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HomeMy WebLinkAbout2001 11 12 Consent P Approval of October 22, 2001 City Commission Regular Meeting Minutes COMMISSION AGENDA ITEM P Consent X Informational Public Hearings Regular November 12.2001 Regular Meeting Mgr. / Dept. Authorization CONSENT P. Office Of The City Clerk Approval Of The October 22, 2001 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 22, 2001 I. CALL TO ORDER The Regular Meeting of Monday, October 22,2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:32 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, arrived at 6:43 p.m. Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City M"nager Ronald W. McLemore, arrived at 7:45 p.m. Public WorkslUtility Department Director, Kipton D. Lockcuff, P.E., present City Attorney Anthony A. Garganese, arrived at 6:35 p.m. A moment of silence was followed by the Pledge of Allegiance. Mayor Partyka recogniZed former Mayor of the City of Winter Springs, Mr. John Bush and the former Mayor of Sanford, Mr. Larry Dale. Mayor Partyka announced that November 30, 2001 was to be the date for the groundbreaking of the City's Town Center. City Attorney Anthony A. Garganese arrived at 6:35 p.m. .:..:. AGENDA NOTE: "PUBLIC INPUT" WAS HEARD PRIOR TO "PRESENTATIONS," AS DOCUMENTED. .:..:. II. PUBLIC INPUT Mr. John Bush, 21 Tarpon Circle, Winter Springs, Florida: representing First Baptist Church, thanked the City Commission and Staff for their assistance with their project and asked for an extension "On meeting the replacement of trees for a few months." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 200] PAGE 2 OF 29 Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director stated, "I would suggest that the Staff meet with Mayor Bush and come up with some specifics and that be brought forth at the time of the acceptance of the project." Mr. Lockcuff further said, "To get a "C.O., [Certificate of Occupancy] he is going to have to come back for Final Engineering or the As-Built Inspection Approval and Acceptance by the City, so we could incorporate it at that time." Commissioner Edward Martinez, Jr. stated, "I don't have any objections to the request." Commissioner Cindy Gennell said, "I for one will not object to an extension." Commissioner Robert S. Miller, said, "No." Deputy Mayor David W. McLeod stated, "I must abstain to this due to the fact that I am the General Contractor on the site." Mr. Greg McLay, 630 Marni Drive, Winter Springs, Florida: asked that speed humps be added along Shepard Road, and said "The stretch that I am particularly talking about is between Edgemon and the bridge, which is just before the Highlands clubhouse." Mr. McLay complimented the Chief of Police Daniel J. Kerr, Captain Mike Noland, and Mr. Lockcuff for their quick response and assistance. Commissioner Michael S. Blake arrived at 6:43 p.m. Commissioner Miller advised Mr. McLay that he had spoken with the City Manager about thjs and said, "I think you are going to see the City Manager taking an active interest in this." Corm.lJissioner Gennell commented about her concerns and added, "I am also in favor and would like to have on the other side of Edgemon a stop sign, here and there." Commissioner Gennell added, "Whatever I can do to help you, I will." Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: read a statement regarding code enforcement of animals, and pet rescue operations. Mayor Partyka said that the City Manager had been directed to summarize all the issues and he and the City Attorney will "Hopefully sometime in t4e very near future ~ome up with something." Mr. Ken Rahuba, 206 Wade Street, Winter Springs, Florida: commented on the parking on George Street and said he might be interested in having the type of speed bump "That is designed to go in the, middle." .:..:. AGENDA NOTE: "PUBLIC INPUT" WAS HEARD PRIOR TO PRESENTATIONS, AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 3 OF 29 PRESENTATIONS A. Office Of The City Manager Presentation To The City Commission On The Orlando Sanford Airport By Mr. Larry Dale, President And Chief Executive Officer And Mr. Victor White, Executive Vice President. Mr. Larry Dale, President and Chief Executive Officer of the Orlando Sanford Airport and Mr. Victor White. Executive Vice President of the Orlando Sanford Airport: inf0rmed .i~he Commission of the viability and long range plans of the Orlando Sanford AirpC'rt. Discussion. Mr. Dale said, "So, our Master Plan that we are working on now does allow for the expansion of our primary runway, that's '9Ieft.' It will be expanded to about 12,000 feet or thereabouts, 11,000 - 12,000 feet is what - if the FAA approves that and the main reason for that is these large airliners." Mr. Dale stated, "Here's the primary reason there won't be a lot of traffic heading south: Orlando International and Orlando Executive." Mr. White then stated, "The fortunate thing that we have, and if you look at that map you can see it, you don't have to go very far east before you are over unpopulated areas and that is what they do with airplanes heading south; so I don't think you have any concerns about aIr traffic coming out of Sanford headed south over Winter Springs or Oviedo even; it's going to be turned east before it heads south." Mr. White advised the Commission, "I think it's important also to note the timing of this. I honestly don't think that that North/South runway is going to be extended for at least five (5) years. It's going to take several years worth of planning, engineering, design and environmental assessments and DR! work before it would even be approved. Plus, we would have to raise the money to do it and get Federal and State Grants, so I think it's five (5) plus years down the road." Mr. Dale added, "There is no money on the immediate horizon for that; but we still have to plan it - our Master Plan for things that the FAA wants to see us plan for and how we are going to accommodate those things." Commissioner Blake stated, "My concern is primarily related to the North/South runway and you've actually answered most of my questions, specifically regarding the flight path that would occur upon approaching it from the south or taking off to the south. Is there anyway we can get that in writing." Mr. Dale stated that they do work with the FAA, and "We could ask to get some kind of Memorandum of Understanding out of them and we would work towards that. You've got two (2) things going for you; one (1) most of your City is far to the west of where that is and two (2), like I say, they are just not going to let traffic go south and intermingle with the tremendous volume that Orlando has had and will continue to have." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 4 OF 29 Mr. White stated, "I think it is safe to say Commissioner that the Greater Orlando Aviation Authority would be watching us real closely on this issue too, and making sure that they are not impacted negatively by anything we do. I mean, Larry and 1 have had discussions for several years with their prior Executive Director about that, and it's on their books as a concern." Tape I/Side B Commissioner Blake asked, "Do you see this becoming more of a problem for us - as Or:ando Sanford grows to the point where they have much more scheduled service?" Mr. Dale responded, "1 think you are going to have more problems with the new farthest to the east, North/South runway at OIA because, like Victor said when he pointed that out, it takes a beeline right at where we are standing right now. You are going to have more problems out ofOIA than you are out of us." Mr. Richard Grogan, 1 North Fairfax, Winter Springs, Florida: commented on the commerce and great rates that international visitors get. Mr. Robert Ori, 695 Canopy Court, Winter Springs. Florida: asked about an "Interlocal Agreement requiring you to turn over Lake Jesup going east" and asked how old this was, what were the terms, and has it been renegotiated? Mr. Dale responded, "It's not an Interlocal- I mentioned a 'Memorandum of Understanding' with Air Traffic Control that we would work on." Mr. Ori mentioned his preference for an Interlocal Agreement. Mayor Partyka stated, "We have none." Ms. Juanita Blumberg, 1130 East State Road 434, Winter Springs. Florida: spoke of her previuus service on a Noise Abatement Committee, and asked how Orlando Sanford Airport handles such problems. Brief comments were made. Mayor Partyka thanked Mr. Dale and Mr. White. Mr. Dale said, "Anytime you want something from us, come see us or we'll come down here." III. CONSENT CONSENT A. General Services Department Requesting The City Commission Approve Staffs Recommendation To Renew Automobile Liability, General Liability, Property Damage, And Public Officials Liability Insurance Coverages FY 02 Through Coregis And AIG, And To Engage Preferred Governmental Insurance Trust (PGIT) As The City's Workers Compensation Carrier. This Item was postponed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 5 OF 29 CONSENT B. Utility Department Requesting Authorization To Enter Into A Contractual Agreement For Construction Of Well #4 At Water Treatment Plant #1. CONSENT C. Public Works Department Requesting Approval Of The Public Improvements And Maintenance Easement And Agreement From The Howell Creek Reserve Community Association, Inc. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. General Services Department Wishes To Inform The Commission Of The City's Policy Regarding Compensation To Employees Who Are Called To Active Duty Status In The Military. Discussion ensued with Mr. Gene DeMarie, General Services Department Director. Commissioner Martinez stated, "I don't have any objection to following the same rules and procedures that other citiesfoHow.') .. ..---.... ... . . Further discussion. Attorney Garganese read the related Section from the Florida Statutes. Attorney Garganese stated, "Based on your Policy, you have reserved the right to address it at the time it occurs." Commissioner Blake agreed with Attorney Garganese's statement. Commissioner Blake then inquired, "What happens if they decide to seek employment elsewhere, after that time? Then basically we have spent a lot an awful lot of the taxpayer's money holding a position and paying somebody for work not performed when they go elsewhere. That is a concern I have also. I think we need to have Staff do some additional work on this and bring us back some suggestions at the next Meeting, so that we can act on it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22,2001 PAGE 6 OF 29 Mayor Partyka asked which Policy applied to this. Mr. DeMarie advised Mayor Partyka that it was 27.3. Discussion ensued on this and specifically regarding the authorized time. Commissioner Blake asked, "How long does this last?" Commissioner Blake commented that it was for the "Authorized period" and asked, "When was the authorized period?" Mr. DeMarie responded, "According to the Military call-up." Commissioner Blake then stated, "But it is not defined in here." Mr. DeMarie then said, "I can take care of that." Commissioner Blake added that he felt this was a "Cloudy Policy." Commissioner Miller spoke of the difference in pay relative to different positions held in the Military and said, "The real question is do we want to do better than this and say we'll give them a month, two (2) months, three (3) months pay gratis, in addition to whatever they are already making in the military." Commissioner Miller further suggested that for some lower ranks positions it would be nice, but "If he is a Brigadier General, he is already making $60,000.00 a year, some taxpayers may say this is kind of an unnecessary largess to pay him his month, two (2) months, three (3) months salary in addition to his Brigadier General salary, so - that is something you may want to look at." Further, Commissioner Miller said, "But I think it is very clear here, in so far as what is the authorized time. The authorized time is whatever is specified in his orders." Mr. DeMarie said, "I can define that further if you want." Commissioner Blake added, "That would help." Commissioner Gennell felt that the City's policy was clear and said, "If the Commission desires to pay them a full month for the first month - I have no objection, over and above the mi 1i'i:ary. " Commissioner Blake then inquired about Section 27.4 and said "That benefits do not occur during .this perion." Mr. DeMarie stated, "I can research it." With further discussion, Mr. DeMarie stated that regarding "Commissioner Blake's specific question - what does the Military provide during the time he is on active - I can look into that and find out that answer." City Manager Ronald W McLemor.~ arrived at 7:45 p.m. Mr. Lockcuff left the dais at 7:45 p.m. Mayor Partyka stated, "If there are any individual questions that maybe Commissioner Blake has and that were brought up, you can handle that on a one-on-one basis." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22,2001 PAGE 7 OF 29 ADD-ON INFORMATIONAL B. Public Works Department Updating The City Commission Regarding The Edgemon Avenue/State Road 419 Traffic Signal. Commissioner Gennell stated, "The way that this is being drafted to us, is not the way we directed Staff to do it." Commissioner Gennell added, "We need the signal at Edgemon. I am all for going forward with the signal where we directed Staff to put the signal, and encouraging DOT to accelerate their funding, or lacking that, of us funding the signal and waiting for them to repay us." Commissioner Miller spoke of a recent traffic accident and said "My suggestion to City Staff was let's find a place on that street to put one (1) light in." Commissioner Miller added, "We need to do something and I think this is probably a good start." Further, Commissioner Miller stated, "I would like the City Staff come back to us with some kind of a proposal where we could put a light in there using surplus equipment that we might buy from somebody, and what would it cost?" Commissioner Gennell asked, "Is it not possible for the City to fund that red light and then wait to be reimbursed by the State?" Mr. Lockcuff said, "That's our intent. They will fund the difference, though obviously wouldn't fund the decorative portion." Further, Commissioner Gennell stated, "My position is I don't want to hear anything about' an alternative location because we can't afford to put the signal where it is supposed to go and be reimbursed by the State. I do think that it is imperative that we go ahead - point out to them the newest fatality and see if they can't expedite their plans." Commissioner Gennell added, "But, I don't want to see it someplace else." Discussion. Commissioner Miller said, "If the City Manager wants to make an intelligent decision - - .- then he better get back to us real quick before we lose another person on that roadway, so we can get a light on Edgemon and then we can get on with getting another light on Moss, at some point." Commissioner Martinez and Manager McLemore agreed that the speed limit on State Road 419 needs to be reduced. "I MOVE THAT WE INSTRUCT THE STAFF TO COME BACK WITH THE PROPOSED DESIGN FOR THIS TRAFFIC SIGNAL AT EDGEMON AVENUE-.- AND 419, AT THE NEXT MEETING - NOTHING ELSE." COMMISSIONER GENNELL ADDED, "YOU CAN GIVE IT WITH THE ENHANCEMENTS AND WITHOUT, AND WE CAN DECIDE AT THAT TIME WHETHER WE WANT '.-'.' ... .j~..' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 8 OF 29 TO ENHANCE IT." THAT'S MY MOTION. MOTION BY COMMISSIONER GENNELL. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. DEPUTY MAYOR McLEOD ASKED HOW LONG "THE CONSULTANTS WOULD TAKE TO STUDY THE SITUUATION?" MR. LOCKCUFF SAID, "A . COUPLE OF WEEKS." DEPUTY MAYOR McLEOD ADDED, "I WOULD SAY THAT IF THE COMMISSION MOVED FORWARD TO TELL STAFF TO LOOK AT IT AND THAT WOULD BE DONE WITHIN A FORTY-FIVE (45) DAY PERIOD - OR AT THE END OF THE FORTY-FIVE (45) DAYS IF YOUR RECOMMENDATION FAILS TO COME BACK TO THE COMMISSION, THAT WOULD TELL US AUTOMATICALLLY THAT WE ARE GOING TO PUT THE LIGHT UP - MOVE FORWARD WITH PUTTING THE LIGHT AT EDGEMON." Tape 2/Side A DEPUTY MAYOR McLEOD ADDED, "THEY NEED TO BRING SOME OF THAT INFORMATION BACK HERE THAT IS VERY FACTUAL." "I WOULD LIKE TO AMEND THE MOTION TO READ THAT THE CITY MANAGER WILL ALSO BRING US THE INFORMATION - THAT HE WAS GOING TO BRING US ANYWAY AND IF THE MOTION THAT COMMISSIONER GENNELL HAS INTRODUCED PASSES, THEN HE CAN BRING THAT ALSO. BUT I WOULD LIKE TO SEE THE INFORMATION FOR BOTH - INTERSECTIONS." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER MILLER SAID, "I DON'T ONLY WANT TO LOOK AT THE EDGEMON ISSUE, TWO (2)WEEKS FROM NOW. TWOULD'LIKETOLOOK AT ALL THE ALTERNATIVES." VOTE: (ON THE AMENDMENT) DEPUTY MAYOR McLEOD: "AYE. ".... .. ..q. . ...- COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 9 OF 29 VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka called a Break at 8: 16 p. m. The Meeting was called back to order at 8:30 p.m. by Mayor Partyka. .:. .:~ AGENDA NOTE: THE COMMISSION THEN VOTED ON INFORMATIONAL AGENDA ITEM "A" AS NOTED. .:..:. INFORMATIONAL A. General Services Department Wishes To Inform The Commission Of The City's Policy Regarding Compensation To Employees Who Are Called To Active Duty Status In The Military. "I'D LIKE TO MAKE A MOTION TO APPROVE INFORMATIONAL ITEM 'A.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE- COMMISSIONER BLAKE: AYE MOTION CARRIED. V. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department/Land Development Division Presents To The Commission The Recommendation Of The Development Review Committee As It Relates To The Request Of JDC Calhoun, Inc. (JDC) For Six (6) Special E.xceptions To The Town Center District Code For The Publix Building [Building Number Twelve (12)].. Mr. Charles Carrington, AICP, Community Development Department Director and Mr. John Baker, AICP, Current Planning Coordinator Community Development Department CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 10 OF 29 introduc.ed this Agenda Item and read from a document that was handed to Members of the Commission regarding "Special Exceptions." Commissioner Blake stated that regarding "The problem on 'Special Exception' 1) is that there is no reverting back on or removal of that' Special Exception' if and when Phase III is built. In other words, when Phase III is built with the liner buildings along 434, they should not be allowed to have a 'Special Exception' then to have the non-transparent glass with the liner buildings." Mr. Carrington said, "I understand. That is the intent and maybe the wording needs to be clarified." Much discussion ensued on the status of buildings 7 and 8 and the Developer's Agreement with Members of the Commission; Manager McLemore; Attorney Garganese; Mr. Charles (Chip) Carrington, Attorney for JDC Calhoun; and Mr. Herb Green, Engineer with Avid Engineering. .Mr. Herb Green, Engineer with Avid Engineering: "1 think the way the interpretation should re;td is the plan you saw before you as the Preliminary Plan was the outright intended plan for the buildings. Now, the way that reads is the site plan that we are submitting before you tonight shows the intended buildings 7 and 8 and then the revision of the park pod there. So, that is what we are asking approval on." Mayor Partyka stated "Point of Order" and said, "'H' - that's already included in the Developer's Agreement. Nothing is changed on that, is that correct?" Mr. Green responded, "That is correct." Mayor Partyka then said, "That's correct, so in effect, what we are doing now is approving the - current site plan." Mr. Green then said, "Right. " Commissioner Blake stated "Point of Order" and discussed the prior approval of the Developer's Agreement. With further discussion about buildings 7 and 8, Attorney Garganese said, "If your concern is that buildings 7 and 8 may someday go away - you are approving the site plan which incorporates buildings 7 and 8, period. I mean they are intended to exist.." Further discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Mark Batchelor, 200 Torcaso Court, Winter Springs. Florida: briefly addressed the Commission. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE I I Of' 29 "MAYOR, I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 'A' FOR THE SIX (6) 'SPECIAL EXCEPTIONS' TO THE TOWN CENTER DISTRICT CODE, THE PUBLIX BUILDING NUMBER 12." MOTION BY COMMISSIONER MARTINEZ. Note: No action was taken on this Motion. Discussion followed on Agenda Item "H." Regarding Commissioner Blake's request for a change in the language of "Special Exception" 1), Mr. Carrington stated that "}) - it should read, reflective and bronze tinted glass is requested in alternating windows along State Road 434 in Phase I, but not in the Phase III liner building provided it is not located at each end of the Publix building." The change was agreeable with the City Commission. Tape 2/Side B Note: 77lere were technical difficulties with the beginning of Tape 2/Side B. Tape 3/Sidc A Further discussion ensued on buildings 7 and 8; Public Hearings Agenda Item "C;" and what items are being approved under this Agenda Item. Commissioner Blake stated, "Point of Order" and spoke about the Developer's Agreement. Mayor Partyka said, "Commissioner Miller made a suggestion - wanting to see if the applicant would change anything or negotiate. Two (2) Commissioners basically said 'No.'" Commissioner Gennell said, "I am willing to wait and argue this on 'CO ", Deputy Mayor McLeod said, "'C' is fine and I don't know that we need to - concern ourselves as heavily as everybody is talking about on this 'H' right now." ~'I WUULD LIKE TO MAKE A MOTION TO APPROVE ITEM' A' WHICH IS CONSIDERING THE SIX (6) EXCEPTIONS REQUESTED BY THE APPLICANT INCLUDING 'THE' 'CHANGES TO-'SPECIAL ~XCEPTION' 1), THAT HAS TO DO WITH REFLECTIVE AND BRONZE TINTED GLASS AS READ BY STAFF." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. DEPUTY MAYOR McLEOD ADDED, " I DON'T THINK IT WAS CALLED BRONZE TINTED GLASS." COMMISSIONER BLAKE SAID, "REFLECTIVE AND BRONZE TINTED GLASS." DEPUTY MAYOR McLEOD THEN SAID, "YES, BUT - THEY ARE CALLING IT SOMETHING ELSE IN THEIR DOCUMENTS." COMMISSIONER BLAKE. AND.. MR. CARRINGTON SAID, "SPANDREL GLASS." DEPUTY MAYOR McLEOD ADDED, "AND I THINK THAT IS WHAT YOU WANT TO LEAVE IT, BECAUSE IT IS MORE OF A GREENISH- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 12 OF 29 GRAY GLASS WE LOOKED AT, NOT A GOLD GLASS." COMMISSIONER MARTINEZ AGREED WITH THIS AS HIS MOTION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS B. Community Development Department/Land Development Division Presents To The Commission The Recommendation Of The Development Review Committee As It Relates To The Request Of JDC Calhoun, Inc. (JDC) For Two (2) Special Exceptions To The Town Center District Code For Two (2) Decorative Entry Sign Locations. Mr. Carrington introduced this Agenda Item. Discussion followed the Developer's Agreement and where the signage is to be located. Deputy Mayor McLeod stated, "We have a site plan - drawing - site plan that shows both these. I believe this is to scale, and I would just ask the Commissioner that - part of the Motion be that this site plan become part of this document." Further discussion on where the signs were to be specifically located was further discussed. Attorney Garganese stated, "If you want to pin down a general location and the appHcant is in agreement - we can come up with some verbiage in a Developer's Agreement to further define the location. I think that would be acceptable." Commissioner Blake said, "The site plan that we have shows the two (2) signs and their location in question, but shows them as monument signs which we are specifically excluding. My question would be, do we have the ability to draw a circle with some radius on the site plan, stating that the'sigri will occur in that area? Would that take care- of it?" Attorney Garganese stated, "Yes." Manager McLemore added, "I am going to bring that exception to the site plan." Deputy Mayor McLeod said, "What we are really being asked to approve is the conceptual location and on their site plan, they do address a site wall with signage. Now, later we were told they would then come back and give detailed drawings of that - sign wall and what the signs look like; so we are really trying to approve location, conceptual location with this 'Special Exception.'''. Manager McLemore said, "Right. I just want to memorialize that when we get to the site plan that it is not specifically the way it is shown on the site plan. It is the general location that's on the site plan, subject to the 'Special Exception' and amended Development Agreement." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE \3 OF 29 Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Mar}c Batchelor, 200 Torcaso Court, Winter Springs, Florida: addressed the Commission about the decorative sign and questioned what the specifications were. The "Public Input" portion of this Agenda Item was closed. "I WILL MAKE A MOTION THAT WE DO ACCEPT ITEM 'B' AND DO GIVE THE "SPECIAL EXCEPTION" TO THE - SITE WALL WITH SIGNATURE SIGNAGE FOR THE LOCATIONS." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. Mr. Carrington asked, "Did the Motion include Staff s recommendation, there were several recommendations as to size?" Deputy Mayor McLeod said, "I made the approval ofItem 'B,' which would be with the recommendations." Mayor Partyka asked, "Did the Commissioners understand it the same way? Okay, so the Vote holds." PUBLIC HEARINGS C. Community Development Department Presents To The City Commission The Preliminary Site Plan For The 3-Phase 243,110 Square Foot James Doran Company Winter Springs Town Center. Documentation was handed out to Members of the Commission. Commissioner Blake ash:ed Mr. Carrington, "With each of the revisions, did we check to be sure that nothing else changed that was previously approved or not found to be out of compliance?" Mr. Carrington responded, "Yes,' that has been the intent.'" With discussion, Manager McLemore recommended that the Commission "Not approve these plans tonight, except under one condition, and that is that if they are not complete by - this Friday, that they have to come back to you at the subsequent meeting to be approved. " Tape 3/Side B Mr. Herb Green agreed with Manager McLemore's statement and specifically said, "I agree with the City Manager's recommendation. Go ahead and approve us contingent on we can tix these plans on Friday, and I can say before you tonight, I'll personally take care of that before Friday and have the plans in order." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 14 OF 29 Commissioner Gennell asked about documents which had been referred to and the excerpts of the Developer's Agreement included in this Agenda packet. Commissioner Gennell '.;uggested that it "Might be helpful to some of us to have the complete documents included in Agenda packets." Much discussion followed on the site plans; the phases; and what is actually being approved at this time. Commissioner Gennell suggested that "You need to come back with a more complete plan with everything incorporated in it, and I will call your attention to one small item, building 8 on one plan has one footprint, and then on another page it has a different footprint to it." Commissioner Gennell then said, "So, I am going to suggest that we continue this to our very next Meeting and that the applicant be given every opportunity to get all their plans in order and resubmit it." Deputy Mayor McLeod asked, "Wasn't buildings 3 and 4 in Phase II though? And are we are now calling that part of Phase III? I think that is part of the question." Deputy Mr.yor McLeod referred to a plan and stated, "In your original drawings that you just had up there, okay, under Phase II before, the drawings you had there - shows 1, 2, 3, and 4 as Phase II, and your drawings this evening - are taking out buildings 3 and 4 in that sectar of the drawing." Manager McLemore added, "There were specific square footage requirements tied to those agreements, of building space." Deputy Mayor McLeod added, "It's because it is saying to be developed in the future, plus, your drawings do not have the structural for the sewer systems and the water systems for that comer." In response, Mr. (Chip) Carrington stated, "The buildings are depicted on the final site plans, right?" Deputy Mayor McLeod said, "That is correct." Mr. (Chip) Carrington continued, "So we are talking about notational narrative information that is a question. We have already agreed to change that language - the language on the final site plan to clarify that issue." Deputy Mayor McLeod asked, "What are we going to change that to ?" Mr. Green responded, "If it would please the Commission, we could - just strike it out. The only reason we put that in there..." Deputy Mayor McLeod added, "...I understood, you said because there is a possibility it could ~e a bigger footprint buildi_ng at th'!t site. . ." Mr. Green said, "... Or a different circulation around the..." Manager McLemore added, ".. .But, you could come back and amend that plan later." Mr. Green agreed and said, "Right." Deputy Mayor McLeod said, "I don't want to lose buildings 3 and 4 - is the question here - of the second Phase of the agreement, if you are saying you're doing Phase I and II right now, the second phase included buildings 3 and 4 and your Engineers have not designed that into the site plan that we have in front of us at this time - and that's theHproblem." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGEI50F29 Mr. (Chip) Carrington said, "The site plan doesn't create an obligation for us to build any building on here. I mean - your hooks in us quite frankly are per the Developer's Agreement. The site plan doesn't create an obligation for us to build any of this stuff." Manager McLemore said, "There were obligations of square footage as I recall..." Mr. (Chip) Carrington said, "...And that's governed by the Developer's Agreement and that still applies. But this site plan is not an instrument by which we are obligated to build anything, it's a site plan approval." Manager McLemore then said, "You don't even show them on here, you don't even show the buildings that make up that required square footage are not even shown on this plan - that were in Phase II. But yet you are saying your site plan is for Phase I and II - the original plan." Mr. (Chip) Carrington then said, "The buildings are shown. We've just agreed to strike the language that he has raised as an issue." Further, Mr. (Chip) Carrington said, "They are depicted on there; we just haven't done Final Engineering on them because we're thinking we are going to have to bump the pad locations." At:orney Garganese was asked by Deputy Mayor McLeod to confer with Mr. (Chip) Carrington regarding the comer location. Commissioner Gennell added, "Could I also ask that they also address my concerns with paragraph 'H.'" Mayor Partyka called a Break at 10:23 p.m. The Meeting was called back to order at 10:49 p.m. Mayor Partyka stated, "Let the record show the Commissioners are here; City Attorney and the City Manager are not here." Commissioner Gennell advised those in attendance about the upcoming November 7'h CALNO Meeting which is being held at the City of Winter Springs. "MOTION TO TABLE ITEM 'c' ON THE PUBLIC HEARINGS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMiSSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 16 OF 29 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR (NEW ITEMS FOR THIS AGENDA) AGENDA ITEM WAS NEXT HEARD BY THE COMMISSION. .:. .:. VII. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR E. City Manager Requests That The City Commission Consider Whether The Mayor And City Commission Wish To Be Included In The City's Service Recognition Program. With brief discussion, the consensus of the Commission was that they were not in support of this. No action was taken. "MOTION TO EXTEND." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "C" WAS AGAIN DISCUSSED BY THE COMMISSION. .:..:. V. PUBLIC HEARINGS PUBLIC HEARINGS C. Community Development Department Presents To The City Commission The Preliminary Site Phm 'For The" 3-Pbase -. 243,110 Square Foot James Doran Company Winter Springs Town Center. "MOTION TO TAKE ITEM 'c' PUBLIC HEARINGS OFF THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 17 OF 29 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMM1SSIONER MILLER: AYE MOTION CARRIED. Manager McLemore spoke of the plans and stated, "Correlating the drawings to the document is the test." Manager McLemore explained that "What they are required to do under the agreement is to build these buildings, which are circled in blue, including these - three (3) buildings, this building and these buildings - and the supporting infrastructure, is all they are required to do under Phase 1. What they are proposing to do in a future phase or Phase II - these buildings in green - or behind the green, is what they desire to do in Phase II." Manager McLemore then said, "Main street was in the first amendment - was dropped out, and we all agreed to that." Manager McLemore further explained that "Phase III is simply the - liner building in front of Publix, which is right here and these three (3) additional buildings, so based on what is submitted here, what we are approving - approving this site plan is fine. There is nothing wrong with approving this site plan, even though a portion of it has not been completed in detailed engineering because there is not intention to build there right now. But, they can't build there until, obviously they come back in and complete the engineering. " Furthermore, Manager McLemore stated, "The detailed engineering covers all the buildings that they are currently required to build under your agreement and all of the supporting parking, water, sewer, drainage, landscaping to that. If they desire to do Phase II, again which is in the yellow; next, in Phase III would be the liner building and those - so, you can approve these plans - a couple of notes - that the signage that is shown is generally representative of the location. Okay, want that note to make sure it is not spee,ifically the way it is shown on that plan." Manager McLemore continued, "And that all these other issues that have been brought up in here in detail. We have to clarify these by Friday, or we'll bring it back to you at the next Meeting for approval." Additionally, Manager McLemore advised the Commission that "As part of the agre;ement, under the special condition, we will go back in and amend the Development Agreement, we just want to clarify the buildings and the phases, so we don't get in this discussion again. We'll do it by using a color map that shows very clearly what is going to happen in Phase I, the buildings and infrastructure." Discussion ensued on the plans, amendments and what has changed. Tape 4/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 18 OF 29 Further discussion. Commissioner Gennell said, "Pull the map over so we can see the west end of Publix which was where 'R' was involved; so you are saying they are required to do building - is tha"l 8 there - that building..." Manager McLemore said, "... This building right here and Publix." Commissioner Gennell then said, "The way their Developer's Agreement currently reads - at their option they can delete that building." Attorney Garganese responded by saying, "1 don't believe that paragraph can really be interpreted with these new plans as originally contemplated. My read of that paragraph 'R' was they could delete all of the buildings - in exchange, they were required to do something like a pocket park or landscaping that was acceptable to the City during the Site Plan Review process." Attorney Garganese then said, "They're agreeing now, based - on the modifications and their Final Engineering, they are agreeing to build one of those buildings on the west side of Publix - so - I don't think they can now afford themselves of that paragraph." Mr. Green stated, "We're proposing to build 7 and 8 by this site plan. Now, my understanding was if I have to change that site plan, I have to come back before this body to :set the modification to the site plan approved." Commissioner Gennell then said, "So, you 'r~ reading it that at their option they would have the option of deleting it and coming back here and substituting another site plan." Mr. Green said, "Without your approval of the site plan modification and Staffs recommendation of such, we can't get that." Attorney Garganese added, "And not only that, they would have to have the Development Agreement, I think changed as well." Further discussion ensued on trash dumpsters and check valves. Commissioner Gennell asked, "And that's the only site in the whole project where they are going to be, or are they going to be located anywhere else?" Mr. Green responded, "Publix is the only user that uses the six (6) inch fire check valves; and the other areas - if we have that building to the - on Main Street, the comer store there, depending on the size of that they may require it, and we'll have to hide it in some landscape areas." Mayor Partyka opened th.e "Public Inpl}t" portion of this Agendo: Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE SITE PLAN WITH THE FOLLOWING NOTES THAT THE CORECTED COPY TO INCLUDE ALL OF STAFF'S COMMENTS BE DELIVERED TO CITY HALL NOT LATER THAN 2 O'CLOCK IN THE AFI'ERNOON ON FRIDAY, - OCTOBER 26TH - AND THAT THIS COpy THAT WE HAVE BEFORE US WITH THE BLUE AND THE YELLOW AND THE GREEN INK ON IT BE RETAINED AS PART OF THE RECORD THAT SHOWS, OR DEFINES THE CITY OF WINTER SPRiNGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 19 OF 29 PHASES AND IF WE COULD - ACTUALLY ADD A KEY TO THIS - WHAT THE GREEN MEANS, WHAT THE BLUE MEANS, ETCETERA, SO WE KNOW WHAT ARE THE PHASES. THE APPROVAL IS CONTINGENT UPON ALL OF THESE THINGS BEING DONE. IF IT IS NOT DELIVERED MEETING ALL OF THESE REQUIREMENTS BY 2 O'CLOCK THIS FRIDAY, THEN APPROVAL IS SPECIFICALLY WITHELD AND WILL HAVE TO COME BACK BEFORE THIS COMMISSION AT OUR NEXT REGULAR MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER MARTINEZ ASKED, "I THOUGHT THE CITY MANAGER SAID WE WERE GOING TO PUT SOME CIRCLES ON THIS SITE PLAN INDICATING WHERE THE SIGNS WOULD BE?" COMMISSIONER BLAKE SAID, "I INCLUDED THAT AS PART OF THE STAFF'S COMMENTS." DEPUTY MAYOR McLEOD SAID, "I WOULD APPRECIATE RETAINING THE DRAWING WE HAVE DOWN HERE, BUT CAN WE NOT ALSO HAVE THEM ON THE ACTUAL SITE PLAN THAT IS BEING - BROUGHT IN FRIDAY..." MR. GREEN SAID, "...YES." DEPUTY MAYOR McLEOD CONTINUED, "...TO PROTECT THE PHASE I AND PHASE II BUILDINGS ON THA T SITE PLAN - WITH A LEGEND THAT STATES, THIS LINE IS PHASE I, THIS LINE IS PHASE II FOR THE BUILDINGS." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE HEARD NEXT BY THE COMMISSION. .:..:. PUliLlC HEARINGS D. Cr~mmunity Development Department Presents To The City Commission A Request By The WS Town Center Auto To ReMove This Item From The "Table" And Hold A Public Hearing To Consider A Special Exception To Allow An Automobile Repair Shop For Only Routine Service, As Set Forth In The City's Town Center District Code And As Recommended By The City's Town Center Consultant. Mayor Partyka stated, "I need a Motion to take it off the Table." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22,2001 PAGE 20 OF 29 "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mr. Carrington introduced this Agenda Item. Discussion. Regarding the second building, Commissioner Miller said, "It would concern me right now if I were to find out that in fact there was going to be a second automotive facility next to it." Manager McLemore advised the Commission that he and Attorney Garganese are suggesting that we "Could take all the stipulations of this 'Special Exception' and create a Development Agreement with that, so that it would run forever with the land." Commissioner Martinez voiced his concerns with the issue of the tow trucks. Manager McLemore said, "I think what we stipulated was all he could do was drop off." Manager McLtmorc added, "He cannot park his tow truck on the site." Regarding walles), Mr. Carrington stated, "We are recommending only across the rear property line." Commissioner Martinez asked "What happens to the properties to the . west - there is a property to the west side that starts right here near the entrance that would be adjacent to this property, and there are people living there." Commissioner Martinez said to Manager McLemore, "I request you look at this also because - there are people living there, and they need some protection." Manager McLemore said, "I think that is probably going to be a reality, that it has to be walled. I don't think that is a problem." Commissioner Gennell asked, "Is this going to be rental,_or i~ this owner occupied?'.' Mr. Ronald L. Wilson, Florida Site Selectors, Inc.: stated that "He would be living with his family there, it would not be multiple residences." Parking on the property was next discussed. Deputy Mayor McLeod said, "The frontage road is fine, but I know that we are designed right now under a single frontage road we had a discussion the last time they were here, I am suggesting that it makes sense, I think from the City's side to move that thirty (30) foot easement on the back sides to the front side to give you a two-way service road on the front side." Deputy Mayor McLeod then said, "That's something I think this Commission needs to consider as we go down the road with this thing, is what happens to that road back there." Deputy Mayor McLeod then suggested that the applicant should CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22,2001 PAGE 21 OF 29 consider carefully whether a residence should be placed over a garage and specifically advised, "You better look at the building code requirements for doing that." Commissioner Blake commented that "I would be very concerned if there wasn't a wall on the other two (2) sides as opposed to just on the back side." Commissioner Blake then asked about violations and how would they be stopped. Mr. Carrington explained, "If we have a Development Agreement, then it becomes a code violation and if in fact they are violating the code, then it will come before the Code Board." Commissioner Blake then asked, "Then what happens?" Attorney Garganese said, "It's a contract action, a breach of contract, you can seek injunctive relief and enforce the provisions of the agreement, that's what I would recommend, because - this is a 'Special Exception,' it's being reviewed and there are operational conditions, and the best way to enforce those operational conditions are through a Development Agreement, it runs with the land." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE EXCEPTION, AND TO INCLUDE A DEVELOPMENT AGREEMENT TO BE HAMMERED OUT BETWEEN THE CITY STAFF AND ATTORNEY AND THEIR ATTORNEY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS E. Office Of The City Manager/Office Of The City Attorney Present To The City Commission For The Third Reading and Final Adoption of Ordinance Number 2001-50 That Would Establish Additional Regulations Of Off- Premises Signs/Billboards. Attorney Garganese read the Ordinance by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 22 OF 29 The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE ORDINANCE 2001-50." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Tape 4/Side B VI. REGULAR (CONTINUED FROM THE OCTOBER 8, 2001 REGULAR MEETING) REGULAR F. Office Of The City Manager Ci~ Manager Requests The Commission Readdress The Open Alcoholic Beverage Container Issue As Requested By The City Commission. (This Item Was Previously Oil The October 8,2001 Regular City Commissioll Agellda, However, No Official Actioll Was Takell). Manager McLemore stated, "We are again requesting this be Tabled - we request that it be either Tabled to a future date or taken off the Agenda." Mayor Partyka stated, "This would just be postponed." Commissioner Martinez stated, "Can we postpone it to a date certain, which would the next Meeting." Mayor Partyka then said, "It is postponed." .:. .:. AGENDA NOTE: THE FOLLOWING TWO REGULAR (NEW ITEMS FOR THIS AGENDA) AGENDA ITEMS WERE NEXT HEARD IN THE ORDER AS PRESENTED TO THE COMMISSION. .:..:. VII. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR B. Police Department Requesting Consideration By The Commission Of The Results Of The Meetings With The Residents Concerning On Street Parking On George Street And For Approval Of Recommendations. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 23 OF 29 Chief of Police, Daniel J. Kerr introduced this Agenda Item. Discussion. "MOTION TO EXTEND." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Chief Kerr mentioned "There was also a request during that last Meeting by the people present for a 'Seminole Speed Hump' halfway down the street there to slow traffic down, in addition to the other items." Mayor Partyka opened the "Public Input" portion of this Agenda Item. Ms. Rebecca G. Howie, 500 George Street, Winter Springs. Florida: addressed the Commission on this matter and spoke of her desire to preserve the green area between the two (2) highways; asked for the parking to be on the north side; suggested that a speed hump would help slow down traffic; and requested increased lighting for safety. Discussion followed on the reasoning behind the selection of where the parking is being suggested, and where the mailboxes are located. Deputy Mayor McLeod stated, "I am real concerned about the kids crossing the street to get to the cars." Furthermore, Deputy Mayor McLeod said, "I definitely again would tell you - my recommendation if you are going to go over there which I am not crazy about it but I would go along with it, that you turn those vehicles and head them the other direction coming down that street, so that the kids do not get out into the street." Ms. Kimberly Fluver, 414 George Street, Winter Springs, Florida: spoke of her concern with speed bumps; safety of the children getting out of vehicles on the passenger side; and that the narrowness of a one-way street would cause problems for the residents to get their cars out. Mr. Roger H. Downing, 400 George Street, Winter Springs, Florida: commented that there have not been any accidents on this street; and suggested there should be a buffer zone. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22,2001 PAGE 24 OF 29 Ms. Carmen Bierman, 408 George Street, Winter Springs, Florida: spoke of the delivery of the notices and that a number of the residents are renters who don't care; and problems associated with a one-way street. Ms. Lucy A. Downing, 400 George Street, Winter Springs. Florida: did not wish to address the Commission, but was "Opposed." Th'? "Public Input" portion of this Agenda Item was closed. Commissioner Martinez said, "Which way do you want it? You have to let us know, and based on what the Chief said, and what you people have said, I think we have to postpone this here and wait for you to have some other meetings where a majority of the people will give us an indication of exactly what you want and then we will go with the will of the majority." Commissioner Miller agreed with Commissioner Martinez. Deputy Mayor McLeod stated, "I am still in favor of moving that street over, and I know there are problems to do that, but get some greenway between the - sidewalk and the street and move the street over to accommodate adequate space to achieve what we need to do; and that allows you to put parking - make the street wide enough to park on the side of the street that the residents are on, and put a greenway between the sidewalk itself and the - parking area." Deputy Mayor McLeod then spoke of problems with Wade Street and added, "I think it definitely needs to be looked at and reconsidered." Commissioner Blake said, "I think what we should do is have Staff send out a ballot to each of th~ property owners, not the residences, but the property owners who are there and perhaps instruct them that it might be a good idea to discuss with their tenants if they happen to be a landlord situation about what they would prefer, and have ballots come ,back within a certain period of time to see if they like this plan, do not like this plan, or want to try something different." Commissioner Gennell stated, "I would like to see the efforts redoubled and as Commissioner McLeod said, I think it's worth looking at and doing it right." Additionally, Commissioner Gennell stated, "I think - the meeting notice needs to be mailed out in the regular postal mail to the homeowners and I think we just need to get a better feel for what really is possible out there, and just take it one step further, without diminishing the width of the road that they have had all of these years." Mayor Partyka stated that based on what Members of the Commission have said, "The majority S3YS there ought to be some'kindofvotetaken:'''''Regardinghow the'vote'should' be done, Mayor Partyka stated, "City Manager, can you handle it?" Mayor Partyka then said, "There is going to be some kind of mailed vote that is going to be sent to the owners. City Staff headed by the City Manager will come up with some kind of - hopeful!y fair way with options and that's the way this thing will be handled." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 25 OF 29 Deputy Mayor McLeod further suggested, "I think you need to have a meeting with the Staff and maybe yourself - and the notice should probably go out to the property owners, that there's going to be a meeting to discuss some options and I think those options - we've had here most of them before including widening the road and those things, and I think they all need to be put on the table." Deputy Mayor McLeod then said, Perhaps the property owners need to be contacted and educated. So that is what I see that needs to be done Mayor, is to contact at least the property owners with - the return receipt." Chief Kerr asked the Commission, "If we are going to send something out to the residents asking for opinions, have them come in and meet - if we've got the liberty to give them options that also require more expenditures of City funds, I think we need that direction also." Deputy Mayor McLeod stated, "I think the Staff still has to come back to this Commission with recommendations." Further discussion followed on funding. Tape 5/Side A "Point of Order" by Commissioner Martinez who spoke about the current discussion. Manager McLemore said, "What I would do is, I would - contact the owners, I would have a meeting, I would show them the options and then bring the results back to you, and the options would include the costs and the time to get it done." "I WOULD LIKE TO MAKE A MOTION THAT WE INSTRUCT THE CITY MANAGER TO BRING US BACK SOME OPTIONS AND ALTERNATIVES FOR THE NEXT MEETING AS AN INFORMATION ITEM AND WE CAN DISCUSS IT FURTHER AT THAT TIME." MOTION BY COMMISSIONER MILLER. COMMISSIONER MILLER WAS ASKED TO ELABORATE ON HIS MOTION AND SAID, "HE.'IS GOING TO MAKE UP A' BALLOT; WHAT WOULD THE ITEMS BE ON THE BALLOT; WHO WOULD IT GO TO; WHAT WOULD IT DISCUSS." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER GENNELL SPOKE OF NOT BEING RECOGNIZED AND ST A TED, "I WAS GOING TO REQUEST TONIGHT ANYHOW, BECAUSE THIS IS NOT THE FIRST TIME THIS HAS HAPPENED WITH THE LIGHTS, THAT WE COULD PLEASE ASK THE CITY MANAGER TO LOOK INTO SOME SORT OF A SYSTEM TO CUE UP THE PEOPLE AS THEY PUT THEIR LIGHTS ON, IT CAN'T BE THAT EXPENSIVE." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 26 OF 29 Commissioner Gennell then spoke of the George Street issue and asked if funding was available in Stormwater funds? Kip said, "We were trying to avoid the Stormwater issue with the additional pavement, but if the road got moved, certainly it would be a proponent. " COMMISSIONER GENNELL STATED, "I WOULD SUPPORT A MOTION TO HA VE THE CITY MANAGER PUT THIS BACK ON A REGULAR AGENDA AT A REASONABLE TIME FOR DISCUSSION." COMMISSIONER GENNELL THEN SAID, "I WOULD AMEND COMMISSIONER MILLER'S MOTION TO ASK THE CITY MANAGER TO BRING IT BACK, NOT A BALLOT, BUT BRING THE SUBJECT MATTER BACK WITH SOME SUGGESTIONS AT A REASONABLE TIME." AMENDMENT TO THE MOTION BY COMMISSIONER GENNELL. SECONDED. DISCUSSION. Note: Please see the next page for further discussion and action on this Motion. VOTE: (ON THE AMENDMENT - DEALING WITH GEORGE STREET) COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED - DEALING WITH GEORGE STREET) DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. Commissioner Gennell reiterated her recent Motion dealing with a cueing system for lights on the dais. "I MOVE THAT WE DIRECT THE STAFF TO LOOK INTO THIS." MOTION BY COMMISSIONER GENNELL. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 27 OF 29 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Commissioner Gennell departed the Meeting at 12:45 a.m. Commissioner Blake departed the Meeting 12:46 a.m. REGULAR C. Community Development Department Requests The City Commission Consider The Final Development/Engineering Plans For The Proposed Belfaire Subdivision (Formerly Known As Battle Ridge). Mr. Baker presented this Agenda Item. Brief discussion. "I WOULD JUST LIKE TO MAKE A MOTION THAT WE APPROVE THIS." MOTION BY COMMISSIONER MILLER. COMMISSIONER MILLER ADDED, "WITH THE CONDITIONS AND RECOMMENDATIONS FROM STAFF." SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. ATTORNEY GARGANESE STATED, "THERE IS AN AMENDMENT TO THE DEVELOPMENT AGREEMENT THAT IS INCLUDED AS PART OF THIS AGENDA ITEM. ALSO, UNDER STAFF RECOMMENDATION 1., IT SAYS THAT THE OWNER AND/OR DEVELOPER SHALL CONVEY PRIOR TO OR CONCURRENTLY WITH THE FINAL SUBDIVISION PLAT THE REMAINING. WETLANDS. THAT APPEARS TO BE INCONSISTENT WITH THE PROPOSED DEVELOPMENT AGREEMENT WHICH SAYS IT HAS TO BE DONE PRIOR TO THE FIRST BUILDING PERMIT BEING ISSUED FOR A SINGLE FAMILY HOME. ARE WE TALKING ABOUT THE SAME ISSUE?" ATTORNEY GARGANESE SAID TO MR. BAKER, "IT JUST NEEDS TO BE ONE OR THE OTHER." ATTORNEY GARGANESE WAS INFORMED THAT IT WOULD BE - "DO IT WITH THE PLAT." ATTORNEY GARGANESE THEN SAID, "THEN THE FIRST 'ADDENDUM TO ANNEXATION AND PRE- DEVELOPMENT AGREEMENT~WILL -BE-AMENDED TO REFLECT- THAT - . POINT." COMMISSIONER MILLER ADDED THAT HIS MOTION INCLUDES THIS AS STATED IN 'STAFF RECOMMENDATION 6.'" DEPUTY MAYOR McLEOD CONFIRMED HIS SECOND. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 28 OF 29 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. IX. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 12:50 a.m. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS AND REPORTS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF OCTOBER 22,2001. .:..:. VII. Rl~GULAR (NEW ITEMS FOR THIS AGENDA) REGULAR A. Finance Department Requesting The City Commission Adopt Resolution 2001-39 Establishing A "Potable Water Unexplained Excessive Use Policy." REGULAR F. City Manager Requesting The Commission To Review Plans And Costs Related To Magnolia Park, Streets capes In The Town Center And Fencing Of The Town Center Retention Pond Located Behind City Hall. REGULAR G. City Manager Requesting The Commission To Adopt Resolution #2001-44 Creating The Central Winds P2irk Advisory Committee To Appoint Members Thereto, And To Change The Proposed Swimming Pool Workshop From January 2002 To March 2002. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 22, 2001 PAGE 29 OF 29 VIII. 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 RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: PAUL P. PARTYKA MAYOR NOTE: Thcs~ minutes were approved at the ,2001 Regular City Commission Meeting.