HomeMy WebLinkAbout2000 07 10 Consent J Unapproved Minutes from May 8, 2000 Regular Meeting
COMMISSION AGENDA
ITEM J
Consent X
Informational
Public Hearings
Regular
July 10. 2000
Regular Meeting
Mgr. / Dept.
Authorization
CONSENT
J. Office Of The City Clerk
Resubmittal Of The Minutes Of The Regular Meeting Of May 8, 2000 For Approval.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
MAY 8, 2000
I. CALL TO ORDER
The Regular Meeting of May 8, 2000 of the City Commission was called to order by
Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal
Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
ROLL CALL:
Mayor Paul P. Partyka, present
Deputy Mayor Cindy Gennell, present
Commissioner Robert S. Miller, present
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, arrived at 6:34 p.m.
City Attorney Anthony A. Garganese, arrived at 6:31 p.m.
City Attorney Anthony A. Garganese, arrived at 6:31 p.m.
City Manager Ronald W McLemore, arrived at 6:34 p.m.
A moment of silent prayer was followed by the Pledge of Allegiance.
Mayor Partyka mentioned that the Special Meeting regarding the Oak Forest Wall
Assessment District will be held on Wednesday, May 10, 2000, beginning at 6:30 p.m., in
the Auditorium at Winter Springs High School.
Agenda Changes: The following changes were suggested: Postpone Regular Agenda
Item "E"; and that Regular Agenda Item "A" would be moved ahead of the Public
Hearings Agenda. It was mentioned that a time "cap" be placed on discussion pertaining
to Regular Agenda Item "A".
Presentations
Mayor Partyka introduced Chief of Police Daniel J. Kerr who explained that an award
would be presented by Sonitrol Alarm Company.
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Mr. Bill Ford, General Manager of Sonitrol Alarm Company, and Mr. Bob Delvecchio,
the Director of Security for the Seminole County School Board addressed the
Commission and audience. Mr. Ford mentioned that the "Partners Against Crime"
program recognizes "outstanding" efforts, and he explained that Winter Springs Corporal
Fred Gold, and Dispatcher Katherine Mummah had done an outstanding job to prevent a
break-in from occurring at Indian Trails Middle School. A Certificate of Appreciation
was presented to both individuals.
II. PUBLIC INPUT
Mr. and Mrs. John and Hollie Brower, 1932 Lake Street, Oviedo, Florida: inquired as to
why partial paving, "Stopped, just prior to our house," and asked to have the paving
completed. Discussion.
Mr. Kipton Lockcuff, P.E. Public Works Department Director, Manager McLemore and
members of the Commission discussed this matter. It was suggested that they contact
County Commissioner Randy Morris for his assistance, as this is the jurisdiction of the
County. Mr. and Mrs. Brower were advised that they might want to consider whether
they and their neighbors might be interested in annexation.
Ms. Ginny More, 270 San Gabriel Street, Winter Springs, Florida: mentioned that she
had a few concerns, in writing. This information was handed to the City Clerk, to
forward to all members of the Commission.
Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: announced her
candidacy for Seat V. Ms. Krebs mentioned that Mr. Chuck Pula, Parks and Recreation
Department Director had contacted her to set up a meeting. Ms. Krebs further spoke
about handicap accessible park equipment; and inquired as to why the ramps were
removed from this project.
Commissioner Michael S. Blake asked "Are they finished with the ground work there
now?" and inquired as to what additional work still needs to be done. Mr. Chuck Pula,
Parks and Recreation Department Director stated that several items still needed to be
completed.
Manager McLemore said, "As far as the other handicap issues - the best that we could
do, would be to inventory all those things and see what they would cost. If you recall, the
bids were substantially over what we had allocated, and we had to do a lot of cutting - to
make this work. But, if you want us to put you in position to make a decision, relative to
doing some additional work - we'll be happy to do that. I need some direction on that
one. "
Commissioner Edward Martinez, Jr. stated that "The Director of Parks and Recreation is
meeting with some people to finalize ways and means to ameliorate this situation - is that
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correct?" Manager McLemore said, "That was the direction given - was to review it and
see what - if anything we could do, to improve it." Commissioner Martinez then said,
"Can we put this off then, until they are finished their conversations and negotiations and
then, have the Director bring us back what the ideas are - and cost them out. Thank
you."
Ms. Natalie Bogumil, 680 West State Road 434,. Winter Springs, Florida: asked about
Regular Agenda Item "H" and spoke of her concern with signage; that her individual
business sign was not in compliance; that pole signs are to be replaced by monument
signs; and that she was concerned that there was not appropriate "due process." Ms.
Bogumil asked that current business owners be grandfathered in, regarding improper
signage, until a later date.
Discussion ensued on the permitting process; whether business and property owners had
been contacted; getting the word out; advertising; and whether the related Agenda Item
could be heard earlier during this meeting.
III. CONSENT
A. Utility Department
Requesting Authorization To Enter Into A Contractual Agreement For The
Construction Of The Water Treatment Plant #1 Boundary Wall.
B. Office Of The City Clerk
Approval Of The Minutes Of The Special Meeting Of April 24, 2000, Which Was
The Continuation Of The April 10, 2000 Regular Meeting.
C. Office Of The City Clerk
Approval Of The Minutes Of The Regular Meeting Of April 24, 2000.
Mayor Partyka said, "I'd be looking for a Motion to approve the Consent Agenda."
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
DEPUTY MAYOR GENNELL. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
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IV. INFORMATIONAL
A. Fire Department
Requests That The City Commission Review The Results Of The City Of Winter
Springs Employee Blood Drive.
B. City Clerk
Requesting The Commission Review The Attached Program Which Will Be The
Suggested Schedule For The Upcoming Board Appreciation Dinner, To Be Held On
Sunday, June 25, 2000, At The TuscawiUa Country Club.
C. General Services Department
Would Like To Inform The City Commission Of The Results Of The 1999-2000
United Way Campaign.
D. Parks and Recreation Department.
Requests That The City Commission Review Information On Community Youth
Organization (C.Y.O.) Supervised Basketball Summer Program At Torcaso Park
And Trotwood Park.
Mayor Partyka said, "I'd be looking also for a Motion to approve the entire Informational
Agenda. "
"SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
"I KNOW WE ALREADY REARRANGED THE AGENDA, BUT I'D LIKE TO
MAKE A MOTION THAT WE MOVE ITEM 'H' UP, AT THIS POINT."
MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION.
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VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS
WERE HEARD IN THE ORDER AS DOCUMENTED. .:. .:.
VI. REGULAR
H. Community Development Department - Code Enforcement Division
Requests The City Commission Review Information Pertaining To The State Road
434 Corridor Vision Plan For Redevelopment.
Ms. Jimette Cook, Code Enforcement Manager introduced this item, and explained some
of the standards; related costs; conformance with the new guidelines; and landscaping.
Commissioner Martinez left the dais at 7:15 p.m.
Manager McLemore spoke of enforcement and suggested that the "enforcement" of this
Ordinance be delayed for a one year period, and that ''Notice'' be provided via mail.
Commissioner Martinez returned to the dais at 7:16p.m.
Manager McLemore suggested that all property owners be contacted by "certified mail."
Commissioner Blake left the dais at 7:17p.m.
Members of the Commission and Manager McLemore further discussed suggested
compliance timeframes; and that all property owners be contacted.
Commissioner Blake returned to the dais at 7: 18 p.m.
Manager McLemore added, "What I would recommend, is that we do this by Certified
Mail - this time around, to make sure that we contact every property owner."
Further discussion ensued on previous compliance dates; that in the future, such issues be
brought to the Commission "Prior to going into compliance, rather than after;" extension
time periods; and preferred methods for contacting business representatives.
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Commissioner Martinez stated, "I would like to ask, or request that the City Manager and
the Code Enforcement people, review the Sign Ordinance and find out why we don't
have a renewal requirement."
Commissioner Blake suggested that all three categories be brought to the same time
frame, and agreed that notification via "Certified mail is the correct way." Commissioner
Blake added, "But I think we notify two categories of entities - the one being the
property owners, the second being - we'll go through the Occupational Licenses, and any
business that is listed on State Road 434, that's within the area controlled by the
Redevelopment District Code, would also get one. And, I think the letter that goes out
should state very clearly, what the penalties will be, and that there will be no extensions,
past that extended timeframe."
Attorney Garganese was asked if the Ordinance should be revised, and he suggested that
"The cleanest way to do this - is to amend the Ordinance; provide sufficient public notice
- which gives the people an opportunity to come and be heard, and that Ordinance would
simply extend the amortization period for signs in value of zero dollars to ten thousand
dollars ($10,000.00), and bring them all into compliance in that fifth year." Discussion.
Commissioner Robert S. Miller summarized by saying, "All categories would have to
come into compliance by 14 November 2002." Other members of the Commission
agreed to this, and Mayor Partyka stated, "So be it."
VI. REGULAR
A. City Manager
Requests The Commission Approve An Agreement Between Schrimsher Properties
And The City Of Winter Springs Relative To Adoption Of The Town Center Code.
Commissioner Miller stated, "I'd just like to make a Point of Order, that it's now 7:30 -
and that we will stop discussion of this item at 8:30, because we have the rest of the
Agenda to move on to." Brief discussion.
"I MAKE A MOTION THAT WE ALLOW ONE HOUR, FOR ITEM 'A' ON THE
REGULAR AGENDA, AND THAT ANY SUBSEQUENT DISCUSSION BE
MOVED TO SOME OTHER VENUE, AT ANOTHER TIME, OR AT THE END
OF TONIGHT'S MEETING, IF THAT'S AGREEABLE TO THE
COMMISSION." MOTION BY COMMISSIONER MILLER. SECONDED BY
DEPUTY MAYOR GENNELL. DISCUSSION.
Commissioner Blake stated, "Mr. Mayor, Point of Order. Point of Order. This Item has
not been moved on the Agenda. It's coming exactly where it is on the Agenda."
Tape I/Side B
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Mayor Partyka clarified what the Motion is and stated "Just for clarification, it's one hour
now - and if there is any further discussion, just to do it at the end of the evening."
VOTE: ("ON CALLING THE QUESTION")
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: NAY
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Discussion.
.:..:. AGENDA NOTE: THE PREVIOUS VOTE WAS AGAIN TAKEN -
MAYOR PARTYKA EXPLAINED AND SAID, "ANDREA, START ALL OVER
AGAIN, JUST IN CASE THERE MAY BE A CHANGE. CALL THE VOTE,
PLEASE." .:. .:.
VOTE: ("ON CALLING THE QUESTION")
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
VOTE: ("ON THE MOTION")
COMMISSIONER BLAKE: NAY
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: NAY
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Discussion ensued on the Schrimsher agreement; how things would be handled; and an
updated map was handed out. Discussion.
Mr. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: stated,
"For the record, Mr. Mayor, my name is Michael Grindstaff, of the law firm of Shutts and
Bowen, we represent the Schrimsher Group. Our address is 20 North Orange Avenue,
Suite 1000, Orlando, Florida. With me tonight is Michael Schrimsher, a representative of
the Schrimsher Group as well." Mr. Grindstaff started to explain some concerns.
Mayor Partyka called a break at 7:44 p.m.
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Mayor Partyka called the meeting back to order at 8:02 p.m.
Discussion ensued on the differences in a couple of memorandums; the 23.36 acres to be
purchased; the surveyed. property; the boundaries of Wetland Park; what both parties
desire; what will be provided; the location of Wetland Park; and that the word
"approximate" be dropped to allow for minor modifications of the land.
Commissioner Blake stated, "My point is, what you want are pipes that connect and pipes
that work. You don't care how many feet it is, right?" Mr. Grindstaff said, "That's
right." Commissioner Blake continued, "And what you want is a road that connects at
both ends..." Mr. Grindstaff added, "And meets the dimensions of Spine Road, as
dictated in ~he Code." Commissioner Blake said, "Of course. And what we want are the
dimensions of the park - in terms of acreage, that we previously agreed upon, and if the
road has to move - six inches in order to accomplish that, then the road moves six inches
to accomplish that."
Discussion followed on what acreage the City has purchased; the value of the property;
getting what the taxpayers have paid for; agreements; defining the boundaries; the
definition of "approximately;" and the specificity of the acreage.
COMMISSIONER BLAKE STATED, "MAYOR, I AM WILLING TO MAKE A
MOTION - FOR THE COMMISSION, THAT ON THIS PARTICULAR POINT,
THAT BEING FOR WETLAND PARK, THAT WE WILL ACCEPT NOT LESS
THAN - 23.36 ACRES, FOR WETLAND PARK, AND FURTHER THAT IN THE
DRAFT AGREEMENT THAT'S BEFORE US - THIS WOULD BE IN THE
DEFINITION OF SECTION II 0) - UNDER THE DEFINITION OF WETLAND
PARK, THIRD LINE - THAT SENTENCE WOULD READ, SPECIFICALLY,
'WETLAND PARK SHALL CONSIST OF NOT LESS THAN 23.36 ACRES, AS
GENERALLY DEPICTED ON EXHIBIT 'A,' WITH THE UNDERSTANDING
THAT THE ACTUAL CONFIGURATION OF WETLAND PARK, MAY BE
ADJUSTED, DEPENDING UPON THE ACTUAL LOCATION OF SPINE ROAD
AND THE ACTUAL LOCATION OF THE CROSS SEMINOLE TRAIL."
MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER
McLEOD. DISCUSSION.
COMMISSIONER DAVID W. McLEOD ADDED, "IT MEANS THE ROAD MAY
HAVE TO SHIFf FURTHER TO THE WEST, OR A LITTLE FURTHER
NORTH IN ORDER TO ACCOMMODATE THE 23.36 ACRES, SO THAT WE
MAKE SURE THAT WE UNDERSTAND, WHAT THAT IS - OR EVEN
TOWARD THE WETLANDS. "
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VOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Mayor Partyka clarified, "The Motion basically says, this Commission agrees as a group
that it should be - not less than 23.36 acres in this contract". Discussion.
Manager McLemore stated that the second issue was the size of Magnolia Park; and the
reduction in the size of this park from .79 to .59 acres. Manager McLemore stated,
"You're entitled to .79 acres." Discussion followed on the acreage; where the area is
situated; ownership of the property; conveyance of property; the related infrastructure;
reconfiguring the property; and the size of the Trail.
Tape 2/Side A
Further discussion ensued on conveyance of the .79 parcel; and whether the issue that a
portion of this parcel was partly State owned lands had been discussed before. Manager
McLemore stated, "My absolute conviction is that we were purchasing .79 acres from
Schrimsher." Discussion.
Commissioner Blake left the dais at 8:57 p.m.
Discussion ensued on this drawing as being just "conceptual."
Commissioner Blake returned to the dais at 8:58 p.m.
Attorney Garganese left the dais at 8:58 p.m.
Commissioner McLeod stated, "The problem is, we agreed to fixed acreage, and that's
why we need to have fixed numbers - the same, as we have agreed to put in a road."
Commissioner Blake added that "All of the maps that we dealt with, even at the
assistance of the organization, have been, I think a direct quote is 'for illustrative
purposes only'. And the purpose of our negotiations when Commissioner McLeod and I
sat in, with you gentlemen, and our staff, was to iron out some of these issues that we
could nail down and put actual hard numbers to - and one of the hard numbers that we
came to an agreement on, at that time was, acreages of the parks that would be conveyed
to the City - and that is the exact terminology that we used then, and it hasn't changed."
Attorney Garganese returned to the dais at 9:00 p.m.
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Commissioner Blake added, "My other point is the maps have always been, and still are
'for illustrative purposes only.' These are not surveyed, engineered lines on here. That's
why in the negotiations we nailed down exact numbers - to the hundredth of an acre, in
each case, of what each of the parks would be - how much would be conveyed to us."
Mayor Partyka called a break at approximately 9:01 p.m.
Mayor Partyka called the meeting back to order at approximately 9: 15 p. m.
Mayor Partyka then stated, "Let the record show, that everyone is here, on the City
Commission. "
.:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA
ITEMS WERE NEXT HEARD IN THE ORDER AS DOCUMENTED. .:. .:.
V. PUBLIC HEARINGS
B. 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 And To Developments Located
On The Edge Of The Town Center District. A Waiver Of The Specific 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.
Attorney Garganese read Ordinance Number 2000-07 by "Title" only.
Attorney Garganese then stated, "Mayor and Commission. I went back and made the
appropriate amendment to this section, or the sections that are relevant in this co-
provision. As we discussed, the wall requirement in the Town Center shall apply
internally within the boundaries of the Town Center, but only to buffer loading docks,
service areas, and trash disposal facilities, from adjacent single family or multi-family
residential uses, as specifically set forth in the Town Center Code. However, there was
just one small, little oversight - I would suggest adding some language, because the
section in the Town Center Code specifically relates to large footprint buildings. So to
clarify, I would suggest - the language be 'Shall be internally within the boundaries of
the Town Center for large footprint buildings. ",
Discussion followed regarding the square footage associated with "Large footprint"
buildings, which is defmed as those "Greater than 20,000 square feet"; that dumpsters
should not be visible; and zoning classifications.
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Mayor Partyka polled the Commission regarding whether they were in favor of the
proposed Amendment. The consensus was that the Amendment would not be included.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"I'D LIKE TO MAKE A MOTION TO ADOPT ORDINANCE 2000-07,
PERTAINING TO WALLS BETWEEN USES." MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
C. General Services Department
Requests That The City Commission Adopt On First Reading Ordinance 2000-15,
Relating To The City Purchasing Policies And Procedures.
Mayor Partyka said, "I need a Motion to read by "Title" only.
"SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER MILLER. DISCUSSION ENSUED ON FIRST OR SECOND
READINGS. MANAGER McLEMORE STATED THIS WAS TO BE A FIRST
READING.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: NAY
COMMISSIONER MILLER: AYE
MOTION DID NOT CARRY.
Attorney Garganese read Ordinance 2000-15 in its entirety.
Manager McLemore left the dais at 9:26 p.m.
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Mr. Gene DeMarie, General Services Director addressed the Commission on this subject.
Discussion ensued on purchasing procedures, and whether corrective findings should be
identified. Attorney Garganese stated that he would review this matter.
Manager McLemore returned to the dais at 9:28 p.m.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
Discussion ensued on previous purchasing practices, and possible ratifications. Attorney
Garganese stated, "Let me look at the issue - from a general approach - and get back to
you at the next Commission Meeting."
Mayor Partyka said, "I need someone to make a Motion - to move this on to Second
Reading. "
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Commissioner McLeod then stated, "When this comes back, as part of the Staffs
recommendation, I would like to see - in that recommendation - that ratification, or
whatever it be - Ron, to be one of the ways to tie it up. Thank you."
Commissioner Martinez added, "May I suggest that in the future, that we are provided
with copies of Ordinances that are amended, while this process is going through; because
the ones that we have now, are not clear, because there have been Amendments to it, and
we don't seem to get a copy of those amended Ordinances, once they are finally
approved. Can we do that?" Brief discussion. Attorney Garganese stated, "The City
Clerk, upon execution by the Mayor, can simply put the adopted Ordinances in each City
Commissioner's box." Commissioner Martinez then said, "Thank you very much."
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.:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA
ITEM WAS REQUESTED TO BE TRANSCRIBED "VERBATIM." .:..:.
v. PUBLIC HEARINGS
D. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Third Reading And
Adoption Of Ordinance 758 Adopting The Large Scale Comprehensive Plan
Amendments LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98, Dealing With Land
Conservation And Resource Protection In The Town Center.
Mayor Partyka: "Let me ask this question. The fact that this talks to the Town Center,
this issue - this next one - 'D.' Community Development Department - Planning
Division.' I'll just read it so we get it out of the way - 'Requests The City Commission
Hold A Public Hearing For Third Reading And Adoption Of Ordinance 758 Adopting
The Large Scale Comprehensive Plan Amendments LG-CPA-2-98, LG-CPA-3-98, LG-
CPA-4-98, Dealing With Land Conservation And Resource Protection In The Town
Center. '"
Since this refers to the Town Center again, and we still haven't concluded the Town
Center issue, should this be in effect, bundled with the rest of the Schrimsher discussion
and the Town Center Ordinance. I mean, just give me a technical position on that so we
could go on."
Attorney Garganese: "This Ordinance pertains to more than just the Town Center."
Mayor Partyka: "Right, but it also talks to the Town Center."
Attorney Garganese: "It does speak to the Town Center in some respects."
Mayor Partyka: "You tell us, I mean - from your standpoint, is it all right to move on or
should we just hold off?"
Attorney Garganese: "I know that Mr. Grindstaff wants to speak to this Ordinance. I
think it is okay for the City to move forward..."
Mayor Partyka: "Okay."
Attorney Garganese: "... With this, at this point."
Commissioner McLeod: ".. . Adopted a Town Center Ordinance. . ."
Commissioner Martinez: "It is a Comprehensive Plan Amendment."
Attorney Garganese: "It is a Comprehensive Plan Amendment."
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Mr. Grimms: "Yes."
Attorney Garganese: "This isn't a Zoning Amendment."
Mr. Grimms: "Right."
Mayor Partyka: "Okay. Please read it then by 'Title' only."
Attorney Garganese: "Ordinance Number 758 - an Ordinance of the City of Winter
Springs, Seminole County, Florida, relating to the Comprehensive Planning, setting forth
and adopting three (3) Large Scale Comprehensive Plan Text Amendments - references
LG-CP A-2-98, LG-CP A-3-98, and LG-CP A-4-98, which shall amend the
Comprehensive Plan by adding three (3) policy statements relating to Land Conservation
And Resource Protection, providing for the repeal of prior inconsistent Ordinances and a
Resolution providing for the severability, providing for incorporation into the
Comprehensive Plan, providing an effective date and legal status of the Plan
Amendments. Mayor."
Mayor Partyka: "Okay. Thank you. Mr. Grimms, any comments?"
Mr. Grimms: "Yes, from a planning standpoint I would certainly hope the Commission
would take action on this because we have a deadline coming up. This relates to the P-
2000 Grant Program application that we are doing, and in June that deadline comes and I
need to have this adopted in order to position ourselves in good stead with the review
committee in order to get the points."
Mayor Partyka: "Very good. Commissioner Gennell, would you want me to open
'Public Input' first, or yourself?"
Deputy Mayor Gennel/: "Actually, I'll take my light back off."
Mayor Partyka: "Okay. Then what I'll do is open this up to 'Public Input.' I have no
'Request to Speak' forms here. Mr. Grindstaff?"
Mr. Grindstaff: "Thank you, Mr. Mayor. Michael Grindstaff, Shutts and Bowen, 20
North Orange Avenue, Orlando, Florida, 32801. On behalf of the Schrimsher Group, we
were not here tonight to address this issue specifically although we got the - we weren't
planning on being here to address this issue; but we got a copy of the Agenda on Friday.
We thought we might need to,' and then after we looked at the Agenda out front we
confirmed that we probably need at least to ask some questions. Maybe Anthony or City
Manager, perhaps Tom, could answer some for us.
. First of all, generically, until such time as a companion agreement or some sort of
agreement that's satisfactory to the Schrimsher organization can be reached with the City,
we vehemently object to the Town Center Code, and any Amendments to the Town
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Center Comprehensive Plan that make way for the Town Center District; because it - for
all of the reasons we have enumerated many, many times before. The - specifically I
think it - Tom you can help me here. The conservation element was intended to protect
certain archeological, maybe someone could summarize the purpose of this particular
amendment. I was told that it was intended to clean up the 'Comp Plan,' so that the
'Comp Plan' would be able to address issues that would allow you to get certain points in
your analysis for your Grant monies in the P-2000.
I am specifically worried about how is the - how are conservation areas going to be
described and identified within the Town Center? What are the archeological conditions
that they're trying to preserve and protect? Are we talking about the digging up of
artifacts? There was reference made in one of the attachments to the Code, about
protecting wells and springs and underground conditions. I simply don't know what this
is about."
Mayor Partyka: "Could you summarize?"
Mr. Grimms: "Basically through policy statements relating to preservation of
environmentally sensitive areas, and archeological areas that may be found within the
Town Center; these are statements that just go a little bit forward and strengthen the
Comprehensive Plan policies that are - indicated in the 'Comp Plan' right now."
Mr. Grindstaff: "In the archeological conditions, are they intended to imply to the
artesian situations that were referenced in the springs, that were, I think identified as
being east of Tuskawilla and north of 434? Is that the archeologicals - I must be missing
something?"
Mr. Grimms: "Those areas in and around the Town Center, the State has a policy of
preservation of archeological areas whether they're sights or artifacts, and this is the
intent of the P-2000 Grant. Staff is to encourage the local communities to show
preservation, interest in preservation of these sorts of things. So, and they felt our
Comprehensive Plan was not strong enough in terms of policy statements to show this
desire. And - so we worked with the P-2000 Grant Program staff and they pretty much
fashioned these statements, and they said with these statements you should be well
positioned for points to get Grant monies for what we want to do."
Mr. Grindstaff: "It says that, during the year the City shall adopt a Town Center
(District) Conservation Preservation District, I believe - I may be mis-stating the
language. Anthony, do you have that language in front of you?"
Attorney Garganese: "It says 'Town Center Resources Protection District' will be
created."
Mr. Grindstaff: "What kind of steps have been taken to form that District?"
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Mr. Grimms: "No steps at this point."
Mr. Grindstaff: "Just, that we've got to do it during the..."
Mr. Grimms: "That we would have to do it after the policy is adopted and when the
Grant is applied for - that we make - a good faith effort and show that we are committed
to doing that. We don't have to have that in place at the time of the Grant award, just
indicate that that would be done, if we were to get the Grant to work."
Mr. Grindstaff: "Mr. Mayor, just from a conceptual discussion, I know we've talked
about concepts and lines and things, but we've all talked many, many hours about the
Town Center and the increased densities, intensities, and the benefits of a Town Center.
We've talked about the doughnut hole, which is Wetland Park and that wetlands area in
the middle of the Town Center, and perhaps, the City Manager or someone could help me
here. Is there any intention or expectation of claiming more than the wetlands area as
some sort of conservation area within the Town Center?"
Manager McLemore: "I would think that as it relates to environmental areas that need
protection, most of those are already in these public areas that we're requiring. I can't
tell you that for sure. I think that we evaluated all that as we were going through the
process, but they may not be one hundred percent (100%) correct. But, I would think the
majority of the areas are already taken as far - though the negotiations we had with you.
I think that we will require an archeological analysis throughout the area before the final
line is drawn. Maybe you can help here Tom. .."
Mr. Grimms: "... That is what they are looking for."
Manager McLemore: "Yes. But I don't know that..."
Mr. Schrimsher: "... I think.. . "
Manager McLemore: "... We draw that final line, we have some authority over that
ourselves."
Mayor Partyka: "Could I ask for clarification? Is this in effect, for conservation areas
and archeological areas? Doesn't that apply to the entire City anyway? Ifwe find any of
those areas, don't we have to do something?"
Manager McLemore: "Yes."
Mayor Partyka: "So my question is, if in effect, it's in place, why do we need to do this,
ifit's in effect there?"
Mr. Grimms: "Because, when the P-2000 Program staff looked at our Comprehensive
Plan - if they felt that statements were not strong enough."
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Mayor Partyka: "I guess what I'm saying, why single out the Town Center. Why not just
make the strong statements for the entire City?"
Mr. Grimms: "Well, because, for the P-2000 Grant Program application we singled out a
number of different properties within the Town Center, for the Grant monies ,md that's
why we focused in there. So..."
Mayor Partyka: "Okay."
Mr. Grindstaff: "Well, maybe we could zero in on the archeological fishing expedition.
Are we talking about artifacts and burial grounds and that sort of thing? Are we talking
about an artesian condition? Now 1 see Commissioner McLeod nodding his head, maybe
he can help here?"
Commissioner McLeod: "I am sure Tom can answer, but 1 think we're actually looking
for bones and bodies, not cows. Weare after human artifacts here is what I think we are
looking at, and which is part of a mandate by the State of Florida."
Mr. Grimms: "That's correct."
Commissioner McLeod: ".. .Also partially in place at the present time under our present
'Comp Plan,' and all this language does is - aligns itself closer to the State's so that it
satisfies their need."
Mr. Schrimsher: "That's correct."
Mr. Grindstaff: "And not the artesian situation referenced in the minutes or in the
attachment. "
Commissioner McLeod:. "I don't think we're talking about water artesian wells. 1 think
what you're referring to, - 1 know policy one of this is talking about artifacts.. I don't
know if policy three is - I think Tom should be able to address that, as far as artesian
wells. "
Manager McLemore: "1 think the only place we had any indication at all, of any artesian
wells was in the wetlands area."
Mr. Grindstaff: "And I would just like to clarify that was the intent and expeetation of
all parties. We don't need a fishing expedition and - someone coming around. and just
trying to make things up in order to claim all of the Town Center property as some sort of
conservation area, which would be kind of backwards for all of us. I just think we need
to be careful as we pass these broad-brush 'Comp Plan' Amendments."
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Mr. Grimms: "No. It would be those areas that would be outlined by the City. If you
say for artesian wells, environmental sensitive areas. It would not be a blanket over the
whole ofthe Town Center."
Commissioner Martinez: "May - I read something for you?"
Mr. Grindstaff: "Please sir."
Commissioner Martinez: "In the Planning and Zoning Board part of this package, under
a response to a question by DCA, I guess - it says here, that the Town Center project
includes a proposal to preserve the area surrounding the springs in a natural state. The
springs located on the east side of Tuskawilla Road and the north side of State Road 434,
are the basis from which the springs derives its name. The City seeks to preserve this
rare, natural resource in its natural state for the appreciation and understanding by the
public. That is what you are referring to? You are talking about springs?"
Mr. Grindstaff: "Yes sir, that is one of the lines. I think there was another line there, but
the point is - I don't know how far that goes; what the expectation is? You're going to
surround that with a huge radius in order to preserve whatever is in the wetlands - I mean
those are the concerns we have. And this 'Comp Plan' Amendment, with unspecified
terms, such as we are going to pass a District in the future, leaves us skeptical as to how
far that will go. And, we are - and you should be, I think, very concerned about that
being a broad-brushed taking - for lack of a better word, excuse the choice - I cim't think
of one, better than that."
Mayor Partyka: "Okay. Hold that thought. Commissioner McLeod?"
Commissioner McLeod: "I would like to know where the Commissioner just read that
from?"
Commissioner Martinez: "It's a Planning and Zoning Board/Local Planning Agency
Agenda Item discussing the - hard to see - the proposed Large-Scale Comprehensive Plan
Amendments. "
Manager McLemore: "It's one ofthe attachments?"
Mr. Grimms: "Attachment 'C.'"
Commissioner McLeod: ".. . Attachment 'C' - that's what... okay the next..."
Commissioner Martinez: "Yes, Attachment 'CO ,,,
Commissioner McLeod: "The next thing - where is that actually located?"
Commissioner Martinez: "It says here..."
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Mr. Grimms: "On the second page ofthe 'P&Z' Board Report, about the middle: right..."
Commissioner Miller left the dais at 9:51 p.m.
Commissioner Martinez: "The fourth page. Where it says response at the top, under
twelve. .."
Mr. Grimms: ".. .Response - right after response..."
Commissioner Martinez: "The Town Center Project..."
Commissioner McLeod: "Okay."
Manager McLemore: ".. . Springs is located on the east side of Tuskawilla Road and
north on..."
Mr. Grindstaff: "We would really appreciate getting a copy of that."
Commissioner McLeod: "You can have mine. But, my question on this, City Manager
is that spring presently in Wetland Park."
Manager McLemore: "Yes, based on the work that was done by environmentalists, when
we were going through all this initially, we tried to include all of that area in the area that
we are taking here."
Commissioner Miller returned to the dais at 9:54 p.m.
Commissioner McLeod: "Okay, but we're not taking anything here. It is in the park.
Wetland Park. Part of the twenty-three acres, correct?"
Manager McLemore: "Yes, as far as we know."
Commissioner McLeod: "Does Staff agree to that? City Manager agree to that?"
Mr. Grimms: "Yes."
Mr. Grindstaff: "And we just learned that, sir. Thank you very much."
Commissioner McLeod: "There is no intention then to go outside to extend the
boundaries beyond Wetland Park. I think that's the answer to the question."
Mr. Grindstaff: "Thank you very much, Commissioner. That is right. Are we talking
about more than the boundaries of the yet to be defined Wetland Park?"
Commissioner McLeod: "No."
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Mr. Grindstaff: "Okay. I think that what we're..."
Commissioner McLeod: "That's why we have twenty-three point - not three - acres."
Mr. Grindstaff: "That's very helpful."
Manager McLemore: "Well, certainly a problem - from the perspective of..."
Mr. Grindstaff: "What was that - what was that. . .?"
Commissioner Martinez: "The twenty-three point thirty-six (23.36), that's what we
needed. "
?: "Mr. Schrimsher..."
Mr. Grindstaff: "That's a building like - by the way."
Manager McLemore: "I think the issue becomes - what if you go into these areas that are
not in Wetland Park and you find an old Indian mound or something."
Commissioner McLeod: "That's a different story."
Mr. Grindstaff: "That's a different story. We're governed by lots of different
regulations there too. We understand it."
Manager McLemore: "As far as the wetlands issues, I think we've got them nailed and I
think we could agree to that."
Commissioner McLeod: "I think his question here is as I understood it Mayor, where is
this spring?"
Mr. Grindstaff: "Right. And where is the spring and how far is this conservation district
going to go?"
Commissioner McLeod: "To the spring."
Mr. Grindstaff: "To the - yet to be defined Wetland Park?"
Commissioner McLeod: "Conservation, I understand, to the spring is Wetland Park. Is
that correct?"
Manager McLemore: "Within Wetland Park..."
Mr. Grimms: "Yes."
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Manager McLemore: "Correct."
Mr. Grimms: "Yes. That is my understanding."
Mr. Grindstaff: "Thank you very much."
Mayor Partyka: "Okay. Good. Thank you very much. We have that clarified. Anyone
else, just in case? Okay. I'll close the Public Input portion of this. I'd be looking for a
Motion to adopt? The City Attorney has something to say first."
Commissioner Martinez: "Me too."
Mayor Partyka: "Okay."
Attorney Garganese: "Just one quick note. There are some references throughout the
Ordinance, of January lOth, 2000. That has to be changed to May 8th, 2000."
Mayor Partyka: "Say that again?"
Attorney Garganese: "There are several references in the Ordinance to January lOth,
2000."
Mayor Partyka: "Right."
Attorney Garganese: "Those have to be changed to May 8th..."
Mayor Partyka: ".. .May 8th..."
Attorney Garganese: ".. .2000."
Mayor Partyka: "Now, does that pose a problem?"
Attorney Garganese: "Not at all."
Mayor Partyka: "Okay. All right. Okay, Commissioner Martinez?"
Commissioner Martinez: "Well, based on my readings - this item including the
Attachment 'C,' we go back two years when we were discussing the 'Reserves,' and we
had a very heated debate and I requested then, that the City Code be amended as far as a
Hundred Year Floodplain Zone - was related and this Amendment or revision of the Code
were promised and because of - maybe this item, the Town Center and the Tuscawilla
Beautification District, and so on and so forth. This apparently went by the wayside, and
two years later I don't see a revised Code dealing with Hundred Year Floodplain Zone,
and its effect on the developing.
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Another issue is when the Parkstone project came up and we also had a very lengthy
discussion here. I brought people here from the St. John's Water Management District,
and I brought people here from the Orange County Commission staff - that related to us
that, we should be looking for every way possible to preserve Lake Jessup from
becoming infested with pollutants and the such, through run off water and etc., etc., etc.
And even St. John's Water Management told everyone here - the Staff and this
Commission that they could draft more restrictive laws covering Lake Jessup and its
shores, than they have. That was a fact.
And. we were also promised then, that we would begin something that would deal with
the shores of Lake Jessup along Winter Springs. That hasn't been forth coming. And I
see here, on the response from the City to the objections from DCA on the 'Comp Plan'
Amendments submitted to them, that they are saying here, that yes, this will be done; and
it has to do with the - policy three; policy one, and all of this deals with some of the
issues we've been talking about here tonight. It deals with preservation areas, it deals
with wetlands, it deals with Lake Jessup, and you are saying yes, we are going to do this,
and this is a fact.
Now I am asking Staff, who is here now, does this mean, 'cause I heard you say
something before - does this mean that you will be preparing something subsequent to the
approval of this 'Comp Plan' Amendment with 'DCA,' or does this mean that you have
something in place there that we have never seen?"
Mr. Grimms: "We'll develop something subsequent to..."
Commissioner Martinez: "... This approval?"
Mr. Grimms: "Subsequent to the approval. Yes."
Commissioner Martinez: "And if you don't? This approval will go back to first base?"
Mr. Grimms: "And if we don't, and we get the Grant monies? . . ."
Commissioner Martinez: "That's all I want to know, because I've been waiting for years
- and I still haven't..."
Mr. Grimms: "When this gets passed, we will be developing them."
Commissioner Martinez: "Okay. Thank you."
Mayor Partyka: "Okay, thank you. Commissioner Gennell?"
Deputy Mayor Gennell: "Yes, Mr. Mayor, is a Motion in order?"
Mayor Partyka: "Yes. City Manager, did you want to say something or not?"
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Manager McLemore: "Well, I think also we need to inform you that you have entered
into a contract for giving us authority to enter into a contract with a consultant who's
doing this right now."
Commissioner Martinez: "Okay."
Manager McLemore: "Now, anything specific to Town Center that is not in his current
contract, we would need to add to that, but that process is well on its way at this point in
time. "
Commissioner Martinez: "Thank you."
Mayor Partyka: "Yes, Deputy Mayor."
Deputy Mayor Gennell: "Mr. Mayor, I Move for approval of Ordinance 758."
Mayor Partyka: "Is there a second?"
Commissioner Miller: "I Second."
Mayor Partyka: "Any further discussion?"
Commissioner Blake: "Yes sir."
Mayor Partyka: "Commissioner..."
Commissioner Blake: "Is that amending all the dates that are discussed m the
Ordinance. . ."
Deputy Mayor Gennell: "...Yes."
Commissioner Blake: "... Through May 81\ 2000?"
Deputy Mayor Gennell: "Yes."
Commissioner Blake: "Thank you."
Mayor Partyka: "Okay. Call the VOTE please."
Ms. Andrea Lorenzo-Luaces, City Clerk: "DEPUTY MAYOR GENNELL?"
Deputy Mayor Gennell: "AYE."
City Clerk Lorenzo-Luaces: "COMMISSIONER MILLER?"
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Commissioner Miller: "AYE."
City Clerk Lorenzo-Luaces: "COMMISSIONER McLEOD?"
Commissioner McLeod: "AYE."
City Clerk Lorenzo-Luaces: "COMMISSIONER MARTINEZ?"
Commissioner Martinez: "I'D HAVE TO SAY AYE AFTER THE OFFER MADE
TO ME BEFORE. AYE."
City Clerk Lorenzo-Luaces: "COMMISSIONER BLAKE?"
Commissioner Blake: "AYE."
Mayor Partyka: "MOTION PASSES."
Mayor Partyka: "Okay. Thank you. Mr. Miller?"
Commissioner Miller: "A question. The City Manager brought up a point and I just want
to make sure I understood. Do we need to give the Staff guidance to include the issues
that Commissioner Martinez brought up, with regard to the issue he raised two years ago;
which I recall that coming up when we talked about Parkstone and the people being able
to put boat docks right down on the lake.
I think our intent at that point was to prevent that from happening or make it much more
restrictive in the future, so that if there are other areas of the lakefront that got developed,
you wouldn't have a boat dock every five feet or every twenty, every fifty or a hundred
feet into the water. The St. John's Management people did tell us that we could make it
more restrictive but not less restrictive and so, the question I have then is - this consultant
that was hired - is the City Manager referring that he needs our approval to address being
more restrictive - coming up with language which is more restrictive even though it
doesn't apply to the Town Center?"
Manager McLemore: "Well, my answer to that is, I think we've got it covered. We'll
review the scope of services with the contractor and if we think we need some additional
authority to broaden out that scope to do this, we'll come back to you."
Commissioner Miller: "All right. Fine."
Mayor Partyka: "All right. Okay. That Issue IS done. You had a question
Commissioner Gennell?"
Deputy Mayor Gennell: "Yes. Are we at the beginning now, of the Regular Agenda?"
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Mayor Partyka: "We are at the Regular Agenda now."
Deputy Mayor Gennell: "All right, then I'm. .."
Mayor Partyka: "We're going to start at 'B.'"
Deputy Mayor Gennell: "I'm going to suggest that we move forward, anything on this
Agenda, that has people in the audience, waiting to speak to address it."
Commissioner Martinez: "This is one of them."
Deputy Mayor Gennell: "Well, also the 'Add-On' is, and some other things that can be
brought forward."
Mayor Partyka: "We're going to do that. We're going to do the 'Add-On' first, because
of the people here from the Wyman Fields Foundation. Okay. Commissioner McLeod?"
Commissioner McLeod: "I know you want to go forward, Mayor, but I would just like to
flip back to Item 'D,' and I would like to make sure we have no misunderstanding, going
forward here."
Mayor Partyka: "Sure."
Commissioner McLeod: "On Item 'D'. I think it would be proper for the City under -
again to, (let me see what Attachment I am looking at). I am again looking at Attachment
'C,' and I am looking at the Planning and Zoning Boards' Minutes and responses with
this thing. And I am looking under the - on page two (2) of the response, under 'P' -
under Policy 3) - Objective C, at the bottom. I think it would be proper for this City
Manager to put in writing, the answers to the bottom paragraph of that page, entailing the
upper paragraph, that what's it's intent is - the Wetland Park area only, and let me read
into the record what this thing says.
It says, 'The proposal is to remove the area around the artesian springs and wetlands
related to Howell Creek from potential development and preserve these areas in their
natural state. The area encompassing the springs would be designated conservation. The
property owner has expressed an interest in developing the area for retail commercial
purposes.' The City desires to fmd some way to purchase these lands. That statement on
the end, I think, helps tie it to Wetland Park; but I think that we should precisely say that
at least the Schrimshers - that the intent of this is that, and that only. So that later, this
does not become an issue, when this Commission is not sitting here; this Mayor is not
sitting here; this City Manager is not sitting here."
Mayor Partyka: "Okay."
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Commissioner McLeod: "If that is the intent, understood by this Commission, then I
think it should go in writing, and be presented that way - so it's not a future issue."
Mayor Partyka: "Okay. That's a verbal - that verbalizes the intent. I mean - is that,
from a legal standpoint, is that a more appropriate, specific way of doing exactly what I
think we were talking about? It's puts some definition to it."
Attorney Garganese: "If that's the consensus of the Commission, then..."
Mayor Partyka: "Right, all I..."
Attorney Garganese: "... The legislative intent, I. . ."
Commissioner McLeod: "...What I'd like to..."
Attorney Garganese: "Ask Commissioner McLeod to state it - it should be - you may
want to put that in writing. Maybe have the minutes reflect that intent."
Mayor Partyka: "Okay."
Attorney Garganese: "So, there's a historical record."
Mayor Partyka: "Okay, Commissioners, do you agree with that position? Commissioner
Martinez."
Commissioner Martinez: "Don't forget that these things are mandated by the State; and
the Grant depends on whether we are able to sustain the State's position, as to
preservation areas and wetlands and so on and so forth."
Mayor Partyka: "Yes. But, I think the issue on this one is, to actually name it the
Wetland Park area, which is what we were talking - very specific. Is that correct
Commissioner McLeod?"
Commissioner McLeod: "No."
Commissioner Martinez: "That's not what he said."
Commissioner McLeod: "What this thing says - that it takes in. . ."
Tape 2/Side B
Commissioner Blake: ". . .Business thing.. .Howell Creek is a separate unrelated wet
area. . . "
Commissioner Martinez: "Yes."
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Commissioner Blake: ".. .Not relating to..."
Commissioner McLeod: "... In this - let me get back to. . ."
Mr. Grimms: "Other than the - Wetland Park - spring water does feed into..."
Commissioner McLeod: ".. .Part - the water does..."
Mr. Grimms: "The water does feed into..."
Commissioner McLeod: "It does feed into there, yes it does, it comes out of their
artesian... "
Mr. Grimms: ".. . Separately defined area..."
Commissioner McLeod: "Okay, which is fine. But, I think the intent here, by their
Attorney was if the water starts in the wetlands, flows across our property, into Howell
Creek, how much of this becomes preserved area by the City. Now, what I just heard,
now is a Commissioner said, 'Well, the State comes back and it goes right back to their
concern - the State comes back now and says, the water has to flow down through this
area, therefore it becomes a protected area; and I understand. . ."
Commissioner Blake: "... That where it..."
Commissioner McLeod: ". ..But, and that's all fine, and I understand we've already
designated part of that, but, again, this - ours needs to spell out, it is the 23 acres. We
just all sat here and agreed to that."
Manager McLemore: "Well, I think your dilemma is, that Howell Creek itself is already
a protected area."
Commissioner McLeod: "I have no problem with that. But, how does the water get from
the artesian wen, to Howell Creek? And does that whole area stretch, become a -
something later that we come back and say, wait a minute; the State in its findings, in
giving the Grant, we then must take this, and I think that is the concern of the
Schrimshers. Now, right now, we have it as a park area; that's a green park area, right -
cross over where that flow is, isn't that correct? And off the property, and I think we
should define ourselves to that as exactly what we are talking about. I mean that was part
of the reason they had no objection of us approving it. And, therefore, I think we should
say that's what it is. I don't think I'm having any problem with that."
If P k." M "
mayor arty a. ... ean. ..
Commissioner McLeod: "I would suggest this - that this portion of the minutes reflecting
this - they should be typed out."
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Mayor Partyka: "Specified."
Deputy Mayor Gennelt.. "Verbatim."
Mayor Partyka: "Okay, specified. All right, I think what were looking for is specifics,
versus what the intent is, but I mean, in writing - verbally, and in writing. So, again,
does that pose a problem, in terms of doing that, because, in fact, that's what we want.
All right, from this Commission, is that what everybody wants here? Commissioner
Miller? Commissioner Blake? Commissioner Martinez? Commissioner Gennell..."
Commissioner Martinez: "How did we go back to an Item that's already been voted
upon?"
Mayor Partyka: "Well, he just brought it up from a clarification standpoint. It's been
voted already, but, he's just taking it and trying to - for the sake of public fairness, and
make it clear, and you always have that right - to do what this Commission wants. All
right. Okay. Fine."
Attorney Garganese: "Let the record reflect it."
Mayor Partyka: "All right. Moving on.. . let's go to '1. '"
.:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS
WERE NEXT HEARD, AS DOCUMENTED. .:. .:.
VI. REGULAR
ADD-ON
I. City Manager
Requesting The Commission To Authorize The City Manager To Execute Second
Mortgage Closing Documents For Wyman Fields Foundation.
Manager McLemore stated, "We did provide in our contract with Wyman Fields, that we
reserve the right to require a second mortgage, as an instrument for securing the City's
investment; we are electing to do that. The documents have been prepared. We have a
tentatively scheduled closing of the second mortgage for Wednesday afternoon."
Ms. Candace Birle, of the Wyman Fields Foundation gave a short presentation on the
progress of this project. Discussion ensued on the related loans; acquisitions; progress of
the phases of construction; and color selections. Ms. Birle mentioned that they are
planning to ask the Commission (at a later date) to change "Kristi Ann Court" to
"Independence Way" and to also change "Rhoden Lane" to "Revere Run."
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Ms. Birle then spoke of some potential problems in such a redevelopment effort, and
asked that if any tenants call the City, to "Please give us the courtesy of calling us, or our
management company. We will take care of any tenants that are having any problems."
Manager McLemore spoke of the importance of this project, thanked the Commission for
their support and asked that they remain flexible through completion.
Mayor Partyka and members of the Commission also mentioned how well this project is
progressing, and how it will soon enhance this area of the City.
Mayor Partyka then stated, "I'm looking for a Motion here to authorize the City Manager
to execute the second mortgage."
"SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
Manager McLemore left the dais at 10:25 p.m.
VI. REGULAR
B. Community Development Department - Code Enforcement Division
Presents To The City Commission The Request Of Dr. M.F. Riddick To Park An
Oversized Recreational Vehicle At His Home Located At 1553 Winter Springs
Boulevard.
Dr. M.F. Riddick showed some photographs of his property to the Commission.
Manager McLemore returned to the dais at 10:27 p.m.
Discussion ensued on how the vehicle is for the most part, "invisible;" and how Code
Enforcement became involved.
"MR. MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE
THE GRANTING OF A WAIVER, FOR THIS RECREATIONAL VEHICLE."
MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER
MARTINEZ. DISCUSSION.
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Page 30 of 42
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
Dr. Riddick then asked, "As a procedural question, do I have to do this every year, or can
we do this, just by.. ."
Mayor Partyka, replied, "I think you could probably streamline it; so, you'll have to use
your discretion on that one."
.:..:. AGENDA NOTE: MANAGER McLEMORE ADVISED THE
COMMISSION THAT A GUEST WAS IN ATTENDANCE, FOR A SUBJECT
THAT HE WAS GOING TO BRING UP UNDER HIS SEAT, AND HE INQUIRED
AS TO WHETHER THIS TOPIC COULD BE DISCUSSED NOW. .:..:.
"MAYOR, I'D LIKE TO MAKE A MOTION TO AMEND THE AGENDA TO
HAVE AT THIS TIME, A SPECIAL ITEM BROUGHT UP BY THE CITY
MANAGER." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Commissioner Blake left the dais at 10:33 p.m.
Manager McLemore introduced this matter which related to Cahill Enterprises, and he
welcomed Ms. Sandy BirJing. Manager McLemore explained that, "We did agree some
time back, to annex 29 acres of property into the City, on the basis that that property
would be brought into the Town Center. We've been working with Sandy on
development of a plan for intensive residential development, consistent with the Town
Center rules and regulations."
Commissioner Blake returned to the dais at 10:34 p.m.
Manager McLemore inquired whether the Commission would "Find it in the best interest
of the City, to delay submission of your 'Comp Plan' Amendment, about four weeks,
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, Page 31 of 42
until we can get this process - this particular proposal, the Town Center zoning, attached
to the one that you've already approved, for submission to DCA." Discussion ensued on
the related time line; what readings would be required; why the Agenda was not
amended; if any penalties may apply; due dates; whether we received an approval for an
extension (in writing); the schedule; and what would normally be transmitted.
Further discussion on this planned project; the normal process of approval by the
Department of Community Affairs (DCA); zoning; the impact on various property
owners; and potential delays.
"KEEPING IN MIND THAT WE'RE COMMITTED TO THESE PROPERTY
OWNERS, THAT WE WOULD INCLUDE THEM IN THE TOWN CENTER,
AND THEY WERE ANXIOUS TO BE IN IT, AND WE HAVE STRUGGLED
WITH THIS FOR A LONG TIME NOW, I WOULD MOVE THAT WE DELAY
TRANSMITT AL OF THE EXISTING APPROVED 'COMP PLAN'
AMENDMENTS, LARGE SCALE 'COMP PLAN' AMENDMENT, FOR FOUR
TO SIX WEEKS UNTIL THIS PROPERTY OWNER - SANDY BIRLING, UNTIL
THEIR PROPERTY CAN BE PUT THROUGH THE PROCESS AND
PACKAGED FOR AN ATTACHMENT TO THE OTHER 'COMP PLAN'
AMENDMENT. THAT'S SUBJECT TO RECEIVING CONFIRMATION FROM
'DCA' THAT THIS WILL NOT CAUSE US ANY PENALTIES." MOTION BY
DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: NAY
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MILLER: AYE
MOTION CARRIED.
"I'LL MOVE TO EXTEND THE MEETING FOR AN HOUR." MOTION BY
DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
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.:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS
WERE NEXT DISCUSSED. .:. .:.
VI. REGULAR
C. General Services Department
Requests That The City Commission Select One Of Four Options To Improve The
Performance Of The "Request- To-Speak" System In The City Commission
Chambers.
There was brief discussion on the preferred option.
"I MOVE TO APPROVE RECOMMENDATION '3' ON ITEM 'C.'" MOTION
BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER
MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
D. General Services Department
Requests That The City Commission Select One Of Two Financial Advisory Firms
To Perform Services On An As-Needed Basis Related To Bond Floats And Debt
Issuance.
Discussion ensued on the two firms who had submitted proposals; the status of Jim Lentz
(Financial Advisor) and his current availability; along with the performance of Hanifen,
Imhoff, Inc.
Tape 3/Side A
"I'D JUST LIKE TO MAKE A MOTION THAT WE ACCEPT THE STAFF
RECOMMENDATION TO SELECT 'PUBLIC FINANCIAL MANAGEMENT,'
TO PERFORM SERVICES ON AN AS-NEEDED BASIS, RELATED TO BOND
FLOATS AND DEBT ISSUANCE." MOTION BY COMMISSIONER MARTINEZ
SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
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"MAYOR, I'D LIKE TO AMEND THE MOTION TO HANIFEN, IMHOFF, INC.
AND TO NEGOTIATE THE SAME RATE, AS RECEIVED FROM 'PFM,' AS
THE CITY'S NEW FINANCIAL ADVISOR." AMENDMENT TO THE MOTION
BY COMMISSIONER BLAKE.
MOTION DIED FOR LACK OF A SECOND.
VOTE: (ON THE MAIN MOTION)
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
E. City Manager
Requests The City Commission Considers The Preparation Of An Amendment To
The City Code To Provide That A Minor Change To PUD Documents Would Be
Submitted To The City Commission For Approval
REGARDING THIS ISSUE, COMMISSIONER MARTINEZ STATED, "I SPOKE
WITH THE CITY MANAGER EARLIER THIS EVENING, AND HE HAD NO
OBJECTION TO POSTPONING THIS ITEM UNTIL THE 24TH, BECAUSE I
WOULD LIKE THE CITY MANAGER TO INVITE MR. BILL FERNANDEZ TO
BE HERE, AND EXPLAIN CLEARLY, WHAT HIS INTENTION WAS WHEN
HE BROUGHT THIS ISSUE UP BEFORE THE PLANNING AND ZONING
BOARD, BECAUSE SOME OF THE THINGS I READ HERE, DO NOT
CONCUR WITH WHAT MY WISHES ARE." MOTION BY COMMISSIONER
MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
F. Public Works Department
Requests That The Commission Approve An Upgraded Traffic Signalization (Mast
Arm) Design For Use At The Intersections Of Winter Springs Boulevard And
Tuskawilla Road, and Trotwood Boulevard and Tuskawilla Road.
Mr. Lockcuff mentioned that "This Commission several weeks ago adopted an upgraded
mast arm for the intersection of 434 and 419," and he inquired if the City Commission
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Page 34 of 42
wanted to consider that for the two signals to be installed by the County, "As part of the
construction of Tuskawilla Road." Mr. Lockcuff suggested that the City would propose
to the County that this be funded through the one-cent sales tax. Brief discussion
followed.
"I MOVE THAT WE APPROVE THE UPGRADED TRAFFIC SIGNALIZATION
FOR THE INTERSECTION OF WINTER SPRINGS BOULEVARD AND
TUSKA WILLA ROAD; AND TROTWOOD BOULEVARD AND TUSCA WILLA
ROAD, CONTINGENT UPON THE USE OF THE CITY'S UNDESIGNA TED
PORTION OF THE ONE-CENT SALES TAX PROGRAM." MOTION BY
DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
G. City Clerk
Requesting The City Commission Consider Whether Partial Or Complete
Commission Meeting Agenda Packets Should Be Given, Without Charge, To
Upcoming Election Candidates, Upon Request.
Brief discussion ensued on whether Agenda Packets should be provided (at no charge);
and whether Agenda Packets be provided (at no charge) during the Election "Qualifying"
period.
DEPUTY MAYOR GENNELL STATED, "MY DIRECTION ON THAT, IN THE
FORM OF A MOTION IS, NO - THAT WE SHOULD NOT MAKE AGENDA
PACKETS A V AILABLE, WITHOUT CHARGE, TO ANYBODY. AND
SECONDLY, I DON'T KNOW THAT IF THERE WERE - SAY A DOZEN,
THAT'S REASONABLE, YOU COULD HAVE A DOZEN CANDIDATES FOR
THE THREE SEATS THAT ARE UP, THAT WE ALREADY ASK
DEVELOPERS TO BRING IN TEN OR FIFfEEN COPIES OF BLUEPRINTS
AND EVERYTHING - TO ASK THEM TO BRING IN THOSE KIND OF
COPIES, FOR SOMETHING THAT IS ALREADY AVAILABLE IN THE
LOBBY FOR EVERYONE TO LOOK AT, ALL YEAR 'ROUND, FOR EVERY
MEETING - I THINK IS SUFFICIENT.
AND I WOULD SAY THAT THE PACKETS ARE A V AILABLE TO
CANDIDATES, ON THE SAME BASIS THEY'RE AVAILABLE TO ANY
OTHER MEMBER OF THE PUBLIC, AND I SAY THAT WITHOUT ANY
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MALICE. IT'S JUST THE WAY IT HAS AL WAYS BEEN DONE. NOBODY
HAS EVER SUFFERED FROM IT. YOU CAN OBTAIN ANY INFORMATION
YOU NEED FROM THE CITY, AND THE INFORMATION IS AVAILABLE,
THERE AND NOW, AND IT WILL BE AVAILABLE ON THE WEBSITE, AND
EVERYTHING ELSE. SO, I JUST DON'T SEE GOING TO THIS STAGE.
I'M GOING TO MAKE A MOTION THAT WE DO NOT CONSIDER - I MOVE
THAT WE DO NOT CONSIDER ITEM 'G.' MOTION BY DEPUTY MAYOR
GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. IT
WAS CLARIFIED THAT "AYE IS TO DENY IT."
VOTE:
COMMISSIONER McLEOD: NAY
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: NAY
MOTION CARRIED.
Mayor Partyka called a break at 11:20 p.m.
The Meeting was called back to order at 11:30 p. m.
Discussion ensued on whether a time restriction on further discussion was required.
Deputy Mayor Gennell stated, "I had a Motion earlier to extend for an hour, so we need
to do another Motion..." Commissioner Martinez added, "We've still got a half hour..."
Commissioner Miller added, "Can we do it right now, just make it - 12:30 p.m." Deputy
Mayor Gennell also said, "12:30 p.m." Mayor Partyka said, "I think consensus would be
okay at this point. All right." Brief discussion followed. Mayor Partyka then confirmed,
"All right, one hour."
.:..:. AGENDA NOTE: REGULAR AGENDA ITEM "A" WAS AGAIN
DISCUSSED WITH THE COMMISSION. .:..:.
Discussion followed regarding the map had always been for "illustrative purposes" only;
the acreage of Park #8; and whether that number would change. Discussion ensued on
possibly "redesigning Magnolia Square;" the survey; the size of Wetlands Park and
Magnolia Park; aesthetics; expenditures spent and related acreages; and the surveyed
alignment.
Commissioner Martinez left the dais at 11 :49 p.m.
The size of Park #8 was further discussed, along with the designated trail entrance; and
Magnolia Park. .
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Commissioner Martinez returned to the dais at 11:51 p.m.
Further discussion ensued on park acreage; obtaining other opinions; the concern of the
Commission with giving up some of Wetland Park; uplands; Magnolia Park; possible
reductions involving primarily, "uplands;" whether the road can be adjusted any further;
making a deal; the discrepancy in property amounts; what an acre of land might be worth;
and that the Commission was not in favor of giving away tax payer money. Discussion
followed on possibly modifying the configuration of the .79 acres; and resolving the issue
that Edge Drive is located on State property;" that Magnolia Park remain at .79 acres;
Spine Road; and that the survey should be available tomorrow.
Tape 3/Side B
The discrepancy with Item "K" (on page 3 of 22) was then discussed; along with
reconfiguring Magnolia Square; the location of Spine Road; and the preference to not
give up "The wetlands, on the east side." Further negotiations continued.
Commissioner Miller left the dais at 12:24 a.m.
Commissioner McLeod said to Mr. Schrimsher, "We're willing to give some of this up in
here Mr. Schrimsher, to bring this road around, bring it closer to - whether it be 21, 22
acres. Are you willing to give up that little sliver of that parcel to make sure Edge Drive
falls down through there, toward Magnolia Park - so that does not become an issue to the
City, nor anybody else later?" Commissioner McLeod further added, "I think that Edge
Drive is a real issue of being able to set that road on the state right-of-way, and I think
that becomes a real issue for the City and 1'd be willing to do some moving of Wetland
Park, Magnolia Park - to make sure that we have Edge Drive."
Commissioner Miller returned to the dais at 12:29 a.m.
COMMISSIONER MARTINEZ STATED, "POINT OF ORDER. POINT OF
ORDER. MOTION TO ADJOURN." MOTION BY COMMISSIONER
MARTINEZ.
MOTION DIED FOR LACK OF A SECOND.
"MOTION TO EXTEND FOR THIRTY MINUTES." MOTION BY DEPUTY
MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
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Page 37 of 42
VOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Manager McLemore stated, "The purpose of Magnolia Park is going to be substantially
reduced, if it does not have 'traffic circulation.'" Discussion.
Commissioner McLeod suggested to Manager McLemore, that if this matter is not
resolved this evening, then in a future packet, provide the Commission with "The sheets
that spell out the dollars and cents for these properties, because that is part of the cost that
we have gone through for this infrastructure - of negotiations," as 'dollars and cents'
were attached to various acreages. Commissioner McLeod added, "I just want to see
what those numbers are - we gave that up for the structure, and that was part of the deal,
and I think we need to take a look at that."
Deputy Mayor Gennell suggested using the real estate terminology of "more or less;" and
said, "Why don't you just insert in there, that you will convey the Wetland Park - 26
point, whatever it is, 'more or less.'" Discussion ensued on flexibility; and using "more
or less," as an alternative to "approximate;" and to possibly "define" it (in terms of a
percentage). Commissioner McLeod suggested using three percent (3%) or four (4%)
percent.
Members of the Commission, Manager McLemore, and Mr. Grindstaff further discussed
the location of Edge Drive, and where the negotiations have stalled. Deputy Mayor
Gennell asked Mr. Grindstaff about their concerns, and Mr. Grindstaff stated, "We have a
problem with the acreage calculations, in light of the mistake pertaining to Edge Drive,
and that portion of the Trail."
Attorney Garganese left the dais at 12:57 a.m.
Manager McLemore recommended that further negotiations be made with Staff.
Attorney Garganese returned to the dais at 12:58 p.m.
DEPUTY MAYOR GENNELL STATED, "I MAKE A MOTION THAT..."
Discussion.
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Page 38 of 42
COMMISSIONER MARTINEZ STATED, "MAYOR, POINT OF ORDER. I
DON'T THINK WE CAN CONTINUE THIS UNTIL 3:30, BACK AND
FORTH..." COMMISSIONER MARTINEZ THEN SAID, "IT'S TIME TO
ADJOURN, THE TIME HAS EXPIRED."
MAYOR PARTYKA STATED, "IS THERE A MOTION TO ADJOURN?"
COMMISSIONER MARTINEZ STATED, "YES, THAT IS WHAT I SAID."
COMMISSIONER McLEOD STATED, "MOTION TO EXTEND." MOTION BY
COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL.
DISCUSSION.
MAYOR PARTYKA CLARIFIED, "SO, THERE IS A MOTION TO ADJOURN.
IS THERE A SECOND TO THAT?"
MOTION DIED FOR LACK OF A SECOND.
MAYOR PARTYKA THEN STATED, "IS THERE A MOTION TO EXTEND?"
"YES - FOR A HALF HOUR." MOTION BY COMMISSIONER McLEOD.
SECONDED BY DEPUTY MAYOR GENNELL. COMMISSIONER MILLER.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Commissioner Martinez departed at 1:04 a.m.
"I MOVE THAT WE INSTRUCT THE STAFF TO BRING IT BACK TO US IN
ITS FINAL FORM, IN TWO WEEKS, EXPLORING ALL THE ISSUES, AND
THE REPRESENTATIONS THAT HAVE BEEN MADE HERE TONIGHT."
MOTION BY DEPUTY MAYOR GENNELL.
MOTION DIED FOR LACK OF A SECOND.
"MAYOR, I WOULD LIKE TO MAKE A MOTION TO FIX THE SCHRIMSHER
GROUPS' LAND DONATION FOR MAGNOLIA PARK AT NOT LESS THAN
.79 ACRES, AND TO FIX THE DONATION OF THE AREA OF WETLAND
PARK, FROM THE SCHRIMSHER ORGANIZATION TO THE CITY AT 23.36
ACRES, MORE OR LESS, WITH A MAXIMUM VARIANCE OF FOUR
PERCENT (4%); AND TO INSTRUCT THE CITY MANAGER TO MEET WITH
THE SCHRIMSHER'S AND THE CITY'S CONSULTANT, TO SUGGEST
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Page 39 of 42
METHODS TO ACCOMPLISH THE SIZE ADJUSTMENT OF MAGNOLIA
PARK.
FURTHER, AS PART OF THE AGREEMENT, THE CITY AGREES TO ASSIST
IN EVERY WAY POSSIBLE - WITH THE ATTAINING OF PERMISSION
FROM THE STATE FOR THE APPROPRIATE 'USAGE OF THE TRAIL
PROPERTY, THAT CURRENTLY HAS EDGE DRIVE DRAWN ON IT - THAT
IS DUE SOUTH OF MAGNOLIA PARK." MOTION BY COMMISSIONER
BLAKE.
COMMISSIONER BLAKE STATED, "FOR CLARIFICATION, AND ALL I AM
SUGGESTING IS THAT - I THINK WE AT THE CITY UNDERSTAND THAT
WE NEED TO HAVE SOME SORT OF CIRCULATION ELEMENT, THAT IS
ON THE WESTERN BOUNDARY OF WETLAND PARK, SOUTH OF
MAGNOLIA PARK, AND I THINK THAT WE AT THE CITY UNDERSTAND
THAT CURRENTLY, THE ROAD - EDGE ROAD THAT IS DRAWN IN THE
AREA WHERE THE TRAIL RIGHT-OF-WAY CURRENTLY EXISTS. AND,
WE ALSO UNDERSTAND THAT THE STATE DOES NOT ALLOW ROADS TO
BE PLACED ON PROPERTY, SUCH AS THAT.
I AM SUGGESTING THAT WE AT THE CITY WOULD ASSIST THE
SCHRIMSHER ORGANIZATION, TO THE GREATEST EXTENT POSSIBLE,
IN GETTING PERMISSION FROM THE STATE, WHICHEVER BODY IT MAY
BE, IN ORDER TO GET PERMISSION TO HAVE A ROADWAY, AS IS
CURRENTLY DRAWN ON THAT PROPERTY."
MAYOR PARTYKA ASKED ATTORNEY GARGANESE TO "FRAME THIS
MOTION, IN A SIMPLER WAY."
ATTORNEY GARGANESE STATED "THAT BASICALLY THERE ARE FOUR
COMPONENTS TO THE MOTION - MAGNOLIA PARK, NOT LESS THAN .79
ACRES; WETLAND PARK, 23.36 ACRES, MORE OR LESS, WITH A FOUR
PERCENT MAXIMUM VARIANCE; THE CITY MANAGER TO MEET WITH
SCHRIMSHER AND CONSULTANT TORECONFIGURE MAGNOLIA PARK;
AND, ASSIST THE SCHRIMSHER ORGANIZATION TO THE GREATEST
EXTENT POSSIBLE TO HAVE EDGE DRIVE BUILT ON - THE FORMER CSX
RAILROAD - THE EASEMENT - RIGHT-OF-WAY SOUTH OF MAGNOLIA
PARK, AND EAST OF THE PAVED PORTION OF THE TRAIL."
DEPUTY MAYOR GENNELL ASKED, "DOES YOUR MOTION INCLUDE
BRINGING IT BACK IN ITS FINAL FORM, IN TWO WEEKS?"
COMMISSIONER BLAKE REPLIED, "I DIDN'T SPECIFICALLY SAY THAT-
BUT, THAT'S UNDERSTOOD. THEY HAVE TO BRING THE AGREEMENT
BACK TO US, FOR APPROVAL."
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SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
DEPUTY MAYOR GENNELL STATED, "I'LL MAKE AN AMENDMENT,
THAT WE INCLUDE OTHER ISSUES IN THIS MOTION. THAT'S MY
MOTION." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY
COMMISSIONER McLEOD. DISCUSSION.
Manager McLemore said, "I think what we need is some indication from Schrimsher that
- on IV d) - the language, the issue that we brought up and the language that we'd offer,
relative to the mainstream. We have a problem with that suggested language."
Manager McLemore added "We would make a good faith effort to get it done in two
years." Mr. Grindstaff stated, "Diligently." Discussion.
Mayor Partyka stated, "From a legal standpoint, Mr. Garganese, any problem with this
suggestion - keeping the Agricultural classification?" Attorney Garganese stated, "No,
as long as it is clear that they are going to be winding down the Agricultural use of the
property."
Deputy Mayor Gennell then stated, "Mr. Mayor, I'll include that as an Amendment - that
the City will not oppose the Agricultural designation."
Tape 4/Side A
Manager McLemore then said, "And the other one is we need to work out some
language, and you agreed to us working out the language that solves the problem we
raised relative to Park #5. Mr. Grindstaff said, "Oh - you're talking about the
roadways?" Manager McLemore then said, "They can't be construed that those road
ways are reducing the acreage of Park #5." Discussion. Mr. Grindstaff suggested, "As
we're working with Victor, on Magnolia Park, let's find out if that's got a little road on
the North side of it - and West side of it."
Mr. Grindstaff added, "Because if it doesn't, this drawing - Exhibit 'A' is inconsistent
with page 17; and then stated, "We acknowledge that no part of the blue street, or the
pink trail is intended to be included in #4 or #5 acreage calculations; but if there is one of
those little perimeter roads, around #5, as there is around #4 - should have been
included."
Mayor Partyka stated, "Commissioner, are you willing to add that to the Amendment?"
Deputy Mayor Gennell stated, "Yes. Yes."
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MAYOR PARTYKA THEN STATED, "THERE IS AN AMENDMENT WITH
THE KEY POINTS ON THE AMENDMENT. THAT IS AS COMMISSIONER
GENNELL STATED." SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
VOTE: (ON THE AMENDMENT)
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
VOTE: (ON THE MAIN MOTION)
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA
ITEM WAS NEXT BRIEFLY DISCUSSED. .:. .:.
V. PUBLIC HEARINGS
A. Community Development Department
Requests The Commission Consider A Fourth Reading Of Ordinance 707 Adopting
The Proposed Town Center District Boundary And Town Center District Code.
"MAYOR, I WOULD LIKE TO MAKE A MOTION TO POSTPONE PUBLIC
HEARINGS ITEM 'A' ON THE TOWN CENTER CODE UNTIL THE NEXT
MEETING - ON MAY 22, 2000, 6:30 P.M." MOTION BY COMMISSIONER
BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
VIII. ADJOURNMENT
Mayor Partyka adjourned the meeting at 1 :25 a.m.
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.:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED
DURING THE REGULAR MEETING OF MAY 8, 2000. .:..:.
VII. REPORTS
A. City Attorney - Anthony A. Garganese, Esquire
B. City Manager - Ronald W. McLemore
C. City Clerk - Andrea Lorenzo-Luaces
D. Commission Seat III - Edward Martinez, Jr.
E. Commission Seat IV - Cindy Gennell
F. Commission Seat V - David W. McLeod
G. Commission Seat I - Robert S. Miller
H. Commission Seat II - Michael S. Blake
I. Office of the Mayor - Paul P. Partyka
Respectfully Submitted By: Andrea Lorenzo-Luaces
City Clerk
Debbie Gillespie
City Clerk's Office
APPROVED:
PAULP. PARTYKA, MAYOR
NOTE: These minutes were approved at the
. 2000 City Commission Meeting.