissioner Blake, Commissioner McLeod, Manager McLemore and Staff regarding the progress that has been made thus far. Mayor Partyka stated, "I'm looking for a Motion to extend this meeting?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. COMMISSIONER McLEOD STATED, "I THOUGHT WE ALL AGREED, WHEN WE MADE A MOTION TO EXTEND, WE WOULD HA VE DEFINITE TIME IN THERE, SAY, LIKE MIDNIGHT, AND THEN AGAIN AT MIDNIGHT, WE'D ALL COME BACK AND RE-DO THAT." MAYOR PARTYKA ADDED, "IT'S IMPLIED AS ONE HOUR." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. A break was called by Mayor Partyka at 10:57 p. m. The meeting was called back to order at 11:10 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2000 Page 15 of33 Deputy Mayor Gennell returned to the dais at 11: 12 p. m. Discussion ensued regarding possibly adjourning, or hearing other Agenda Items. Mr. Grindstaff and Mr. Schrimsher offered to "caucus" for a while; which would permit other Agenda Items to be heard. .:. .:. AGENDA NOTE: REGULAR ITEM "G" WAS NEXT PRESENTED TO THE COMMISSION. .:..:. VI. REGULAR G. Community Development Department - Land Development Division Presents To The Commission The Mast Arm Design (To Be Included In Exhibit "B" Of The Developer's Commitment Agreement) And The Developer's Reply To The Selection Of The Roof Tiles As It Relates To The Proposed Eckerd's Drugstore. Mr. LeBlanc introduced this Item and showed photographs of the proposed mast arm light. Mr. Robert Fike, representing Unicorp National Developments, Inc.: spoke of recently. seeing this mast arm design for the first time; styles; and related costs. Tape 3/Side A Discussion continued on a mast arm with one light; a mast arm with two lights; costs; the need for three poles; where the design originated; "setting the standard;" Grant money; and advanced funding. Commissioner Blake left the dais at 11 :39 p.m. Manager McLemore and Mr. Fike discussed Florida Department of Transportation (FDOT) standards. Commissioner Blake then left the Commission Chambers at 11 :40 p.m. Discussion continued regarding price differences; the Commission setting the City's "standard;" making progress; and whether "FDOT" would agree to advance funds. Commissioner Blake returned to the Commission Chambers at 11 :43 p.m. Manager McLemore and Mr. Fike continued discussing Grant monies; and mast arm standards. Commissioner Miller left the Commission Chambers at 11 :47 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2000 Page 16 of33 Further discussion followed regarding the tile issue; "FDOT" criteria; debt service; delivery; construction schedules; what the proposed Grant would cover; what this Agenda Item deals with; recommended standards; and traffic plans. Commissioner Miller returned to the Commission Chambers at 11:51 p. m. Discussion ensued on the Commission adopting a standard; the $200,000.00; related costs; what the Developer understood; and the Grant. Manager McLemore stated, "The Grant is in place - already been authorized, already been funded. The only question is whether they will advance funds." Further conversation dealt with a "slip" in the "FDOT" schedule; reimbursements; Grant monies; the developer's agreement; what the City is obligated to pay; advance funding; the Minutes from the February 28, 2000 City Commission Regular Meeting; the standards of State Road 434; and design criteria. "I WILL MAKE A MOTION TO EXTEND." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Further discussion ensued on modifications to the traffic flow; beautifying this "Gateway to the City;" and the cost of this property to the developer. Deputy Mayor Gennell then stated, "I was trying to make sure that I understand your position clearly, before I went forward anywhere." Mr. Pike stated, "Yes." Deputy Mayor Gennell added, "In other words, you can build your development, making the modifications to the lanes and everything like that, and none of it involves the mast arm, and you put in the mast arms, in a major concession to the City." Mr. Fike then said, "Yes Ma'am." Deputy Mayor Gennell then stated, "Okay, and you were willing to do that?" Mr. Fike said, "We were willing to do what -" Deputy Mayor Gennell said, "... What was recommended to you.. ." Mr. Fike then stated, "... Thousands to be paid by the City.. .as accepted by 'DOT.'" Discussion. Deputy Mayor Gennell then stated, "Is there any reason - Mr. Garganese and Mr. McLemore, that an item can't be inserted into their contract with us - their agreement; whereby they agree to escrow the amount of money that we anticipate necessary for them to participate in the mast arm construction and we approve the mast arm and we go forward with our part of the 'DOT' processes, until we can get 'DOT' where we need them; their money for that is escrowed there. They continue on with their building as they need to do, and we continue on with the things the City should be doing, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 17 of33 and when, and if, 'DOT' does what we anticipate they're supposed to do, there money is sitting there to participate in the mast arms and they go up. Can this be done?" Discussion followed regarding funding; and advance funding. Commissioner Blake left the dais at 12:10 a.m. Further discussion on moving forward; and setting standards. Manager McLemore added, "The only thing we're using them for, is advance funding of the design, for the upgraded intersection, which we would pay them for, and getting it constructed, probably a year to a year and half before the State would ever get there. And, the State will allow that to happen, as long as you enter into that agreement, but it's not a new thing." Commissioner Blake returned to the dais at 12: 12 a.m. Deputy Mayor Gennell added, "Well then, let's agree to let them go ahead with their building, let's look at the mast arm, let's look at the tiles, and let's put the agreement on the next Agenda." Further discussion ensued on setting the "standard," and permitting. "I MOVE THAT WE APPROVE THE CONCEPT OF THIS MAST ARM, AS IT IS PRESENTED, FOR THAT INTERSECTION - DOUBLE LIGHTS." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: COMMISSIONER BLAKE ASKED THAT THE CITY CLERK REPEAT THE MOTION. THIS WAS DONE. DEPUTY MAYOR GENNELL THEN SAID, THE "CONCEPT OF THIS DESIGN, OF THIS LIGHT POST." COMMISSIONER BLAKE STATED, "THE MOTION IS A SELECTION OF THE TYPE OF MAST ARMS." DEPUTY MAYOR GENNELL STATED, "YES - FOR THIS INTERSECTION. YES." COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mr. Fike then asked, "Is the City intending to pay for this mast arm, as described in the Developer's Agreement?" Discussion ensued on the related costs and the standards. DEPUTY MAYOR GENNELL STATED, "I MOVE THAT WE GO FORWARD WITH THE AGREEMENT AS AGREED IN YOUR CONTRACT - THE CITY GOES AHEAD WITH THEIR AGREEMENT WITH ECKERDS REGARDING CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 18 of33 THE LIGHT STANDARD AT THAT INTERSECTION - THE FUNDING AT THAT INTERSECTION. WE AGREE TO ABIDE BY OUR CONTRACT." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. DISCUSSION ENSUED ON DISCLOSURE OF A GRANT; THE REFERENCE TO THE $200,000.00; AND FOLLOWING THROUGH ON OUR AGREEMENTS. Tape 3/Side B DEPUTY MAYOR GENNELL THEN STATED, "WHAT MY MOTION ENTERTAINS IS THAT THE CITY LIVE UP TO ITS COMMITMENT TO THE 434 CORRIDOR, TO ITS COMMITMENT TO THAT INTERSECTION, AND SPECIFICALLY TO ITS COMMITMENT TO THESE DEVELOPERS COMING IN HERE, AND TO ITS OVERALL INTENTION, ON THIS ISSUE." DISCUSSION. COMMISSIONER McLEOD ADDED THAT "THE MOTION ACTUALLY IS TO GO FOR THE GRANT, THAT MEANWHILE, THAT THIS CITY COMMISSION WILL STAND UP TO IT'S COMMITMENT TO THE $200,000.00 DOLLARS, IF WE DON'T NEED THE GRANT." VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Discussion ensued on tile colors; the original preference of the City - for the color of "Peacock Blue," which was noted on a signed agreement. Mr. Fike then showed several color selections to members of the Commission, and then spoke of the preference of the Eckerd's organization. Discussion. Commissioner Miller stated, "Mr. Mayor, Point of Order, Commissioner Blake has the floor." Discussion followed on the signed agreement; working together; and the color for the roof tile. "I MOVE THAT THE COMMISSION CHANGE THEIR SELECTION OF COLOR ON THE ECKERD ROOF TO BE THE PATTERN WITH BLUE AND LIGHT BLUE ON IT - THE SECOND ONE FROM THE TOP WHICH IS WHAT?..." MR. FIKE SAID, "THAT COLOR IS 'MCA COt BLUE FLASH'" DEPUTY MAYOR GENNELL THEN ADDED, "WHICH ECKERD HAD CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10. 2000 Page 19 of33 INDICATED WOULD BE ACCEPTABLE TO THEM. THAT'S MY MOTION." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. Mayor Partyka called a break at 12:46 a.m. The meeting was called back to order at 12:52 a.m. Mayor Partyka said, "Let the record show, 'Everybody is here. ", .:..:. AGENDA NOTE: REGULAR ITEM "J" WAS AGAIN DISCUSSED WITH THE COMMISSION. .:..:. VI. REGULAR J. City Manager Requesting The City Commission Consider Negotiations With Schrimsher Properties. Much discussion and negotiations ensued between the Commission, Mr. Grindstaff, and Mr. Schrimsher continued regarding green space; and open space. Regarding the billboards issue, discussion followed regarding timing; contracts; use; location of the billboards; legitimate use for billboards; amortization; revenues; permitting; "community well-being;" preferred space requirements for the billboards; and mitigation. Commissioner Miller left the dais at 2:28 a.m. Discussion next dealt with the issue of wetlands and conservation areas. Tape 4/Side A Commissioner Miller returned to the dais at 2:32 a.m. Further discussion ensued on the negotiations of the billboard issue; Comprehensive Plan Amendments; what might transpire at the next meeting of the Planning and Zoning Board/Local Planning Agency (which will be held on Tuesday, April 11, 2000); space requirements for the billboards; and related criteria. After much discussion, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 20 of33 Commissioner McLeod summarized the latest negotiations by saying, "400 foot radius; single billboards at a time - same side of the street - footer being accepted - and sixty (60) days after that, before they are down." The Commission decided to hear another Agenda Item, so that Mr. Grindstaff and Mr. Schrimsher could further discuss their concerns. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS NEXT HEARD BY THE COMMISSION, AS DOCUMENTED. .:. .:. VI. REGULAR I. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of Mr. Richard Todd For A Land Use Change To The Property At 670 East State Road 434. Mr. Richard Todd explained his situation regarding his Occupational License. Discussion followed regarding a conversation with Ms. Jimette Cook, Code Enforcement Officer; the location of his business; storage; zoning criteria; retail stores; authorized uses; the issuance of the Occupational License; regulations; the proximity of residences to this business; whether any chemicals were kept on site; the costs he has already incurred, along with potential costs for any changes to this business; and non-conforming uses. Regarding what the City Commission could do in such a situation, Attorney Garganese stated "Your alternative, right now, is you can change the zoning district code for C-l to permit pest control; or you can do nothing and let this matter go before the Code Board, which it is currently scheduled to go to; prosecuting for an unlawful use of land. The City Commission obviously always has the authority to take independent action, to abate an unlawful use of land, if you choose to do that. If you think there was some sort of equities that need to be adjusted, in this case - the Commission could do that, on a limited basis." Attorney Garganese mentioned a related case, and advised the Commission that there is case law, that is "in your favor." Discussion followed regarding possible options. "WHAT I WOULD SUGGEST, IS TO ALLOW HIM TO CONTINUE TO OPERATE AT THAT SITE, UNTIL THE END OF YOUR LICENSE - END OF THE OCCUPATIONAL LICENSE THAT WAS ISSUED. AT THAT TIME, THAT OCCUPATIONAL LICENSE WOULD NOT BE RE-ISSUED, FOR THAT LOCATION." COMMISSIONER McLEOD ADDED, "THAT WOULD BE MY RECOMMENDATION UNDER THE CIRCUMSTANCES, BECAUSE I DO NOT BELIEVE THAT WE WANT TO CHANGE THE ZONING OVER THERE, AND WE HAVE GOT A CITIZEN THAT IS COMPLAINING." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2000 Page 21 of33 COMMISSIONER BLAKE ADDED, "I WOULD LIKE TO AMEND THE MOTION TO REVOKE THE OCCUPATIONAL LICENSE AND OFFER HIM A REPLACEMENT OCCUPATIONAL LICENSE FOR AN OFFICE/RETAIL OPERATION, AND REQUIRE HIM TO NOT HAVE ANY CHEMICALS ON THE PREMISES - THAT WOULD ENABLE HIM TO PRESERVE HIS INVESTMENT. FOR THE MOST PART, IT WOULD GIVE HIM AN EXTENDED PERIOD OF TIME TO DECIDE WHAT HE WANTED TO DO." AMENDMENT BY COMMISSIONER BLAKE. MAYOR PARTYKA INQUIRED, "THE CHEMICALS WOULD INCLUDE THE TRUCKS ALSO, RIGHT?" COMMISSIONER BLAKE STATED, "YES, SIR." SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE THEN CLARIFIED, "TO MAINTAIN THE OPERATION OF THE BUSINESS THERE, WITH THE EXCEPTION OF THE CHEMICALS BEING ON THE PREMISES." VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: NAY MOTION CARRIED. VOTE: (ON THE MAIN MOTION) COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: NAY MOTION CARRIED. Brief discussion ensued. Deputy Mayor Gennell stated, "Mr. Mayor, the only clarification I wanted to make was that the requirement was not to store any chemicals there; and ifhe has to come to some arrangement, with a fence or something, in order to have vehicles not visible from the street in order to comply with our commercial vehicles." .:..:. AGENDA NOTE: REGULAR ITEM "J" WAS AGAIN DISCUSSED WITH THE COMMISSION. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 22 of 33 VI. REGULAR J. City Manager Requesting The City Commission Consider Negotiations With Schrimsher Properties. Continued discussion ensued regarding the status of the proposed negotiations. Tape 4/Side 8 COMMISSIONER McLEOD STATED, "ON THE BILLBOARDS, THE BILLBOARDS WILL COME DOWN. ON THE C.O., THE 'C OF 0', IT WILL BE EACH BILLBOARD, WILL BE PREDICATED UPON IT'S OWN, REGARDING THE SAME SIDE OF THE ROAD - NOT ONLY THE DISTANCE, OF THE 400 FEET - OF THE RADIUS - IS ONLY GOOD FOR THE SIDE OF THE STREET THAT THE BILLBOARD IS ON. CORRECT?" MOTION BY COMMISSIONER McLEOD. DEPUTY MAYOR GENNELL ADDED, "THE BUILDING SITE, NOT THE PARCEL - THE BUILDING SITE." MR. GRINDSTAFF THEN ADDED, "THE C.O. FOR THE STRUCTURE - ON THE SAME SIDE OF THE ROAD." COMMISSIONER BLAKE THEN SAID, "AND THE BOARD IS DOWN, BEFORE THE ISSUANCE OF C.O., IN OTHER WORDS..." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NEXT HEARD BY THE COMMISSION, IN THE ORDER AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2000 Page 23 of33 v. PUBLIC HEARINGS 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. Attorney Garganese read Ordinance Number 707 by "title" only. Attorney Garganese then stated, "There have been just some minor, some technical amendments to this Ordinance, to put it into the proper form; just certain findings that are made, consistent with all the planning and deliberations that this City Commission has undergone, since they started this whole Town Center concept." Attorney Garganese then said, "The Third Reading and Final Adoption Hearing has been scheduled for the Apri124th City Commission Meeting." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Mr. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: said, "Just for clarification, is this intended to be the Third and Final Reading on this Ordinance." Mr. Grindstaff then asked, "Is this the Reading that will go back to the LPA tomorrow night, for their passage or their review, prior to adoption?" Attorney Garganese stated, "The LP A will review this one more time, tomorrow night." Attorney Garganese then said, "Just for the record, they've already reviewed the Town Center District Code." Attorney Garganese added, "It's coming back as a package with the Comprehensive Plan Ordinance, Ordinance Number 2000-10, which they are going to be considering based on the 'Objections, Recommendations and Comments' (aRC) Report, that was submitted to the City by the Department of Community Affairs (DCA)." Mr. Grindstaff then stated, "Mayor, just - just consistent with all of our .01d presentations on this topic, since the beginning - of time - it feels like - the Schrimsher organization is opposed to this Ordinance and to what would be the Comp Plan Amendment, unless the Companion Agreement addresses the Schrimsher's concerns as passed concurrently along with that Ordinance. We are adamantly opposed to a Town Center Ordinance unless the Companion Agreement is adopted as we've stated numerous times, and we'd like to restate everything we've ever stated, on the record, at this Third Hearing. Thank you very much." Mr. Charles Carrington, AICP, Community Development Director, spoke with members of the Commission, Manager McLemore, Mr. Grindstaff, and Mr. Schrimsher regarding CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 24 of33 other related Agenda Items; surveys; the location of the Trail; the current alignment; finalizing the agreement; dates for property ownership by the State; and appropriations and funding. Commissioner Blake stated, "Point of Order. This is very interesting what they are talking about, but I'm not sure it needs our presence in order to hammer this out. We've come to an agreement where the Trail will be, in principle, and I think it's up to Staff, the Schrimsher Organization, the surveyors to nail it down." Discussion ensued on "Where the Trail is in relation to 'Edge' Drive." Manager McLemore said, "I think if we could say tonight that it's fixed on the southern boundary of Wetland Park, then we can go ahead and have it surveyed and get it done. If it's out there in the agreement, that it will be two hundred feet on this side of the road, two hundred feet on that side of the road - whenever we get around to it, we can't get there. But I think what Charles is saying, is we've got to make a decision tonight." Manager McLemore stated, "I think we should agree to fix the alignment of the Trail, right now, so we can get the bridge located south, where it needs to be, or east - further east where it needs to be." "MAYOR, I MAKE A MOTION THAT WE PASS ORDINANCE 707, THE THIRD READING AND MOVE IT ON TO THE FOURTH ADOPTION HEARING, WHICH WILL BE APRIL 24TH, THAT'S AS ADVERTISED TODAY, INCLUDING THE UPDATES ON THE LATEST REVISION." MOTION BY COMMISSIONER BLAKE. . SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. V. PUBLIC HEARINGS B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Second Reading And Adoption or Ordinance 2000-0S To Annex 29 Acres or The L.D. Plante Property. Attorney Garganese read Ordinance Number 2000-08 by "title" only. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 25 of 33 Mr. Thomas Grimms, AICP, Comprehensive Planning Coordinator briefly introduced this Agenda Item. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MAYOR, I MAKE A MOTION TO ADOPT ORDINANCE 2000-0S." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. v. PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Second Reading And Consideration Of Ordinance 2000-07 To Require A Six (6) Foot Wall Buffer Between Multi-Family And Single Family Developments And Between Commercial And Single Family And Multi-Family Developments. A Waiver Of The Wall Requirements Within The Town Center District May Be Approved As A Special Exception. The Waiver Provision Shall Not Apply To Developments Located On The Edge Of The Town Center District. "MR. MAYOR, I'D LIKE TO MAKE A MOTION AT THIS TIME TO POSTPONE THE SECOND READING OF ORDINANCE 2000-07 UNTIL APRIL THE 24TH, PRESERVING ADVERTISING." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2000 Page 26 of 33 Commissioner Martinez departed at 3:00 a.m. "MAYOR, I'LL MAKE A MOTION TO EXTEND THE MEETING TO HANDLE THESE FOUR PUBLIC HEARINGS ITEMS THAT HAVE BEEN ADVERTISED FOR THIS EVENING, AS WELL AS ITEM 'F' ON THE REGULAR AGENDA, WHICH IS THE AUTHORIZATION TO GO FORWARD WITH THE SURVEY OF THE TRAIL." MOTION' BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "Show in the record that Commissioner Martinez had to leave at 3:00 o'clock." v. PUBLIC HEARINGS D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And , Consideration Of Ordinance 2000-10 Adopting The Large Scale Comprehensive Plan Amendment (LG-CPA-I-99) 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). "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2000-10 by "title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 27 of33 The "Public Input" portion of this Agenda Item was closed. Mr. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: stated, "We'd like to restate all of our comments that were made on this topic, at this time, without having to go through it. Hopefully, you would give us the nod on that, and not have to go through it again. I will tell you Mr. Mayor, we have not had an opportunity to look at the revised Comp plan we got here tonight; and we've got a copy of it - we've got a copy of - we've seen the 'ORC' Report, and the response to the 'ORC' Report. We will be here later this evening for the LP A meeting at 7:00 and, hopefully we will have a better opportunity to go over it. In any event, as you all know, the Schrimsher Group strongly objects to the passage of the Town Center Comp Plan Amendment, and Town Center Zoning Code, unless its - our Companion Agreement, dealing with issues unique to them, and could be entered into concurrently." And, a long time ago, even when Mr. Guthrie was here, we agreed that we would be able to maintain the record of our objections, by just transcribing, and having a Court Reporter here for all of the Public Hearings. We've done that, we've kept a number of volumes going. We'll have the current volume, at the April 24th Meeting, to keep that record straight." Deputy Mayor Gennell read an excerpt from a document from the Department of State, dealing with "Back-up material that came on the cover letter with the 'ORC' report." "MAYOR, I'D LIKE TO MAKE A MOTION TO MOVE ORDINANCE 2000-10 TO ITS ADOPTION HEARING ON APRIL THE' 24TH OF 2000." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. v. PUBLIC HEARINGS E. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-09 Adopting The Large Scale Comprehensive Plan Amendment (LG-CPA-4-99) That Would Change The Future Land Use Element Of The Comprehensive Plan By Replacing Existing Policy 2)a.,b. Under Objective B Of Goal 3 With New Language (As Policy 2) Which Would Identify The Land Use Categories In Which Public Schools Are An Allowable Use And Provide School Siting Criteria. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2000 Page 28 of33 Mayor Partyka stated, "I need a Motion to read by 'title' only." "SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2000-09 by "title" only. Mr. Grimms briefly spoke on the adoption of this Ordinance. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MR. MAYOR, I'D LIKE TO MAKE A MOTION TO MOVE ORDINANCE 2000- 09, LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CP A-4-99) TO A SECOND READING FOR ADOPTION ON APRIL THE 24TH, 2000." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. v. PUBLIC HEARINGS F. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-11 To Adopt The Large Scale Comprehensive Plan Amendment (LG-CPA-2-99) That Would Change The Future Land Use Map Designation On The Elizabeth Morse Foundation Property From (County) "Suburban Estates" (1 DU Per Acres) To (City) Designation "Lower Density Residential" (1.1 - 3.5 DU Per Acre). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 29 of33 "MOTION TO READ BY 'TITLE' ONLY PLEASE." COMMISSIONER BLAKE. SECONDED. DISCUSSION. MOTION BY Brief discussion on whether this should be postponed or tabled. Attorney Garganese stated, "Discussion at the Workshop was that we were going to table this Item until the 'ORC' Report can be addressed." "I'LL AMEND THE MOTION TO TABLE THIS ITEM UNTIL THE 'ORC' REPORT IS AVAILABLE." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION) DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. v. PUBLIC HEARINGS G. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2000-12 To Adopt The Large Scale Comprehensive Plan Amendment (LG-CPA-1-97) That Would Update The Traffic Circulation Element In Volume 1 And 2 Of The City's Comprehensive Plan. (This Agenda Item Has Been Postponed To The April 24, 2000 Regular Meeting). No action was taken or needed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 10,2000 Page 30 of 33 VI. REGULAR F. Community Development Department Informing The Commission Of The Timing Of The Cross Seminole Trail Bridge Over State Road 434. Mr. Carrington explained that he was asking the Commission "To authorize the City Manager to sign the necessary contracts for the appropriation of $34,625.00 from the General Fund balance, for surveys and appraisals to align the Cross Seminole Trail in the Town Center." Discussion. "I'D LIKE TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR SURVEYING AND APPRAISAL SERVICES FOR THE NEW ALIGNMENT OF THE CROSS SEMINOLE TRAIL, TO INCLUDE THE TRAIL BEING LOCATED ON THE SOUTHERN BOUNDARY OF WETLAND PARK, AND THE REMAINDER TO BE ALIGNED ALONG WITH EXHIBIT 'A.'" MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. WITH FURTHER COMMENTS ON THIS MATTER, COMMISSIONER BLAKE CLARIFIED, "IF YOU LOOK AT 'A' THERE, TO THE SOUTHWEST CORNER OF WETLAND PARK, WHERE THE 'RED' AND THE 'BLUE' MEET. WE'RE TALKING ABOUT THAT AREA - ON THE NORTH SIDE OF THE ROAD, AS IT HEADS - TO THE EAST - AND THEN ALONG THE SOUTHERLY BOUNDS TO EDGE ROAD..." Mr. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: mentioned reserving "Easements for future crossings on roadways, and underground for utilities, and the wall up there." COMMISSIONER BLAKE ADDED, "AND I WOULD MAKE THAT AS PART OF THE MOTION." DISCUSSION. MAYOR PARTYKA ASKED COMMISSIONER BLAKE TO REPEAT HIS MOTION. COMMISSIONER BLAKE STATED, THE "MOTION WAS TO AUTHORIZE THE CITY MANAGER TO ENTER INTO NEGOTIATION AND A CONTRACT THAT WOULD BE SURVEYING AND APPRAISAL OUTFITS FOR THE NEW ALIGNMENT AS AGREED, ON THE CROSS SEMINOLE TRAIL." COMMISSIONER BLAKE ADDED, "IT'S ALL BEING SURVEYED, THE PLANNED PAVED AND UNPAVED PORTIONS - TO BE ALIGNED UP AROUND WETLANDS PARK WOULD BE ALONG THE EDGE OF WETLANDS PARK, WHICH WOULD BRING THE TRAIL TO THE NORTH OF EDGE DRIVE, PREDOMINANTLY SOUTHERLY, ALL THE WAY TO..." COMMISSIONER BLAKE THEN STATED, "THE SOUTH, SOUTHWESTERNMOST ROAD, AS DEPICTED ON FIGURE 'A.'" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page3lof33 DISCUSSION FOLLOWED REGARDING THE LOCATION OF THE TRAIL, AND WHAT SHOULD BE SURVEYED. Mr. Carrington then stated, "I understand. When it was on the screen earlier, we talked about it; you gave him the option of being on - on one side of the road, or the other. Now, he's saying he wants to be on the North side of the road. I understand that perfectly, and that's what we're surveying." COMMISSIONER BLAKE THEN SAID, "AND THAT WAS MY MOTION." IT WAS AGAIN "SECONDED" BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Commissioner McLeod then clarified, "From what I understand, we're going to survey it; you then are going to look at it, so we're all in agreement with the survey, right?" Mr. Grindstaff said, "Yes, Sir. We're definitely going to look at it." Further discussion followed on the easements and the Motion. Commissioner Blake stated, "Mr. Mayor, the Motion has been stated one time initially, and then was only restated for clarification. If the Clerk were to review the Motion initially, it included the easements." Mayor Partyka then said, "Okay, is that true Andrea? Just to make sure." The City Clerk stated, "I believe that's when Mr. Grindstaff added in something - a reference to the easements, and Commissioner Blake said he would make it as part of his Motion." This was agreed to. VIII. ADJOURNMENT "MAYOR, I WOULD RESPECTFULLY LIKE TO MAKE A MOTION TO ADJOURN THIS MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 32 of 33 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka adjourned the meeting at 3 :25 a.m. .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF APRIL 10,2000. .:..:. VI. REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Consider The Request Of Mr. Walt Dittmer For Satisfaction Of The Code Enforcement Lien Against His Property. D. Police Department Requesting The Commission To Give Approval To Purchase A Kustom Signals, Speed Monitoring Awareness Radar Trailer, Known As A SMART Radar Trailer. E. Community Development Department - Land Development Division Presents To The City Commission, For Their Action, The Planning And Zoning Board Recommendation On The Final Engineering Plans As It Relates To The Proposed Winter Springs Executive Park. H. City Manager Requests The City Commission To Consider An Amendment To The City Code To Provide That A Minor Change To PUD Documents Would Be Submitted To The City Commission For Approval. VII. REPORTS A. City Attorney - Anthony A. Garganese, Esquire B. City Manager - Ronald W. McLemore C. City Clerk - Andrea Lorenzo-Luaces CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Page 33 of33 D. Commission Seat II - Michael S. Blake E. Commission Seat III - Edward Martinez, Jr. F. Commission Seat IV - Cindy Gennell G. Commission Seat V - David McLeod H. Commission Seat I - Robert S. Miller I. Office of the Mayor - Paul P. Partyka Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk APPROVED: PAULP.PARTYKA,MAYOR NOTE: These minutes were approved at the .2000 City Commission Meeting.