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HomeMy WebLinkAbout_2001 07 23 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JULY 23,2001 I. CALL TO ORDER The Regular Meeting of Monday, July 23, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:34 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 David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:37 p.m. The Commission discussed proposed changes to tonight's Agenda. Mr. Anthony A. Garganese, City Attorney arrived at 6:37 p.m. Mayor Partyka presented several Proclamations to Mr. Chuck Pula, Parks and Recreation Department Director. The Proclamations will be forwarded to a number of athletic organizations that work with the City of Winter Springs. Mayor Partyka honored Districting Commission Members Mr. Byron Giltz, and Mr. Vernon Rozelle with Resolutions for their service to the City of Winter Springs. II. PUBLIC INPUT Ms. Diane Walters, 1106 Northern Way, Winter Springs, Florida: requested financial support from the Commission to acquire orchestral accompaniment for Winter Springs High School drama productions. Ms. Walters stated, "Weare optimistic about getting a Grant from Target, and have received a commitment of - $1,000.00 from Casselberry's Publix, and will be applying for a larger Grant from the corporate office. Now we are asking for your support - if you could match the combined Grants that Target and Publix give us, that would put us very close to our goal." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 2 OF 29 Commissioner Edward Martinez, Jr. said, "I suggest that we find a way to assist the school in reaching their goal, whichever way that may be." Mayor Partyka thanked Ms. Walters for her comments, and said, "We'll bring this up - with the City Manager ,md see what the City Commission wants to do." Mr. Al Rocco, 953 Glen Abbey Circle, Winter Springs, Florida: advised the Commission that "To the immediate rear of my property is an excavation ditch, for want of a. better term. That ditch runs parallel to approximately twelve (12) to fifteen (15) houses." Mr. Rocco spoke of this area being very flooded and is concerned with snakes and mosquitoes. Mr. Rocco felt that some ofthe problems were a result of a "dam" and pipes on a property which is about ten (to) to twelve (12) houses south of his property; that he has witnessed the contractor throwing debris into a nearby area; and Florida Power was using an easement to replace utility poles. Mayor Partyka asked City Manager, Ronald W. McLemore, "Is there anything that we can do from a City standpoint, in terms of checking things out?" Manager McLemore stated, "I noticed that Kip [Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director] was taking very good notes and we'll go out and look at it and sum up what we can do." Commissioner Martinez suggested that "Public Works go over there and take a look and come back to the City Manager, and then we can tell Mr. Rocco if the City can do something for him, or if it's a Homeowner's Association's duty to take care of it, or whose responsibility will it be; but the condition has to be corrected." Manager McLemore added, "We'll be there tomorrow." Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: commented on the City Manager editorializing portions of the City's newsletter; and asked about the status of the Parker property acquisition, Discussion. Commissioner Michael S. Blake asked Attorney Garganese, "Is there some sort of rule, law, statute or anything outstanding that requires the Board to not utilize tax payer dollars to take an advocacy position on the question that is coming up or are we allowed to do that?" Attorney Garganese responded, "As the City Manager said, I recall there is case law regarding this issue and my recollection is the case held that the City Commission does have the authority to state a position on a referendum question - regarding managing of public policy. I'd be ha.ppy to pull that case for you and provide it to each Commissioner after this Meeting." Commissioner Blake said, "I'd appreciate it if you could do that." Further discussion with Members of the Commission and Ms. Schwartz. Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: said that he had not received an answer from the last Meeting on the Winding Hollow light issue and asked if the delay involved another light location. Mr. Lockcuff explained the timeline. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 3 OF 29 Deputy Mayor David W. McLeod discussed crossarms with Mr. Lockcuff. Discussion ensued on County and FDOT standards. Deputy Mayor McLeod advised Mr. McCoy, "No, they were not taken to 419 because I'm doing the project at 419. No, I'm trying to figure out where mine are also. I haven't even addressed that with them yet." Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: representing the Beautification of Winter Springs Board, Mr. Grogan asked if signs stating that the City of Winter Springs was a "Bird Sanctuary" could be put up, in coordination with the "Tree City USA" sign. Commissioner Blake inquired about potential legal issues if this was done. Mr. Grogan explained the current designation of ''No Hunting" signs rather than "Bird Sanctuary" signs. Commissioner Blake stated, "I would like to see your Board do something on that and bring it back to us." Mr. Albert Murro, 632 Cheoy Lee Circle, Winter Springs, Florida: on behalf of the Oak Forest Homeowners Association, Mr. Murro made "A formal request to the City to aid Oak Forest in trying to find out, which, if any common areas have been deeded to the Association." Manager McLemore clarified, "You don't mean, by the City, you mean when it was originally organized." Mr. Murro agreed. Mayor Partyka said, "We'll have the City Manager look into that." Manager McLemore said, "We can use what we have on records, plats, and that type of thing, but to really get down to the bottom of it, you have to have a title search done, but we can certainly let you know what we know, from what records we have." Commissioner Blake spoke about the Property Appraiser's office and their coding system, and advised Mr. Murro, "Give me a call this week, I might know somebody up there that I can put you in touch with." Mr. Murro also inquired about the turn signal on Trotwood. Mr. Lockcuff answered Mr. Murro's question. Tape I/Side B Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: advised the Commission that she has found out that "All bites and any problems involving animals - must be reported to Seminole County directly." Ms. Krebs asked the Commission for communication with citizens regarding proper procedures, and suggested that Ordi.nances "Empower the Police Department with a way to enforce all the violators." Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: spoke in favor of pet restrictions and having an Ordinance include enforcement. Ms. Bosse also spoke of a problem with a neighbor who is harassing her with signs. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 4 OF 29 Commissioner Robert S. Miller asked Attorney Garganese, "Were you going to look into that issue of signs in residential areas, such as this lady, Ms. Bosse is dealing with, or was that negated by the Freedom of Speech clause which you had mentioned at one point?" Attorney Garganese replied, "I don't believe there's much the City can do, with respect to that. " Commissioner Miller then spoke of garage sale signs. Attorney Garganese then said, "There are limitations. I can go back and further look at the sign issue, in the back yard, however, first of all there needs to be some substantial governmental interest to regulate signs, if the signs are not viewable from a public right of way, and they can only be viewed by the neighbor. I think it becomes more difficult for the City to regulate ~:igns in those situations." Commissioner Miller asked Ms. Bosse if the signs were visible to other neighbors. Ms. Bosse said that they were and Commissioner Miller said, "I think you need to look into that then, because this is a community type issue; and if we can prescribe the number of signs for a garage sale and all the other sites that we have on our Ordinance, I think we should be able to do something about this. I'd like to see this come back at the next Meeting with ways that this can be addressed." Discussion ensued on fences and height limitations. Commissioner Miller then said, "I think you should look into this, because the point is well taken. If the sign is on the lawn, it's on her private property. If it's on a hundred-foot pole..." Attorney Garganese then discussed height limitations and engineering standards and said, "I will look further into the issue." Commissioner Martinez said to Manager McLemore, "Code Enforcement has informed me that this sign situation has been taken care of, and they weren't being put up any longer when I talked to them, a week or so ago. And I would like - to suggest to you that maybe you can have Code Enforcement go right there, just pass by there every now and then, between now and the next meeting and come back and inform us if those signs are there, and how many - and then we can make a better judgement." Further discussion. Mayor Partyka asked Ms. Bosse, "Is there an inkling of a possibility that if you two sat down, voiced it and had a third person right there - I'd be happy to volunteer. Can you potentially work this out?" Deputy Mayor McLeod asked Attorney Garganese if this might cause a liability problem for the City. Attorney Garganese responded, "The Mayor would not be able to bind the City in any way or fashion." Mr. Roger Cooper, 313 Twelve Oaks Drive, Winter Springs, Florida: did not address the Commission, but forwarded a petition of residents who were opposed to a proposed Respite Center to be constructed within the City limits. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke about letters written against Commissioner Martinez and stated that the "Tuscawilla Telephone Directory for year 2001 is dedicated in your honor." Mr. Khemlani further spok1e about the City's improved government. Commissioner Martinez thanked Mr. Khemlani. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 5 OF 29 Mr. Lawrence Walters, 455 Douglas Avenue, Suite 2155-31, Altamonte Springs, Florida: spoke on behalf of the Sandra Rawlins case and her efforts to protect ,mimals. Discussion. Mr. Marshall "Smokey" Allen, 1065 Winter Springs Boulevard, Winter Springs, Florida: advised the Commission that he had given a printout to the Oak Forest Homeowners Association regarding all properties in Oak Forest. Mr. Allen added, "The Homeowners Association owns zilch, zero, nothing." Mr. Allen further suggested that this information could be researched at the Web site "pascfl.org." III. CONSENT CONSENT A. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreational Program Agreement With The Winter Springs Little League. CONSENT B. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Grizzlies (Football). CONSENT C. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Soccer Club. CONSENT D. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Futball Club, Inc., An Affiliate Of Central Florida United Soccer Club. CONSENT E. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execlllte The City Of Winter Springs Recreation Program Agreement With The Winter Springs Basketball League. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 6 OF 29 CONSENT F. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With FC America, Inc. CONSENT G. Office Of The Mayor Resolution Number 2001-31 A Resolution Of The City Of Winter Springs, Fllorida, Expressing Appreciation To Mr. Paul Finnegan For His Service On The Code Enforcement Board. Consent Agenda Items "A" through "G" were discussed simultaneously with Mr. Chuck Pula, Parks and Recreation Department Director and Mr. Chris Caldwell, Parks and Recreation Program Supervisor. Discussion ensued on the $5.00 fees, and profits. Commissioner Martinez inquired, "Are there any Winter Springs youth excluded from these programs, at the expense of the outside kids that are coming into the program?" Manager McLemore said, "Could I say that in a different way. Are these programs going to have a result that it would keep our own kids from participating in recreation?" Mr. Caldwell responded, "No, Sir." Mr. Caldwell further stated that "No Winter Springs resident is going to be excluded from our programs." Commissioner Martinez sta.ted, "I would like the record to be very clear on the fact that we are not excluding a single: youth from Winter Springs that wants to participate in one of these programs, since their parents are the ones that are paying the bill," CONSENT H. Finance Department Requesting The Commission Approve Resolution No. 2001-32 To Proceed With The Non-Advalorem Tax Asessment For Streetlighting Within The Country Club Village Subdivision. CONSENT I. Office Of The City Clerk Approval Of The Minutes Of The July 2, 2001 Special City Commission Meeting. CONSENT J. Parks And Recreation Department Requesting The City Commission Approve A Supplemental Appropriation Of $5,175.00 To Replace An Air Conditioner Unit On The Civic Center. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 7 OF 29 CONSENT K. Office Of The City Clerk Approval Of The Minutes Of The July 9, 2001 Regular City Commission Meding. .:..:. AGENDA NOTE: REGULAR AGENDA ITEM "D" WAS DISCUSSED NEXT, AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR D. Office Of The City Manager Requesting The Commission To Receive A Report From The City's Financial Advisor Related To The Results Of The Issuance Of Series 2001 Water And Sewer Refunding Bonds. Mr. David Moore, the City's Financial Consultant addressed the Commission on this Agenda Item and handed out a Report. Mayor Partyka stated, "Nothing is required of this Commission other than we accept the Report." Commissioner Miller congratulated Manager McLemore and Mr. Moore for their efforts. .:..:. AGENDA NOTE: THE COMMISSION RETURNED TO THEIR DISCUSSION ON THE CONSENT AGENDA. THE DISCUSSION SHOVVN ON THE INDIVIDUAL CONSENT AGENDA ITEMS IS NOT NECESSARILY IN THE ORDER AS DISCUSSED. .:. .:. III. CONSENT CONSENT A. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreational Program Agreement With The Winter Springs Little League. CONSENT B. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Grizzlies (Football). Commissioner Miller was concerned with safety issues and inquired about severa:! games ending at the same time, and what would happen if a couple of hundred cars were trying to get out of the Industrial Park Road at the same time. Commissioner Miller then CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 8 OF 29 inquired if the funds could provide for a Police Officer to assist with potential traffic problems. Mr. Caldwell advised the Commission that they had drawn up traffic flow patterns and parking plans in preparation for such events. Commissioner Miller then said, "I would just like you to bring it up with them, because they may need to have - the Police there." Commissioner Miller also stated that in paragraph 7.0, where it states "The perc pond on Shepard Road." Commissioner Miller stated, "I thought we had an agreement where that was not going to be conceivably pressed into service again, and yet I notice here it says, 'The Grizzlies shall offer the Programs at the Winter Springs Football Stadium, the perc pond on Shepard Road. ..' I would like to see Shepard Road stricken from that paragraph permanently." Manager McLemore agreed with this. Mr. Caldwell commented that that was an oversight on their part and that the wording would be stricken. CONSENT C. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Soccer Club. CONSENT D. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Futball Club, Inc., An Affiliate Of Central Florida United Soccer Club. CONSENT E. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execlllte The City Of Winter Springs Recreation Program Agreement With The Winter Springs Basketball League. CONSENT F. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With FC America, Inc. Tape 2/Side A Discussion. Commissioner Blake asked, "Do we still have some remaining groups out there that are part ofthe City that do not have access to our facilities, because they are not part of these agreements?" Mr. Caldwell responded. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 9 OF 29 CONSENT G. Office Of The Mayor Resolution Number 2001-31 A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Mr. Paul Finnegan For His Service On The Code Enforcement Board. CONSENT H. Finance Department Requesting The Commission Approve Resolution No. 2001-32 To Proceed Wilth The Non-Advalorem Tax Asessment For Streetlighting Within The Country Club Village Subdivision. Discussion. Commissioner Blake said, "Ron, the question is on the administration fees. I thought we had this discussion before. It looks like that number has cropped up again as a percentage, as opposed to something that actually mirrors actual costs more closely." Manager McLemore said that "I would have to go back and review what the direction of the Commission was." Commissioner Blake asked Attorney Garganese if there were any statutory percentages. Commissioner Blake voiced his concern with going any further with this as presented. Manager McLemore stated, "My recommendation would be for you to authorize the Staff to go back and recalculate the numbers, not to exceed ten percent (10%) of the total and then report back to you as to what we did." Commissioner Blake stated, "Mayor, I would like to have Item 'H' pulled from the Consent Agenda, so we can vote on it separately." Mayor Partyka stated, "Okay. Very good. " CONSENT I. Office Of The City Clerk Approval Of The Minutes Of The July 2, 2001 Special City Commission Meeting. CONSENT J. Parks And Recreation Department Requesting The City Commission Approve A Supplemental Appropriation Of $5,175.00 To Replace An Air Conditioner Unit On The Civic Center. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 10 OF 29 CONSENT K. Office Of The City Clerk Approval Of The Minutes Of The July 9, 2001 Regular City Commission Meeting. Commissioner Miller asked about Ms. Krebs' request for two (2) alternate positions on the Code Enforcement Board and asked Attorney Garganese, "Are we pursuing that as an Item to be brought back, as an Information Item as to whether that is a good idea or not? I would like to see it pursued. What are we doing on it?" Mayor Partyka said, Mr. Garganese is going to pursue the legal aspects and when he was ready, he was supposed to bring it back." "MOTION TO APPROVE CONSENT AGENDA, EXCLUDING ITEM 'H.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE COMMISSION THEN VOTED ON CONSENT AGENDA ITEM "H". .:..:. CONSENT H. Finance Department Requesting The Commission Approve Resolution No. 2001-32 To Proceed With The Non-Advalorem Tax Asessment For Streetlighting Within The Country Club Village Subdivision. "MAYOR, I WOULD LIKE TO MAKE A MOTION TO APPROVE RESOLUTION 2001-32 AND AUTHORIZE THE CITY MANAGER TO INSERT INTO THAT RESOLUTION A CORRECTED NUMBER, NOT TO EXCEED TEN PERCENT (10%) OF THE TOTAL FUNDS EXPENDED BY THE CITY AS ADMINISTRATION FEES OR LOWER AS IT WOULD BE REPRESENTED BY ACTUAL COSTS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE II OF29 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese suggested, "Mayor, before the Resolution gets published we should go ahead and put that number in." Manager McLemore agreed and said, "We'll try to do it tomorrow, and maybe we can advise you tomorrow night." IV. INFORMATIONAL INFORMATIONAL A. Parks And Recreation Department Notifying The City Commission Of The Status Of The Florida Recreational Development Assistance Program Grants Regarding Torcaso Park And SUlnshine Park. "MOTION TO APPROVE INFORMATIONAL AGENDA 'A.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. Commissioner Blake stated, "I've had a request from our State Representative David Mealor, and I believe one of our State Senators, Lee Constantine also would like to be involved. When these checks actually come in, they would like to personally come and make a presentation to us." VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka called a break at 8:26 p.m. The Meeting was called back to order at 8:33 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 12 OF 29 .:..:. AGENDA NOTE: THE COMMISSION THEN DISCUSSED REGULAR AGENDA ITEM "B" AND REGULAR AGENDA ITEM 'G,' IN THAT ORDER. .:. .:. VI. REGULAR REGULAR B. Utility/Public Works Department Requesting Authorization For The City Manager To Execute A Purchase And Sale Agreement For The Acquisition Of Approximately 8.7 Acres Platted As The Hartman Industrial Park From James D. And Martha R. Hartman. Manager McLemore advised the Commission that the following two (2) Agenda. Items are related in one important way, and that is, "They share a common border and the combined buildable acreage of these two (2) properties is approximately 8.7 acres from a total gross acreage of 16.4 acres combined and in our analysis of future land areas that could be used by the City for our Public Works type operations. If we could combine these two properties together, it certainly would be an ideal situation for the long term benefit of the City." Manager McLemore then added that the best thing would be that "You probably need to look at both of them at the same time." Deputy Mayor McLeod suggested, "I would be interested in finding out what - 2.A is - valued at and what they're asking for 2.A, even though - and find out really what that building is all about there." Discussion ensued on funding sources. Commissioner Blake said, "I would like to look at a slightly different alternative, along the lines of what Commissioner McLeod has suggested, and that is to look at that frontage property, that 2.A, somewhat more closely, and look at how that may marry up with the other property that we'll be discussing next. That would put you pretty close to five (5) acres. W(: don't know if it is the right five (5) acres." Manager McLemore asked, "You mean the total between the two (2)?" Commissioner Blake responded, "Between the three and a half acres on the property next door, and acre and a half there, it's about five (5) acres..." Manager McLemore said, "We can look at that..." Commissioner Blake added, "...There's more uplands..," Manager McLemore then said, "We can look at that. I think the question is what are you going to do in the future with this type of expanded facility." Commissioner Blake further inquired, "How large of a facility will we need in the future?" - "How much space do we really need? I just think we need to look at this more carefully." With brief discussion, Commissioner Cindy Gennell agreed with Deputy Mayor McLeod's ideas. Commissioner Miller said, "What I'm trying to avoid is two (2) years from now, us being informed that because the property that we acquired was not adequate, and Public 'Works has to stay." Tape 2/Side B CITY OF WINTER. SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 23, 2001 PAGE 13 OF 29 Commissioner Miller then suggested, "I think that we need to look simultaneously at what Commissioner McLeod brought up, which was 2.A, if that would take care of the forty-seven to sixty thousand population, then we don't have to have a conversation two (2) years from now about moving Public Works from where it is right now." Commissioner Miller further suggested, "I think we ought to go and look at that 2A and bring it back to us." Commissioner Miller further stated, "I think we ought to look at the whole Item 'B' as proposed right now and if I misunderstood - Commissioner McLeod, then it may be worthwhile looking seriously in - bringing back to this Commission what you find out about property 2.A, or lot 2.A - the road there, if the property at the back is not going to be enough, to move everything out of your current location," Mr. Lockcuff stated, "The property in the back will be enough to move Public Works in its entirety. Absolutely." Commissioner Miller then said, "I'm going to remember that you said that - a year from now." Discussion followed with Commissioner Martinez. Commissioner Martinez said, "I'd like - for you and the City Manager to consider Commissioner McLeod's suggestion and come back to us with some more concrete ideas - with that Parcel 2.A, and possibly an adjoining lot to compensate - to make up the four and a half acres that you need." "MAYOR, I'D LIKE TO TABLE THIS ITEM, AT THE MOMENT, AND MOVE ON TO 'G' AND THEN WE CAN COME BACK AND REVISIT IT." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: NAY MOTION CARRIED. Mayor Partyka stated, "It's tabled to some point later in the Meeting." REGULAR G. Office Of The City Manager Respite Center Update. Manager McLemore introduced this Agenda Item and spoke on the negotiations and dates mentioned in the Agreement. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 14 OF 29 Attorney Miranda Fitzgerald, Lowndes, Drosdick, Doster, Kantor and Reed, P.A.: representing HCCH addressed the Commission and stated, "We thought originally when this was submitted, and we discussed it with your Staff, that this would come to you on the July 9th Agenda. That didn't happen, that's why the date in there, said 'July 10th.' The offer is still on the table, and we are here to answer questions." Discussion. Commissioner Blake asked, "Have we received any sort of a modified statement, an audit, a copy of invoices? In other words, how do we know that these numbers are real numbers other than their representations to us?" Manager McLemore said, "Certainly the contract will be contingent upon proof of all those things, which they told us are available." Commissioner Blake then asked, "Are any of these costs that we could derive some benefit from if we were to purchase the land from them, through the settlement agreement, in our own developmental efforts? In other words, are any of the benefits transferable?" Ms. Fitzgerald stated, "Yes sir. Virtually a lot of it is. We have permits in place. We've done the jurisdictional lines for the wetlands. They've been signed off on by the St. Johns River Water Management District. We have applied for and are, if not already - if we don't already have it in hand, we will have momentarily, a pennit from CSX Railroad for crossing their right-of-way. Virtually all of the - we've done all the soil borings on the site, we have a Phase I environmental report that has already been given to you. All of the site investigations we have turned over to you. That doesn't presume that you'all will just accept those necessarily without - an analysis of them, but a lot of what these costs represent are costs that we think you will get benefit from. And I - will be able to document everything that's in here very quickly" Discussion ensued on whether some items were in fact transferable. Commissioner Martinez added, "Remember in the first Agreement it was presented to us, there were a lot of expenses here and some of them were in kind donations and we were supposed to get a breakdown of the true expenses, which we never have received according to the questions asked." Ms. Fitzgerald advised the Commission, "As far as certification of the engineering and other things, I mean if they were being paid, I assume they might recertify. If we're just asking them to, out of the goodness of their heart, re-certify and not get paid for that, I don't think they would be accommodating." Ms. Fitzgerald further stated, "We do want to settle. I feel this settlement offer is fair. We certainly have backed off from our original proposal and again I can document, these are hard costs out of pocket. We've actually spent - HCCH has actually spent substantially more than this in the couple of months that we've been talking. But, again, just trying to deal with you'all in good faith, we have said we can make this happen for $313,500.00 dollars. Weare willing to stick with that." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 23, 2001 PAGE 15 OF 29 Commissioner Gennell suggested, "So if we're to consider reimbursing them f,or their costs, the most that I would want to do is give them their costs that they're out, their out of pocket costs, less the cost of the land, and let them re-sell the land. And if they sell the land for what they say it's probably worth now, they'll get back a lot more them what they're asking us." Discussion followed on the draft Settlement Agreement and the proposed Property Appraiser. Attorney Garganese stated, "They're agreeing in advance that Larry A. Church would be an acceptable Appraiser. However, if the City wants to use another Appraiser, then we have to find an Appraiser that they'd agree would be acceptable." Commissioner Miller then said "Well - it needs to be reworded then, because.. .HCCH hereby consents to the City's selection of Harry A. Church as the Appraiser, however..." Attorney Garganese suggested, "How about as '...An acceptable Appraiser... ", Commissioner Miller agreed with Attorney Garganese's suggestion. Further discussion. Commissioner Blake added, "We need to have property appraised when we buy property to make sure that we're not overpaying for it." Discussion ensued on negotiations and the revised Settlement Agreement. COMMISSIONER BLAKE SAID, "MY INCLINATION IS TO TAKE A lLOOK AT WHAT HAS OCCURRED NEAR THIS PROPERTY, IN TERMS OF SALES AND DEVELOPMENT, ETCETERA, AND I'VE COME UP WITH NUl\1[BERS BETWEEN $305,000.00 AND $275,000.00, AND I BELIEVE THAT IN ORD1~R TO BOTH PROTECT THE CITY, PROTECT THE CITIZENS, AND TO GE:T ON WITH THIS AND TRY TO SETTLE THIS THING, THAT I'LL MAKE: THE MOTION THAT WE SETTLE IT ACCORDING TO THE SETTLEMENT AGREEMENT WITH THE EXCEPTION THAT THE FINAL SETTLEMENT NUMBER BE $300,000.00 EXACTLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. Tape3/Side A DEPUTY MAYOR McLEOD SUGGESTED THAT "BY PURCHASING THIS PROPERTY, IT ALSO GIVES YOU NOT ONLY 2.A, BUT IT ALSO COULD GIVE YOU LOTS 1 AND 2 AS AN ALTERNATIVE, TO THE ADJ01NING PROPERTY, RATHER THAN LOOKING AT THE WHOLE PARCEL Ol~ THE OTHER PIECE OF PROPERTY, SO THERE ARE SOME OTHER ALTERNATIVES THAT THIS DOES GIVE YOU." MS. FITZGERALD SUGGESTED, "THE 13,000.00 DIFFERENCE IS NOT THAT BIG A DIFFERENCE. WHAT I WOULD LIKE TO PROPOSE, I'M ASSUl\1ING YOU ALL WILL HAVE THE PROPERTY REAPPRAISED; I THINK YOU NEED TO DO THAT TO ACQUIRE PROPERTY UNDER ANY CIRCUMST ANCE, AND I WAS GOING TO SUGGEST IF THE APPRAlISAL COMES BACK AT MORE THAN $300,000.00 THAT YOU WOULD GIVE US CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 16 OF 29 THE BENEFIT OF ANY DIFFERENCE. IF IT CAME BACK AT $313,000.00 YOU WOULD AGREE TO PAY THE $313,000.00; IF IT CAME BACK AT $305,000.00, YOU WOULD PAY THE DIFFERENCE - YOU WOULD PAY US 305,000.00 AND WE WOULD EAT THE DIFFERENCE, BASICALLY BETWEEN 305,000.00 AND 313,000.00. AGAIN, IT WOULD BE TOTALLY DEPENDENT ON THE VALUE OF THE LAND UNDER A NEW APPRAISAL, AND I THINK THAT'S - IF THE PROPERTY IS IN FACT VALUED HIGHER THAN ALL OF OUR EXPENSES, THEN I THINK THAT'S REALLY ONLY- TO THE CITY'S BENEFIT. SO I WOULD SUGGEST THAT AS A COMPROMISE TO THE MOTION." DEPUTY MAYOR McLEOD STATED, "WHAT YOU BASICALLY SAID, THAT IF WE WENT OUT AND REAPPRAISED THE PROPERTY AND THE PROPERTY CAME BACK AT AN APPRAISAL OF 315,000.00; LETS SAY, WE WOULD THEN REIMBURSE YOU, OR WE'D PAY 313,000.00 FOR THE PROPERTY. WE WOULD HAVE NO OUT OF POCKET ADDITIONAL EXPENSES TO PAY. YOUR PRIMARY THING THAT YOU'RE LOOKING FOR IS THE 313,000.00?" MS. FITZGERALD SAID, "YES, SIR, THAT'S EXACTLY RIGHT." DEPUTY MAYOR McLEOD FURTHER SAID, "IF' THE PROPERTY CAME BACK AT 290,000.00, THEN YOU'RE LOOKING FOR $10,000.00 WORTH OF REIMBURSEMENTS?" MS. FITZGERALD SAID, "YES, SIR. BASED ON YOUR MOTION PREVIOUSLY AT 300,000.00. I'M SAYING ONLY IF IT APPRAISED AT A HIGHER VALUE THAN 300,000.00 WOULD WE RE-COUP ANYTHING OVER 300,000.00 - UP TO A CAP OF $313,000.00. " COMMISSIONER BLAKE SAID, "IF I MAY JUST PARAPHRASE TO BE SURE. WE WOULD PAY NOT LESS THAN 300,000.00 NOR NOT MORE THAN $313,531.00..." MS. FITZGERALD SAID, "YES, SIR." COMMISSIONER BLAKE CONTINUED, "...AND THAT NUMBER WOULD BE TOTALLY DEPENDENT UPON WHERE THAT INDEPENDENT APPRAISAL COMES IN?" MS. FITZGERALD SAID, "YES, SIR, WITH - THE ASSUMPTION THAT WE WOULD AGREE ON AN APPRAISER, AS IS STATED - IN THE DOCUMENT." DEPUTY MAYOR McLEOD SAID, "I WOULD LIKE TO MAKE SURE THAT IN THIS AMENDMENT THAT I BELIEVE THE COMMISSIONER IS AI~OUT TO MAKE HERE, THAT - THAT AMENDMENT WOULD INCLUDE - HCCH GOING BACK WITHIN THE CONTRACTS THAT THEY HAVE, WITH ANY ENVIRONMENTAL GROUPS, TO INCLUDE THE CITY'S NAME ON THAT CONTRACT, SO THEY COULD BE TRANSFERABLE TO US, PROVIDE]!) WE HAVE A SALE, AND THAT CAN BE DONE. NOW, THERE MAY BE A COST TO THAT, AND I WOULD THINK THAT A SMALL PERCENTAGE COST - NORMALLY APPLIED TO THAT, I WOULD THINK THIS COMMISSIONNWOULD BE WILLING TO PICK THAT UP." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 17 OF 29 DEPUTY MAYOR McLEOD FURTHER SAID, "IN OTHER WORDS, THERE HAS PROBABLY BEEN AN ENVIRONMENTAL DONE ON THIS THING, AND IT'S CERTIFIED. YOU COULD GO BACK AND HAVE THAT CERTIFICATION - HAVE THE NAME OF THE CITY OF WINTER SF'RINGS ADDED TO IT FOR NEXT TO NOTHING, VERSUS GOING OUT AND HAVING ANOTHER ENVIRONMENTAL. BUT I THINK OUR OWN ORDINANCE REQUIRES US TO HAVE OUR OWN TO BEGIN WITH; BUT THERE ARE OTHER PIECES LIKE THAT, PERHAPS THE PERMIT. THERE'S OTHER THINGS OF THAT NATURE THAT NEED TO - COULD BE ADDRESSED AND ALL THOSE THINGS COULD BE TRANSFERRED TO THE CITY. " COMMISSIONER BLAKE ASKED, "AT WHOSE COST?" DEPUTY MAYOR McLEOD RESPONDED, "I THINK IT WOULD PROBABLY BE FAIR TO SHARE THAT COST WITH BOTH PARTIES, BECAUSE THEN THEY HAVE AN INTEREST TO MAKE SURE THAT'S AS REASONABLE AS POSSIB:LE, TO HAVE IT DONE, AND SO DO WE." MANAGER McLEMORE SAID, "IN THE CURRENT PROPOSED CONTRACT, THERE IS A PROVISION THAT SAYS, THEY WILL PUT THIS PROlflERTY ON THE MARKET IMMEDIATELY, AND IF DURING THE DUE DILIGENCE PERIOD THEY CAN SELL IT, THEY WILL SELL IT. AND THAT, IN THAT SITUATION, THEN WHATEVER THE VALUE THEY GET FOR THAT PROPERTY, WE WOULD REIMBURSE THA T DIFFERENCE, UP TO $313,000.00. NOW, WHAT YOU'RE SAYING HERE IS IF THEY SE:LL IT DURING THIS PERIOD OF TIME THEN WE WOULD REIMBURSE THEM UP TO $300,000.00." COMMISSIONER BLAKE ADDED, "THAT'S CORRECT." MANAGER McLEMORE ADDED, "SO, I JUST WANT TO POINT THAT OUT. " DEPUTY MAYOR McLEOD ASKED, "BUT WHERE IS THEIR INCENTIVE? SOMEBODY COMES AND OFFERS THEM $200,000.00 TOMORROW~, WHY WOULDN'T THEY SELL IT? WHERE'S THE PENALTY? I MEAN, IS THAT IN THIS CONTRACT? I DON'T SEE THAT IN THIS CONTRACT. I ][)ON'T SEE WHERE IF THAT YOU HAVE THE RIGHT TO REFUSE THEM TO BE ABLE TO SELL IT AND KEEP THE PROPERTY. LIKE I SAID, I'LL GIVE THEM 100,000.00 TOMORROW FOR IT, YOU'RE GOING TO PAY THE DIFFERENCE." MANAGER McLEMORE SAID, "BUT THE INTENT HERE WAS THAT WE WOULD PAY THEM ONLY UP TO THE 78,000.00 - 78,000.00 OUT OF POCKET WOULD BE THE MAX THAT WE WOULD PAY. IF THEY SELL IT FOR 100,000.00, WE'RE ONLY OUT - THAT WASN'T OUR INTENT TO BUILD IN THAT - INSURANCE FOR THEM." DEPUTY MAYOR M(:LEOD SAID, "IT DOESN'T SAY THAT THOUGH IN YOUR CONTRACT." MANAGER McLEMORE SAID, "OKAY - WE CAN BRING IT UP TO YOU - DO WE WANT TO LEAVE IT IN OR NOT AND IF WE LEAVE IT IN, WE CAN CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 18 OF 29 PUT THE ADDITIONAL SAFEGUARD IN THERE SO IT IS CLEAR." DE.PUTY MAYOR McLEOD THEN SAID, "I DON'T HAVE A PROBLEM PUTTING IT ON THE MARKET RON, BASED ON THE FACT THAT WE HAVE LAST REFUSAL, OKAY. THAT WE HAVE THE RIGHT TO REFUSE THAT SALE, BECAUSE IF IT IS A RIDICULOUS SALE, THEN YOU WOULDN'T 'NANT IT. " MS. FITZGERALD ADDED, "THERE'S REALLY NOT AN AFFIRMATIVE OBLIGATION IN THE CONTRACT. WE HAD TALKED ABOUT THAT. I DIDN'T PUT IT IN THIS VERSION. IT SAYS THAT WE - THAT THE SELLER MAY PLACE A 'FOR SALE' SIGN. IT'S NOT AN OBLIGATION TO DO IT. I THINK, BASED ON WHERE WE ARE, IT PROBABLY DOES MAKE SENSE JUST TO NOT EVEN ADDRESS IT." MS. FITZGERALD ADVISED THE COMMISSION THAT THIS HAD COME FROM, "THE COVER LETTER THAT I DID. I SAID THAT WE WOULD GO AHEAD AND LIST THE PROPERTY. WE HAVE NOT DONE THAT.'!' MS. FITZGERALD ADDED, "THE CONTRACT ONLY - MAKES IT PERMISSIVE. IT DOES NOT MAKE IT MANDATORY. AND THAT'S IN THE VERY END, THAT'S IN PARAGRAPH TWENTY-THREE (23) ON THE SIGNATURE PAGE." MANAGER McLEMORE STATED, "EVEN ON A PERMISSIVE PROVISION, IT WOULD HAVE TO BE WITH THE APPROVAL OF THE CITY." MS. FITZGERALD STATED, "RIGHT. ABSOLUTELY. AND I THINK WHERE WE'RE GOING NOW, YOU KNOW TO ME - IF YOU ALL ARE INCLINED TO GO WITH THE ALTERNATIVE THAT I SUGGESTED, I THINK THAT MAY BE JUST THE SIMPLEST THING TO DEAL 'VITH. LET'S SEE WHAT THE APPRAISAL COMES BACK AS AND..." MANAGER McLEMORE SAID, "TAKE IT OUT." MS. FITZGERALD ADDED, "...AND DEAL WITH IT THEN." "MAYOR, I'D LIKE TO MAKE AN AMENDED MOTION THEN TO READ THAT THE CITY WILL PAY FOR THE PROVISIONS OF THE SETTLE1'1ENT AGREEMENT, NOT LESS THAN $300,000.00 AND NOT MORE THAN $313,531.00, AN AMOUNT TO BE DETERMINED - BY AND INDEPEN]i)ENT APPRAISAL DONE BY A REGISTERED APPRAISER SELECTED ACCORDING TO THE TERMS OF TillS AGREEMENT. ALSO - WE VVANT TO ALTER THAT LANGUAGE ON THE SALE PROVISION ALSO, AS WE JUST DISCUSSED. THAT WILL ALSO BE PART OF THE AMENDMENT." MOTION BY COMMISSIONER BLAKE. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 19 OF 29 ATTORNEY GARGANESE SAID, "ARE YOU GOING TO TAKlC OUT PARAGRAPH TWENTY-THREE (23)?" COMMISSIONER BLAKE, SAID "TWENTY-THREE (23), YES, SIR." COMMISSIONER BLAKE ADDED, "WE WILL PAY THE APPRAISED VALUE - HOWEVER, IT WILL llJE AN AMOUNT NOT LESS THAN $300,000.00 NOR AN AMOUNT GREATER THAN $313,531.00." SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: NAY MOTION CARRIED. VOTE: (ON THE MAIN MOTION) COMMISSIONER GENNELL: NAY DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka asked what happens next. Attorney Garganese stated, "We we'll work out the - final details of the Agreement. If they are in compliance with the Commission's wishes, we'll get with the City Manager for signature, and begin due diligence. Vve need to verify expenses." Manager McLemore added, "At the end of due diligence, we would give you a report." Mayor Partyka called a break at 10: 13 p. m. The Meeting was called back to order at 10:23 p.m. Mayor Partyka stated, "Let the record show three (3) Commissioner's are here." .:..:. AGENDA NOTE: THE COMMISSION THEN DISCUSSED PUBLIC HEARINGS AGENDA ITEM "C" NEXT. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 23, 2001 PAGE 20 OF 29 v. PUBLIC HEARINGS PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance (2001-45) To Approve Transmittal Of A Large Scale Comprehensive Plan Amendment (LS-CPA-05-01) That Would Change The Future Land Use Map Designation Of A 49.55-Acre Property From "Planned Development" And "Conservation Overlay" (County) To "Mixed-Use." The Subject Prop(~rty Is Located On Dovera Drive, North Of Red Bug Lake Road, Within The Oviedo Marketplace Development Of Regional Impact (DRI). Mayor Partyka said, "I would like to have a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Attorney Garganese read the Ordinance with some "Minor amendments to the Title." Attorney Garganese read the title as follows: "Ordinance Number 2001-45, an Ord.inance of the City of Winter Springs, Seminole County, Florida adopting a Large Scale Comprehensive Plan Amendment referenced (LS-CP A -05-01) providing fi)r the Amendment of the Future Land Use Map by designating a certain real property within the City of Winter Springs, generally described as a 49.55-Acre tract located on Dovera Drive, north Of Red Bug Lake Road, within the Oviedo Marketplace Project" more particularly legally described herein in Exhibit 'A' attached hereto and fully incorporated herein by this reference from Seminole County 'Planned Development' and 'Conservation Overlay' to City of Winter Springs 'Mixed-Use' providing adoption of the amendment to the Future Land Use Map, providing for a transmittal to the Department of Community Affairs, providing for the repeal of prior inconsistent Ordinances and Resolutions, providing for severability, providing for an effective date and legal status of the Plan Amendment." Mr, Charles C. Carrington, AICP, Community Development Department Director introduced Ms. Patricia A. Tyjeski, AICP, of Land Design Innovations, Inc. (Consultant to the City of Winter Springs) who presented this Agenda Item to the Commission. Ms. Tyjeski advised those in attendance that "Normally Large Scale Amendments can only be CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 21 OF 29 considered by the City twice a year; however, since this one is a Development of Regional Impact, they're exempt from that provision." Attorney Hal Kantor, Lowndes, Drosdick, Doster, Kantor and Reed, P.A.: (represe:ntating the property owner) stated that he agreed with the Staffs recommendation and asked for approval. Mayor Partyka opened the "Public Input" portion of this Agenda Item. None. The "Public Input" portion of this Agenda Item was closed. Commissioner Miller commented on the reference to "CSL" Railroad, and that it perhaps should be "CSx." Ms. Tyjeski commented, "We will look at that." Commissioner Blake inquired about uses and "Community Development Districts." Mr. Kantor explained about "Community Development Districts." Commissioner Blake stated, "Including the property in Winter Springs, because I don't remember any Interlocal Agreement to - be part of that." Mr. Kantor stated, "I don't know that. I don't know the answer to that. We can find out." Mr. Kantor further said, "I'll get you all a report on this." Commissioner Blake further stated, "I'm just concerned because the - we have some other reasons that we might want the conservation area here, handled somewhat differently, in terms of our grand scheme of things too." Mr. Kantor further said, "I think that the conservation area is already dedicated - I think it's already dedicated years ago. I think we've lost control of that, but - that's another thing I'll find out about." Mr. Rick Merkle, Professional Engineering Consultants: spoke on roads and services in the district. Tape 3/Side B Commissioner Martinez said to Manager McLemore, "I wasn't a Commissioner at the time when this Agreement was entered into between the City and the people over there, but I was under the impression that the Homeowner's Association has stated that you have signed an Agreement that deeded this conservation area, this 'Parcel 14. ,,, Manager McLemore said, "I can't answer your question. I don't know." Commissioner Martinez then said, "Would you get me a copy of that Agreement - and put it in my box, before - this comes up again." Commissioner Martinez clarified that the request was specifically for "The Agreement entered into the by the City ;md the applicant - when they settled the dispute regarding the mall." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 23, 2001 PAGE 22 OF 29 Commissioner Martinez further inquired, "This is in no way a means to enter through the back door and open up that road that leads out onto Winter Springs Boulevard through the gas station?" Commissioner Martinez was told, ''No, sir," "I MAKE A MOTION THAT WE TRANSMIT THIS ORDINANCE 2001.45 TO APPROVAL AND TRANSMIT THE AMENDMENT - THE FUTURE LAND USE MAP TO DCA FOR REVIEW; AND ALSO TO TAKE THE 49.55-ACRE PROPERTY, AND CHANGE IT FROM COUNTY 'PLANNED DEVELOPMENT' AND 'CONSERVATION OVERLAY' TO CITY 'MIXED USE.'" MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE COMMISSION THEN HEARD REGULAR AGENDA ITEM "A." .:..:. VI. REGULAR REGULAR A. Community Development Department Requests The City Commission Adopt The Attached "City Of Winter Springs - DRI Development Order For Oviedo Marketplace," Relative To The Portion Of The Oviedo Marketplace DRI That Is Located Within The City Of Winter Springs - Parcel 14. Mr. Kantor advised the Commission that "The City really can't officially adopt a Development Order until it adopts the Land Use change, and then the next step is to adopt the 'PUD,' and then the final step is to adopt a Development Order, and presumably it can all be done at one hearing, at some point when it comes back from DCA and the appropriate hearings are held before your - P and Z." Ms. Tyjeski stated, "Just one more thing, the applicant has requested that the City send it to DCA, requesting an expedited review." "MOTION TO TABLE THE DEVELOPMENT ORDER." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 23 OF 29 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "MOTION TO EXTEND ONE (1) HOUR." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. .:. .:. AGENDA NOTE: THE COMMISSION THEN DISCUSSED PUBLIC HEARINGS AGENDA ITEM "A" NEXT. .:..:. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading And Consideration Of Ordinance 2001-13, Establishing Separation Requirements For Construction And/Or Installation Of New Gas Station Facilities As Amended To Include Vested Rights. Attorney Garganese read Ordinance 2001-13 by "Title" only. Discussion ensued on vested rights. Commissioner Blake asked, "Where in here is there a provision for an existing use that would not be in conformance with this Ordinance, and if that existing use ceased to do business for a period of time, does it retain its vested right, or does it not? Or over what period of time?" Attorney Garganese sugge:;ted, "If you want to make it abundantly clear, we could make a minor modification to Se:ction 7. - and add some language - or until the existing gasoline station is abandoned or discontinued, for a certain period of time." Commissioner Blake asked for a recommendation from Attorney Garganese. Attorney Garganese suggested that ninety (90) days would be a "reasonable" time. Commissioner Blake said, "Well, I'm willing to see us put that provision in. I think we intended to have it in. Just to make sure, that 'If a non-conforming vested use ceases to do business in ninety (90) days' is fine for me." With further discussion by the Commission, Mayor Partyka stated, "The consensus seems to be ninety (90) days, as stated by Commissioner Blake." "I WILL MAKE A MOTION TO EXTEND FOR ONE (1) HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 24 OF 29 VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: NAY MOTION DID NOT CARRY. "I'LL MOVE TO CONTINUE THIS ITEM HERE, UNTIL WE FINISH THIS ITEM." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: DID NOT VOTE MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT THIS COMMISSION HANDLE PUBLIC HEARINGS ITEM 'A,' PUBLIC HEARINGS ITEM 'B,' AND REGULAR AGENDA ITEM 'F' BEFORE WE ADJOURN THIS EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ORDINANCE 2001-13." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ATTORNEY GARGANESE STATED, "BECAUSE OF THE ADDITIONAL CHANGE, MOVE SECTION 7. TO THE BODY OF THE ORDINANCE IN SUBPARAGRAPH '(!!),' SO IT GETS CODIFIED; IN THE CODE SO THE SECTION WOULD READ, 'THIS ORDINANCE SHALL NOT APPLY TO ANY PENDING GASOLINE STATION APPLICATION WHICH IS VESTED AS PROVIDED BY LAW OR ANY GASOLINE STATION LAWFULLY EXISTING AND OPERATING AT THE EFFECTIVE DATE OF THIS ORDINANCE; CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 25 OF 29 HOWEVER, IF ANY SUCH GASOLINE STATION SHALL DISCONTINUE OR ABANDON ITS' OPERATION FOR AT LEAST NINETY (90) CONSECUTIVE DAYS AT A PROPERTY, THEN THIS SECTION SHALL APPLY TO SAID PROPERTY.'" Mayor Partyka opened the "Public Input" portion of this Agenda Item. None. The "Public Input" portion of this Agenda Item was closed. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS NEXT DISCUSSED, AS DOCUMENTED. .:. .:. v. PUBLIC HEARINGS PUBLIC HEARINGS B. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading And Consideration Of Ordinance 2001-43 Amending Provisions In The Land Development Regulations Appertaining To Street Names, The Naming Of Streets, And The Uniform Building Numbering System. Attorney Garganese read the Ordinance by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. None. The "Public Input" portion of this Agenda Item was closed. "I'D LIKE TO MAKE A MOTION THAT WE APPROVE ORDINANCE 2001- 43." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 23, 2001 PAGE 26 OF 29 VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Commissioner Blake stated, "Point of Order. I'd like to exercise a minor privilege. Thank you. I'd like to yield two minutes to the City Manager. He has something very important he needs to discuss with us. " Manager McLemore asked that the Commission hold a Special Meeting on Monday, August 20th, 2001 at 6:30 p.m. to meet with Shane Doran. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT DISCUSSED. .:. .:. VI. REGULAR REGULAR F. Office Of The City Manager And Office Of The City Attorney Requesting The City Commission To Direct The City Attorney To File A Motion With The Code Enforcement Board For A Rehearing Of Case #CEB-01-811 Involving A Violation Of Section 9-241 (c) Winter Springs Code Of Ordinances (Finished Floor Elevation) By John Laudani (Builder) And To Direct The City Attorney To Prosecute The Rehearing. Attorney Garganese introduced this Agenda Item to the Commission. Manager McLemore then spoke on this matter and stated, "I want to clarify on the record, whether or not Staff was a problem here, or not. And so I think we need to do two (2) things. One, we need to perfect the record of what actually happened; and then we need a fine that is appropriate to the importance of the provisions of the Ordinance itself, the policy itself." Discussion. Deputy Mayor McLeod asked if Manager McLemore had plaJmed to attend the Hearing and stated, "If it's that important to you that we send this back, then I would think it's important enough that you personally attend it." Commissioner Gennell asked if the Code Enforcement Board had their own Attorney? Attorney Garganese stated, "I do not believe they have one." Commissioner Gennell stated, "It sounds like they need one." Commissioner Gennell further stated, "Could you please look at that situation for me. Maybe the rest of the Commission is not interested, but I am." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 27 OF 29 "I MOVE TO APPROVE THIS - AGENDA ITEM 'F.'" MOTION BY COMMISSIONER GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VIII. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 11 :30 p.m. .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:. .:. V. PUBLIC HEARINGS PUBLIC HEARINGS D. Community Development Department Requests The City Commission Conduct A Public Hearing For First Readi.ng Of Ordinance 2001-46 To Adopt The Proposed Administrative Rezoning (REZ-05- 2001) That Would Change The Zoning Map Designation Of The Moss Wood Apartments Property And Three (3) Adjacent Sites From C-2 "General Commercial And Industrial District" To R-3 "Multiple-Familv Dwelling Distrlict". CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 28 OF 29 VI. REGULAR REGULAR C. Office Of The City Clerk Requests That Commissioner Cindy Gennell Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee. REGULAR E. Office Of The City Attorney Presents The Results Of Legal Research And Requests Direction From The City Commission Regarding The Preparation Of An Ordinance Which Would R1egulate The Number Of Animals At Each Residence Within The City Of Winter Sprilllgs. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat Two - Michael S. Blake REPORTS E. Commission Seat Three - Edward Martinez, Jr. REPORTS F. Commission Seat Four - Cindy Gennell REPORTS G. Commission Seat Five - David W. McLeod CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 29 OF 29 REPORTS H. Commission Seat One - Robert S. Miller REPORTS I. Office Of The Mayor - Paul P. Partyka NZO-LUACES, CMC .....-=:'~ ~' I r ~:....~~ ~ ~ '-,),. ,-,,-. - <~ < --- ' ,... ~ NOTE: These minutes were approved at the August 13,2001 Regular City Commission Meeting.