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HomeMy WebLinkAbout_2001 12 10 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING DECEMBER 10, 2001 I. CALL TO ORDER The Regular Meeting of Monday, December 10, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 5:02 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 Corml1issioner Cindy Gennell, arrived at 5 :04 p.m. City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Mayor Partyka stated that "Consent 'A' is going to be pulled off this Agenda entirely." City Manager Ronald W. McLemore said to the Commission that "We would like to pull Consent 'E. ,,, Additionally, it was agreed that both Dyson Drive Items - (Public Hearings "A" and Regular "H") would be heard together. Commissioner Cindy Gennell arrived at 5:04 p.m. Mayor Partyka asked Manager McLemore about the date of the planned "Groundbreaking." Manager McLemore stated, "I can reach them on the cell phone and find out." Mayor Partyka asked that this be done. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AND INFORMATIONAL AGENDA ITEMS WERE DISCUSSED AS FOLLOWS. .:. .:. III. CONSENT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 2 OF 33 CONSENT A. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And Cox Entertainment For July 4, 2002, Entertainment And Concessions. At the beginning of the Meeting, Mayor Partyka stated that "Consent 'A' is going to be pulled off this Agenda entirely." CONSENT B. Office Of The City Clerk Approval Of The Minutes Of The November 26, 2001 Regular City Commission Meeting. CONSENT C. Office Of The City Clerk Approval Of The Minutes Of The December 3, 2001 Special City Commission Meeting. CONSENT D. Public Works Department Requesting Approval Of The Public Improvements And Maintenance Easement And Agreement From The Chestnut Estates Homeowners Association. CONSENT E. Public Works Department Recommending To The City Commission That Spring Avenue Not Be Paved At This Time. In the beginning of the Meeting the following comments were made: City Manager Ronald W. McLemore advised the Commission that "We would like to pull Consent 'E.'" CONSENT F. Not Used. CONSENT G. Community Development Department/Building Division and Code Enforcement Division Requesting Authorization To Purchase Two Vehicles Previously Approved In The 2001 - 2002 City Budget. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 3 OF 33 CONSENT H. Office Of The City Manager Requesting The City Commission Approve An Emergency Ordinance Extending The Cable Franchise Term In Favor Of Time Warner Cable Until March 1,2002. Commissioner Michael S. Blake commented on the Emergency Ordinances and stated, "I thought we discussed the last time we had this come up that we would not do an Emergency Ordinance on a Consent Agenda. It has to have a specific reading, we have to find an emergency present, we have to read it - on the Consent Agenda, and that's not how we pass Ordinances." Mayor Partyka said that "We'll move it to the last" on the Public Hearings Agenda. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Parks And Recreation Department Informing The City Commission Of The Preliminary Site Plan, Design Development Schedule And Construction Budget Of The CDBG Funded Torcaso Park Expansion. Commissioner Blake asked Mr. Chuck Pula, Parks and Recreation Department Director, "Did we know that that football/soccer field was going to be that short on the original plans?" Mr. Pula stated, "No, we did not." Commissioner Blake then asked, "What wculd the steps be to keep it as a full-size field?" Discussion followed. Mr. James N. Hunter, P.E., Senior Vice President, CPH Engineers, Inc., 1117 East Robinson Street, Suite C, Orlando, Florida: spoke of surveys and said "When we did that and lined everything up, then it does appear as though what will happen is it will encroach very close on the one tot lot that you have there at the one end, and the pond at CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 4 OF 33 the other. So, the cost associated with that would have to be both improvements to either the pond and/or the tot lots that are already in place at Torcaso Park, to get that additional length. " Commissioner Blake asked, "Is there any possibility of rotating the field ninety (90) degrees and moving the parking along the north side?" Mr. Hunter responded, "We can look at other alternatives and come back and give you a cost estimate to try and provide a full-size field, but it will involve probably improvements on both ends." Commissioner Blake then said, "Mayor, I would like to see this go back and at least bring us some other alternatives or cost estimates for making sure this is a full-size field." Deputy Mayor David W. McLeod said, "Do we need to put in another sidewalk or can we not use the sidewalk that would run alongside the tot lots and pick up that space?" Mr. Hunter said, "We could pick up that space;" and further stated, "I would be happy to come back and see if there is some way, any way at all that we could try and get a full- sized football field in there." Deputy Mayor McLeod then suggested, "I would think you would move the two (2) tot lots up above the proposed splash pad - you probably could do it." Mr. Hunter said, "If you don't mind relocating those existing pads?" Mr. Hunter then remarked, "Be happy to look at that." Mayor Partyka stated, "If there is no opposition, we will just move that for further review and infonnation and have that - brought back to our next Commission Meeting." INFORMATIONAL B. .Public Works Department Updating The City Commission Regarding The Edgemon Avenue/State Road 419 Traffic Signal. Mayor Partyka said, regarding Informational "B," - "So, let's approve that." "SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- DECEMBER 10,2001 PAGE 5 OF 33 INFORMA TIONAL C. Office Of The City Manager Requesting The Commission To Review An Update On The Water And Sewer 1992 Bond Refunding Prepared By The City's Financial Advisor. It was noted that this Agenda Item would be discussed later in the Meeting when the Consultant would be present. No further action was taken at this time. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR A. Office Of The City Manager Requesting The Commission To: · Adopt Bond Resolution #2001-48 Authorizing The Issue By The City Of Limited General Obligation Bonds, Series 2002 Not To Exceed $3,400,00.00. Commissjoner Blake asked Manager McLemore, "Who is the underwriter?" Manager McLemore said to Commissioner Blake, "I'll get you an answer." "MOTION TO APPROVE ITEM 'A.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR B. Parks And Recreation Department Requesting The City Commission To Consider Amending The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. Brief comments were made on the hand-stamping process. [Note: further comments regarding this Agenda Item were made later in the Meeting.] CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 6 OF 33 "I AM PREPARED TO MAKE A MOTION TO APPROVE ITEM 'B.'" MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR C. Community Development Department Requests The City Commission Consider Adopting Resolution 2001-45 Revising Its Schedule Of Filing Fees And Permits For Development Services And Other Related Applications And Licenses And Consolidating Said Fees Into One Single Resolution. Mr. Charles Carrington, AICP, Community Development Department Director introduced this Agenda Item. Commissioner Gennell asked about "Yard Sales" and said, "I don't think it is right to charge for the 'Yard Sale' permits." Mr. Carrington stated, "That certainly can be deleted from the Resolution." Mayor Partyka asked for consensus and as there was no opposition, Mayor Partyka stated, "Eliminate the fee." Commissioner Gennell then pointed out that the price of $45.00 for a "Traffic Homicide Report" as shown on page 5, and asked if this was standard? Brief discussion. Commissioner Gennell then said, "I would be more comfortable hearing from the Police Chief and hearing what our current charge is, and the justification for it." Commissioner Blake then asked, "That's a public document, a public records request - aren't we bound by statute as to how much we are allowed to charge for public documents?" Commissioner Blake then said, "While we are discussing that, we just might want to make sure that we comply under that law also." Discussion then followed regarding permits to sell "Fireworks" as shown on page 8, and a $250.00 fee was suggested. Mayor Partyka said, "If there is no opposition, then it's $250.00." The consensus of the Commission was in agreement with this. COIlliYlissioner Edward Martinez, Jr. suggested that regarding the registration of landscape type contractors, that "I think we ought to be able to identify all of these people that come into our City from outside, through some means, and I think the Occupational License Fees that are there, should be put to work." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 7 OF 33 Mr. Dennis Franklin, Building Official, Building Division, Community Development Department addressed Occupational Licenses. Discussion. Commissioner Gennell said, "I would think this was a good thing to put on a future Agenda for discussion." With further discussion, Mayor Partyka stated, "At this point in time, three (3) Commissioners have said not to do anything more." Discussion ensued regarding whether "Trailer signs" were permitted. Tapp. l/Side B The consolidation of fees was then covered, and Commissioner Gennell asked if Occupational License Fees were included. Discussion. Commissioner Gennell then inquired if Occupational License Fees were enacted by Ordinance and specifically asked, "Is there a way to encompass all those other fees into one document or not?" Attorney Garganese addressed this issue. Commissioner Gennell added, "It would have been a little helpful if we had included those fees." The storage of hazardous materials was the next item discussed, along with the suggestion of potentially higher fees to be established. Commissioner Blake spoke for the record about Section 16-57. of the City's Code of Ordinances and pointed out that "Trailer Signs" were prohibited in the City. Deputy Mayor McLeod asked Manager McLemore about some of the fees, and asked, "Are we trying to be the leader in the community, in fee charges?" Deputy Mayor McLeod then asked, "Are our administration costs that heavy? What's our reasoning behind our fees being so much more substantially higher - going up than others?" Deputy Mayor McLeod then pointed out that "Where you go up five hundred percent (500%), you don't seem to show that. Is there a reason?" Much discussion. Deputy Mayor McLeod then addressed the proposed fees associated with "Preliminary Plan Review," the extra costs per acre, along with "Final Plan Review" and the difference in our fees in comparison to other cities. Deputy Mayor McLeod said, "I don't know that I can justify the increases that I am seeing here if you want to be a friendly city - and invite developers into this City to build; I don't see through your fees that you are trying to do that." Regarding these types of fees, Deputy Mayor McLeod then asked, "Why would you even raise that one, if you are already ahead of everybody else? As I continue to look at more of these, I see more of those kind of problems. I think there is a lot of it there that I would like to have a little more justification other than 'We want to do that. ", Manager McLemore spoke on trying to raise funds for the City's General Fund. Deputy Mayor McLeod then said, "I just want to make sure that as we do comparisons in the future on other issues that we also remember that we should be concerned with what is going on inside our doors, and not surrounding cities." Deputy Mayor McLeod then CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2001 PAGE 8 OF 33 pointed out that there are "Several items that are very, very - heavy, and I think the percentage of moving forward is just a little hard to swallow." Commissioner Gennell added, "Another thing that would have been helpful here while we are considering this would have been a chart with the Impact Fees, to get a true picture of what the developers are having to pay when they come in." Commissioner Gennell then stated, "With all the questions that have been raised here tonight, I would just as soon table this to a future date and they can bring us back some more information, relative to the questions that the Commission raised." Commissioner Gennell also spoke abuut Occupational Licenses and said, "Why couldn't we roll this into that, so that they are an considered together, once every two (2) years?" Attorney Garganese responded by saying, "Let me go back with the City Manager and see when the last time you looked at Occupational Licenses Fees - and if you are able to consider an adjustment to them at this time - if you want to roll everything in together you could, but you may have to adopt all of these fees by Ordinance." Attorney Garganese added, "Or you can consider an Ordinance and a Resolution at the same time." "I'LL MOVE TO TABLE THIS ITEM." MOTION BY COMMISSIONER GENNELL. MOTION DIED FOR LACK OF A SECOND. "MAYOR, I'LL MOVE WE APPROVE RESOLUTION 2001-45 WITH THE CHANGES MADE THIS EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR D. Office Of The City Manager Recommends The City Commission Consider Nominating The Next Deputy Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past. "MOTION TO NOMINATE COMMISSIONER GENNELL FOR DEPUTY MAYOR." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER ]0,2001 PAGE 9 OF 33 "I'LL BE MORE THAN HAPPY TO NOMINATE COMMISSIONER BLAKE." MOTION BY DEPUTY MAYOR McLEOD. Note: No further comments were made about this second Motion. Mayor Partyka stated, "Let's take the vote on the nomination of Commissioner Gennel1." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: NAY MOTION CARRIED. Mayor Partyka stated, "Commissioner Gennell becomes Deputy Mayor as of - the January Meeting." REGULAR F. Office Of The City Manager Requesting The City Commission To Receive An Update Report On The Moss Cove Housing Project And To Provide Any Comments Or Direction It Deems Appropriate. Manager McLemore addressed the Commission regarding this Agenda Item and gave a general overview ofthe latest developments as they pertained to this project. Ms. Candice Birle, Wyman Fields Foundation: addressed the Commission and explained that a couple of homeowners wished to express their gratitude and thoughts to the Commission on this project. Mr. Eric Douglas, 124 Rhodin Lane, Winter Springs, Florida: addressed the Commission and said that he and his fiancee were very happy living in their new home. Mr. Andres Aiziel Araya, 102 Kristi Ann Court, Winter Springs, Florida: also advised the Commission of his positive experiences living in this community. Discussion followed on costs and staffing required to continue with this project. Tape 2/Side A Further discussion ensued on the project. Manager McLemore then advised the Commission that "We'll try to give you another update -- probably monthly, until we close out." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2001 PAGE 10 OF 33 Mayor Partyka called a break at 6:40 p.m. Note: There were technical difficulties with the beginning of Tape 2. Tape 2 was removed from use. Tape 3/Side A Mayor Partyka reconvened the Meeting at 6:58 p.m. .:..:. AGENDA NOTE: THE FOLLOWING PROCLAMATIONS AND SPECIAl. AWARDS WERE PRESENTED, AS DOCUMENTED. .:. .:. Mayer Partyka read a Proclamation in recognition of "National Epilepsy Awareness Month." A Proclamation was then read by Mayor Partyka in recognition of the recent "Tire Fire." Fire Chief Timothy J. Lallathin joined the Mayor for the reading of the Proclamation. Chief Lallathin also recognized a number of City employees who assisted with this effort and applauded their assistance. Next, Mayor Partyka commented on the City's United Way campaign and remarked about the goals that had been exceeded. Mayor Partyka then recognized former Mayor of Oviedo, Ms. Mary Lou Andrews who was in the audience. Information Services Department Director, Ms. Joanne Dalka was recognized for her recent accomplishment - being awarded the degree of Associate in Science in Network Engineering, from Seminole Community College. .:..:. AGENDA NOTE: THE FOLLOWING PRESENTATIONS PORTION OF THE MEETING WAS HELD NEXT, AS DOCUMENTED. .:..:. PRESENTATIONS A. Office Of The City Manager Requesting The Commission Receive The Presentations Of Employee Recognition Awards. The following Employee Recognition Awards were presented as documented: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2001 PAGE II OF 33 5 Years Of Service: Ms. Lori-Ann Anello, Communications Operator, Police Department; Mr. Donald James, Superintendent Of Parks, Parks And Recreation Department; Ms. Desiree Johnson, Lance Corporal, Police Department; Mr. Robert Keene, Firefighter/EMT, Fire Department; Mr. Clark Schneider, Lance Corporal, Police Department; Ms. Hecmarette Sims, Corporal, Police Department; Ms. Allison Smith, Corporal, Police Department; Mr. Daniel Warren, Corporal, Police Department. 10 Years Of Service: Mr. Robert Eckman, Team Leader, Public Works Department; Mr. James Flannigan, Lieutenant, Police Department; Ms. Bonita Hershelman-Roberts. Concession Manager, Parks And Recreation Department. 15 Years Of Service: Ms. Edith Farnum, Communications Operator, Police Department; Ms. Nancy Vobornik, Purchasing Coordinator, General Services Department/Purchasing Division. 20 Years Of Service: Mr. Skip Lazlo, Lieutenant/EMT, Fire Department; Mr. Joseph McGaugh, Fleet Service Shop Supervisor, Public Works Department. l'.1ayo." Partyka called a break at 7:21 p. m. The lvleeting reconvened at 7:42 p.m. .:..:. AGENDA NOTE: THE FOLLOWING "REGULAR" AGENDA ITEM WAS AGAIN ADDRESSED. .:..:. VI. REGULAR REGULAR B. Parks And Recreation Department Requesting The City Commission To Consider Amending The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 12 OF 33 Representatives from the Scottish Highland Games addressed the Commission on the upcoming event. In other business, Commissioner Martinez, on behalf of his wife Blanca, wished everyone - Happy Holidays. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED NEXT. .:..:. IV. INFORMATIONAL INFURMATIONAL C. Office Of The City Manager Requesting The Commission To Review An Update On The Water And Sewer 1992 Bond Refunding Prepared By The City's Financial Advisor. Ms. Rebecca Peterson, Consultant, Public Financial Management, 201 South Orange Avenue, Suite 720, Orlando, Florida: addressed the Commission on this Agenda Item, along with Mr. Mike Williams and Mr. Mike Stewart. Commissioner Blake asked, "How are we looking on that in terms of our quarter mil cap?" Ms. Peterson responded, "I'll get back to you this week." "MOTION TO APPROVE INFORMATIONAL 'c.'" COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. MOTION BY VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: PUBLIC INPUT WAS HELD NEXT. .:..:. Ms. Lynn Cline, 1040 Elk Court North, Winter Springs, Florida: as the Chairman of the 2002 Winter Springs Festival of Arts, recognized the Oviedo/Winter Springs Lions Club and addressed the Commission regarding the City purchasing the "Featured" artwork; obtaining assistance from the City's Police Department for traffic and crowd control; and said that they would also need a signage Variance. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 13 OF 33 Mayor Partyka stated that Ms. Cline's requests would be brought back to the Commission as a Regular Agenda Item at one of the January 2002 Regular Meetings. Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: representing the City's Beautification of Winter Springs Board commented on Ordinance Number 46, which designated the "Village of North Orlando as a Bird Sanctuary," and said that he will get back with the City Commission in the new year regarding possible signs regarding "Bird Sanctuary" to be placed around the City. Mayor Partyka mentioned that he had received a number of "Public Input" forms regarding the "Traffic Light at the corner of Edgemon and 419." .:..:.. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading Of Ordinance 20ot-52, Which Would Initiate Annexation Procedures For The Dyson Drive Area Pursuant To A Referendum Vote Considered By The Registered Electors Of The Area And Repeal Ordinance 2001-27, Which Was Not Used For Annexation. City Attorney Anthony A. Garganese read Ordinance 2001-52 by "Title" - and advised the Commission that "Subsequent to the First Reading of the Ordinance, I did address one concern of this City Commission, and I made an amendment to the proposed question. If you will look on page 3 of 5, you will note the second paragraph - it says 'Upon approval, it is the intent ofthe City Commission to include the real property within the Tuscawilla Lighting and Beautification District.' That was the request of the Commission. I told the Commission that I would look at that issue, whether we can include that into the statement and it is my opinion that we can. I also put a 'Whereas' clause on page 2 of 5, it's the second to last 'Whereas' clause which makes it clear that being incorporated into the TLBD is subject to the subsequent preparation and approval of the documents necessary to effectuate the inclusion in the District. Those were the only two (2) amendments from the First Reading." Mr. Earnest McDonald, AICP, Advance Planning Coordinator Community Development Department advised the Commission that "On behalf of the Seminole Planning and Development Department who has reviewed this petition, they would like a letter to be read into the record." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 14 OF 33 Commissioner Blake stated, "Point of Order" and commented on letters being read into the record by another party. Commissioner Martinez stated, "Point of Order" and also commented on letters being read into the record. Mr. McDonald read the letter in question into the record. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Tape 3/Side B Mr. Don Spotts, 965 Tuskawilla Road, Winter Springs, Florida: asked whether renters \vculd be able to vote; inquired about the previous Ordinance; and asked what kind of voting would be held and whether there would be absentee ballots. Attorney Garganese stated, "I am not quite sure about absentee ballots, we would have to talk to the Supervisor of Elections, because the Supervisor of Elections will be running the election, according to the Florida Election laws." Regarding the matter of absentee ballots, Mayor Partyka said to Mr. Spotts, "Weare going to check into that, but you may want to follow up." The "Public Input" portion of this Agenda Item was closed. "I MAKE A MOTION TO ADOPT ORDINANCE 20ot-52." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. VI. REGULAR CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2001 PAGE 15 OF 33 REGULAR H. Office Of The City Manager Requesting The City Commission To Establish A Referendum Date Of February 11, 2002 For The Referendum On The Question Of The Annexation Of Dyson Drive Area Into The City Of Winter Springs. Discussion. The consensus of the Commission was to hold the Referendum on Tuesday, February 12, 2002. "MOTION TO APPROVE THE 12TH." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE REMAINDER OF THE PUBLIC HEARINGS AGENDA WERE DISCUSSED NEXT. .:. .:. v. PUBLIC HEARINGS PUBLIC HEARINGS B. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 20Ot-58, Which Would Change The Zoning Map Designation Of A 49.55-Acre Parcel From "Planned Unit Development" (Seminole County) To "Planned Unit Development" (Winter Springs). Mayor Partyka stated, "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2001 PAGE 16 OF 33 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. City Attorney Anthony A. Garganese read Ordinance 2001-58 by "Title" only. Mr. Carrington and Mr. McDonald addressed the Commission. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Blake pointed out the sanitary sewer and potable water portions of the zoning map amendment analysis, and stated, "The language in this document suggests that they will anticipate utilizing the County for those services." Commissioner Blake then inquired, "Is there a reason why we want to not provide utilities for this site?" Discussion followed on wholesale agreements. Commissioner Blake then said, "I just feel somewhat uncomfortable about giving up the utility revenues to the County on a c.ommercial development within the City." The Settlement Agreement was referenced and Manager McLemore stated, "I would suggest - why not use the exact language of the Settlement Agreement, and amend the documents to include that." Mr. Rick Merkle, P.E., Professional Engineering Consultants, Inc., 200 East Robinson Street, Orlando, Florida: addressed the Master Plans and commented that "The developers would be glad to get into a wholesale agreement - the County would, just as we did with the Mall, to provide the facilities to the City, but through the infrastructure that is already in place." Commissioner Blake said, "I would feel comfortable changing out the language in their section II B. 2., if you will, on page 3 with the language directly from the Settlement Agreement, specifically that portion that pertains to division of utilities on the site." Mr. Merkle stated, "I believe that the language that was in the settlement agreement would be acceptable to carry forward, I suppose at this point in time. There's nothing that we haven't already agreed to." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2001 PAGE 17 OF 33 Discl;ssion followed on wholesaling and related rates. Manager McLemore added, "It would not take us that long to come back to you and say well here is what the facts suggest - and putting that language into the Agreement. It certainly puts it into a better position enough not to negotiate." "I MAKE A MOTION THAT WE MOVE ORDINANCE 20ot-58 TO SECOND READING WITH THE AMENDMENT SUGGESTED BY COMMISSIONER BLAKE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS C. Community Development Department Director/Office Of The City Attorney Present To The City Commission For Its Consideration An Ordinance Amending Chapter 6 Of The Code Of Ordinances, And Request The Ordinance Be Approved. Attorney Garganese read the Ordinance by "Title" only and stated, "It is my recommendation that we do not do our housecleaning of our existing codes at this time because of additional amendments to the Florida Building Code which are being worked on." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Gennell asked, "Was it your intention to attach the map?" Mr. Dennis Franklin handed out a map and stated "Yes." Discussion followed on proposed wind speeds and Manager McLemore spoke of his concern with being correct. Tape 4/Side A Mayor Partyka polled the Commission on their choice of 110 or 120 wind speed designation and summarized that "It's now 110 - in terms of that particular section." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 18 OF 33 Further discussion. Commissioner Blake stated, "Based on that conversation Mayor, section 6-33. in the Ordinance - ilil would be deleted and ill should state that 'all land lying within the City limits of Winter Springs shall have a wind speed designation of 110 miles per hour." Commissioner Blake added, "Strike ilil all together and ill would just read that' all land lying within the City limits of Winter Springs shall have a wind speed designation of 110 miles per hour.' There's no geographical designation whatsoever, other than all the land lying within the City of Winter Springs." City Manager then asked Attorney Garganese, "With these changes that we made with the deletion of the section 8 - Floodway language, and the change in the wind speed, are we able to adopt this Ordinance tonight?" Attorney Garganese replied, "Under the circumstances, I believe yes." "I MAKE A MOTION WE ADOPT ORDINANCE NUMBER 20Ot-57 INCORPORATING THE CHANGES WE DISCUSSED." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. COMMISSIONER GENNELL STATED, "THAT INCLUDES THE ATTACHMENT OF THIS MAP?" COMMISSIONER BLAKE STATED, "ABSOLUTELY - OF BOTH THE MAP, THEIR FIGURE - 66-16, AS WELL AS THE GIS MAP FROM THE HURRICANE CENTER." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS D. Office Of The Fire Chief/Office Of The City Attorney Requesting That The City Commission Conduct A Second Reading And Public Hearing For Ordinance Number 2001-54 Concerning Revisions To Article III Of Chapter 7 Of The City Of Winter Springs Code Of Ordinances Concerning Fire Prevention Code. Attorney Garganese read Ordinance 2001-54 by "Title" only. Brief discussion ensued with the City Commission and Chief Lallathin on impact fees. Mayor Partyka opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2001 PAGE 19 OF 33 No one spoke. The "Public Input" portion of this Agenda Item was closed. "I'D LIKE TO MAKE A MOTION TO APPROVE" ORDINANCE 20Ot-54. MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS E. Office Of The City Manager/Office Of The City Attorney Requests The City Commission To Consider An Ordinance Limiting Members Of City Board Or Committees To Service Upon One Board Or Committee At A Time, And To Recommend A Second Reading And Public Hearing On The Ordinance. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-61 by "Title" only; pointed out that this was a First Reading and stated that "The Commission's direction was to establish a written policy limiting person's to one City of Winter Springs Board or Committee, and excluding temporary Ad-Hoc Committees from that one Board requirement. This Ordinance would amend your uniform rules and regulations for Boards and Committees by adding a subsection 'ill.'" Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2001 PAGE 20 OF 33 "MOTION TO MOVE ITEM 'E' TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS F. Not Used. PUBLIC HEARINGS G. Office Of The City Manager/Office Of The City Attorney Request That The City Commission Conduct A Public Hearing For Second Reading And Final Adoption Of Ordinance 20ot-59, An Ordinance Prohibiting A Person From Publicly Appearing Nude In Any Establishment That Is Licensed By The State Of Florida To Permit The Sale, Service, Or Consumption Of Alcoholic Beverages. Attorney Garganese read the Ordinance by "Title" only. 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 MOVE~ FOR SECOND READING AND FINAL ADOPTION OF ORDINANCE 20ot-59." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2001 PAGE 21 OF 33 PUBLIC HEARINGS H. Office Of The City Manager/Office Of The City Attorney Requests The City Commission To Consider An Ordinance Adopting An A<iministrative Procedures For The Processing Of Satisfactions Of Liens Arising Out Of Code Enforcement Fines. "MOVE TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" and commented on the Ordinance. "I MOVE TO PASS ON TO SECOND READING, ORDINANCE NUMBER 2001- 62." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS ORIGINALLY LISTED AS CONSENT AGENDA ITEM "H," BUT IT WAS MOVED TO THE PUBLIC HEARINGS AGENDA AS AN AGENDA ITEM. .:. .:~ Office Of The City Manager Requesting The City Commission Approve An Emergency Ordinance Extending The Cable Franchise Term In Favor Of Time Warner Cable Until March 1,2002. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,200] PAGE 22 OF 33 The "Public Input" portion of this Agenda Item was closed. Discussion ensued on the procedures associated with how Emergency Ordinances are passed. Attorney Garganese explained that the procedures are outlined in Chapter 166, Florida Statutes. Commis~.ioner Gennell asked Attorney Garganese, "Did we include in there - an expressed desire to have a separate education channel?" Attorney Garganese said, "It is currently not in the draft." Commissioner Gennell then explained that "The Council of Local Governments endorsed, in fact encouraged the County to - and all of the municipalities - in each of their franchise negotiations to request that a separate education channel be provided in Seminole County for Seminole County School Board; and each municipality in turn is trying to implement that; and Andrea's [Lorenzo-Luaces, City Clerk] office was checking on that." Attorney Garganese inquired, 'Was that making it mandatory that they provide it?" Commissioner Gennell added, "Yes, in other words making it mandatory that they make it available." Attorney Garganese stated, "I don't believe we put that in there, but we certainly can put it in." "I MOVE THAT AS PART OF OUR PROPOSED FRANCHISE AGREEMENT THAT WE INCLUDE THE STIPULATION THAT TIME WARNER FURNISHES TO SEr~INOLE COUNTY A SEPARATE CHANNEL FOR EDUCATION." MOTION BY COMMISSIONER GENNELL. MOTION DIED FOR LACK OF A SECOND. Commissioner Blake suggested that "Each of us get to the Manager a laundry list of things that we would like to see in there, and let them negotiate the best franchise agreement that we can get, given all of the different items." "MOTION TO APPROVE ITEM 'H.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese added, "I think one of the Commissioner's suggestions about putting a laundry list together of some of the things that you would want to see, is not a bad idea, so we can get it all as much as possible, incorporated into the draft." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 23 OF 33 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE HEARD NEXT BY THE CITY COMMISSION, IN THE ORDER AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR E. Public Works Department Having CPH Engineers, Inc. Present Conceptual Plans For The Streetscape And Landscape Design For Main Street And Magnolia Park. Mr. Terry Zaudtke, P.E., DEE, Executive Vice President/Branch Manage, CPH Engineers, Inc. 1117 East Robinson Street, Suite C, Orlando, Florida: introduced Mr. Mike Urchuk a registered Landscape Architect and Mr. Ken Steeves, Landscape Architect (both with CPH Engineers, Inc.). Conceptual plans were presented to the City Commission. Discussion. Mr. Mike Urchuk began the discussion with a presentation of the proposed Market Square conceptual plan design. Brief discussion. Tape 4/Side B A rendering of the proposed Magnolia Square was then discussed. Regarding trees, Mr. Urcnuk explained, "We do not have a tree survey at this point, but we will be getting a tree survey and we'll identify appropriate trees that we deem as necessary to save, and we'll make every effort to save those as best we can." Commissioner Gennell commented on the approximate size of this "Park." Mr. Urchuk stated, "This whole park area is approximately back to the edge of the property for the trail - is approximately 1.6 - 8 acres; and we're probably from this area back, within our property, we're maybe a third of an acre, and we're probably going to look to pick up another third of an acre beyond that within the - Trail right-of-way, so we could possibly extend the park and make it larger." Commissioner Gennell stated that "We had envisioned something with a little more space." Further, Commissioner Gennell added, "As much as I like the interactive fountain, I would prefer to have space there for people to be able to gather." Mr. Urchuk commented that "I foresee that when an event is going on, that fountain can' be turned off, and then it becomes a functional and usable space for an event that is happening." Further discussion ensued. Deputy Mayor McLeod asked, "How wide is this park and how deep is this park, roughly?" Mr. Urchuk replied, "It's approximately 240 feet from the front of the fountain back to the edge of the Trail, and about a 190 feet across." Deputy Mayor McLeod then suggested that "It would be very wise Ron, for you to have Kip put a stake CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 24 OF 33 on this end - move it out on both ends and lay that - just the four (4) corners basically- with stakes out here in this parking lot." Deputy Mayor McLeod commented on the size of the park and said that, "It would be very wise to just put a stake out here in the yard, to stake it out so when the Commission comes to the meeting they are able to visualize the size of this park." Deputy Mayor McLeod suggested to Manager McLemore that "It would behoove us to take a couple of stakes out here with a little colored flag on them and lay these two (2) different parks out." Commissioner Gennell added, "When this come back to us again, I would like for you to give us an occupancy or a capacity, a comfort level load that this would have for any small event that would be there." Mr. Zaudtke suggested that this matter would come back before the Commission at "The second meeting of January." Commissioner Robert S. Miller commented about the road that passes on the south side of the - Town Center and asked, "Is there a possibility there of looking at that as an item which could be - abandoned?" Mr. Zaudtke stated, "If the Commission wants it in there, we would have to look at other ramifications of that; and one is that the road going in to the state system which is the Trail, you know getting an easement for that. The other is that it makes the parcel to the north very small." Commissioner Miller added, "In terms of maybe making it a bit larger than it is, but I don't know what would be required to do that, I am just asking you to look at it, maybe come back." Mr. Zaudtke stated, "We'll look at it." REGULAR Office Of The City Manager G. Requesting The City Commission Set A Workshop Date In January 2002 To Review The Capital Improvement Plan. The consensus of the Commission was that this Workshop be held on January 21 S\ 2002 at 6:30 p.m. Commissioner Gennell remarked that "We're not going to have anything added on." REGULAR I. Office Of The City Attorney Requesting the City Commission Approve Resolution Number 2001-47 Amending Rule 8 Of The City Commission's Rules Of Procedure. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2001 PAGE 25 OF 33 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE DEPUTY l\1A YOR McLEOD: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Blake stated, "I would like to request in the Resolution that we just adopted, I'd like to ask you to use the timer, and use it all the time to make sure that everybody is treated equally." Mayor Partyka stated, "Absolutely." REGULAR J. Office Of The City Manager/Office Of The City Attorney Requests The City Commission Consider A Vested Rights Application Submitted By AVA Anthony, Inc., Regarding A Proposed Gasoline Station Located At The Intersection Of State Road 434 And Hayes Road. Attorney Garganese introduced this Agenda Item and in his opening remarks to the Commission stated, "I think the City could raise some significant affirmative defenses in a Vested Rights action, but I can't predict the outcome." Manager McLemore advised the Commission "Not to make a decision on the issue, specifically tonight, and in the alternative to see if you have any interest in the Staff working with the applicant to come up with a type of design that would be an asset to the community." Manager McLemore added, "Now, I need to be very straight with the applicant because I am not talking about putting up a few extra trees. I am talking about rooflines, I am talking about real architecture, to create a type of facility that would be an asset, that would have more of the look of a village filling station kind ofthing." Mr. Arron J Garovitz, Esquire, Lowndes Drosdick Doster Kantor & Reed, PA.: 215 North Eola, Orlando, Florida: as the Attorney for the developer, Mr. Garovitz addressed his client's previous actions, and possible strategies which could involve litigation. Mr. Garovitz stated, "I think what your Staff is suggesting and what we would agree to is - I would like to try to do it in thirty (30) days because we have internal issues and try to get on your Agenda in January; but sitting together and try to negotiate a - what I will call a stipulated settlement agreement before you vote, and before we even decide to go to Court I would commit to you that we will use our best efforts to do. Your staff has let us know that they are not talking about putting two (2) trees in the ground; that they are talking about something architectural that makes sense for the City of Winter Springs and we're committed to do that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 26 OF 33 Mr. Garovitz added, "Because even if we lose and even if we go to Court and lose, you are ultimately going to get a facility that like most people do, meets minimum code, and we'll give you something that's a whole lot more." Manager McLemore spoke for the record and explained, "We - get into a position where this becomes a shell game, because Corporate is going to sit back there and say - no, we want our box, that's our corporate standard, we aren't going to move, the heck - with you. And then you may be sitting here trying to negotiate something but they are just going to take something. We run into that all the time. So, I think what I would want that we are not going to play that game." Mr. Garovitz explained that "Kamil is here. He is the owner of the property. This is not a corporate store." Further, Mr. Garovitz added, "This is Kamil, who is a so-called independent. He is in a position to build what he decides to build; and this is going to be a Chevron station; but it's not a corporate Chevron station or anything and are not going to dictate to Kamil, I believe, to my knowledge - what we build. " Discussion. Tape 5/Side A Further discussion on this issue followed. Mr. Garovitz again advised the Commission of his address, and added that his direct telephone number is (407) 418-6336. Manager McLemore suggested that his plan involved the following: "We would sit down and we would try to come up with a really nice design that we think we could bring to you. - Then we would come to you and say, is this something you think we can work with or not? Then if you say yes, we think this is something we can work with; then we would memorialize that further in an agreement." Deputy Mayor McLeod asked Mr. Garovitz, "Is that basically how you see this thing working." Mr. Garovitz responded, "It could work that way." Deputy Mayor McLeod spoke of some design considerations and said "I would be in favor of the two (2) parties sitting down seeing if there is a common area, and then bring it back to this Commission and at the present time I would advise that we just table Item 'J' until the second meeting of January." Discussion followed on the possible timeline. Regarding his constraints, Mr. Garovitz stated, "I am very sensitive to the City Manager's concerns about the holidays. At the same time I can tell you that we will turn on and pay professionals to get the stuff to you pretty quickly. I would ask if we could to try to make it at the end of - January." "I WOULD MOVE TO TABLE THIS - IF A MOTION IS IN ORDER - TABLE THIS - UNTIL THE SECOND MEETING IN JANUARY AND LET THE TWO OF YOU WORK IT OUT." MOTION BY DEPUTY MAYOR McLEOD. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 27 OF 33 Commissioner Gennell added, "We supposedly have been working on a Lighting Ordinance for 434, and it hasn't really become final yet, but I would encourage you very strongly to look at the 'Hess' and that's the lighting is something I don't want to see, and I will argue against; and look at some of the other stations around here with the shielded lights, when you come back before us with something." Mr. Garovitz said, "We will bring a shielded light proposal as part of the architecture proposal." Attorney Garganese stated, "Just so it is on the record, there is a pending Ordinance that is being worked on that would require shielded lights and recessed lights for commercial establishments. " Commissioner Blake stated, "If we were to go forward with some discussions as to certain design elements or some sort of a developer's agreement or whichever animal they may choose to use, how does that affect our position in terms of the vested rights question if we are not able to come to some agreement through those discussions?" Attorney Garganese stated, "My view is and I think the applicant could concur on the record - that it's just part of settlement negotiations and doesn't have any effect with respect to this vested rights application." Mr. Garovitz stated, "We would be willing to stipulate, and it's a good thought that from, and after this meeting, until the next meeting, any discussions we had, any correspondence we exchanged would be settled in a - settlement and inadmissible in court." Discussion ensued on the vested rights issue and related Ordinances ensued. Commissioner Blake stated, "We had some discussions about this particular location and this particular situation last July when we were working on this Ordinance, but I don't see any record of those discussions in these packets here. Are those discussions something that we should pay attention to, prior to going down this road?" Mr. Garovitz said, "If I think your concern that I am hearing, although I am not sure is - that we had an intent and by settling if we do, do we lose the precedent of that - and you know, I have no doubt that we could build into the 'Whereas' clauses of a settlement or developers agreement language to cover that." Commissioner Blake then stated, "I would be in favor of settlement discussions, but I would like to make absolutely certain that, and we do have on the record that any discussions - it has been stipulated are for - purposes and can't remove any position that we might have at this point in time; but it is my intention to - if we can't come to good settlement discussions, to go through this question very carefully to come up with a determination of whether or not vested rights are in fact valid here." "I V;'OULD AGAIN LIKE TO MAKE THE SAME MOTION, BUT ALSO INCLUDE THE COMMENTS FROM COMMISSIONER BLAKE IN THAT MOTION - THAT WE - POSTPONE IT UNTIL THE SECOND MEETING IN JANUARY." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 28 OF 33 COMMISSIONER MARTINEZ ADDED THAT "WHEN THIS THING COMES BACK, I WOULD LIKE TO SEE A DATED RE-APPLICATION FOR THIS PROJECT, BECAUSE THE ORIGINAL APPLICATION EXPIRED." COMMISSIONER MARTINEZ ALSO SAID, "I WANT TO SEE THE APPLICATION THAT WAS REINSTATED SUBSEQUENT TO THE FIRST APPLICATION HAVING EXPIRED OR LAPSED." COMMISSIONER MILLER ASKED COMMISSIONER MARTINEZ ABOUT HIS PREVIOUS REMARKS; AND COMMISSIONER MARTINEZ STATED, "SINCE THE ORIGINAL AI'PLICATION EXPIRED, I WANT TO SEE THAT RE-APPLICATION, THE DATE ON THAT RE-APPLICATION." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Mayor Partyka said to Mr. Garovitz, "Contact Mr. McLemore, work out a time, and in general I would only say, try to speed this up so we are not going to the last minutes." Mr. Garovitz stated, "I will do that, he'll have a call tomorrow." REIJULAR K. Office Of The City Manager/Office Of The City Attorney Present To The City Commission A Development Agreement For Its Consideration Pertaining To The Development Of Real Property Located Along State Road 434 Along Wagner's Curve. With consensus of the Commission and Manager McLemore, it was agreed that this Item be taken off this Agenda. "I MOVE TO EXTEND THE MEETING." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Deputy Mayor McLeod departed the Meeting at 10:56 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10,2001 PAGE 29 OF 33 ADD-ON REGULAR L. Office Of The City Manager Requesting The City Commission To Consider Approval Of An Assignment Of Responsibilities And Assets Of J.D.C. Calhoun, Inc. (JDC) To Capital Green 1, LLC (CGI) And Related Certification. "I'LL MOVE TO APPROVE ITEM 'L.'" MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. ADD-ON REGULAR M. Office Of The City Manager Requesting The City Commission To Consider To Approve An Agreement Between The City, Avery Park LLC, And Morrison Homes, Inc. To Expedite Building Pe:mits For Avery Park. Manager McLemore introduced this Agenda Item. Attorney Garganese stated, "I would like an opportunity to prepare - an 'Indemnity' and 'Hold Harmless' provision to be included in the agreement, and 1 may want to make some other technical word changes." Attorney Garganese added, "I may want just the authority to make some technical amendments and add the 'Indemnity. '" "MOTION TO APPROVE WITH THE RECOMMENDATION BY THE ATTORNEY." MOTION BY COMMISSIONER MARTINEZ. Commissioner Blake said, "If I read this agreement correctly, they will not be able to even pull a single permit past these five (5), plus the - front end, the amenities, until everything is..." Manager McLemore added, ".. .The plat is recorded." "MOTION TO APPROVE ITEM CORRECTIONS STATED BY COMMISSIONER MARTINEZ. DISCUSSION. 'M' WITH THE ADDITION AND THE CITY ATTORNEY." MOTION BY SECONDED BY COMMISSIONER BLAKE. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER ]0,2001 PAGE 30 OF 33 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS B. City Manager - Ronald W. McLemore Manager McLemore advised the Commission about the Dyson Drive annexation and that it will require a lot of work, and that there are no guarantees as to the outcome. Next, Manager McLemore commented on the Moss Cove project and that Seminole County has imposed "Another - inspection above what we have done, in building inspections and that kind of stuff; that in order for them to release additional funds, that it in fact requires that there is water for all the - final ten (10) units to be on, at the time of the inspection." Manager McLemore then said to the Commission that he thought it was "An unnecessary burden, and I don't want to charge them" the additional monies to turn the water on." "I AM PREPARED TO MAKE A MOTION THAT THERE IS SUFFICIENT PUBLIC INTEREST AT STAKE - THAT WE WAIVE THE WATER TEST FEES FOR THE MOSS COVE PROJECT." MOTION BY COMMISSIONER GENNELL. COMMISSIONER BLAKE SUGGESTED, "I WOULD STILL SEE IT AS BEING A PUBLIC PURPOSE AND STILL CHARGE THE FEES, BUT SIMPLY MAKE A TRANSFER FROM THE GENERAL FUND TO COVER IT." COMMISSIONER GENNELL REVISED HER MOTION TO INCORPORATE THIS COMMENT AND CLARIFIED, "THAT'S MY MOTION." MAYOR PARTYKA ADDED, "THAT'S THE MOTION." DISCUSSION. SECONDED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 31 OF 33 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS C. City Clerk - Andrea Lorenzo-Luaces Ms. Lorenzo-Luaces advised the Commission that the new Code of Ordinance's first supplement has been received; that the Code Books on the dais are being revised, and this supplement has taken us through March 26, 2001. Ms. Lorenzo- Luaces added, "We are working on the next supplement to take us through the end of the year, and we will get that out in the next couple of weeks." REPORTS D. Commission Seat One - Robert S. Miller Commissioner Miller said, "I would like to see this Commission direct the Mayor to send a letter to - the consultants that are doing the design work on the 434 roadway between 17/92 and 419." Commissioner Miller explained that it is in the design process; that Mr. Carrington has the name of the company doing the work; and further suggested that "We try and work with the County to put some pressure on them or work with them to try and move this up." Tape 5/Side B Mayor Partyka stated, "I will talk with you on that City Manager." REPORTS E. Commission Seat Two - Michael S. Blake Commissioner Blake remarked about the poor state of the "Islands on 434, specifically between 419 and Central Winds Park." Discussion followed on the contractor's poor work, and how can these projects be managed better. Commissioner Blake mentioned that Governor Bush has appointed him to serve on the "Greenways and Trails" Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 32 OF 33 REPORTS F. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez reminded the Commission that something still has to be done to honor the former City Clerk. Next, Commissioner Martinez asked that Manager McLemore involve Mr. Kipton D. Lockcuff, P.E., Public Works/Utility Department Director or another Staff person on the issue dealing with Florida Power and the lights along Winter Springs Boulevard. REPORTS G. Commission Seat Four - Cindy Gennell Regarding the Water Rate study, Commissioner Gennell pointed out that "I believe it's on Sanford's Agenda tonight, the Second Reading of an Ordinance dramatically increasing their water rates, so I would like to see that increase - our study updated to reflect that increase." Commissioner Gennell then wished everyone Happy Holidays. REPORTS H. Commission Seat Five - David W. McLeod No Report as Deputy Mayor McLeod had departed the Meeting. REPORTS I. Office Of The Mayor - Paul P. Partyka Mayor Partyka stated, "Remember we hired a consultant to come up with annexation stuff in terms of presentation materials - and we still don't have it. What's interesting is the additional stuff that we've put down for Dyson, which is the benefits for joining for the City, I think is very, very good. I mean that's the kind of stuff that ought to be formalized in something, in a brochure format or whatever, so each one of us, and people out there can all read the same thing. So again, my only comment is where is all that stuff that we were working on, as it comes to annexation, and so we can do all those things?" Mayor Partyka added, "So, if you could just determine that - again for January's meeting." Brief discussion. Mayor Partyka also wished everyone Happy Holidays. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10, 2001 PAGE 33 OF 33 VIII. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka adjourned the Regular Meeting at 11 :21 p.m. RESPECTFULLY SUBMITTED: ZO-LUACES, CMC .... -~ ~A:UL p:, PARTYKA; ,; .. '" -- NfAYOR'" ~- ~--_-~ :': "/.- ---'-'~;;-('" . .:- q'-';" NOTE: These minutes were approved at the January 14,2002 City Commission Regular Meeting.