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HomeMy WebLinkAbout2001 11 26 Consent F Approval of November 12, 2001 City Commission Regular Meeting Minutes ~ ~~ ~~ COMMISSION AGENDA ITEM F Consent X Informational Public Hearings Regular November 26. 2001 Regular Meeting Mgr. / Dept. Authorization CONSENT F. Office Of The City Clerk Approval Of The November 12,2001 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 12, 2001 I. CALL TO ORDER The Regular Meeting of Monday, November 12,2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:40 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Mayor Partyka advised those in attendance that the City's next 4th of July Celebration was to be the best ever. Regarding the Groundbreaking ceremony for the new Town Center, Mayor Partyka stated that the November 30th date had been postponed, and January 18, 2002 was the revised date. II. PUBLIC INPUT Ms. Margo Miller, 679 Silvercreek Drive, Winter Springs, Florida: wished her husband, Commissioner Miller a happy birthday, and presented a birthday cake in his honor. Ms. Joanne Krebs, J 002 Taproot Drive, Winter Springs, Florida: advised the Commission about a swastika that had been spray painted on the Oak Forest wall at the "Entrance to Oak Forest Drive on the left hand as you go in - the left hand entrance." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 2 OF 26 Mr. Kipton D. Lockcuff, P.E., Public Works/Utility Department Director explained that "The contractor still has a punch list, and one of the items on the punch list is to acid wash the wall which should remove it." Mayor Partyka asked Mr. Lockcuff if this item could be taken care of immediately. Mr. Lockcuff did not seem to think that this could be done earlier than as planned, as a result of planned process for the completion of the punch list items. Commissioner Cindy Gennell advised those in attendance that the Seminole County Sheriffs Office has a program dealing with graffiti and suggested that Ms. Krebs call the SheTiffs Office and ask for their assistance. Ms. Monica L. Perry, 102 Lisa Loop, Winter Springs, Florida: is the President of the Oaks Homeowners Association; and emphatically requested that a traffic light be installed at 419 and Edgemon Avenue. Ms. Jennifer Conway, 306 South Edgemon Avenue, Winter Springs, Florida: spoke of a friend who recently died at this intersection and the problems associated with this junction; and the need for a traffic light at this intersection. Mr. Louis Pellicio, 419 Aztec Drive Winter Springs, Florida: commented on his grandson who died on 419; the speed limit; and asked that something be done about this. .:. .:. AGENDA NOTE: THE FOLLOWING TWO (2) CONSENT AGENDA ITEMS 'VERE DISCUSSED SEP ARA TEL Y. .:. .:. III. CONSENT CONSENT E. Public Works Department Requesting Authorization To Piggyback Off Of The Seminole County Contract For The Design Of The Edgemon Avenue/State Road 419 Traffic Signal. Mr. Lockcuff advised the Commission that the "Agenda Item asks for authorization to basically do the design for the Edgemon Avenue signal. My plan of attack was to, after this was approved obviously to let the consultant proceed with the design and installation of a temporary concrete - pole. During that process we will be reviewing the warrant analysis for Moss and Edgemon, see if there is any new information. If there is not, we will proceed with the design of the mast arm signals at Edgemon. We think the temporary will be up in about ninety (90) days. The permanent installation would be eight to tcn (8 - 10) months, optimistically. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 . PAGE30F26 .' Mr. Fursan S. Munjed, P.E. of Professional Engineering Consultants, Inc.: addressed the Commission on the upcoming process, with Mr. Lockcuff. Mr. Munjed stated, "As it appears at this point in time, based on last year's data, Edgemon A venue is the desired location for signalization versus Moss. There is about twice as much on Edgemon Avenue as there is on Moss Road; therefore - based on the data we have today, Edgemon is the location to signalize." Further, Mr. Munjed said, "I think the temporary signal can be designed within the next thirty (30) days. It can be installed within the next ninety (90) days, assuming that we don't have to go to public bids, we could possibly Piggyback the Seminole County contract for construction as well. We can have the plans completed within the next thirty (30) days, we can have a contractor on board hopefully two (2) weeks after that, and then within ninety (90) days we should have a traffic light up and operationaL" Mayor Partyka asked, "Is that realistic timing?" Mr. Munjed responded, "It's aggressive. I have done it in ninety (90) days before." Mr. Lockcuff added, "The secondary task they will be working at is the speed reduction on 419." With discussion on warrants, design, and costs, Commissioner Gennell stated, "Everything was supposed to start from tonight. I would like to see us start from tonight, and on the question of the warrants, why must we wait on the study of the warrants prior to doing anything else?" Mr. Lockcuffsaid, "You are not going to wait. We are going to proceed with the temporary installation at Edgemon, starting tomorrow, assuming you approve this tonight." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'E,' INCLUDING THE FUNDING AND THE AUTHORIZATION' TO-PIGGYBACK ON THE COUNTY'S CONTRACT." MOTION BY COMMISSIONER. BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. DEPUTY MAYOR DAVID W. McLEOD STATED, "MY UNDERSTANDING RIGHT NOW IS THAT THERE DEFINITELY WILL BE WITHIN NINETY (90) DAYS A TEMPORARY SIGNAL AT EDGEMON?" MR. LOCKCUFF STATED, "CORRECT." DEPUTY MAYOR McLEOD ADDED, "NO MATTER WHAT, DURING THAT SAME PROCESS AND TIME, THERE WILL BE A STUDY DONE ALONG WITH PERMENANT DESIGN, AND I GUESS YOU CAN'T DO THE PERMANENT DESIGN UNTIL AFfER YOU DO THE STUDY, BUT YOU WILL BE DOING THE STUDY TO FIND OUT WHETHER IT IS EDGEMON OR MOSS, CORRECT?" MR. LOCKCUFF SAID, "I DON'T THINK STUDY IS PROBABL Y TOO GENEROUS OF A WORD, BUT THERE ARE ALREADY T'''O (2) W ARRANT ANALYSES FOR BOTH INTERSECTIONS; WE MAY BE UPDATING THE TRAFFIC COUNTS, THAT'S THE EXTENT OF THE STUDY." DEPUTY MAYOR McLEOD THEN SAID, "HOW LONG IS THE WARRANT GOING TO TAKE YOU?" MR. MUNJED REPLIED, "I CAN DO IT WITHIN THE NEXT COUPLE OF WEEKS. I CAN HAVE A PRETTY SOLID CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE40F26 ANSWER WHETHER FOOT WOULD GO ALONG WITH ALLOWING THE SIGNALIZA TION OF MOSS ROAD." DEPUTY MAYOR McLEOD FURTHER SAID, "MY QUESTION IS THAT WITHIN NINETY (90) DAYS, BECAUSE OF THE WARRANT, IT'S NOT GOING TO STOP HAVING THE SIGNAL PUT AT EDGEMON." MR. MUNJED SAID, "CORRECT." COMMISSIONER MICHAEL S. BLAKE ADDED, "IT IS NOT MY INTENT TO MOVE THE LIGHT FROM EDGEMON TO MOSS, I JUST BELIEVE WE OUGHT TO HAVE ALL THE AVAILABLE INFORMATION BEFORE WE SPEND A QUARTER OF A MILLION DOLLARS ON A TRAFFIC LIGHT TO HAVE IT DETERMINED EXACTLY WHERE IT OUGHT TO BE, THAT IT FITS IN WITH THE LONG RANGE TRAFFIC PATTERNS THAT EXIST IN THAT AREA." COMMISSIONER GENNELL THEN SAID, "I JUST WANT TO MAKE SURE THAT NONE OF THE WORK ON THE WARRANTS WILL IN ANY WAY SLOW UP THE DESIGN AND CONSTRUCTION OF THE FINAL PRODUCT AT EDGEMON. NOW CAN YOU ASSURE ME OF THAT?" MANAGER McLEMORE SAID, "THAT WOULD BE THE DECISION OF THIS COMMISSION." DEPUTY MAYOR McLEOD THEN SAID, "IF THERE WOULD BE ANY DELAY AT ALL, BASICALLY IT WOULD BE A TWO (2) WEEK DELAY. BUT YOU SAID IN TWO (2) WEEKS, YOU CAN HAVE YOUR COUNT STUDIES DONE AND REPORT BACK TO US." MR. MUNJED SAID, "CORRECT." MR. LOCKCUFF SAID THAT THE RESULTS OF THE STUDY WOULD PROBABLY BE BACK TO THE COMMISSION AT THE DEC 10TH MEETING. DEPUTY MAYOR McLEOD STATED, "OKAY. THEN OUR UNDERSTANDING WOULD BE - ON DECEMBER 10TH, WE WOULD HAVE THE INFORMATION BACK." VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 5 OF 26 CONSENT B. Public Works Department Requesting The City Commission Approve The Recommendation Of The Tuscawilla Lighting And Beautification District Advisory Committee To Relocate The Eastern Entrance Closer To Seneca Boulevard And Also Update The City Commission On The Project Status. Brief discussion. Commissioner Edward Martinez, Jr. remarked about the proposed ch:mges and his concern with saving taxpayer's money and said, "For the future, you sho:Jl:i find ways and means to avoid - starting work in one place and having to move back to another location because of $30,000.00." "MOTION TO APPROVE - ITEM 'B.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE REMAINDER OF THE CONSENT AGENDA WAS DISCUSSED NEXT, AS DOCUMENTED. .:. .:. III. CONSENT CONSENT A. General Services Department Requesting That The City Commission Approve Stafrs Recommendation To Renew Liability And Property Damage Insurance Coverages For FY 02 Through Coregis And AIG, And To Authorize A Change In The Workers Compensation Insurance Carrier Effective January 1, 2002, From The Florida Municipal Insurance Trust (FMIT) To The Preferred Governmental Insurance Trust (PGIT). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 6 OF 26 CONSENT C. Pliblic Works Department - Stormwater Division Requesting Authorization To Enter Into A Contract Agreement For Pond Aquatic Weed Control And Maintenance Services. Commissioner Blake asked, "Who has that contract currently?" Ms. Kimberley Hall, Stormwater Utility Manager/City Engineer stated, "Southern Water Aquatics Weed Control." Discussion. Commissioner Blake stated, "Mayor, I would like to have this pulled off the Consent Agenda for consideration separately after we handle the other Items." Mayor Partyka stated, "So be it." CONSENT D. Puhlic Works Department Requesting Approval Of An Interlocal Agreement With Seminole County Relating To A Traffic Signal Installation On State Road 434 At The Entrance To Central Winds ParkfWinter Springs High School. CONSENT F. Office Of The Mayor Resolution Number 2001-46, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Mr. Brent Gregory For His Service On The Planning And Zoning Board/Local Planning Agency. CONSENT G. Parks And Recreation Department Requesting Authorization To Execute Amendment 71 - Torcaso Park Expansion .For Consulting Engineering Services With Conklin, Porter, And Holmes Engineers, Inc. CONSENT H. Parks And Recreation Department Recommending The City Commission To Authorize The City Manager To Grant A Utility Easement To Florida Power Corporation Through Central Winds Park And Approve The Cost Of $33,716.43 To Provide 3 Phase Underground Service For Soccer Field Lighting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 7 OF 26 CONSENT 1. Community Development Department Requesting Authorization For A Supplemental Appropriation Of $6,000.00 From The General Fund To Continue Contract Inspection Services In The Building Division. Commissioner Martinez spoke of his concerns with this Agenda Item. Mr. Charles Carrington, AICP, Community Development Department Director, Mr. Dennis Franklin, Building Official, Building Division of the Community Development Department, and Manager McLemore addressed Commissioner Martinez's concerns. Tape l/Side 8 Further discussion. CONSENT J. Office Of The City Clerk Approval Of The Minutes Of The September 25, 2001 Special City Commission Meeting. CONSENT K. Office Of The City Clerk Approval Of The Minutes Of The October 1, 2001 Special City Commission Meeting. CONSENT L. Office Of The City Clerk Approval Of The Minutes Of The October 4, 2001 Special City Commission Meeting. CONSENT M. Office Of The City Clerk Approval Of The Minutes Of The October 8, 2001 Attorney-Client Session. CONSENT N. Office Of The City Clerk Approval Of The Minutes Of The October 8, 2001 Regular City Commission Meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 8 OF 26 CONSENT O. Office Of The City Clerk Approval Of The Minutes Of The October 10, 2001 Special City Commission Meeting. CONSENT P. Office Of The City Clerk Approval Of The Minutes Of The October 22, 2001 Regular City Commission Meeting. COIlliIlissioner GennelI stated that on page seven (7), "In the fourth paragraph, and it's the second part of the first sentence - it was some comments made attributed to me and I know I had some discussion on this, but I don't think I said exactly what's here, so if you could just correct it for the next time." CONSENT Q. Office Of The City Clerk Approval Of The Minutes Of The October 29, 2001 Special City Commission Meeting. "MOTION TO APPROVE THE REMAINDER OF THE CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ. MAYOR PARTYKA ADDED, "THAT EXCLUDES 'c.'" SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMiSSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTYMAYORMcLEOD: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: CONSENT AGENDA ITEM 'c' WAS FURTHER DISCUSSED, WITH DISPOSITION. .:. .:. III. CONSENT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 9 OF 26 CONSENT C. Public Works Department - Stormwater Division Requesting Authorization To Enter Into A Contract Agreement For Pond Aquatic Weed Control And Maintenance Services. With discussion on the bid process, Commissioner Blake stated, "My concern is past history on this Ron, and I would like to stay with "Southern Waters Aquatic Management." Additional discussion followed on the low bidder's references; logs; whether Piggybacking is an option; and termination of the contract. Regarding the treatment timeline, Deputy Mayor McLeod suggested that rather than a thirty (30) day notice period, "Why wouldn't you have a seven (7) day clause that once you have notified them, they have seven (7) days to come and correct the problem?" Deputy Mayor McLeod added, "It should also be in there that if within seven (7) days it's not corrected, then you have at that point the right to terminate their contract in writing within seventy-two (72) hours." Mr. Lockcuff and Deputy Mayor McLeod agreed that regarding the time period that a "Seven (7) days action" was acceptable. Deputy Mayor McLeod clarified, "They have seven (7) days to do the action which gives you - nine (9) days from the time you - put them on notice, they should have something back to you. If they don't, then from that nine (9) days you have - a seventy-two (72) hour window that you could tell them that you are terminating them and go to the next contractor." Mr. Lockcuff said, "We can work with that." Deputy Mayor McLeod asked if the language could be re-written and if the Commission was in agreement with this. With no problems from the Commission, Mayor Partyka said to Mr. Lockcuff, "If you could handle that." "MOTION TO APPROVE ITEM 'c' - AS AMENDED.".. MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER GENNELL STATED, "AS I UNDERSTAND THE MOTION, THE DEFICIENCY ON 8.0 - WOULD BE ADDRESSED WITHIN SEVEN (7) DAYS, AND FULLY CLEARED WITHIN THIRTY (30) DA YS?" MR. LOCKCUFF AGREED WITH THIS, AS DID THE MAKER OF THE MOTION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 10 OF 26 IV. INFORMATIONAL INFORMATIONAL A. Police Department Informing The Commission Of The Plan Of Action For Meeting With The Eighteen (18) Property Owners And Residents Of George Street To Discuss Various Options For The Improvement Of George Street. INFORMATIONAL B. Public Works Department Updating The City Commission On The Status Of The Oak Forest Wall And Beautification District Project. "MOTIQN TO APPROVE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. V. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing For The Adoption Of Ordinance (2001-45) To Approve A Large Scale Comprehensive Plan Amendment (LS-CPA-05-01) That Would Change The Future Land Use Map Designation Of A 49.55-Acre Property From "Planned Development" And "Conservation Overlay" (Seminole County) To "Mixed Use" (Winter Springs). Mr. Carrington introduced this Agenda Item. City Attorney Anthony A. Garganese read Ordinance 2001-45 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. t~c one spoke. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12.2001 PAGE II OF 26 "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. MAYOR PARTYKA SAID, "IT'S TO AMEND THE FUTURE LAND USE MAP." COMMISSIONER MARTINEZ STATED, "YES." MAYOR PARTYKA THEN SAID, "IF HE MAKES THE MOTION TO AMEND, IT'S A MOTION TO APPROVE THE ORDINANCE." MR. CARRINGTON STATED, "THAT'S CORRECT." SECONDED BY COMMISSIONER MILLER. DISCUSSION FOLLOWED ON ATTACHMENT 'c.' AND AN AREA THAT WAS IDENTIFIED AS AN UPLAND PRESERVATION AREA. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE D~PUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Discussion followed on the DRI Development Agreement. Commissioner Blake pointed out that it "Does not define what will go on this parcel, the only parcel in Winter Springs." Commissioner Blake further inquired, "How do we determine what type of Development Order we are approving for the City of Winter Springs' parcel?" Mr. Carrington stated, "The applicant is not proposing any changes at all to the original DRI, Development of Regional Impact Development Order." Commissioner Blake then asked, "If the developer decides not to put retail or office on that parcel, does it have to come back before us?" Ms. Carey Hayo, Glauing Jackson, 33 East Pine Street, Orlando, Florida: "If we wanted to do a residential use for example on this piece of property, we would have to ask for a notice of proposed change to the DRI." "I'LL BE GLAD TO MAKE A MOTION TO APPROVE THE DEVELOPMENT ORDER FROM THE CITY OF WINTER SPRINGS FOR THE OVIEDO MARKETPLACE DRI." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 12 OF 26 PUBLIC lfEARINGS B. General Services Department Requests The City Commission Conduct A Public Hearing For The Adoption Of Ordinance 2001-53, A Franchise Agreement Between The City And Florida Public Utilities Company, Which Provides For Natural Gas Services In The City. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only, and added that a "Most Favored Nations Clause" will be added. Attorney Garganese then explained that "You will not be voting on the approval of this agreement - what I will do is take the essence of this agreement and incorporate it into the Ordinance, before second reading to make it clear that there is a 'Most Favored Nations Clause' with respect to the franchise fee, that in the event the franchisee has a more favorable [Tanchise rate elsewhere, they will offer the same to City of Winter Springs." Mr. Gene DeMarie, General Services Department Director addressed the Commission's questions and concerns. Commissioner Blake inquired about the length of the Franchise Agreement and whether there is an "Option out" and fees. Attorney Garganese suggested, "You could put a provision under paragraph 8.1 - reserving the unilateral right to reduce it should you so desire." Mr. Donald E. Kitner, Division Manager, Florida Public Utilities Company, 830 West Sixth Street, Sanford, Florida: addressed the Commission's concerns. Discussion followed on the extension date, and whether it should be passed under an Emergency Ordinance tonight. Mr. Kitner stated, "If you don't extend the Emergency Ordinance that you have already, we will continue to collect and remit based on the existing franchise. We have done that in other areas as well, so you won't lose any revenues over a two (2) or three (3) week period." Manager McLemore said, "I think all we need to know is does he have the authority to provide that warrant to the Commission?" Mr. Kitner stated, "Yes, I discussed it with our Chief Operating Officer already and it is consistent with what we have done in other municipalities." CITY OF WINTER SPRJNGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12, 2001 PAGE 13 OF 26 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 MAKE A MOTION THAT WE APPROVE ORDINANCE 2001-53 WITH THE CORRECTIONS AS STATED BY THE CITY ATTORNEY AND THAT WE ACCEPT THE VERBAL AGREEMENT FROM THE REPRESENT A TIVE AS A COMMITMENT TO PAY UNTIL THIS IS APPROVED HENCEFORTH." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Tape 2/Side A VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Mayor Partyka called a break at 8: 15 p.m. Mayor Partyka called the Meeting back to order at 8:30 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT. .:. .:. VI. REGULAR REGULAR E. Community Development Department - Code Enforcement Division Presents To The City Commission A Request From Mr. Aggarwal To Remove From The Table This Item To Consider Reduction Or Satisfaction Of A Code Enforcement Lien On Seminole Bakery, Village Marketplace, 260 East State Road 434. Ms. Jimette Cook, Code Enforcement Division Manager, Community Development Department introduced the Agenda Item and the parties involved in this matter. Commissioner Martinez spoke for the record about his desire for the Commission to be more consistent in related areas of reducing fines. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 14 OF 26 Discussion followed on whether the trucks were properly tagged. Mr. Don Metchick, General Manager, Seminole Bakery, Inc., 290 East State Road 434, Winter Springs, Florida: addressed Ms. Cook and Commissioner GenneII's'questions as to whether trucks were properly registered and tagged. Commissioner Gennell asked Mr. AggarwaIl, "Would it represent any hardship for you to post one (1) or two (2) signs there saying, 'No overnight parking of trucks. ", Mr. K. C. Aggarwal, 290 East State Road 434, Winter Springs, Florida: spoke on previous permission for parking that has been granted. Commissioner Gennell then said to Mr. Aggarwal, "But you won't post the parking lot?" Mr. Aggarwall responded, "We can post the parking lot too." Commissioner Gennell thanked Mr. Aggarwal. Commissioner Robert S. Miller also mentioned his concern with the parking of unauthorized vehicles. Commissioner Martinez then advised Manager McLemore about the requirement that tags are to be identifiable. Discussion followed on compliance and the suggested fines. "I MAKE A MOTION THAT WE REMOVE THIS ITEM FROM THE TABLE." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner Miller suggested that, "Maybe, what we need to do is we need to have a serious discussion here, as an Agenda Item maybe sometime between now and the end of the year, and have the City Manager put it on the Agenda, so that we can discuss what it is that we intend to do when issues like this, and the other ones that we have dealt with in the last year or so, come before us." With further discussion Commissioner Miller said, "I would ask that the City Manager - put this on the Agenda, so we can all agree to it." Commissioner Miller added, "Let's start sending a message to the people of this City that we are going to enforce the codes and the levels of the fines, so be forewarned about that. The City Manager can put it in the newsletter." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 15 OF 26 "I WOULD LIKE TO MAKE A MOTION THAT WE IMPOSE THE FINE OF $1,273.27 TOTAL, WHICH WOULD COMPRISE THE CITY'S COSTS PLUS A $500.00 FINE." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT WE REDUCE THE FINE FROM $22,400.00 TO A FINE OF $2,500.00 PLUS THE ASSOCIATED COSTS OF $753.27 FOR A TOTAL OF $3,253.27 AND UPON RECEIPT OF THOSE FUNDS, REMOVE THE LIEN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. '.[ WOULD LIKE TO SEE A TIME IN WHICH THIS WOULD BE PAID." I WOlfLD LIKE TO MAKE AN AMENDMENT TO YOUR MOTION THAT WOULD HAVE THIS THING HAVE TO BE PAID WITHIN FIVE (5) WORKING DAYS." AMENDMENT TO THE MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION ENSUED AS TO WHAT WOULD HAPPEN IF THE FINES WERE NOT PAID WITHIN THE FIVE (5) WORKING DAYS TIME FRAME. DEPUTY MAYOR McLEOD ADDED, "THE FINES THEN WOULD CONTINUE, WE WOULD BE BACK TO SQUARE ONE, THERE WOULD BE NO RELIEF." VOTE: (ON THE AMENDMENT) COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MO_TION CARRIED. Further discussion. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Mayor Partyka stated, "It has been reduced from the substantial amount, but you have five (5) days now." Mayor Partyka further clarified that it was "Five (5) working days, five (5) business days." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 16 OF 26 .:. .:. AGENDA NOTE: DISCUSSION ON THE REGULAR AGENDA RESUMED, AS DOCUMENTED. .:..:. VI. REGULAR REGULAR A. Finance Department Requesting The Commission Review The Banking Services And Treasury Management Review Report Prepared By Steven Alexander Of Public Financial Management And Direct Staff To Move Forward With The Proposed Recommendations For Improvement. Manager McLemore complimented Ms. Louise Frangoul, Finance Department Director for the progress that has been made to various aspects of the Finance Department. Commissioner Martinez spoke of the "City's inability to forecast liquidity" and suggested that" Every effort should be made to correct that." "I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: NAY MOTION DID NOT CARRY. Mr. Steven Alexander, CCM, Senior Managing Consultant, Public Financial Management, 20J South Orange Avenue, Suite 720, Orlando, Florida: gave a brief overview to the City Commission. Mr. Alexander suggested that the banking services "Need to be brushed up and renegotiated with the current bank provider which is Bank of America. I've found that some of the fees were probably on the excessive side and need to renegotiated, and I will assist the Finance Staff in doing that." Mr. Alexander was complimented for his excellent report, and for his assistance in "Debt Administration. " "I MAKE A MOTION THAT WE DIRECT STAFF TO MOVE FORWARD WITH THE PROPOSED RECOMMENDATIONS." MOTION BY COMMISSIONER GENNELL. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION RI;GULAR MEETING - NOVEMBER 12,2001 PAGE 17 OF 26 COMMISSIONER BLAKE SAID TOMR. ALEXANDER, "YOU UNDERSTAND IT, AND THE RECOMMENDATION IN HERE, AND YOU UNDERSTAND OUR DIRECTION IS THAT YOU WILL RENEGOTIATE SOME OF THE FEE STRUCTURES THAT WE HAVE WITH THEM BUT IT WOULD BE WITH BANK OF AMERICA." MR. ALEXANDER SAID, "CORRECT." MANAGER McLEMORE ADDED, "AS LONG AS THEY REMAIN COMPETITIVE." COMMISSIONER BLAKE THEN ASKED, "AT WHAT POINT DO WE LOOK ELSEWHERE?" MANAGER McLEMORE RESPONDED, "WHEN THEY ARE NOT COMPETITIVE, THEN WE CAN MOVE." MR. ALEXANDER ADDED, "THAT SOUNDS REASONABLE." COMMISSIONER BLAKE THEN SAID," I JUST WANT TO BE SURE THAT WAS CLEAR." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. REGULAR B. Office Of The City Manager Presents To The Commission The Request Of The JDC Calhoun, Inc. (JDC) To Modify The Special Exception Approval Granted October 22, 2001, And Approve Design Conditions And Locations For Two (2) Town Center Decorative Entry Signs, Located On State Road 434 And Tuskawilla Road. Manager McLemore introduced this Agenda Item and reviewed some of the technical changes as: "Under - 6. b), towards the end of the sentence, it's 'Brick' rather than 'Bench;' then under Item 7. - five (5) lines down, it says 'feet, and shall not be more than...' - I would say 'shall not exceed forty (40) vertical inches' and I would like to change that to '... forty-two (42) vertical inches. At the bottom of 7., the last sentence, it should say 'on all sign panels,' rather than 'all sign parcels,' in the 'Architectural Focal Points' -- 'shall not exceed forty-two (42) vertical inches.'" Furthermore, Manager McLemore stated, "In the request that we had from Mr. Carrington, they had specified a couple of requirements, or requested language on the front page of the Agenda Item, one which has to do with the total square footage of a sign - I believe nine (9) square feet was requested for one. What this provides for is actually a little more liberal, it provides for not more than ten (10) square feet for anyone (1) sign. And the only other issue - we took issue was that you could not put more than one (l) business on one (I) sign panel because that becomes the traditional strip mall type of signagc that we don't want." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 180F26 Mr. Charles (Mr. (Chip) Carrington, Counsel to the James Doran Company: showed the Commission some examples of preferred lettering styles. Tape 2/Side B Mr. (Chip) Carrington spoke of the chronology of previous events and their concern with timing, getting to Closing, and meeting the requirements of their contract with Publix. With discussion on possible terms, Mr. (Chip) Carrington stated that on "Page 1 of Item B, the language is right there - and that is the bare minimum..." Deputy Mayor McLeod asked, ".. .Under purpose?" Mr. (Chip) Carrington added, "And again, note at the bottom that 'The final design shall be mutually agreed upon by the City and me.' That's not the strongest possible language from your perspective but it is good language. If we do have to come back to you for approval of our signage, this gives us a certain amount of copy area, and it is not - I am saying this in the record - it is not our intention to come back to you with a back-to-back sign unless we cannot get Publix off that; but we have every expectation of being able to get Publix off of back- to-back signs." Mr. (Chip) Carrington then said, "What we have in mind is a curvilinear - kind of free formed sign, hopefully a curved face, we don't know for sure that Publix will accept a curved face, but we are going to present it that way." Further discussion followed on the suggested style of the sign, the dimensions, and the suggested height. Manager McLemore explained that the sign needs to remain low. Discussion followed on the previously submitted application and the suggested items in this Agenda Item. Commissioner Martinez stated "Point oj Order" and commented on the submitted "Special Exception. .. With further discussion on signage issues, Commissioner Gennell said to Mr. (Chip) Carrington, "We are not discussing monument signs any longer are we?" Mr. (Chip) Carrington responded, "That's right, we're discussing what you see there before you - on page 1." Commissioner Gennell continued, "So, the City Manager is concerned that you are still discussing monument signs; and you are saying you are discussing what is written here..." Mr. (Chip) Carrington said, "...Right." Commissioner GenneIl then said, "But you're not willing to say that what is written here is not a monument sign." Mr. (Chip) Carrington stated, "This is the problem. For one (1) of the two (2) signs as it presently reads in our lease, we have to provide Publix, a typical sign which is a two (2) sided sign. We have every expectation that we will be able to prevail upon them to go with what you see here, in terms of a concept, where instead of you having a back-to- back sign, you have a sign on a wall face." Mr. (Chip) Carrington added, "Again, the starting point here is we had two (2) monument signs approved well over a year ago and we have demonstrated good faith." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 190F26 Commissioner Martinez spoke of his displeasure with stacked signs and added, "For over two (2) m;)nths, I have asked, 'Can we see a representative from Publix here, so we can deal directly with them. ", Tape 3/Sidc A Commissioner Blake spoke of the request by Mr. (Chip) Carrington and a possible third location for signage. Commissioner Blake then said to Mr. (Chip) Carrington, "The copy area of each face of the two (2) entry signs shall be a total of eighteen (18) square feet and they desire to have their eighteen (18) square feet, measured as eighteen (18) inches by seventy-two (72) inches times two (2). Is that correct?" Mr. (Chip) Carrington stated, "Right." Commissioner Blake then said, "Including an area eighteen (18) inches by six (6) feet dedicated to Publix copy area and configured as shown on Exhibit 'C,' (Attachment 'C')." Mr. (Chip) Carrington said, "Which doesn't include the tenants under it." Commissioner Blake said, "That's not on this page, it's right there. No problem there. So far, I think we are in agreement. - The next area, comprising nine (9) square feet devoted to copy area for up to four (4) additional tenants or users within the JDC property. I don't think we have a problem there." Commissioner Martinez said, "Maybe you don't." Commissioner Blake said that he would return to this subject later. Commissioner Blake then said, "Each entry sign may be configured in a free form manner tailored to the configuration of the location as an alternative to two (2) faces. No problem there." Manager McLemore stated, "Substitute 'Shall' for 'May' and you have solved that problem." Commissioner Blake then said, "But the total square footage of each entry sign shall not exceed thirty-six (36) square feet. I don't think we have ever had a problem with the copy size or the space. The lettering component copy shall be reverse channel lit letters." Regarding the 'Nine (9) square feet devoted to copy area for up to four (4) additional tenants or users within the JDC property,' Commissioner Blake asked Commissioner Martinez if 'That space were provided in this way, you would not have any objection to that?" Commissioner Martinez said that he did not have any objection to this. Commissioner Blake then stated, "I think we can give you every word on this page as long as we attach it to these drawings and the signs have to be in substantial conformance with these drawings, unless we mutually agree to change them." Furthermore, Commissioner Blake pointed out, "You already have your "Special Exception. ", Your "Special Exception" has conditions attached to it. This solution conforms to all of those - Conditions of approval, 'Special Exception' being decorative entry signage. All of these conditions fit, and you're having all your language up front attaching these drawings to the back, and an agreement that we may both together change those or alter them in the future, if we both desire to." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 20 OF 26 Mr. (Chip) Carrington spoke of his concern that Publix has not approved the conceptual drawings. With additional discussion, Commissioner Blake stated, "The only issue I think that we haven't fixed here is that the Manager has a real problem with these reverse channel letter lit letters, and the word 'Shall' is taken care of by the attachment of the drawirlgs where it will conform - substantially conform to those drawings unless we mutually agree that they will not." Commissioner Blake stated, "Point of Order" and spoke further of the "Special Exception. .. Discussion followed on whether Staff should work with Mr. (Chip) Carrington to finalize some of the details; whether this matter should be tabled or should a Special Meeting be held. Mayor Partyka suggested, "You can come back to us through Ron, and say we talked with Publix, got everything squared away and we would like to have a Special Meeting on. .." Commissioner Martinez said to Mayor Partyka, "You should poll the Commission to find out where the objection is for the Manager to sit down with Chip and work this out and then bring us a final product for a vote." Commissioner Miller spoke of his concern with the "Shall" and "May" wording. "MY MOTION IS THAT WE AUTHORIZE THE CITY MANAGER TO TALK TO CHIP, COME BACK TO US, NOTIFY US IN THE NEXT WEEK OR SO; WE WILL HAVE A SPECIAL MEETING AND REVIEW THIS AGAIN AT THAT TIME; AFTER CHIP HAS HAD AN OPPORTUNITY ALSO TO DISCUSS THIS FURTHER WITH PUBLIX OR WHOEVER HE NEEDS TO COORDINATE IT. WITH. SO, MY MOTION IS TO LET THE CITY MANAGER NOTIFY US WHENEVER HE WANTS TO NOTIFY US, THAT WE ARE READY TO REVIEW THIS AGAIN AFTER THE CHANGES HA VE BEEN MADE, WHATEVER CHANGES NEED TO BE MADE." MOTION BY COMMISSIONER MILLER. COMMISSIONER MARTINEZ INQUIRED, "DOES HIS MOTION MEAN THAT THEY ARE GOING TO SIT DOWN TOGETHER AND PRODUCE A DOCUMENT, AND THEN BRING IT BACK TO US FOR REVIEW AND VOTE." MAYOR PARTYKA STATED, "THAT'S THE MOTION AS I UNDERSTAND IT." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. MR. (CHIP) CARRINGTON SAID TO COMMISSIONER GENNELL, "I HAVE A COMFORT LEVEL THERE IS COMMITMENT BY THE COMMISSION TO DEAL WITH THIS." COMMISSIONER GENNELL SAID, "ON THE LIGHTING, I COULD AGREE WITH SOME SUBDUED LIGHTING, SOME NOT GARISH, REAL BRIGHT GREEN IN YOUR FACE LIGHTING - OKAY; IF THEY CAN FIGURE OUT SOMETHING CLASSY AND NICE TO DO. BUT, \VHA TEVER THEY DO IS GOING TO BE SUBJECT TO OUR APPROVAL ANY\V A Y." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 21 OF 26 "MY AMENDMENT IS THAT THIS CONFERENCE BE COMPLETED BY THE CITY MANAGER AND BY MR. [CHIP] CARRINGTON BY FRIDAY AND THAT \VE HAVE A MEETING SET FOR MONDAY TO CONSIDER THE RESULTS." AMENDMENT TO THE MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION FOLLOWED ON WHETHER THERE WOULD BE A QUORUM IF A SPECIAL MEETING WERE TO BE PLANNED FOR MONDAY. DEPUTY MAYOR McLEOD INQUIRED, "ON THE AMENDMENT, NOW IS THIS BASICALLY DIRECTING THE MANAGER AND CHIP TO TRY TO WORK OUT EACH ENTRY SIGN; WHETHER IT IS 'MAY' OR 'SHALL' IN THE LANGUAGE - AND WHETHER OR NOT WE ARE ATTACHING OR NOT ATTACHING THESE DRAWINGS, AND HE IS GOING TO GET WITH PUBLIX TO SEE IF THAT FLIES." MAYOR PARTYKA ADDED, "THE AMENDMENT RIGHT NOW, IT SAYS TO GET ALL THOSE ISSUES RESOLVED AND HANDLED BY FRIDAY." "Point of Order" by Commissioner Martinez who said, "Chip. did you understand that you are going to sit down with the Manager and discuss all the issues concerning this ':::'pecial Exception' that you are askingfor? Do you understand it?" MR. (CHIP) CARRINGTON STATED, "I UNDERSTOOD IT THE WAY THAT COMMiSSIONER McLEOD DESCRIBED IT JUST NOW, THAT WE WERE GOING TO FOCUS ON THOSE THINGS THAT WE - THE SHALL MAY ISSUE, REVERSE CHANNEL LIT LETTERS, THE TENANTS BEING DEPICTED LIKE YOU SEE ONTHIS-DRAWING-AS-OPPOSED-TO-ON-THE. - - - --.- --- INFO SHEET, AND THERE HAS BEEN A SUGGESTION THAT WE TRY TO MAKE REFERENCE TO THIS DRAWING AND THAT WHATEVER WE DO BE IN SUBSTANTIAL CONFORMANCE WITH THIS,HWHICH-rTHINK-IS- -------------- PROBLEMATIC..." MAYOR PARTYKA ADDED, "...BUT TO DO THIS BY FRIDAY, END OF DAY FRIDAY AND TO POTENTIALLY BRING IT BACK ON COMMISSION DAY, MONDA Y." Tape 3/Side B Commissioner Miller stated, "Point of Clarification" and spoke of Mr. (Chip) Carrington's preference to get to Closing. Mayor Partyka stated, "Point of Order" and mentioned the Amendment. MA YOR PARTYKA SAID, "CALL THE VOTE ON THE AMENDMENT, WHICH IS 'TIME.'" CITY OF WINTER SPRJNGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 22 OF 26 VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGARDING THE SUGGESTED LANGUAGE, COMMISSIONER BLAKE STATED, "CAN I SUGGEST EACH ENTRY SIGN SHALL BE CONFIGURED IN SUBSTANTIAL CONFORMANCE WITH THE TWO (2) EXHIBITS UNLESS MUTUALL Y AGREED UPON TO CHANGE IT." COMMISSIONER BLAKE THEN SAID, "MY RECOMMENDATION WOULD BE THAT WE ASK THE TWO (2) PARTIES, THAT BEING THE CITY MANAGER AND OUR ATTORNEY - AND DORAN'S ATTORNEY TO GET TOGETHER AND CRAFT THAT LANGUAGE SO THAT THAT LINE READS SOMETHING LIKE, WHAT WE JUST SAID, 'EACH ENTRY SIGN SHALL BE CONFIGURED AS THE DRAWINGS ARE IN SUBSTANTIAL CONFORMANCE WITH THE TWO (2) DRAWINGS UNLESS - OR ANY ALTERATIONS THAT ARE MUTUALLY AGREED UPON BY BOTH PARTIES.'" COMMISSIONER BLAKE THEN SAID, "I WOULD LIKE TO AMEND THE MOTION." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE ADDED TO HIS AMENDMENT, "SPECIFICALLY, EACH ENTRY SIGN SHALL BE CONFIGURED IN SUBSTANTIAL CONFORMANCE TO EXHIBIT - 'D' '1,' '2,' '3,' AND '4' - AND THEN WE ALREADY HAVE THE BOTTOM LINE, ANY FINAL DESIGN ALTERATIONS SHALL BE MUTUALLY AGREED UPON BY THE CITY AND JDC." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. DEPUTY MA YOR McLEOD SAID, "ATTACHEMNT 'D' '2' AND ATTACHMENT 'D' '4' - 'D' '2' - IT IS SHOWING TWO (2) ISLANDS, ONE ON EACH SIDE OF THE STREET COMING OUT; HOWEVER IT DEPICTS ONLY ONE OF THEM ON ATTACHMENT 'D' '2' - THE ONE ON THE LEFT HA VING THE SIGNAGE AND LETTERING. I JUST WANT TO MAKE SURE THAT THAT DOESN'T ALSO INCLUDE SIGNAGE AND LETTERING ON THE OTHER ELEMENT, ON THE OTHER CORNER." MANAGER McLEMORE SAID, "I THINK IT WAS INTENDED TO INCLUDE LETTERING ON BOTH OF THEM, WASN'T IT CHIP?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 23 OF 26 MR. (CHIP) CARRINGTON RESPONDED, 'THIS IS MAIN STREET - I THINK THE PUBLIX SIGNAGE AND THE RETAIL SIGNAGE IS ON ONE SIDE." DEPUTY MAYOR McLEOD THEN SAID, "I JUST WANT TO MAKE SURE THAT WE'RE ONLY ALLOWING ONE (1) OF THOSE SIGNS ON THE CORNER - THE OTHER CORNER- INTO A LANDSCAPED AREA - THE SAME \VA Y ON 434, IT HAPPENS TO BE THE ONE - LOOKING AT THE PICTURE OF 'D' '4,' HAPPENS TO ONL Y HAVE SIGNAGE THAT WOULD BE ON THE RIGHT ONE - OR INTO THE AREA." DEPUTY MAYOR McLEOD THEN ASKED, "IS IT ON ONE (1) CORNER, OR BOTH CORNERS?" MAYOR PARTYKA STATED, "I NEED A MOTION TO EXTEND THIS MEETING RIGHT NOW." "SO MOVED." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: (ON THE MOTION TO EXTEND) COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MOTION DID NOT CARRY. "I MOVE THAT WE EXTEND FOR HALF AN HOUR." MOTION BY COMMISSIONER GENNELL. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: (ON THE MOTION TO EXTEND FOR HALF AN HOUR) DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION DID NOT CARRY. "I'LL MAKE A MOTION THAT WE EXTEND FOR FIVE (5) MINUTES, FI~ISH THE VOTE ON THIS ISSUE RIGHT NOW, AND THEN. WE ADJOURN." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 24 OF 26 VOTE: (ON THE MOTION TO EXTEND FOR FIVE (5) MINUTES) COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MQTION CARRIED. DEPUTY MAYOR McLEOD ASKED, "DOES THAT MEAN THAT THERE IS ONE (1) ON BOTH CORNERS THAT SAYS PUBLIX GOING INTO BOTH DRIVES OR IS THERE ONE (l)?" MR. (CHIP) CARRINGTON STATED, "YOU ARE LOOKING AT THE MAIN STREET ROAD ENTRY..." DEPUTY MAYOR McLEOD SAID, "...1 AM LOOKING AT MAIN STREET, WHICH IS MY ATTACHMENT 'D' '2,' IF YOU LOOK ON THE LEFT SIDE, YOU DO SPELL OUT EVERYTHING THAT IS GOING IN THAT CORNER WHICH I AGREE WITH, HOWEVER, YOU HAVE SOME LINES RUNNING ACROSS TO THE OTHER ONE. IS IT CONCEPTUALLY - TO HAVE IT ON BOTH CORNERS OR IS IT CONCEPTUALLY - WE WANT IT ON THE LEFT CORNER?" MR. (CHIP) CARRINGTON STATED, "CONCEPTUALLY IT WAS TO BE ON THE LEFT SIDE AND WHAT IS ON THE RIGHT IS SIMPLY..." DEPUTY MAYOR McLEOD ADDED, "...A PARK AREA..." MR. (CHIP) CARRINGTON SAID, "...DESIGN ELEMENTS WHICH FRANKLY NEED TO BE A LITTLE SMALLER THAN WHAT YOU SEE THERE, BECAUSE THAT IS AS LARGE AS WHAT IS ON THE LEFT SIDE..." DEPUTY MAYOR McLEOD THEN REFERENCED 'D' '4' AND SAID, "GO TO ATTACHMENT 'D' '4,' YOU HAVE THE SAME SCENARIO. IS IT ONLY THE ONE ON THE RIGHT?" DEPUTY MAYOR McLEOD FURTHER SAID, "CONCEPTUALLY, THAT SHOWS THERE IS ONLY ONE (1) ON THAT CORNER." MR. (CHIP) CARRINGTON RESPONDED, "I AGREE." DEPUTY MAYOR McLEOD ADDED, "THAT SHOWS THAT YOU HAVE SOME OTHER ELEMENT GOING ON." MR. (CHIP) CARRINGTON STATED, "JUST TO BE THEMATICALLY CONSISTENT." DEPUTY MAYOR McLEOD ADDED, "SO YOU ARE ALSO SAYING THAT IS THEMATICALLY ON THE LEFT?" MR. (CHIP) CARRINGTON REPLIED, "YES." VOTE: (ON THE AMENDMENT) COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 25 OF 26 VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka adjourned the Regular Meeting at 11 :09 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS REGULAR MEETING. .:. .:. VI. REGULAR REGULAR C. General Services Department Requests That The City Commission Determine If Any Changes Should Occur In The Way The City Addresses The Pay Status Of Employees Who Are Called To Active Duty In The Military. REGULAR D. General Services Department And Finance Department Request That The City Commission Determine If Any Changes Are Warranted Regarding The Collection Of Garbage Service Fees During A Customer's Extended Absence From His Residence, Such As Vacation Periods. REGULAR H. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding Possible Code Amendments To Regulations Concerning Temporary Storage Units. REGULAR L Parks And Recreation Department Requesting The Appointments From The City Commission And Mayor To The Central \Vinds Park Expansion Advisory Committee. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 12,2001 PAGE 26 OF 26 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. REPORTS H. Commission Seat Four - Cindy Gennell REPORTS I. Office Of The Mayor - Paul P. Partyka NOTE: These minutes were approved at the November 26. 2001 Regular City Commission Meeting.