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HomeMy WebLinkAbout_2002 10 28 City Commission Regular Minutes EXEMPTION CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 28, 2002 I. CALL TO ORDER The Regular Meeting of October 28, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, arrived at 6:32 p.m. Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:36 p.m. A moment of silence was called by Mayor Partyka who mentioned that the wife of a member of the City's Planning and Zoning Boardllocal Planning Agency had passed away earlier today. The Pledge of Allegiance followed. Commissioner Robert S. Miller arrived at 6:32 p.m. After Agenda Changes, Mayor Partyka noted that on behalf of the City, he had just received a plaque from the Winter Springs High School Athletic Boosters. Mayor Partyka showed the plaque to those in attendance, and stated "We'll put that up on the wall. " II. PUBLIC INPUT Mr. Medford McCoy, 144 Brookshire Court, Winter Springs, Florida: asked what happened to the light globe "On the top of the northwest corner of [State Road] 434 and Parkstone. " City Manager Ronald W. McLemore explained that the item noted has already been ordered. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28,2002 PAGE 2 OF 24 Mr. McCoy then stated that upon entering the new Town Center "Off of [State Road] 434, coming west from Tuskawilla Road and I would say that that curb cut is extremely inadequate - it needs to have a bigger relief coming out between the sidewalk and the street." Further, Mr. McCoy said, "I drove past the Publix, took the left turn, came up and tried to make a right turn out of that same entrance - same problem - I ended up with my front fender in the left lane, not the right lane." Mayor Partyka stated, "Mr. [Shane] Doran is here. We will just pose that question to him." Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked Deputy Mayor Cindy Gennell for judging the Oak Forest Halloween costume party; and noted that he had attended a recent Seminole County Commission meeting and that County Commissioner Randy Morris should be in touch with City Officials regarding the proposed Master Plan for the Jetta Point property. Ms. Yvonne I Froscher, 623 Sailfish Road, Winter Springs, Florida: noted that she had reviewed the Development Agreement for the Orange Avenue property on tonight's Agenda and suggested that the $25,000.00 Bond be higher to handle any real problems; spoke of her concern with possible contamination; and suggested that a security fence would be a very good idea. Ms. Froscher also mentioned her concern with numerous dump truck trips affecting the City's new Town Center. City Attorney Anthony A. Garganese arrived at 6:36 p.m. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke about her concern with the more elaborate, color versions of the Winter Springs "Insider" and felt that it was being too editorialized. Mr. Mike Schreffler, 1160 Winter Springs Boulevard, Winter Springs, Florida: introduced himself as the new store manager of the Town Center Publix and remarked that the Grand Opening is scheduled for November th, 2002. .:..:. AGENDA NOTE: DISCUSSED NEXT. .:..:. THE FOLLOWING PUBLIC HEARING WAS CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 3 OF 24 V. PUBLIC HEARINGS PUBLIC HEARINGS D. Community Development Department - Land Development Division Presents To The Commission, In Its Capacity As The Development Review Committee (DRC) The Recommendation Of The Staff DRC As It Relates To The Request Of Publix For A Special Exception To Allow Helium-Filled Balloons And Possibly Other Prohibited Signs As Part Of The Publix Grand Opening At The Town Center. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department addressed the Commission on this Agenda Item. Documents were handed out and shown to those in attendance. Discussion. Regarding the Grand Opening banners and flags, Commissioner Michael S. Blake inquired "If the flags along [State Road] 434, that actually would they be within the stated right-of-way?" Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director stated, "I would suggest that the area behind the sidewalk to the curbing on frontage road is private property, and that is where it probably should be." Commissioner Blake added, "That would be the south side of the frontage road but the north side of the sidewalk." Mr. Lockcuff said, "Correct." Manager McLemore suggested that the glass enclosures on the [State Road] 434 side of the Publix be utilized for some of the Grand Opening flags. Mr. Schreffler stated, "That would definitely be something we would be interested in." Deputy Mayor Gennell stated, "I would rather see the merchants and the opening people be able to work this through with Staff - they usually interpret our Code on the conservative side anyhow." Deputy Mayor Gennell added, "Only when there is a peculiar thing like the balloons should it come forward." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 4 OF 24 "I WILL JUST MAKE A MOTION THAT WE APPROVE THE SPECIAL EXCEPTION - TO ALLOW THE FLAGS, THE BANNERS AND - ALSO YOU HAVE TO COME IN AND PUT IN AN APPLICATION FOR THAT AND PAY YOUR FEE - THE FLAGS MUST BE IN A POSITION THAT ALLOWS AN ADEQUATE LINE OF SITE FOR THE INTERNAL/EXTERNAL TRAFFIC MOVEMENTS AND COMPLY WITH ALL THE APPLICABLE CODES AND REGULATIONS - AND IF THOSE FLAGS CAN BE SET THERE INSIDE OF THE SIDEWALK, I DO NOT HAVE A PROBLEM WITH THAT." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. MANAGER McLEMORE ADDED, "I AM ASSUMING THAT IS SITTING DOWN WITH STAFF." MAYOR PARTYKA STATED, "RIGHT." VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka said, "Mr. [John] Baker just help him out, in terms of all the details." .:..:. AGENDA NOTE: PUBLIC INPUT WAS CONTINUED WITH, AS DOCUMENTED. .:. .:. II. PUBLIC INPUT Mr. Corey Green, : addressed the City Commission on his concerns with an article about the Winter Springs Firefighters in the recent copy of the Winter Springs "Insider." Mr. Hans Hudtwalcker, 638 Cheoy Lee Cire/e, Winter Springs, Florida: thanked the City Commission for their assistance with the construction behind his property in the Oak Forest subdivision; showed some photographs of the wall; and asked for assistance with the relocation of a dumpster. Commissioner Blake stated, "For us to really address this correctly, we need to have this come back to us as an Agenda Item with the site plan that is going to show exactly where these items are." Commissioner Blake further said, "I would like to this come back to us at the next Meeting as an Agenda Item." Commissioner Miller agreed and stated his preference to further discuss this issue, "At the next Meeting in two (2) weeks." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 5 OF 24 Mayor Partyka recognized former Mayor John F. Bush who was in the audience. III. CONSENT CONSENT A. Finance Department/Board Of Trustees Is Requesting The City Commission Approve Its Selection Of Trusco Capital Management (SunTrust) As The Provider Of Investment Management Services For The Cities Defined Benefit Pension Plan And Authorize The City Manager To Enter Into Contract With Trusco In Accordance With The Cities Retirement Investment Policy. Commissioner Blake spoke of a "Review of the Pension Plan from the standpoint of its funding level." Commissioner Blake added, "I would like to see that come back before us with a discussion of whom we should have take a look at this issue and give us some good advice on this." Manager McLemore said, "We recently had an evaluation done and we'll bring it back to you for discussion." CONSENT B. Public Works Department Requesting An Additional Authorization For The Construction Of A Temporary Road From Hickory Grove Road To The High School. Brief discussion. CONSENT C. Fire Department Requests Authorization To Expend $25,000.00 From The Fire Impact Fee Fund To Purchase A Used Midi-Pumper For The Fire Sub-Station At City Hall. CONSENT D. Parks And Recreation Department Requesting City Commission Approval Of The Sunshine Park Design Services Proposal From Starmer/Ranaldi Planning & Architecture, Inc. CONSENT E. Parks And Recreation Department Requesting Authorization To Piggyback Off Of The Orange County School Board Contract # 02-02-01VH To Purchase A John Deere 1600 Wide Area Mower For Parks Maintenance. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 6 OF 24 CONSENT F. Parks And Recreation Department Requesting Authorization To Piggyback Off Of The Seminole County Bid To Purchase A 2003 Ford F-550 Truck For Parks Maintenance. CONSENT G. Office Of The City Clerk Approval Of The October 7, 2002 City Commission Special Meeting Minutes. CONSENT H. Office Of The City Clerk Approval Of The October 14, 2002 City Commission Regular Meeting Minutes. Mayor Partyka stated, "I would be looking for a Motion to approve the Consent Agenda." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. IN FORMA T10NAL B. Public Works Department Responding To The City Commission On The Request For A Blood Bank Sign. INFORMATIONAL C. Utility/Public Works Department Updating The City Commission On The Status Of The Proposed Utility/Public Works Compound. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 7 OF 24 INFORMATIONAL D. Utility Department Responding To The City Commission On The Water Main Size For The Barrington Estates/Belfaire/Battle Ridge Project. Mayor Partyka stated, "I would be looking for a Motion to approve the Informational Agenda. " "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Presents To The Commission, The Second Reading Of Ordinance Number 2002-30, Which Will Vacate And Abandon A 106.00 Foot Long Segment Of A 5 Foot Wide Utility Easement, Located Along The West Side Lot 9 Of Highland Village One (317 Kirkcaldy Lane). 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 e/osed. Commissioner Edward Martinez, Jr. said that at a previous Meeting, "Commissioner Miller came up with a couple of catches - have they been implemented?" Attorney Garganese stated, "Yes, we did implement Commissioner Miller's suggestion." "MOTION TO APPROVE COMMISSIONER MILLER. DISCUSSION. ORDINANCE 2002-30." MOTION BY SECONDED BY COMMISSIONER BLAKE. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 8 OF 24 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS B. Office Of The City Attorney Requests The City Commission Consider Second And Final Reading Of Ordinance Number 2002-31 That Would Amend The City Code Regulating Screen Enclosures, Provide A Definition For Screen Enclosure, And Provide For Setback, Height, And Other Requirements Regarding Screen Enclosures Under The City Code. Attorney Garganese read Ordinance 2002-31 by "Title" only. Attorney Garganese noted one (1) typographical error, and stated, "On page 4, the top of the page, it refers to a subsection (Q) - that should be subsection (f)." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was e/osed. Tape I1Side B "MOTION TO APPROVE ORDINANCE 2002-31 WITH THE CORRECTION POINTED OUT BY THE CITY ATTORNEY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 9 OF 24 PUBLIC HEARINGS C. Community Development Department - Land Development Division Requests The City Commission Conduct A Public Hearing For The Second Reading Of Ordinance 2002-32 To Amend The Official Zoning Map Of The City Of Winter Springs By Changing The Current Designation Of The Approximately 1.0 Acre (1.37 On Tax Map And Associated Information) Subject Property, Located At 240 Old Sanford-Oviedo Road From The C-2 District To The 1-1 District. Attorney Garganese read the Ordinance by "Title" only. Mr. Baker spoke briefly regarding Minutes from the Planning and Zoning Board/Local Planning Agency. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was e/osed. "MOTION TO APPROVE ORDINANCE 2002-32." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING ISSUE WAS DISCUSSED NEXT AS AN ADD-ON REGULAR AGENDA ITEM, BASED ON THE DOCUMENT INCLUDED WITH THESE MINUTES, NOTED AS ATTACHMENT "A." .:..:. VI. REGULAR ADD-ON REGULAR Office Of The City Manager Requesting The City Commission Discuss Issues Related To The Town Center And Specifically The Proposed Wendy's. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 10 OF 24 Manager McLemore and Mr. Baker presented their introductory comments to the City Commission. Mr. Shane Doran, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: explained to the City Commission what he was requesting. Commissioner Blake stated, "What satisfaction does the developer have that the final plan they think they have hammered out is the real plan if it didn't come back before us?" Manager McLemore said, "I think what we could do is just document in writing that we reviewed everything and if we are all in agreement, we will just document it in writing and file that with you at the next Commission Meeting as an Informational Item." Further discussion ensued. Commissioner Blake then stated, "All the changes on the updated site plan except for Wendy's, we give to Staff to hammer out - you bring us back what you completed, put it on our Informational Agenda for two (2) weeks - from tonight and we either approve it on an Informational Agenda - you don't have to be here - or we do not disapprove it; then we go two (2) weeks later and say we have got a problem - the Commission has a problem with these issues and see if we can hammer that out." Mr. Doran stated, "That's perfectly acceptable to me." Mayor Partyka stated, "Two (2) Commissioners are saying take a look at that." Mayor Partyka then asked the rest of the City Commission for their input. Commissioner Martinez stated, "My recollection of what transpired the last time we were here were some issues - clock, elevation, and a few others and our direction was for Staff to sit down with them between the last Meeting and this one and resolve those issues. Have they been resolved?" Mr. Doran responded, "Those were minor comments to the elevations we presented and I understand it is going well. I don't have my Architect here today to address them, but I understand that we have made those revisions and Staff is happy with them." Commissioner Martinez added, "The same with the Commissioners, if you think you can work these things out between yourself and Staff to your satisfaction - the Contract Agreement within Code." Mayor Partyka then stated, "Commissioner Gennell? Same Way?" Commissioner David W. McLeod inquired of Mr. Doran, "We are only talking about site plan issues correct?" Mr. Doran stated, "That's correct." Commissioner McLeod then asked, "No elevations, changes of buildings or changes of - the clock tower or what happens to the corner next to it?" In response to Commissioner McLeod remarks about the building next to the clock tower, Mr. Doran stated, "That corner - you are correct." Furthermore, Commissioner McLeod said, "Would you mind going down the list of the items that you are looking to discuss with Staff - for the site plan." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 11 OF24 Mr. Kevin Collins, Avid Engineering, 7208 West Sandlake Road, Orlando, Florida: spoke on the record about thirty-seven (37) "Drawing Revisions." Commissioner McLeod stated, "Basically, you and Staff are going to discuss 1 to 23 with the exception of item 3 which will be discussed this evening which is the fast food restaurant." Mr. Collins responded, "That's correct." Commissioner McLeod then said, "I would agree to that." Mayor Partyka summarized the preference of the Commission as "We have all agreed to that." Mr. Collins pointed out, "The revisions go up to 37, numbered consecutively for the revisions to paving" grading and drainage." Mayor Partyka remarked, "We will assume that in the record - it is those 37 items that are already on the plan and Mr. Baker will review those, along with Staff." Mr. Baker then commented, "Where they are moving some dumpsters - especially around buildings 1 and 2, they are putting them out into the parking lot and I think that may be a policy item - where they are going." Mr. Baker added, "The location of those dumpsters could be something you need to look at, whether or not you like them where they are proposing them, because they are moving." Mayor Partyka stated, "City Manager, can't you handle this as we discussed earlier?" Manager McLemore responded, "I think so. You have a new Code requirement that all these need to be closed - and we'll work on it." Mr. Doran added, "We are not simply moving them. Our earlier plan was conceptual. Some are created, we don't know how many restaurants we have, our plan is evolving and there is really nowhere else to put them." ISSUES RELATED TO A WENDY'S RESTAURANT WAS DISCUSSED NEXT. Regarding certain drive-thru plans, Manager McLemore first stated, "You have been put on notice in writing by Ian [Lockwood, Civil Engineer, Glatting Jackson] that this configuration that has been presented is a safety problem. Discussion. Mr. Ron Donley, 2699 Lee Road, Winter Park, Florida: as a representative of the Wendy's Corporation, Mr. Donley spoke of his concern with various drive-thru plans and stated that regarding the proposed preferred design, "We've worked the dumpster into the building so you don't even look like you have a dumpster behind the building - it totally looks like a courtyard, instead of a dumpster." Mr. Doran read a portion of a letter into the record from Turgut Dervish, P .E., of Traffic Planning and Design, Inc.. Tape 2/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 12 OF 24 Discussion followed on the plans and proposed drive-thru's. Commissioner McLeod stated, "I do remember this bottleneck instance that we have showing on this plan, that actually showed two (2) roads coming to a point, that you - went back and did some work - we agreed to change that. Is that not this location? Mr. Doran responded, "Yes - everything is the same as we have here - turnaround arrow - we changed it, separated it; it's two-way - we are literally talking about turning an arrow around and re-striping is the only site plan change we are asking for. To be honest about it, it was a clerical error on my staff that 'Fast food' wasn't written on that." Further discussion related to the "Order point" and a varied landscape plan were covered next. Discussion. Tape 2/Side B Deputy Mayor Gennell suggested, "If we have even potentially good pedestrian traffic there, why don't we put a little walk light - right there on the right side of the crosswalk to the Wendy's from the park area." Deputy Mayor Gennell added, "I would encourage you to look at - a push-button - for safety's sake." Commissioner McLeod suggested that we use something like a "Sign that says 'Yield to pedestrians, pedestrians have the right-of-way. ", Additionally, Commissioner Blake recommended "This walkway as it goes across, make it a raised brick crosswalk - like a speed hump, except it is brick or pavers, and cars go up - it is four feet (4') and then they go back down." Furthermore, Deputy Mayor Gennell pointed out that in "Downtown Sanford, and it has that crosswalk right on First Street and it has stop signs on both ways and it says, 'Stop when pedestrians are in the crosswalk." Manager McLemore stated, "You are agreeing to this configuration of that intersection which gets rid of a real conflict point at least in this intersection?" Mr. Doran stated, "I am." Mayor Partyka noted that "The exhibit we are looking at Mr. McLemore is Exhibit 'c' in our handouts of the packet that is dated 10/25." Manager McLemore added, "The u-shaped drive." "FOR THE WENDY'S SITE IN THE TOWN CENTER, THAT WE APPROVE THE DRIVE-THRU CONFIGURATION NOTED AS EXHIBIT 'C,' WHICH INCLUDES THE U-SHAPED DRIVE- THRU ACCESS AND IT WOULD HAVE A PEDESTRIAN CROSSING THAT IS A RAISED FOUR FEET PAVER TYPE APPARATUS THAT IS SIGNED WITH WARNING SIGNS THAT THERE ARE PEDESTRIANS AND THAT YOU MUST STOP FOR A PEDESTRIAN OR WHATEVER STAFF FEELS IS APPROPRIATE IN NORMAL TRAFFIC CONTROL GUIDELINES FOR THAT AREA." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE ADDED, "THAT DOES INCORPORATE THE RECONFIGURATION OF THE OLD DUAL ACCESS INTERSECTION- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28,2002 PAGE 13 OF 24 IT WOULD BE DIRECTLY ON THE NORTH SIDE OF THE PARCEL." SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION AND THAT WOULD BE THAT THAT PORTION OF THE U-SHAPED BE MOVED OUT ON THE EASTRL Y SIDE OF THE BUILDING TO GIVE A LITTLE MORE GREEN - AT LEAST FIFTEEN FEET (15') BETWEEN THE BUILDING AND THE DRIVE- THRU FOR LANDSCAPING PURPOSES, WITH THE WESTERLY SIDE, AS YOU ARE EXITING THAT TO HAVE IN THAT AREA THAT SOLID LINE THAT IS COMING DOWN THROUGH THE CENTER BETWEEN THE TWO (2) ARROWS - HOW CAN WE ADDRESS THAT SO THAT EITHER WITH A PAVER OR A LINE OR A SEPARATION - AND THE LANDSCAPING IS NOT THE ANSWER - SOMETHING THAT INDICATES THAT YOU DO HAVE A SECONDARY TRAFFIC FLOW." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER McLEOD NOTED, "IN THE EASTERLY LANE COMING BY YOUR BUILDING, WHEN I GET TO THE STREET I ACTUALLY WANT TO TURN RIGHT. I HAVE GOT TWO (2) CARS THERE - I SEE IT IS ONE-WAY - BUT THE STREET I AM ENTERING INTO IS A TWO-WAY, I WANT TO TURN FROM THAT LANE, AND I WANT TO GO TO MY RIGHT COMING OUT OF THERE - THE CAR ON MY RIGHT, WANTS TO TURN LEFT. WOULD THE ENGINEERS ADRESS THAT PLEASE." FURTHER, COMMISSIONER McLEOD STATED THE MOTION WAS "ON THE EASTERLY SIDE, TO MOVE OUT THAT U-DRIVE AT LEAST FIFTEEN FEET (15'), ON THE WESTERLY SIDE, ADDRESS THE FLOW OF TRAFFIC COMING OUT OF THAT WENDY'S." VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. VOTE: (ON THE ORIGINAL MOTION) COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 14 OF 24 Mayor Partyka stated, "You have at this point in time, "Exhibit 'c' as discussed here, without the necessity of moving the driveway to the east." Mr. Doran spoke on the temporary signage issue, and clarified his earlier comments about the clock tower: "It is a clock tower - there is no pylon, it's a clock tower accent feature focal point." Further, Mr. Doran stated, "I need to get temporary power to these things and get them on." Discussion also ensued on the status of the road. Mr. Doran asked, "Is there the possibility of me doing a temporary sign that would be cheap, so that I could rip it out later?" Manager McLemore inquired, "And for what period of time? Sixty (60) days?" Mr. Doran responded, "Until you get the road ready for me to put the clock towers in - it wouldn't be a set amount oftime - it would be when you get the road ready for me to build the clock tower. You give me thirty (30) days notice. I'll commence it, pursue it diligently and once it is up, lit, and permanent, I will remove the other one within two (2) days." Manager McLemore then asked, "Are we talking about the same square footage - copy area similar to that?" Mr. Doran said, "I would imagine it would be roughly the same." Commissioner Blake then asked, "Why is Tuskawilla Road not done?" Discussion ensued on this and the status of the storm water pond. Manager McLemore stated, "Tonight - we are not prepared to give you a factual - point by point report tonight, but we certainly look forward to doing that." With discussion, Commissioner Blake stated, "I think the questions are clear, and I think the answers should be forthcoming - directly." Discussion. Regarding the Agreement related to the clock tower, Commissioner McLeod stated, "Mr. McLemore and his Staff were to get with the City Attorney and get the document taken care of and handled." The status of the document in question was further discussed. Commissioner McLeod asked Attorney Garganese, "Is it something that in the next couple of days that could be done, where a type of a document could be filed with the County to give Mr. Doran the right to build this tower or temporary power within the roadway right-of-way?" Attorney Garganese stated, "Sure." Tape 3/Side A Further discussion ensued on the clock towers and Mr. Doran stated, "If it would make the Commission more comfortable I would obligate myself to a completion date that was linked to the arrival of the clocks." Further, Mr. Doran added, "Or it would link it to - a C.O. [Certificate of Occupancy] or something." Commissioner Martinez stated, "Point of Order" and spoke of Mr. Doran needing an immediate solution. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 15 OF 24 Next, Commissioner McLeod spoke of a letter from the contractor building our retention ponds and roads and said, "It appears there were some questions that had been asked, quite some time ago by the contractor that have not been answered by our engineering consultants." Commissioner McLeod added, "Somebody needs to respond to it and I would hope the Commission gets copied - by our consultants, by our City Manager, by whomever here." "I MOVE THAT THE CITY MANAGER ASSIGN A STAFF PERSON TO GET WITH SHANE DORAN WITHIN THE NEXT TWENTY-FOUR (24) HOURS AND GET SOME TEMPORARY SIGN APPROVED TO GO UP OUT THERE - SO HE CAN GET IT UP AND GET STARTED WITH ALL THE RESTRICTIONS AS FAR AS LINKING IT TO SOME EVENT WHEN HE WILL TAKE IT DOWN." MOTION BY DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL ADDED, "I MADE A MOTION THAT YOU ASSIGN ONE PERSON FROM YOUR STAFF TO WORK WITH HIM TO MAKE SURE THAT WHAT HE PRODUCES AND GETS TO YOU - WHETHER IT IS FAX'D, IN HAND, OR WHATEVER, GETS DEALT WITH WITHIN TWENTY-FOUR (24) HOURS." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER McLEOD ASKED MANAGER McLEMORE, "IS THIS SOMETHING THAT YOU ARE GOING TO MAKE SURE THAT IF THERE IS AN IMPASSE, THAT YOU ARE GOING TO BE ABLE TO JUMP RIGHT ON IT AND GET THE DETAILS WORKED OUT QUICKLY." MANAGER McLEMORE STATED, "I WOULD SAY IT IS - I WOULD JUST AGREE THAT IF THERE IS A PROBLEM THERE ARE TWO (2) PEOPLE I CAN CALL AND GET AN ANSWER." COMMISSIONER McLEOD CLARIFIED, "ARE YOU TALKING ABOUT THE ORIGINAL MEMBERS OF THAT COMMITTEE?" MANAGER McLEMORE STATED, "IT WORKS FOR ME IF IT WORKS FOR THE COMMISSION." MAYOR PARTYKA ADDED, "I BELIEVE THAT COMMITTEE IS THERE ALL THE TIME AS A REFERENCE POINT - THIS COMMISSION HAS ANNOUNCED THAT." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. The issue of Stormwater was discussed next and Mr. Doran inquired, "Why isn't it ready?" Manager McLemore stated, "We will do everything we can to move this contractor along as quickly as we can." With additional discussion, Mayor Partyka summarized that "Realistically, it seems to me that this - is going to be done within a week and if necessary, this can be opened up to be used, if necessary." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 16 OF 24 Furthermore, Mayor Partyka stated that "It seems to me that on the Stormwater issue, based on the comments - from a practical standpoint is solved. We should have that other thing done in a week and then if an emergency surfaces - we could actually pull the plug and use that." Improving communication between all parties was briefly discussed next along with the status of curb cuts; and whether a subcommittee should work on the issue involving the lighting in the Town Center. Regarding the lights in the Town Center, Commissioner Miller stated, "I would like to see the original concept adopted or enforced." Commissioner Martinez suggested, "I think that these issues have to be resolved by you and Staff." Manager McLemore stated, "I think on the lighting issue, this is one we ought to bring back to the full Commission - I think it is something we can get back to you probably at the next Meeting." Discussion ensued on related lighting issues and the respective plans. Regarding the issue of lighting and a possible impasse, Mr. Doran stated, "I would be willing to pursue it for two (2) to three (3) more weeks and see if we reach a solution with Mr. McLemore. I would be willing to do that - I would if the City Manager will give me his sincere promise that he has a sincere desire to bring this to a head and - that whatever we come up with, will not come to this Commission, because I think it is unfair and this happens to me often with no recommendation one way or another, because that is unfair to me." Further, Mr. Doran suggested that, "If we agree on it, I want a letter before it is on the Agenda stating his support of it." Commissioner McLeod stated, "Sounds reasonable to me." Deputy Mayor Gennell stated, "Mr. McLemore usually brings something to us with a recommendation one way or another. That's doesn't mean that we will agree with that." Commissioner Blake was in agreement. Mayor Partyka summarized - "Go to it again, discuss it." Mayor Partyka called a break at 10: 18 p. m. The Meeting reconvened at 10:28 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA ITEMS WERE DISCUSSED NEXT IN THE ORDER AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR A. Finance Department Requesting The City Commission Approve The City Of Winter Springs Central Service Cost Allocation Plan And Accept Recommendations Contained In The Community Development Service Cost Analysis Report Prepared By GSG. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28,2002 PAGE 17 OF 24 Ms. Louise Frangoul, Finance Department Director introduced Mr. Skip Burnside with Government Services Group, Inc. Tape 3/Side B Mr. Skip Burnside, Consultant, Government Services Group, Inc., 150 Mahan Drive, Suite 250, Tallahassee, Florida: presented a synopsis of their full service Cost Allocation Plan to the City Commission. Discussion. Commissioner Miller asked Mr. Burnside, "Does Staff analyze this and comes back with recommendations to the City Commission that the following fees need to be adjusted?" Mr. Burnside responded, "I have given you data on that - the specific thing would be to come back and looking at our recommendations, come back in here with a Resolution/Ordinance, whatever - that would make the changes in the appropriate fees - again to raise the fees up so that they cover costs." Commissioner Miller then inquired of Mr. Burnside, "Based on the data that you provided, what would be a logical time frame for this to happen in the City of Winter Springs?" Mr. Burnside added, "I would think that it could clearly be done in sixty (60) days." "I MAKE A MOTION WE APPROVE THE CONSULTANTS REPORT AND DIRECT STAFF TO BRING US BACK THEIR RECOMMENDATION OF ANY CHANGES." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR H. Community Development Department Requesting Commission Consider And Approve A Development Agreement For A 4.42-Acre Tract Owned By Mr. Chanh Nguyen, Located On The South Side Of Orange Avenue, Generally East Of Central Winds Park And Generally North Of The Winter Springs High School. The Development Agreement Addresses Filling An Existing Borrow Pit. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced this Agenda Item and noted Staffs recommendation for approval. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE I80F24 Mr. George B. Wallace, Esquire, 700 West First Street, Sanford, Florida: addressed the City Commission and asked for consideration regarding some changes to the proposed Agreement. Regarding 5.3 as noted on page 2, Mr. Wallace stated, "The only improvement to be done to the property is the placement of a construction trailer - hidden within the interior of the property so that it is somewhat concealed." Further, Mr. Wallace said, "That's the only improvement to this property - that's a temporary construction trailer that will in all likelihood be removed as soon as this project is completed, so we are asking that those - five (5) lines which end with the words 'The City' on the next page be deleted, and just going forward with the construction trailer or office being located in the interior part of the property and allowing my client to proceed with the engineering plans which he has already submitted." With discussion, Commissioner Blake stated, "My question is - these sections the applicant is requesting that we strike from the Agreement, I would like a recommendation from Staff as to whether we should agree to that language being struck or whether we should ask for that language to be held into it?" Commissioner Blake then asked, "Are we allowing the placement of that trailer for a specific period of time?" Mr. Wallace stated, "We are estimating eighteen (18) months." Discussion ensued on the dump trucks that will be involved in this project. Mr. James Meade, 5361 Young Pine Road, Orlando, Florida: explained to the City Commission that "The materials that we are going to be hauling is going to be dry concrete rubble and dry dirt." Truck loads; the quantity of trucks that will be involved; and repairing the slope was further discussed. Commissioner Blake stated, "We want a site plan, we want it drawn up - where the fill is going to go..." Manager McLemore added, " . . . Where the ingress/egress points are." "I MAKE A MOTION THAT WE FINISH THIS ITEM AND ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. Commissioner Blake stated, "Point of Order. " "MOTION TO WAIVE THE RULES." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 19 OF 24 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE MOTION DID NOT CARRY. Mayor Partyka stated, "The Motion is out of order." "I MAKE A MOTION TO EXTEND BY ONE HOUR." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. "I MAKE A MOTION WE ADJOURN IMMEDIATELY FOLLOWING THIS ITEM." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mr. Wallace then noted that on page 3 of 9, specifically paragraph 6.0, a memorandum indicated there would have to be security gates at the access to the property and that's a wise thing and my client has agreed to do that but the Agreement says, security fence around the entire tract of property; and that my client says is cost prohibitive for them to do and we are asking to be required only to put lockable security gates on the access points so that when this borrow pit/reclamation project is not open for business, it can be locked off so that people can't get in there." Furthermore, Mr. Wallace stated, "We're more than happy to gate it, but the cost to fence the entire perimeter is prohibitive for them to get started." Mr. Wallace clarified, "We're asking the Commission to consider making that slight change that we go ahead and be allowed to put in gated access at the access points which we understand will be reflected on the plans as requested by the City Manager. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 20 OF 24 With discussion on the impact from the volume of traffic; proposed truck loads; and stress on the roads, Mr. Meade stated, "At any point the City says, you are messing up our roads, we'll stop and we will figure out another alternative." With further consideration of the discussion, Commissioner Miller stated, "If we are going to allow this, I think there ought to be a weight restriction, and if that is exceeded or violated, and there are penalties - may serve as a cancellation of the Agreement." Mr. Meade then explained, "The maximum weight that can be legally carried on the road is forty (40) tons, 80,000 pounds - that's the maximum legal allowable weight on any road. We would be willing to bring it down to twenty-five (25) tons." Commissioner Miller then stated, "I would suggest leaving this with Staff. I would like Staff to come back and give us recommendations to what it ought to be, that should not be exceeded." Tape 4/Side A Manager McLemore remarked about the suggested fencing and inquired, "Do you have liability insurance for this?" Mr. Meade stated, "The company that will be pushing for me, yes has liability - they carry a million dollars in liability insurance." Manager McLemore then asked, "And their insurer is not going to require you to have some type of a security fencing around the place?" Mr. Meade responded, "Absolutely not." Exhibit "A" was shown to those in attendance. Discussion ensued on the access road. Commissioner Martinez departed the Meeting at 11:21 p.m. Commissioner McLeod stated, "Do you realize we are going to run dump trucks down Orange Avenue which is a dirt road - a County road - you are going to tear that road up from one end to the other. Who is going to maintain it? Mr. Meade responded, "We are." Commissioner McLeod added, "You are going to maintain that road?" Further, Commissioner McLeod inquired, "Is it in our Agreement that that is going to happen? Is the County aware of what is going to go on - on this road Ron [McLemore]7" Manager McLemore stated, "What we would require is a letter from the County showing that they were in agreement with this, and I believe we have been provided that." With further discussion on the proposed truck loads, Commissioner McLeod said to Mr. Meade, "You are sitting here telling us that you have got an 80,000 pound capacity truck, but you have determined you are going to keep under 50,000." Mr. Meade stated, "I am sure of that." Commissioner McLeod then said, "How are you assuring us of it? You were proposing a $25,000 Bond earlier, and I don't know that a $25,000 Bond is a heavy enough Bond for the damage that could be done to the street that we are about to put in with brick pavers." Commissioner McLeod inquired as to what our consultants would say on this matter. Mr. Meade then stated, "We are going to maintain the road." Further, Commissioner McLeod said to Manager McLemore, "I highly advise you - don't run them through the park - take it up with Kip [Lockcuff] - he will confirm that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETfNG - OCTOBER 28,2002 PAGE 21 OF 24 Commissioner McLeod also suggested, "I think for one thing, you need to have a larger Bond posted Ron [McLemore] for the damage that could potentially be done." With discussion, Commissioner McLeod added, "I think we need to have somebody other than myself or this gentleman probably come here and tell us what is going to happen to these roads." Manager McLemore stated, "We actually did look at that some - maybe we need to check it again." Deputy Mayor Gennell remarked about when the Trail would be completed, and suggested pursuing coming "In by the entrance to the park, but they will cut right off and go on the Trail." Deputy Mayor Gennell then suggested that "There is an excellent possibility I could go down and knock on the right doors - and we can make an official request through the City - to the County - if they would consider it." Commissioner Blake left the dais at 11:38 p.m. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER BRING THIS ITEM BACK TO US IN TWO (2) WEEKS AND SEE WHAT - SEMINOLE COUNTY'S AL TERNA TIVES ARE FOR USING THE AL TERNA TE ROUTE THAT WAS DISCUSSED HERE THIS EVENING THROUGH - THE OLD ABANDONED CSX RAILBED - IT GOES RIGHT PAST THE SOUTH SIDE OF THE LAKE FEATURE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. Commissioner Blake returned to the dais at 11:44 p.m. COMMISSIONER McLEOD ADDED, "SINCE COMMISSIONER GENNELL SITS ON THE TRAILS BOARD, I DON'T THINK IT WOULD BE A BAD IDEA THAT SHE PERHAPS ACCOMPANIES MR. McLEMORE TO THE COUNTY TO BE ABLE TO DISCUSS THESE ISSUES AND THE IMPORTANCE OF WHAT THIS IS AT THIS TIME." DEPUTY MAYOR GENNELL SAID, "I WOULD BE HAPPY TO." VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. "Water quality monitoring" was discussed briefly. Attorney Garganese suggested, adding in the word "Surface." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 22 OF 24 Mr. Meade then said, "You asked me the last time I was in front of the Board about the bones that were excavated from this site. I had an opportunity to go - just a few weeks ago to Gainesville - and those are available for displaying, for the City - I can get them for you if you want. But, I've got pictures I will get to you ofthe display." VIII. ADJOURNMENT Mayor Partyka adjourned the Meeting at 11 :52 p.m. .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:. .:. VI. REGULAR REGULAR B. Finance Department Requests The City Commission Approve Resolution 2002-36 Establishing A Fund Balance Policy For The General Fund. REGULAR C. Office Of The City Clerk Requests That Commissioner David W. McLeod Make An Appointment To Replace A Member Of The Board Of Adjustment Who Was Removed From Serving On This Board As A Result Of Exceeding The Permitted Number Of Absences, In Accordance With The Code Of Ordinances. REGULAR D. Office Of The City Clerk Requests That Commissioner Michael S. Blake Make An Appointment To The Beautification Of Winter Springs Board To Replace Board Member Dart Helgeson Who Has Resigned From Serving On The Beautification Of Winter Springs Board. REGULAR E. Office Of Commissioner Edward Martinez, Jr. Requesting A Discussion Of Commission Rules, Related To Resolution Number 908. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 23 OF 24 REGULAR F. Office Of The City Attorney/Office Of The Fire Chief Requests The City Commission Adopt Resolution Number 2002-34 Establishing The Winter Springs Senior Transportation Program, Providing For Eligibility, Providing For Service Parameters, And Providing For A Service Policy. REGULAR G. Not Used. REGULAR I. Office Of The City Manager Requesting The City Commission Reschedule A Workshop To Discuss The Need For Changes To The Code Of Ordinances Related To Accessory Buildings And Detached Garages (Ordinance 2002-14). VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat Five - David W. McLeod REPORTS E. Commission Seat One - Robert S. Miller REPORTS F. Commission Seat Two - Michael S. Blake REPORTS G. Commission Seat Three - Edward Martinez, Jr. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 28, 2002 PAGE 24 OF 24 REPORTS H. Commission Seat Four/Deputy Mayor - Cindy GenneU REPORTS I. Office Of The Mayor - Paul P. Partyka RESPECTFULLY SUBMITTED: PAuL P: PAR 'PVkA MAYOR NZO-LUACES, CMC NOTE: These Minutes were approved at the November 11,2002 Regular City Commission Meeting.