HomeMy WebLinkAbout2002 11 11 EXEMPTION Consent B Unapproved Minutes from the October 28, 2002 City Commission Regular Meeting
COMMISSION AGENDA
ITEM B
Consent X
Informational
Public Hearings
Regular
November II. 2002
Regular Meeting
Mgr. 1 Dept.
Authorization
CONSENT
B. Office Of The City Clerk
Requesting Approval Of The October 28, 2002 City Commission Regular Meeting
Minutes.
UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
OCTOBER 28, 2002
I. CALL TO ORDER
The Regular Meeting of October 28, 2002 of the City Commission was called to order by
Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal
Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
ROLL CALL:
Mayor Paul P. Partyka, present
Deputy Mayor Cindy Gennell, present
Commissioner Robert S. Miller, arrived at 6:32 p.m.
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, arrived at 6:36 p.m.
A moment of silence was called by Mayor Partyka who mentioned that the wife of a
member of the City's Planning and Zoning Board/Local Planning Agency had passed
away earlier today. The Pledge of Allegiance followed.
Commissioner Robert S. Miller arrived at 6:32 p.m.
After Agenda Changes, Mayor Partyka noted that on behalf of the City, he had just
received a plaque from the Winter Springs High School Athletic Boosters. Mayor
Partyka showed the plaque to those in attendance, and stated "We'll put that up on the
wall. "
II. PUBLIC INPUT
Mr. Medford McCoy, 144 Brookshire Court, Winter Springs, Florida: asked what
happened to the light globe "On the top of the northwest comer of [State Road] 434 and
Parkstone."
City Manager Ronald W. McLemore explained that the item noted has already been
ordered.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 2 OF 24
Mr. McCoy then stated that upon entering the new Town Center "Off of [State Road]
434, coming west from Tuskawilla Road and I would say that that curb cut is extremely
inadequate - it needs to have a bigger relief coming out between the sidewalk and the
street." Further, Mr. McCoy said, "I drove past the Publix, took the left turn, came up
and tried to make a right turn out of that same entrance - same problem - I ended up with
my front fender in the left lane, not the right lane."
Mayor Partyka stated, "Mr. [Shane] Doran is here. We will just pose that question to
him. "
Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked Deputy
Mayor Cindy Gennell for judging the Oak Forest Halloween costume party; and noted
that he had attended a recent Seminole County Commission meeting and that County
Commissioner Randy Morris should be in touch with City Officials regarding the
proposed Master Plan for the Jetta Point property.
Ms. Yvonne I Froscher, 623 Sailfish Road, Winter Springs, Florida: noted that she had
reviewed the Development Agreement for the Orange Avenue property on tonight's
Agenda and suggested that the $25,000.00 Bond be higher to handle any real problems;
spoke of her concern with possible contamination; and suggested that a security fence
would be a very good idea. Ms. Froscher also mentioned her concern with numerous
dump truck trips affecting the City's new Town Center.
City ~ttorney Anthony A. Garganese arrived at 6:36 p.m.
Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke about her
concern with the more elaborate, color versions of the Winter Springs "Insider" and felt
that it was being too editorialized.
Mr. Mike Schreffler, 1160 Winter Springs Boulevard, Winter Springs, Florida:
introduced himself as the new store manager of the Town Center Publix and remarked
that the Grand Opening is scheduled for November 7th, 2002.
.:..:. AGENDA NOTE:
DISCUSSED NEXT. .:..:.
THE FOLLOWING PUBLIC HEARING WAS
I
11-.:1
~
K: ::E
=
~
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 3 OF 24
v. PUBLIC HEARINGS
PUBLIC HEARINGS
D. Community Development Department - Land Development Division
Presents To The Commission, In Its Capacity As The Development Review
Committee (DRC) The Recommendation Of The Staff DRC As It Relates To The
Request Of Publix For A Special Exception To Allow Helium-Filled Balloons And
Possibly Other Prohibited Signs As Part Of The Publix Grand Opening At The
Town Center.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
Mr. John Baker, AICP, Current Planning Coordinator, Community Development
Department addressed the Commission on this Agenda Item. Documents were handed
out and shown to those in attendance.
Discussion.
Regarding the Grand Opening banners and flags, Commissioner Michael S. Blake
inquired "If the flags along [State Road] 434, that actually would they be within the
stated right-of-way?" Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department
Director stated, "I would suggest that the area behind the sidewalk to the curbing on
frontage road is private property, and that is where it probably should be." Commissioner
Blake added, "That would be the south side of the frontage road but the north side of the
sidewalk." Mr. Lockcuff said, "Correct."
Manager McLemore suggested that the glass enclosures on the [State Road] 434 side of
the Publix be utilized for some of the Grand Opening flags. Mr. Schreffler stated, "That
would definitely be something we would be interested in."
Deputy Mayor Gennell stated, "I would rather see the merchants and the opening people
be able to work this through with Staff - they usually interpret our Code on the
conservative side anyhow." Deputy Mayor Gennell added, "Only when there is a
peculiar thing like the balloons should it come forward."
~
t;:I
!:X'
K" _~
~
'='
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 4 OF 24
"I WILL JUST MAKE A MOTION THAT WE APPROVE THE SPECIAL
EXCEPTION - TO ALLOW THE FLAGS, THE BANNERS AND - ALSO YOU
HAVE TO COME IN AND PUT IN AN APPLICATION FOR THAT AND PAY
YOUR FEE - THE FLAGS MUST BE IN A POSITION THAT ALLOWS AN
ADEQUATE LINE OF SITE FOR THE INTERNALIEXTERNAL TRAFFIC
MOVEMENTS AND COMPLY WITH ALL THE APPLICABLE CODES AND
REGULATIONS - AND IF THOSE FLAGS CAN BE SET THERE INSIDE OF
THE SIDEWALK, I DO NOT HAVE A PROBLEM WITH THAT." MOTION BY
COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL.
DISCUSSION.
MANAGER McLEMORE ADDED, "I AM ASSUMING THAT IS SITTING
DOWN WITH STAFF." MAYOR PARTYKA STATED, "RIGHT."
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
Mayor Partyka said, "Mr. [John] Baker just help him out, in terms of all the details."
.:..:. AGENDA NOTE: PUBLIC INPUT WAS CONTINUED WITH, AS
DOCUMENTED. .:. .:.
II. PUBLIC INPUT
Mr. Corey Green, : addressed the City
Commission on his concerns with an article about the Winter Springs Firefighters in the
recent copy of the Winter Springs "Insider."
Mr. Hans Hudtwalcker, 638 Cheoy Lee Circle, Winter Springs, Florida: thanked the
City Commission for their assistance with the construction behind his property in the Oak
Forest subdivision; showed some photographs of the wall; and asked for assistance with
the relocation of a dumpster.
Commissioner Blake stated, "For us to really address this correctly, we need to have this
come back to us as an Agenda Item with the site plan that is going to show exactly where
these items are." Commissioner Blake further said, "I would like to this come back to us
at the next Meeting as an Agenda Item." Commissioner Miller agreed and stated his
preference to further discuss this issue, "At the next Meeting in two (2) weeks."
I
~
lIC.~"
=
~
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 5 OF 24
Mayor Partyka recognized former Mayor John F. Bush who was in the audience.
Ill. CONSENT
CONSENT
A. Finance DepartmentIBoard Of Trustees
Is Requesting The City Commission Approve Its Selection Of Trusco Capital
Management (SunTrust) As The Provider Of Investment Management Services For
The Cities Defined Benefit Pension Plan And Authorize The City Manager To Enter
Into Contract With Trusco In Accordance With The Cities Retirement Investment
Policy.
Commissioner Blake spoke of a "Review of the Pension Plan from the standpoint of its
funding level." Commissioner Blake added, "I would like to see that come back before
us with a discussion of whom we should have take a look at this issue and give us some
good advice on this." Manager McLemore said, "We recently had an evaluation done
and we'll bring it back to you for discussion."
CONSENT
B. Public Works Department
Requesting An Additional Authorization For The Construction Of A Temporary
Road From Hickory Grove Road To The High School.
Brief discussion.
CONSENT
C. Fire Department
Requests Authorization To Expend $25,000.00 From The Fire Impact Fee Fund To
Purchase A Used Midi-Pumper For The Fire Sub-Station At City Hall.
CONSENT
D. Parks And Recreation Department
Requesting City Commission Approval Of The Sunshine Park Design Services
Proposal From Starmer/Ranaldi Planning & Architecture, Inc.
CONSENT
E. Parks And Recreation Department
Requesting Authorization To Piggyback Off Of The Orange County School Board
Contract # 02-02-01VH To Purchase A John Deere 1600 Wide Area Mower For
Parks Maintenance.
~
;3
=
'=='
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 6 OF 24
CONSENT
F. Parks And Recreation Department
Requesting Authorization To Piggyback Off Of The Seminole County Bid To
Purchase A 2003 Ford F-550 Truck For Parks Maintenance.
CONSENT
G. Office Of The City Clerk
Approval Of The October 7, 2002 City Commission Special Meeting Minutes.
CONSENT
H. Office Of The City Clerk
Approval Of The October 14, 2002 City Commission Regular Meeting Minutes.
Mayor Partyka stated, "I would be looking for a Motion to approve the Consent Agenda."
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
DEPUTYMAYORGENNELL: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
IV. INFORMATIONAL
INFORMATIONAL
A. Community Development Department
Advising The City Commission Of The
Projects.
\
Status Of Various Current Planning
INFORMATIONAL
B. Public Works Department
Responding To The City Commission On The Request For A Blood Bank Sign.
INFORMATIONAL
C. Utility/Public Works Department
Updating The City Commission On The Status Of The Proposed Utility/Public
Works Compound.
1!
~
-=-~~
~
t::t
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 7 OF 24
INFORMATIONAL
D. Utility Department
Responding To The City Commission On The Water Main Size For The Barrington
Estates/Belfaire/Battle Ridge Project.
Mayor Partyka stated, "I would be looking for a Motion to approve the Informational
Agenda. "
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
DEPUTY MAYOR GENNELL. DISCUSSION.
VOTE:
DEPUTYMAYORGENNELL: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
v. PUBLIC HEARINGS
PUBLIC HEARINGS
A. Community Development Department
Presents To The Commission, The Second Reading Of Ordinance Number 2002-30,
Which Will Vacate And Abandon A 106.00 Foot Long Segment Of A 5 Foot Wide
Utility Easement, Located Along The West Side Lot 9 Of Highland Village One (317
Kirkcaldy Lane).
Attorney Garganese read the Ordinance by "Title" only.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
Commissioner Edward Martinez, Jr. said that at a previous Meeting, "Commissioner
Miller came up with a couple of catches - have they been implemented?" Attorney
Garganese stated, "Yes, we did implement Commissioner Miller's suggestion."
"MOTION TO APPROVE
COMMISSIONER MILLER.
DISCUSSION.
ORDINANCE 2002-30." MOTION BY
SECONDED BY COMMISSIONER BLAKE.
i@
--c:::I
~
~
t::::'
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 8 OF 24
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
B. Office Of The City Attorney
Requests The City Commission Consider Second And Final Reading Of Ordinance
Number 2002-31 That Would Amend The City Code Regulating Screen Enclosures,
Provide A Definition For Screen Enclosure, And Provide For Setback, Height, And
Other Requirements Regarding Screen Enclosures Under The City Code.
Attorney Garganese read Ordinance 2002-31 by "Title" only.
Attorney Garganese noted one (1) typographical error, and stated, "On page 4, the top of
the page, it refers to a subsection (Q) - that should be subsection (f)."
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
Tape I1Side B
"MOTION TO APPROVE ORDINANCE 2002-31 WITH THE CORRECTION
POINTED OUT BY THE CITY ATTORNEY." MOTION BY COMMISSIONER
MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTYMAYORGENNELL: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
~
~
~
=::9
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 9 OF 24
PUBLIC HEARINGS
C. Community Development Department - Land Development Division
Requests The City Commission Conduct A Public Hearing For The Second Reading
Of Ordinance 2002-32 To Amend The Official Zoning Map Of The City Of Winter
Springs By Changing The Current Designation Of The Approximately 1.0 Acre
(1.37 On Tax Map And Associated Information) Subject Property, Located At 240
Old Sanford-Oviedo Road From The C-2 District To The 1-1 District.
Attorney Garganese read the Ordinance by "Title" only.
Mr. Baker spoke briefly regarding Minutes from the Planning and Zoning Board/Local
Planning Agency.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"MOTION TO APPROVE ORDINANCE 2002-32." MOTION BY
COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL.
DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
.:. .:. AGENDA NOTE: THE FOLLOWING ISSUE WAS DISCUSSED NEXT AS
AN ADD-ON REGULAR AGENDA ITEM, BASED ON THE DOCUMENT
INCLUDED WITH THESE MINUTES, NOTED AS ATTACHMENT "A." .:..:.
VI. REGULAR
ADD-ON
REGULAR
Office Of The City Manager
Requesting The City Commission Discuss Issues Related To The Town Center And
Specifically The Proposed Wendy's.
~
~~
~
~
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 10 OF 24
Manager McLemore and Mr. Baker presented their introductory comments to the City
Commission.
Mr. Shane Doran, James Doran Company, 216 Seven Farms Drive, Suite 200,
Charleston, South Carolina: explained to the City Commission what he was requesting.
Commissioner Blake stated, "What satisfaction does the developer have that the final
plan they think they have hammered out is the real plan if it didn't come back before us?"
Manager McLemore said, "I think what we could do is just document in writing that we
reviewed everything and if we are all in agreement, we will just document it in writing
and file that with you at the next Commission Meeting as an Informational Item."
Further discussion ensued.
Commissioner Blake then stated, "All the changes on the updated site plan except for
Wendy's, we give to Staff to hammer out - you bring us back what you completed, put it
on our Informational Agenda for two (2) weeks - from tonight and we either approve it
on an Informational Agenda - you don't have to be here - or we do not disapprove it;
then we go two (2) weeks later and say we have got a problem - the Commission has a
problem with these issues and see if we can hammer that out." Mr. Doran stated, "That's
perfectly acceptable to me."
Mayor Partyka stated, "Two (2) Commissioners are saying take a look at that." Mayor
Partyka then asked the rest of the City Commission for their input. Commissioner
Martinez stated, "My recollection of what transpired the last time we were here were
some issues - clock, elevation, and a few others and our direction was for Staff to sit
down with them between the last Meeting and this one and resolve those issues. Have
they been resolved?" Mr. Doran responded, "Those were minor comments to the
elevations we presented and I understand it is going well. I don't have my Architect here
today to address them, but I understand that we have made those revisions and Staff is
happy with them."
Commissioner Martinez added, "The same with the Commissioners, if you think: you can
work these things out between yourself and Staff to your satisfaction - the Contract
Agreement within Code." Mayor Partyka then stated, "Commissioner Gennell? Same
Way?"
Commissioner David W. McLeod inquired of Mr. Doran, "We are only talking about site
plan issues correct?" Mr. Doran stated, "That's correct." Commissioner McLeod then
asked, "No elevations, changes of buildings or changes of - the clock tower or what
happens to the comer next to it?" In response to Commissioner McLeod remarks about
the building next to the clock tower, Mr. Doran stated, "That comer - you are correct."
Furthermore, Commissioner McLeod said, "Would you mind going down the list of the
items that you are looking to discuss with Staff - for the site plan."
~
~
~
t:.='
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 11 OF 24
Mr. Kevin Collins, Avid Engineering, 7208 West Sandlake Road, Orlando, Florida:
spoke on the record about thirty-seven (37) "Drawing Revisions."
Commissioner McLeod stated, "Basically, you and Staff are going to discuss 1 to 23 with
the exception of item 3 which will be discussed this evening which is the fast food
restaurant." Mr. Collins responded, "That's correct." Commissioner McLeod then said,
"I would agree to that." Mayor Partyka summarized the preference of the Commission as
"We have all agreed to that."
Mr. Collins pointed out, "The revisions go up to 37, numbered consecutively for the
revisions to paving" grading and drainage." Mayor Partyka remarked, "We will assume
that in the record - it is those 3 7 items that are already on the plan and Mr. Baker will
review those, along with Staff."
Mr. Baker then commented, "Where they are moving some dumpsters - especially
around buildings 1 and 2, they are putting them out into the parking lot and 1 think that
may be a policy item - where they are going." Mr. Baker added, "The location of those
dumpsters could be something you need to look at, whether or not you like them where
they are proposing them, because they are moving." Mayor Partyka stated, "City
Manager, can't you handle this as we discussed earlier?" Manager McLemore
responded, "I think so. You have a new Code requirement that all these need to be closed
- andwe'll work on it." Mr. Doran added, "We are not simply moving them. Our earlier
plan was conceptual. Some are created, we don't know how many restaurants we have,
our plan is evolving and there is really nowhere else to put them."
ISSUES RELATED TO A WENDY'S RESTAURANT WAS DISCUSSED NEXT.
Regarding certain drive-thru plans, Manager McLemore first stated, "You have been put
on notice in writing by Ian [Lockwood, Civil Engineer, Glatting Jackson] that this
configuration that has been presented is a safety problem.
Discussion.
Mr. Ron Donley, 2699 Lee Road, Winter Park, Florida: as a representative of the
Wendy's Corporation, Mr. Donley spoke of his concern with various drive-thru plans and
stated that regarding the proposed preferred design, "We've worked the dumpster into the
building so you don't even look like you have a dumpster behind the building - it totally
looks like a courtyard, instead of a dumpster."
Mr. Doran read a portion of a letter into the record from Turgut Dervish, P .E., of Traffic
Planning and Design, mc..
Tape 2/Side A
~
~~
~
t=
CITY OF WINTER SPRINGS
MlNUTES
CITY COMMISSION
REGULAR MEETlNG - OCTOBER 28, 2002
PAGE 12 OF 24
Discussion followed on the plans and proposed drive-thru's. Commissioner McLeod
stated, "I do remember this bottleneck instance that we have showing on this plan, that
actually showed two (2) roads coming to a point, that you - went back and did some work
- we agreed to change that. Is that not this location? Mr. Doran responded, "Yes -
everything is the same as we have here - turnaround arrow - we changed it, separated it;
it's two-way - we are literally talking about turning an arrow around and re-striping is the
only site plan change we are asking for. To be honest about it, it was a clerical error on
my staff that 'Fast food' wasn't written on that."
Further discussion related to the "Order point" and a varied landscape plan were covered
next.
Discussion.
Tape 2/Side B
Deputy Mayor Gennell suggested, "If we have even potentially good pedestrian traffic
there, why don't we put a little walk light - right there on the right side of the crosswalk
to the Wendy's from the park area." Deputy Mayor Gennell added, "I would encourage
you to look at - a push-button - for safety's sake," Commissioner McLeod suggested
that we use something like a "Sign that says 'Yield to pedestrians, pedestrians have the
right-of-way. ", Additionally, Commissioner Blake recommended "This walkway as it
goes across, make it a raised brick crosswalk - like a speed hump, except it is brick or
pavers, and cars go up - it is four feet (4') and then they go back down." Furthermore,
Deputy Mayor Gennell pointed out that in "Downtown Sanford, and it has that crosswalk
right on First Street and it has stop signs on both ways and it says, 'Stop when pedestrians
are in the crosswalk."
Manager McLemore stated, "You are agreeing to this configuration of that intersection
which gets rid of a real conflict point at least in this intersection?" Mr. Doran stated, "I
am." Mayor Partyka noted that "The exhibit we are looking at Mr. McLemore is Exhibit
'c' in our handouts of the packet that is dated 10/25." Manager McLemore added, "The
u-shaped drive."
"FOR THE WENDY'S SITE IN THE TOWN CENTER, THAT WE APPROVE
THE DRIVE-THRU CONFIGURATION NOTED AS EXHIBIT 'C,' WHICH
INCLUDES THE U-SHAPED DRIVE-THRU ACCESS AND IT WOULD HAVE A
PEDESTRIAN CROSSING THAT IS A RAISED FOUR FEET PAVER TYPE
APPARATUS THAT IS SIGNED WITH WARNING SIGNS THAT THERE ARE
PEDESTRIANS AND THAT YOU MUST STOP FOR A PEDESTRIAN OR
WHATEVER STAFF FEELS IS APPROPRIATE IN NORMAL TRAFFIC
CONTROL GUIDELINES FOR THAT AREA." MOTION BY COMMISSIONER
BLAKE. COMMISSIONER BLAKE ADDED, "THAT DOES INCORPORATE
THE RECONFIGURATION OF THE OLD DUAL ACCESS INTERSECTION-
~
ftuJtc:I
~
~
t::::I
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE I3 OF 24
IT WOULD BE DIRECTLY ON THE NORTH SIDE OF THE PARCEL."
SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
"I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION AND THAT
WOULD BE THAT THAT PORTION OF THE U-SHAPED BE MOVED OUT ON
THE EASTRL Y SIDE OF THE BUILDING TO GIVE A LITTLE MORE GREEN
- AT LEAST FIFfEEN FEET (15') BETWEEN THE BUILDING AND THE
DRIVE- THRU FOR LANDSCAPING PURPOSES, WITH THE WESTERLY
SIDE, AS YOU ARE EXITING THAT TO HAVE IN THAT AREA THAT SOLID
LINE THAT IS COMING DOWN THROUGH THE CENTER BETWEEN THE
TWO (2) ARROWS - HOW CAN WE ADDRESS THAT SO THAT EITHER
WITH A PAVER OR A LINE OR A SEPARATION - AND THE LANDSCAPING
IS NOT THE ANSWER - SOMETHING THAT INDICATES THAT YOU DO
HAVE A SECONDARY TRAFFIC FLOW." AMENDMENT TO THE MOTION
BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
COMMISSIONER McLEOD NOTED, "IN THE EASTERLY LANE COMING BY
YOUR BUILDING, WHEN I GET TO THE STREET I ACTUALLY WANT TO
TURN RIGHT. I HAVE GOT TWO (2) CARS THERE - I SEE IT IS ONE-WAY -
BUT THE STREET I AM ENTERING INTO IS A TWO-WAY, I WANT TO
TURN FROM THAT LANE, AND I WANT TO GO TO MY RIGHT COMING
OUT OF THERE - THE CAR ON MY RIGHT, WANTS TO TURN LEFf.
WOULD THE ENGINEERS ADRESS THAT PLEASE."
FURTHER, COMMISSIONER McLEOD STATED THE MOTION WAS "ON
THE EASTERLY SIDE, TO MOVE OUT THAT U-DRIVE AT LEAST FIFfEEN
FEET (15'), ON THE WESTERLY SIDE, ADDRESS THE FLOW OF TRAFFIC
COMING OUT OF THAT WENDY'S."
VOTE: (ON THE AMENDMENT)
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: NAY
COMMISSIONER MARTINEZ: NAY
COMMISSIONER MILLER: NAY
MOTION DID NOT CARRY.
VOTE: (ON THE ORIGINAL MOTION)
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: NAY
MOTION CARRIED.
~
~
~
~
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 14 OF 24
Mayor Partyka stated, "You have at this point in time, "Exhibit 'c' as discussed here,
without the necessity of moving the driveway to the east."
Mr. Doran spoke on the temporary signage issue, and clarified his earlier comments
about the clock tower: "It is a clock tower - there is no pylon, it's a clock tower accent
feature focal point." Further, Mr. Doran stated, "I need to get temporary power to these
things and get them on." Discussion also ensued on the status of the road.
Mr. Doran asked, "Is there the possibility of me doing a temporary sign that would be
cheap, so that I could rip it out later?" Manager McLemore inquired, "And for what
period of time? Sixty (60) days?" Mr. Doran responded, "Until you get the road ready
for me to put the clock towers in - it wouldn't be a set amount oftime - it would be when
you get the road ready for me to build the clock tower. You give me thirty (30) days
notice. I'll commence it, pursue it diligently and once it is up, lit, and permanent, I will
remove the other on~ within two (2) days." Manager McLemore then asked, "Are we
talking about the same square footage - copy area similar to that?" Mr. Doran said, "I
would imagine it would be roughly the same."
Commissioner Blake then asked, "Why is Tuskawilla Road not done?" Discussion
ensued on this and the status of the stormwater pond. Manager McLemore stated,
"Tonight - we are not prepared to give you a factual- point by point report tonight, but
we certainly look forward to doing that." With discussion, Commissioner Blake stated,
"I think the questions are clear, and I think the answers should be forthcoming - directly."
Discussion.
Regarding the Agreement related to the clock tower, Commissioner McLeod stated, "Mr.
McLemore and his Staff were to get with the City Attorney and get the document taken
care of and handled." The status of the document in question was further discussed.
Commissioner McLeod asked Attorney Garganese, "Is it something that in the next
couple of days that could be done, where a type of a document could be filed with the
County to give Mr. Doran the right to build this tower or temporary power within the
roadway right-of-way?" Attorney Garganese stated, "Sure."
Tape 3/Side A
Further discussion ensued on the clock towers and Mr. Doran stated, "If it would make
the Commission more comfortable I would obligate myself to a completion date that was
linked to the arrival of the clocks." Further, Mr. Doran added, "Or it would link it to - a
C.O. [Certificate of Occupancy] or something."
Commissioner Martinez stated, "Point of Order" and spoke of Mr. Doran needing an
immediate solution.
~
~
w: ~ ~
;;3
t:::J
CITY OF WINTER SPRlNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 15 OF 24
Next, Commissioner McLeod spoke of a letter from the contractor building our retention
ponds and roads and said, "It appears there were some questions that had been asked,
quite some time ago by the contractor that have not been answered by our engineering
consultants." Commissioner McLeod added, "Somebody needs to respond to it and I
would hope the Commission gets copied - by our consultants, by our City Manager, by
whomever here."
"I MOVE THAT THE CITY MANAGER ASSIGN A STAFF PERSON TO GET
WITH SHANE DORAN WITmN THE NEXT TWENTY-FOUR (24) HOURS
AND GET SOME TEMPORARY SIGN APPROVED TO GO UP OUT THERE -
SO HE CAN GET IT UP AND GET STARTED WITH ALL THE
RESTRICTIONS AS FAR AS LINKING IT TO SOME EVENT WHEN HE WILL
TAKE IT DOWN." MOTION BY DEPUTY MAYOR GENNELL. DEPUTY
MAYOR GENNElLL ADDED, "I MADE A MOTION THAT YOU ASSIGN ONE
PERSON FROM YOUR STAFF TO WORK WITH HIM TO MAKE SURE THAT
WHAT HE PRODUCES AND GETS TO YOU - WHETHER IT IS FAX'D, IN
HAND, OR WHATEVER, GETS DEALT WITH WITHIN TWENTY-FOUR (24)
HOURS." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
COMMISSIONER McLEOD ASKED MANAGER McLEMORE, "IS TillS
SOMETHING THAT YOU ARE GOING TO MAKE SURE THAT IF THERE IS
AN IMPASSE, THAT YOU ARE GOING TO BE ABLE TO JUMP RIGHT ON IT
AND GET THE DETAILS WORKED OUT QUICKLY." MANAGER
McLEMORE STATED, "I WOULD SAY IT IS - I WOULD JUST AGREE THAT
IF THERE IS A PROBLEM THERE ARE TWO (2) PEOPLE I CAN CALL AND
GET AN ANSWER." COMMISSIONER McLEOD CLARIFIED, "ARE YOU
TALKING ABOUT THE ORIGINAL MEMBERS OF THAT COMMITTEE?"
MANAGER McLEMORE STATED, "IT WORKS .FOR ME IF IT WORKS FOR
THE COMMISSION." MAYOR PARTYKA ADDED, "I BELIEVE THAT
COMMITTEE IS THERE ALL THE TIME AS A REFERENCE POINT - THIS
COMMISSION HAS ANNOUNCED THAT."
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRJIED.
The issue of Stormwater was discussed next and Mr. Doran inquired, "Why isn't it
ready?" Manager McLemore stated, "We will do everything we can to move this
contractor along as quickly as we can." With additional discussion, Mayor Partyka
sumnlarized that "Realistically, it seems to me that this - is going to be done within a
week and if necessary, this can be opened up to be used, if necessary."
~
~
~=~
=
t::::I
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 16 OF 24
Furthermore, Mayor Partyka stated that "It seems to me that on the Stormwater issue,
based on the comments - from a practical standpoint is solved. We should have that other
thing done in a week and then if an emergency surfaces - we could actually pull the plug
and use that."
hnproving communication between all parties was briefly. discussed next along with the
status of curb cuts; and whether a subcommittee should work on the issue involving the
lighting in the Town Center. Regarding the lights in the Town Center, Commissioner
Miller stated, "I would like to see the original concept adopted or enforced."
Commissioner Martinez suggested, "I think that these issues have to be resolved by you
and Staff." Manager McLemore stated, "I think on the lighting issue, this is one we
ought to bring back to the full Commission - I think it is something we can get back to
you probably at the next Meeting."
Discussion ensued on related lighting issues and the respective plans. Regarding the
issue of lighting and a possible impasse, Mr. Doran stated, "I would be willing to pursue
it for two (2) to three (3) more weeks and see if we reach a solution with Mr. McLemore.
I would be willing to do that - I would if the City Manager will give me his sincere
promise that he has a sincere desire to bring this to a head and - that whatever we come
up with, will not come to this Commission, because I think it is unfair and this happens to
me often with no recommendation one way or another, because that is unfair to me."
Further, Mr. Doran suggested that, "If we agree on it, I want a letter before it is on the
Agenda stating his support of it." Commissioner McLeod stated, "Sounds reasonable to
me." Deputy Mayor Gennell stated, "Mr. McLemore usually brings something to us with
a recommendation one way or another. That's doesn't mean that we will agree with
that." Commissioner Blake was in agreement. Mayor Partyka summarized - "Go to it
again, discuss it."
Mayor Partyka called a break at 10:18 p.m.
The Meeting reconvened at 10:28 p.m.
.:..:. AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA
ITEMS WERE DISCUSSED NEXT IN THE ORDER AS DOCUMENTED. .:. .:.
VI. REGULAR
REGULAR
A. Finance Department
Requesting The City Commission Approve The City Of Winter Springs Central
Service Cost Allocation Plan And Accept Recommendations Contained In The
Community Development Service Cost Analysis Report Prepared By GSG.
~
;B
IE: -=-~
=
t::I
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 17 OF 24
Ms. Louise Frangoul, Finance Department Director introduced Mr. Skip Burnside with
Government Services Group, Inc.
Tape 3/Side B
Mr. Skip Burnside, Consultant, Government Services Group, Inc., 150 Mahan Drive,
Suite 250, Tallahassee, Florida: presented a synopsis of their full service Cost
Allocation Plan to the City Commission.
Discussion.
Commissioner Miller asked Mr. Burnside, "Does Staff analyze this and comes back with
recommendations to the City Commission that the following fees need to be adjusted?"
Mr. Burnside responded, "I have given you data on that - the specific thing would be to
come back and looking at our recommendations, come back in here with a
Resolution/Ordinance, whatever - that would make the changes in the appropriate fees -
again to raise the fees up so that they cover costs." Commissioner Miller then inquired of
Mr. Burnside, "Based on the data that you provided, what would be a logical time frame
for this to happen in the City of Winter Springs?" Mr. Burnside added, "I would think
that it could clearly be done in sixty (60) days."
"I MAKE A MOTION WE APPROVE THE CONSULTANTS REPORT AND
DIRECT STAFF TO BRING US BACK THEIR RECOMMENDATION OF ANY
CHANGES." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER McLEOD. DISCUSSION.
VOTE:
DEPUTYMAYORGENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
REGULAR
H. Community Development Department
Requesting Commission Consider And Approve A Development Agreement For A
4.42-Acre Tract Owned By Mr. Chanh Nguyen, Located On The South Side Of
Orange Avenue, Generally East Of Central Winds Park And Generally North Of
The Winter Springs High School. The Development Agreement Addresses Filling
An Existing Borrow Pit.
Mr. John Baker, AICP, Current Planning Coordinator, Community Development
Department introduced this Agenda Item and noted Staffs recommendation for approval.
~
r:8
-=- >~
=
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 18 OF 24
Mr. George B. Wallace, Esquire, 700 West First Street, Sanford, Florida: addressed the
City Commission and asked for consideration regarding some changes to the proposed
Agreement.
Regarding 5.3 as noted on page 2, Mr. Wallace stated, "The only improvement to be done
to the property is the placement of a construction trailer - hidden within the interior of the
property so that it is somewhat concealed." Further, Mr. Wallace said, "That's the only
improvement to this property - that's a temporary construction trailer that will in all
likelihood be removed as soon as this project is completed, so we are asking that those -
five (5) lines which end with the words 'The City' on the next page be deleted, and just
going forward with the construction trailer or office being located in the interior part of
the property and allowing my client to proceed with the engineering plans which he has
already submitted."
With discussion, Commissioner Blake stated, "My question is - these sections the
applicant is requesting that we strike from the Agreement, I would like a recommendation
from Staff as to whether we should agree to that language being struck or whether we
should ask for that language to be held into it?" Commissioner Blake then asked, "Are
we allowing the placement of that trailer for a specific period of time?" Mr. Wallace
stated, "We are estimating eighteen (18) months."
Discussion ensued on the dump trucks that will be involved in this project.
Mr. James Meade, 5361 Young Pine Road, Orlando, Florida: explained to the City
Commission that "The materials that we are going to be hauling is going to be dry
concrete rubble and dry dirt."
Truck loads; the quantity of trucks that will be involved; and repairing the slope was
further discussed. Commissioner Blake stated, "We want a site plan, we want it drawn
up - where the fill is going to go..." Manager McLemore added, " . .. Where the
ingress/egress points are."
"I MAKE A MOTION THAT WE FINISH THIS ITEM AND ADJOURN."
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY
MAYOR GENNELL. DISCUSSION.
Commissioner Blake stated, "Point of Order. "
"MOTION TO WAIVE THE RULES." MOTION BY COMMISSIONER BLAKE.
SECONDED. DISCUSSION.
~
~
~
t:I
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 19 OF 24
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: NAY
DEPUTYMAYORGENNELL: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MARTINEZ: AYE
MOTION DID NOT CARRY.
Mayor Partyka stated, "The Motion is out of order."
"I MAKE A MOTION TO EXTEND BY ONE HOUR." MOTION BY
COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
MOTION CARRIED.
"I MAKE A MOTION WE ADJOURN IMMEDIATELY FOLLOWING THIS
ITEM." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: NAY
DEPUTYMAYORGENNELL: AYE
MOTION CARRIED.
Mr. Wallace then noted that on page 3 of 9, specifically paragraph 6.0, a memorandum
indicated there would have to be security gates at the access to the property and that's a
wise thing and my client has agreed to do that but the Agreement says, security fence
around the entire tract of property; and that my client says is cost prohibitive for them to
do and we are asking to be required only to put lockable security gates on the access
points so that when this borrow pit/reclamation project is not open for business, it can be
locked off so that people can't get in there." Furthermore, Mr. Wallace stated, "We're
more than happy to gate it, but the cost to fence the entire perimeter is prohibitive for
them to get started." Mr. Wallace clarified, "We're asking the Commission to consider
making that slight change that we go ahead and be allowed to put in gated access at the
access points which we understand will be reflected on the plans as requested by the City
Manager."
I
~
!:X'
-=-~
~
t:::I
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 20 OF 24
With discussion on the impact from the volume of traffic; proposed truck loads; and
stress on the roads, Mr. Meade stated, "At any point the City says, you are messing up
our roads, we'll stop and we will figure out another alternative." With further
consideration of the discussion, Commissioner Miller stated, "If we are going to allow
this, I think there ought to be a weight restriction, and if that is exceeded or violated, and
there are penalties - may serve as a cancellation of the Agreement."
Mr. Meade then explained, "The maximum weight that can be legally carried on the road
is forty (40) tons, 80,000 pounds - that's the maximum legal allowable weight on any
road. We would be willing to bring it down to twenty-five (25) tons." Commissioner
Miller then stated, "I would suggest leaving this with Staff. I would like Staff to come
back and give us recommendations to what it ought to be, that should not be exceeded."
Tape 4/Side A
Manager McLemore remarked about the suggested fencing and inquired, "Do you have
liability insurance for this?" Mr. Meade stated, "The company that will be pushing for
me, yes has liability - they carry a million dollars in liability insurance." Manager
McLemore then asked, "And their insurer is not going to require you to have some type
of a security fencing around the place?" Mr. Meade responded, "Absolutely not."
Exhibit "A" was shown to those in attendance. Discussion ensued on the access road.
Commissioner Martinez departed the Meeting at 11:21 p.m.
Commissioner McLeod stated, "Do you realize we are going to run dump trucks down
Orange Avenue which is a dirt road - a County road - you are going to tear that road up
from one end to the other. Who is going to maintain it? Mr. Meade responded, "We
are." Commissioner McLeod added, "You are going to maintain that road?" Further,
Commissioner McLeod inquired, "Is it in our Agreement that that is going to happen? Is
the County aware of what is going to go on - on this road Ron [McLemore]?" Manager
McLemore stated, "What we would require is a letter from the County showing that they
were in agreement with this, and I believe we have been provided that."
With further discussion on the proposed truck loads, Commissioner McLeod said to Mr.
Meade, "You are sitting here telling us that you have got an 80,000 pound capacity truck,
but you have determined you are going to keep under 50,000." Mr. Meade stated, "I am
sure of that." Commissioner McLeod then said, "How are you assuring us of it? You
were proposing a $25,000 Bond earlier, and I don't know that a $25,000 Bond is a heavy
enough Bond for the damage that could be done to the street that we are about to put in
with brick pavers." Commissioner McLeod inquired as to what our consultants would
say on this matter. Mr. Meade then stated, "We are going to maintain the road." Further,
Commissioner McLeod said to Manager McLemore, "I highly advise you - don't run
them through the park - take it up with Kip (Lockcuffj - he will confirm that."
I
~~
OIl: : :.
=
~
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 21 OF 24
Commissioner McLeod also suggested, "I think for one thing, you need to have a larger
Bond posted Ron [McLemore] for the damage that could potentially be done."
With discussion, Commissioner McLeod added, "I think we need to have somebody other
than myself or this gentleman probably come here and tell us what is going to happen to
these roads." Manager McLemore stated, "We actually did look at that some - maybe we
need to check it again."
Deputy Mayor Gennell remarked about when the Trail would be completed, and
suggested pursuing coming "In by the entrance to the park, but they will cut right off and
go on the Trail." Deputy Mayor Gennell then suggested that "There is an excellent
possibility 1 could go down and knock on the right doors - and we can make an official
request through the City - to the County - if they would consider it."
Commissioner Blake left the dais at 11:38 p.m.
"I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER BRING
THIS ITEM BACK TO US IN TWO (2) WEEKS AND SEE WHAT - SEMINOLE
COUNTY'S ALTERNATIVES ARE FOR USING THE ALTERNATE ROUTE
THAT WAS DISCUSSED HERE THIS EVENING THROUGH - THE OLD
ABANDONED CSX RAILBED - IT GOES RIGHT PAST THE SOUTH SIDE OF
THE LAKE FEATURE." MOTION BY COMMISSIONER MILLER.
SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
Commissioner Blake returned to the dais at 11:44 p.m.
COMMISSIONER McLEOD ADDED, "SINCE COMMISSIONER GENNELL
SITS ON THE TRAILS BOARD, I DON'T THINK IT WOULD BE A BAD IDEA
THAT SHE PERHAPS ACCOMPANIES MR. McLEMORE TO THE COUNTY
TO BE ABLE TO DISCUSS THESE ISSUES AND THE IMPORTANCE OF
WHAT THIS IS AT THIS TIME." DEPUTY MAYOR GENNELL SAID, "I
WOULD BE HAPPY TO."
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
"Water quality monitoring" was discussed briefly. Attorney Garganese suggested,
adding in the word "Surface."
.~
!:ij
~
~
~
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 22 OF 24
Mr. Meade then said, "You asked me the last time I was in front of the Board about the
bones that were excavated from this site. I had an opportunity to go - just a few weeks
ago to Gainesville - and those are available for displaying, for the City - I can get them
for you if you want. But, I've got pictures I will get to you of the display."
VIII. ADJOURNMENT
Mayor Partyka adjourned the Meeting at 11 :52 p.m.
.:. .:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED
DURING THIS MEETING. .:..:.
VI. REGULAR
REGULAR
B. Finance Department
Requests The City Commission Approve Resolution 2002-36 Establishing A Fund
Balance Policy For The General Fund.
REGULAR
C. Office Of The City Clerk
Requests That Commissioner David W. McLeod Make An Appointment To Replace
A Member Of The Board Of Adjustment Who Was Removed From Serving On
This Board As A Result Of Exceeding The Permitted Number Of Absences, In
Accordance With The Code Of Ordinances.
REGULAR
D. Office Of The City Clerk
Requests That Commissioner Michael S. Blake Make An Appointment To The
Beautification Of Winter Springs Board To Replace Board Member Dart Helgeson
Who Has Resigned From Serving On The Beautification Of Winter Springs Board.
REGULAR
E. Office Of Commissioner Edward Martinez, Jr.
Requesting A Discussion Of Commission Rules, Related To Resolution Number 908.
~
~
=='
~
t::t
CITY OF WINTER SPRINGS.
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 23 OF 24
REGULAR
F. Office Of The City Attorney/Office Of The Fire Chief
Requests The City Commission Adopt Resolution Number 2002-34 Establishing The
Winter Springs Senior Transportation Program, Providing For Eligibility,
Providing For Service Parameters, And Providing For A Service Policy.
REGULAR
G. Not Used.
REGULAR
I. Office Of The City Manager
Requesting The City Commission Reschedule A Workshop To Discuss The Need
For Changes To The Code Of Ordinances Related To Accessory Buildings And
Detached Garages (Ordinance 2002-14).
VII. REPORTS
REPORTS
A. City Attorney - Anthony A. Garganese, Esquire
REPORTS
B. City Manager - Ronald W. McLemore
REPORTS
C. City Clerk - Andrea Lorenzo-Luaces
REPORTS
D. Commission Seat Five - David W. McLeod
REPORTS
E. Commission Seat One - Robert S. Miller
REPORTS
F. Commission Seat Two - Michael S. Blake
REPORTS
G. Commission Seat Three - Edward Martinez, Jr.
f!
---ct
~
i;;j
t::l'
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 24 OF 24
REPORTS
H. Commission Seat Four/Deputy Mayor - Cindy Gennell
REPORTS
I. Office Of The Mayor - Paul P. Partyka
RESPECTFULLY SUBMITTED:
ANDREA LORENZO-LUACES, CMC
CITY CLERK
APPROVED:
PAULP. PARTYKA
MAYOR
NOTE: These Minutes were approved at the
.2002 Regular City Commission Meeting.
~
;~
~
=
1 .1
ATTACHMENT "A"
;.,..l\N~/;'
~~
t \ "'.. ". \~
i3 \(~,~--, j l/)
, \In<n''''''>I'.t~JI'
" jf}!;().
\, ~>----_./
"~g
Ronald W. McLemore
City Manager
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
TO:
Mayor and Commission
Ronald W. McLemore, City Manager ~
FROM:
DATE:
October 28, 2002
SUBJ:
Doran Project - Wendy's Site Plan
It is our understanding that this matter might be raised tonight.
. .'
, ~~'):'~;'~:~~Ft.;;:'::'}:'~.::':<.~l~{~~~'Vp~::::":~
I believe Mr. Doran may be under the assumption that this matter 'is on the agenda
tonight. .. -.. ..... _ ' _ __.... _..
Although we plarined it for tonight; I did not receive comment from Mr. Doran in tinie to
include it on tonight's agenda.
However, if you choose to discuss this matter, attached are the required references.
/jp
.:!
I
~~!
-"
i.'
~f: BHOWN,WARD,SALlMAN&WtlSS,P.A.j 4UI 4~j ~~~O;
Aug-8-01 4:10PMj
Page 2
~
FIRST MODIFICATION OF AGREEMf,NT
A First ModlflcatioD of A~reemcnt made and entered into as of this _ day of July,
200 I, by and between JDC CALHOUN, INC., a Georgia corporation, (hereinafter referred to as
"Joe"), and the CITY OF W(NTER SPRfNGS, a municipal corporation existing under the laws of
lhe Stale of Flurilla (hereinafter referred to as t.he "City").
RECITALS
WHEREAS, JDC and the City previously entered into that certain Agreement dated as of
August I, 2000; and
WHEREAS, JDC and the City desire to modify the terms and provisions of such Agreement.
NOW THEREFORE. in consideration of the terms and conditions set forth in (his Fisl
Modification of Agreement, and other good and valuable considerdtion, the receipt of which is
hereby acknowledged by the parties, the City and JOe agree to the following:
~ 1. ThcprovisionsofsubparagraphHT. (c) and other provisions ol'thc Agreement
. pertaining to the two. story 30,240 square foot building which is contemplated to' be constnlcted on
the comer of $lalt: Road 434 and Main Street are hereby modified to memorialize. the reCent
agreement of the parties that JOC shall have a period of up to eighteen (1 S) months after J lJC's
closing on theJaC .,groperty_ wi.lhin.Ylbi.cb..to. commence. COl1~lruction of such building on the comer
of State Roau 434 and Main Street. . TIle City acknowledges and confinns that thepennits.
certificates of occupancy and other permits for development of other portions of the JDC Property
will not be withheld or del ayed during the period prior to JOe's commencement of such construction
on the comt:r ofStule Roatl 434 and Main Street.
. 2. The provisions of the Agreement are hereby moditied to memorialize the
recent. understanding and agreement of the parties. thallhe City has no objection conceptually to the
.<;~.Q~~l1!~_tiQ~ Qf a fast food restaurant located inte~al to the site in the. vicinity of the roundabout.
JDe acknowledges thatlhe precise configuration and other details relating to the proposed fast food
restaurant must be reflected in 3 site plan and other submittals requir~d under the City Code with
respect to which final City approval(s) must bc obtained prior to commencement of construction.
3. The provisions of this Agret:m~lIt ar~ hereby further modified to memoriah7..e
the recent agreement of the parties that the roundabout depicted on the Conceptual Site Plan will
contain a water fountain or similar water feature.
4. The provisions of lhe Agreement are hereby further modified and amended
to memorialize the ngreement of the parties that as of JOC's closing of the purchase of the JOe
Property, the City shall be fully obligated to construct, at ilS ~usl I1nd ~X.pCllsC. the Ma~n Str~et
..
Page I or 4
1b/25/2002 15:54 FAX 18438496765
JAMES DORAN COMPANY
1Ir;;Y-l; b,' ~ A"
@006
No.43 I 8 p. 3/3
(-
vH'(~' (UVI (.vorm
S~f':)''i'::L<JJ\
("
i-
11i'JrlL Silt' /)t...,..IN f1 /~r'd(,I(/t1 L
o C- T.1 :l ' 0'/
..
- --...
-. ..-:-t
--~------- .
. ~
...'~ik-.L
.
SITE PLAN
3
rl/ RIJ\7
) \J r [1V--lA ~T-1 T
.'
....'t<...ElllI'tU/'<CS
TOWN Ci'rJ"llll.
~
~
O-.tn'_. lW4DTn;
\SIr ASfOCl_m lTt7.
..,..,. ~..... .......
.........- ...... - - .
.......,.~ ...........,..
..-...-
---.. ...............---
.......,... ,... --.....-.
".,. ",...",..c ~ ....
......,.. ............-
......._....~~
... ~........ ua .
--
--
~ ..............
-...
lft1
rv.I4
n. ,. elt
SPEOAl EXc:ErnoH A SE-4
IlS'alEPG O~WI'Cl A201
c
..'
DoVER, KOHL & PARTNERS
lown planning
Memorandum
To: Charles Carrington
City of Winter Springs
From: James Oougherty
Date: April 6, 2001
Subject: Design requirements for a fast food restaurant
in the Winter Springs Town Center
Charles, this is an outline of some of the main criteria that should be required of a
fast food restaurant sited in the Winter Springs Town Center:
'"
1. The building containing the fast food restaurant should be built close to the sidewalk
as outlinedih the Town Center District Code.
2. The building Gontaining the fast food restaurant should be between two and four
stories in height. Other uses may be located on floors above the fast food restaurant to
achieve the desired height.
3. The street facade of the Wendy's should contain the front door and be designed with
shop front windows with a high degree of transparency as outlined in the Town Center
District Code. On a corner site, side facades fronting streets should also be designed
with shopfront windows.
4. . Shade should be provided for pedestrians on the sidewalk in the form of awnings, .
marquees; arcades, colonnades, or second floor balconies.
5: Service areas -should be located to the rear of the building out of sight from the street.
Drive-throughs should also be located behind the building and should be accessed via
the alley system to prevent disruption of pedestrian movement.
6. Building facades should meet the Architectural Guidelines contained in the Town
Center District Code including the provision of cornices, expression lines and vertically
oriented window openings.
'.:j,:;:
. DOVER, KOHL &: PARTNERS
lo~\'n planning
Memorandum
To: Charles Carrington
City of Winter Springs
From: James Dougherty
Date: 18 June, 2002
Subject: Sketch for Wendy's area of Doran development
Charles,
The attached plan sketch shows suggestions for the Wendy's area of the Doran
development.
(The block perimeter, to be fronted by buildings, is marked with a heavy line.)
-James
..
'0 \)'/J l(.. \ 'f. I d.. u v J-.
A. Size of gaps in block perimeter is
reduced by adding onto buildings.
B. On-street parking is added here.
C. Wendy's dumpster enclosure is
moved to here.
D. Wendy's drive-through is
configured here in an alley location
(as required by code).
\...
~ " ~ " "" 0;;;:
'"
'"
1~/-=S!~O~2 _l~.: ~6 _F~X .!8_4J_8496765
:O/~4/2002 15:43 FAX 678309;5;3
B7/24/2002 14:53
66/:2.812062
JAMES DORAN COMPANY
JAMES DORAN CO ATLANTA ~ JDC-CHS
4076290641" /' . . ('\ ,I RESTAURANT SERVICES
L:::.)(~ \ '0 \ ~ "--., .
4el724B03- AVID ENGrNffRING
ld.1 0 16
l{f)iI v 1
PAGE 83
Pu:.E e2
1.4:3'3
'-'
-'---",'
~
.
\
.l \ . .. 14'
I,:z' .. -.. .'
--'. -
. \ ~ ...
~t $-/5
\ z
CJ
01 -<
to - ~~
:T (.f)
N ~
1.0 wi.,
\
~\ \~ \ \' ~'.-~ \ ~\ >f~\\ ~
I--rse~~".
. .
10/25/2002 15:.57 FAX 18438496765 JAMES DORAN COMPANY ~
.018
_~~~._~9Q? l~~ll~~3849~~~_ENGINEERS JAMES DoRAN COMPANY No.6514 p. =~~2
~9/e6/~6e2 09: HI 4B76296641. 'fxh ibi ~ [" RESTAURANT SERVICES PAGE 82
eS/8S/20B2 17: 15 4072400334 AVID ~INEERXHQ PAGE 92
11 f I 7' ~(",J..-oy
\ -== ~cJ U/t."'-1er-~f'."tY 'O~ (~'l'~r
\ '\ .....~ ; 1- ~~ \
~OT
./
J\
/
/
...~
st
11
~
F
~l'
\.II
l
mB
1'11111111111
5
1if
a.1
~
t
f;.-
:&
,
,
~
~10'
ACK. REF.
DWGS.
- .~
.
~~
<'l
I 1
- ~ CONe;
-
j
Jan Palladino
From:
Sent:
To:
Cc:
Subject:
Victor Dover [vdover@doverkohl.com]
Wednesday, September 18, 2002 8:29 PM
'Terry M. Zaudtke PE (E-mail)'
Kristen Thomas; Ron McLemore
RE: Wendy's- Winter Springs Town Center
Importance:
High
~
~
18-June-2002 memo to
Charles r...
06-Aprll-2001 memo to
Charles... To: Terry Zaudtke, CPH
From: Victor Dover
RE: Wendy's in the Winter Springs Town Center
Terry:
Just received your fax. See the two attached pdfs: the first one (June 18,
2002) depicts a configuration James and I recommended for the Wendy's. The
main thing is that the drive-through facility and queue should be located in
the alley, not along streets, and that back-of-house functions (loading,
dumpster, etc) should be screened from view (as seen from streets and pUblic
spaces) using buildings or wings of buildings.
.,For further background: the second pdf is an older memo provided to Charles
Carrington in April 2001, listing items that should be included in the
design of any fast food restaurants in the Town Center.
Warmest regards,
Victor
> <<18-June-2002 memo to Charles re Doran site Wendys drive-through.pdf>>
> '<<06-April-2001 memo to Charles re Doran siteWendys.pdf>>
>
>
cc: Kristen Thomas (please print for Winter Springs file)
Ron McLemore
..
1
*************** --a:M1. JotJRNAL- ******************* DATE OCT-10-2002 ***** TIME 16: 11 ********
mCE = MEMORY TRANSMISSICN
START=OCT~10 16:10
END=OCT-10 16:11
FILE NO.=316
STN COMM .
NO.
(NE-TOOCH/ STATrCN NAME/TEL NO.
ABBR NO.
PAGES DURATrCN
001 OK
a 818438496765
004/004 00:00:49
-CITY OF WINTER SPRINGS
************************************ -
- ***** -
407 327 4753- *********
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2789
Telephons: (.o'7l327-1800
Fax: (401) 327.47$3
E-mail: conlDctus@wlnIersptlngs1l.ore
October 10, 2002
-"',
Shane Ooran, Vice President
James Doran Company
216 Seven Farms Drive, Suite 200
Charleston, SC 29492
Dear Shane:
As requested I reviewed your Wendy's site plan with both victor and Ian Lockwood.
Both are 'recomnmnding-deniatof1he-concepr;-" l'need.1t)-empbasize that Ian is mote '
strongly opposed than victor. Ian is convinced that the site plan as proposed would cause
the intersection to become dysfunctional and a detriment to the customer and the project.
Additionally, Ian is strongly opposed to the angular parking just north of the circle for the
same reasons and strongly recommends that the parking lot be changed to parallel
parking. Ian has recommended the attached concepts. One of the concepts is the concept
recommended by Victor Dover.
Obviously, with. two of the most renowned consultants in the Country opposing the
concept, it is going to be impossible for the staff to be in favor of the concept.
My suggestion us that you choose One of the three plans proposed by Ian and that you
consider changing the parking north of the circle to parallel parking as recommended by
Ian.
In regards to the special exception for the pool supplier, staff has recommended approval
provided that there is no outside storage, including the liquid cWorine tanks. I don't
anticipate any problems with the Commission on this basis. Additionally, I don't see any
need for the representatives of the pool supplies to be there.
If you have any questions, please contact me at your convenience.
Sin~
t~CLemore
City Manllger
..
Ijp
U:\Docc\Word\TOWll Ccala\lDC DeveloplllClll\DcaW otwCZldtI.doe
}
. .
COIJG€PT C
-
-
'13 . ~...ktJ Sr~ c.e s .
} .
C ()JJC-ef:J, D
.. . it;;. tJ.-1."j Sf"'}
. . , .
,.
"
.1
...r /' ,.
",. ./
(.~'
". ~
~;
7 ~
.....
.~'~ ~
,.-'-'.'
l
..........
i
l ,.
.-t.t.,.. '!ro. ~.
. , ../.(.... .J
1._~ _:,\
<\\ \
, \. '
,.- ..
,.
.~
-.',
f\ \ \ \ \\ \ \ \ \ \ \\ \ \ \ \ \ (\ \ \ \ \ \ ( ~.
. . . .
[C
William J. Anglin,Jr.
O.vid L B>rth
J.y H. Exum
J.ck F. Glming
Carey S. H.yo
J.y R.. Hood
Timothy T. J.ckson
Willi.m C. Kercher,Jr.
W.lter M. Kubsh
Sh.ron K. Lam.nti.
S. Raymond Lopez
John H. Percy
John F. Rinehart
Gregory A. Bry!>
O.vid.R. Cbus
Ch.rles P. Cobble
Mich.e1 R. Cochran
Jeffrey S. Collins
Rich>rd E. Ourr.Jr.
Bruce C. H:u1
O.vid M. Kutner
Frank A. J..kiewicz
G.il O. Lacey
WilIi.m O. Lites
Edwud J. McKinney
Thorn.. J. McMacken, Jr.
Dougl.. A. Metzger
John J. Moore III
Timothy R. p.lermo
Troy P. Russ
Jodi L. Rutm.nn
Kelley J. S.muels
Peter C. Sechler
N.thm 1'. Silva
Laura K. Turner
Ron.ld L Urb.ni.k
G. Wade W.lker
Gary E. Warner
Community
Planning
33 East Pine Street
Orlando. Florida 32801
1': 407 843 6552
F: 407 839 1789
www.glauing.cnm
License # EU ()()()5HI2
LC C()()0049
Orlando' Wm Palm lkm:h
G LA TTING
JACKSON
KERCHER
ANGLIN
LOPEZ
RINEHAR T
VIA FACSIMILE 407.327.6695
Original to Follow by Mail
October 14, 2002
",
Mr. Kip D. Lockcuff, F.E.
Public WorksfUtility Director
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Re:
Proposed Wendy's Site Plan
GJ#16645.0l
Dear Kip:
On October 7; 2002, I reviewed the site plan, as proposed for Wendy's in the City of Winter
Spring's Town Center, with you and other City staff members. Unfortunat~ly, the proposed
driveway arrangement is problematic from a safety perspective and it needs correcting.
. The safety problem has to do with intersection spacing. The proposed one-way driveway
leading to Wendy's drive-through window intersects a site entrance road immediately next to
a second intersection. The second intersection is the intersection of the site access road and a
two-way driveway that leads to surface parking. The proposed separation between the two
intersections is about twelve feet or less through the use of what appears to be a median.
Even in normal parking lot design, the typical dimension between adjacent parking aisles is
the length of two parking stalls (i.e. 36 feet). The proposed spacingofless than twelve feet is
too small. The safety concerns are due to concentrating the turning movements of both
intersections too close together, coupled with what could be confused as a median.
This problem is reminiscent of the problem in the same location that was identified, but was
not changed by the developer, in June 2002. Concepts C and 0 that were provided to the
Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
Page I
[C
developer in June addressed the intersection spacing problem. Furthermore, Dover Khol
provided another layout similar to Concept C to solve the spacing problem. Any of these
three options or a similar solution would be acceptable.
Sincerely,
Ian M. Lockwood, P.E.
Senior Transportation Engineer
IML/pae
Glatting Jackson Kercher Anglin Lopcz Rinchart, Inc.
. Page 2
. " rOi2512002 15: 53 FAX 18438496765
October 25, 2002
JAMES DORAN COMPANY
@002
&JAMES DORAN COMPANY
ESTABLISHED 1 BB2
REAL ESTATE INVESTMENT BANKERS
~~C~''V1E20
DC r 2 "1
I 2002
Crry
OFF'C~~j;-tIN TER
THE C,gRlf'lGS
CLERK
Re: Wendy's - One way drive through
Winter Springs Town Center
Winter Springs. Florida
Dear Mayor and Commissioners,
I would like to appeal to all of you directly on one minor revision to our approved site
plan. This revision involves the reversal of a traffic lane to improve traffic flow and to
accommodate a drive through window. I urge you all to consider the following points:
.
During our permit process for our approved site plan, JDC was asked to
commission a traffic study to examine potential "conflict parts". JDC did
so, at a cost of$5,000, although begrudgingly as it was a puzzling request
(see attached exhibit A). It is well known that in a sense it is the point of
New Urbanism to CREATE conflict parts, at least in a sense to slow
traffic down. In any event, neither entrance to Wendy's was considered a
conflict point at the time. JDC believes this was the proper forUm if there
. was a traffic flow concern. Upon acceptance of traffic study, JDC moved
forward in good faith and constructed all approved site improvements.
.
The two-way traffic next to WendY's was a clerical error on the part of
JDC's team. It was always our intention to provide one drive-through
service to buildings 15 and 16; this intent was clearly memorialized in the
First Modification to Developers Agreement. The spirit of Paragraph 2
was clearly intended to allow a drive-through, as this is consistent with a
fast food use.
.
Our plan as proposed is an improvement over what is currently approved
as it eliminates a potential conflict (see attached letter and crede.ntials from
Turget Dervish ofTPD; "Exhibit B").
.
A plan was submitted that greatly improved traffic flow, eliminated
potential conflict points, and allowed adequate stacking (See attached
exhibit C). This plan was simply rejected; we were told to consider a plan
drawn by Victor Dover (See attached Exhibit D).
.
Joe then appealed to Charles Carrington, head of planning and zoning at
the time, noting that Victor's plan would not work because (l) it only
provided stacking for 2-3 cars and (2) its requires that new buil~ings b'e
built that were to small to lease and were in conflict with the approvea site
216 SEVEN F'ARMS DRIVE. SUITE 200 . CHARLESTON. SOUTH CAROLINA 29492 . (B43) BB 1-7550 . FAX: (8431 849'6765
OVERLOOK ONE. 2849 PACES FERRY ROAD. SUITE 310 . ATLANTA, GEORI3IA 30339 . /6781 309-9502 '. FAX: /6781 309.9503
WWW....AMESOORANCO.COM
;'}:
. __lO/2~/2002 15:53 FAX 18438496765
JAMES DORAN COMPANY
@003
plan and several corresponding leases that had already been signed. After
working with Charles and some hard negotiating with Wendy's, a
compromise was reached. This compromise is what will be before you on
October 28th (See attached Exhibit E).
Mr. Mayor and elected Commissioners, we are on the brink of success for the town
center and we are at an impasse over reversing one lane of traffic. JOe has been very
clear about our economic need for Wendy's and now Wendy's is almost out of patience.
I appeal to all of you to continue to be reasonable and to approve this minor change so
that we may move forward. r think it is very important that we keep up the momentum
we have created. I look forward to seeing all of you on the evening of the October 28th.
Sincerely,
Shane J"
Senior Vice President
James Doran Company