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HomeMy WebLinkAbout2002 04 08 Consent E Approval of the March 25, 2002 City Commission Regular Meeting Minutes COMMISSION AGENDA ITEM E Consent X Informational Public Hearings Regular April 8. 2002 Regular Meeting Mgr. / Dept. Authorization CONSENT E. Office Of The City Clerk Approval Of The March 25,2002 City Commission Regular Meeting Minutes. , - CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MARCH 25, 2002 I. CALL TO ORDER The Regular Meeting of March 25, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:35 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, absent 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 6:39 p.m. A moment of silence was followed by the Pledge of Allegiance. With Agenda changes being discussed, Commissioner Edward Martinez, Jr. asked that Regular Agenda Item" K" not be discussed at this Meeting, as Commissioner Miller was not present. Commissioner Michael S. Blake suggested that action on this Agenda Item be taken when the Agenda Item comes up for discussion. City Attorney Anthony A. Garganese arrived at 6:39 p.m. II. PUBLIC INPUT Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: as the President of the Winding Hollow Homeowner's Association, Ms. Dzamba commented on the dangers associated with this busy intersection and implored the City Commission to have a traffic light installed at Winding Hollow Boulevard and State Road 434. I i! = ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25,2002 PAGE 2 OF 29 City Manager Ronald W. McLemore advised the Commission of the latest developments related to this matter and stated, that "A check for - was received today from Pizzutti, sent to the contractor. The contractor did check to see if it was covered by the bank, it was not covered by the bank." Furthermore, based on what has transpired, Manager McLemore suggested that the City Commission needs to "Fully advance fund this item - that's our recommendation tonight - from Impact Fees, then we will just have to get in line with everybody else and see what we can get out of the deal." At Commissioner Martinez's suggestion, the City Commission agreed to move the Regular Agenda Item associated with this matter up - after other residents had all spoken on this matter. Manager McLemore then advised the Commission that "If the check that they sent today were to prove out to be in fact a good check, then we would only be sixteen thousand dollars ($16,000.00) off, which the City would have to cover." Mr. Roger Cooper, 313 Twelve Oaks, Drive, Winter Springs, Florida: advised the City Commission that he agreed with what Ms. Dzamba had stated. Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: stated that a relative of his who is an engineer in Ohio, is being paid "on time currently" by Pizzutti; and suggested that this check might be good, especially if it was drawn on a "ZBA" account and suggested that this be checked into. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT. .:. .:. VI. REGULAR REGULAR C. Public Works Department Reporting On The Status Of The Winding Hollow Traffic Signal And Requesting Direction As The Commission Deems Appropriate. Manager McLemore again stated that Staffs recommendation was "That we go ahead and advance fund this project - and then we will see again whether the funds - are going to be real or not; and at an appropriate time, which will be very near in the future, then I think if the funds are not forthcoming - then you just need authorize your City Attorney to file against them in a bankruptcy situation." ~ i! = t::f CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 3 OF 29 Commissioner David W. McLeod suggested that "I do have a problem with an issue of an additional $4,500.00 for late fees and remobilization by that contractor - if that contractor wants the City to step forward, pick this tab up and take care of it at this time then I think it behooves him to drop the $4,500.00 late fee and remobilization." Further, Commissioner McLeod added, "If he is wanting his money and he is wanting to move it, I think for a hundred and some thousand dollars, he will get rid of that." Manager McLemore said, "If that is your wish, that's what we will tell him." Commissioner McLeod stated, "That would be exactly mine." Commissioner McLeod then asked if there was a Bond and said that the City should have required one. Commissioner McLeod added that the Bond should have been requested as part of the original Development Agreement. Mr. Lockcuff [Kip ton D. Lockcuff, P.E., Public WorkslUtility Department Director] stated that he was not aware of any Bond that the City had requested, and Manager McLemore said, "We can check and see." Commissioner McLeod added, "I would highly suggest we go back and look at that." Commissioner Martinez said to Manager McLemore, "Do we have a mechanism in place to require these developers and contractors to put up a Bond, when they agree to perform this kind of work?" Commissioner Martinez added, "I think we should find a way to put a mechanism in place for the future, where we can take care of business and instead of having to take this money from the City's coffers and the tax payers, use the Bond money to pay for it." Deputy Mayor Cindy Gennell asked Mr. Lockcuff about the 1988 agreement - the "434 Partnership" Agreement, and further commented on additional discussions. Deputy Mayor Gennell stated, "I think that there were subsequent developer negotiations, when Winding Hollow came in there, that encompassed the red light - I know I recall some discussion since I have been on the Commission, so I would suggest somebody look back and see." "I MAKE A MOTION THAT THE CITY ADVANCE PAYMENT FOR THE DUE AND OUTSTANDING AMOUNTS TO GET THE TRAFFIC LIGHT UP FROM THE IMPACT FEE FUND, NOT INCLUDING LATE CHARGES OR THE REMOBILITY FUNDS, IN ORDER TO GET THEM GOING. THEY CAN GET THOSE MONIES STILL FROM PIZZUTTI OR HOWEVER THEY DESIRE TO DO SO, BUT MY MOTION DOES NOT INCLUDE THOSE FUNDS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ~ ~ ~ '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 4 OF 29 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION TO DIRECT THE CITY ATTORNEY TO BEGIN THE PROCESS TO COLLECT THE FUNDS OWED BY PIZZUTTI FOR ANY OF THEIR SUCCESSORS OR ASSIGNS, INCLUDING ALL COSTS FOR THIS TRAFFIC LIGHT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. THE CITY ATTORNEY WAS ASKED WHETHER A TIME CERTAIN TO MAKE THE CHECK GOOD SHOULD BE INCLUDED IN THIS MOTION, CONSIDERING THAT IT IS A CRIMINAL OFFENSE TO WRITE A BAD CHECK. COMMISSIONER McLEOD ASKED IF WE NEED TO "GIVE SEVEN (7) DAYS TO CLEAR TO PRESENT CHECK?" ATTORNEY GARGANESE RESPONDED THAT "I THINK THAT IS IMPLIED IN THE COMMISSIONER'S MOTION. WE ARE NOT GOING TO RUN OUT TOMORROW AND FILE SUIT. WE ARE GOING TO OBVIOUSLY MAKE A DEMAND BEFORE WE GO AHEAD AND DO SOMETHING LIKE THAT." VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Brief discussion followed on when the traffic light could be installed. Mayor Partyka summarized, "I think the support here is immediately - and we will do whatever it takes to do it immediately." .:. .:. AGENDA NOTE: THE CITY COMMISSION FURTHER HEARD FROM CITIZENS UNDER "PUBLIC INPUT" AS DOCUMENTED NEXT. .:..:. II. PUBLIC INPUT Ms. Denise Ritchey, 155 Cherry Creek Circle, Winter Springs, Florida: addressed her concern with the lack of trees at the Avery Park project, and remarked that trees were a big plus for any community. ~ ~~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25, 2002 PAGE 5 OF 29 Mr. Brian Oliver, 630 Cheoy Lee Circle, Winter Springs, Florida: thanked Commissioner McLeod and Commissioner Blake for their comments at a previous Meeting; and commented on the fill dirt being brought in at the Avery Park project and said he hoped that "When they do put the wall in, the elevation is like equivalent to the amount of fill dirt, so if she brings in three (3) or four foot (4') of fill dirt, hopefully the wall will extend so we don't have a six foot (6') wall on our side, and a three foot (3') foot wall on her side." Further, Mr. Oliver remarked about compliance with a "New landscape plan" and wanted to make sure that trees are in fact going to be planted. Commissioner Blake commented on what Mr. Oliver had said and said, "With the fill dirt, does that wall have to be six feet (6') on both sides?" Manager McLemore said, "The language just says a six foot (6') wall, it doesn't give any further detail." Manager McLemore added, "The intent certainly the way I see it would be six foot (6') of wall - we can shore that up." Commissioner Blake said, "I think it is a good idea to make sure that everybody is clear on that before they start laying block." Manager McLemore added, "I don't think that's a problem, but we'll check into it." Commissioner McLeod then stated, "I believe Mr. McLemore, if we're following that up - the tree situation has to be resolved before the wall went in. The wall has to go in before the build-out or roads and so forth onto that property, isn't that correct." Manager McLemore said, "That's the way I recall it." Mr. Michael Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: suggested that water trucks be brought in to the Avery Park site to r~duce the dust situation. Further, Mr. Tackaberry stated that with the purchase of additional property by Oak Forest residents, "Wouldn't it be nice to make a nice adjoinment with the two (2) walls - it would be the wall from the Tuskawilla Office Park and the extension of the Oak Forest wall; if they could be - the same type of brick - a kind of a nice joining of the walls." Commissioner McLeod said to Manager McLemore, "If they do look into this - the Oak Forest Committee - where the present wall is sitting, where that property was donated, that three foot (3') of right-of-way - you will need some ground in the right-of-way, so I don't believe the County is probably going to want to go through that long process - but you may want to get with them - to see if they will let you put a wall there." Furthermore, Mr. Tackaberry suggested that perhaps adding a gate might be a good idea should work need to be done in the future. Mr. Kevin Billings, 202 Heatherwood Court, Winter Springs, Florida: commented on the current Arbor Ordinance and felt that the proposed new Arbor Ordinance, (Ordi~ance 2002-08) did not seem to be as stringent as the current Ordinance in terms of numerous exemptions and tree replacements. ~ ~ - ~~ = ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25, 2002 PAGE 6 OF 29 Ms. Carol Fottler, 208 Heatherwood Court, Winter Springs, Florida: remarked about the proposed new Arbor Ordinance, Ordinance 2002-08 and felt that more stringent words were used in the current Arbor Ordinance, and thought that there was unfair treatment of individual homeowners compared to developers. Ms. FortIer asked this Ordinance 2002- 08 be re-worked. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT. .:. .:. VI. REGULAR REGULAR L. Community Development Department Requests The City Commission Direct Staff To Work With LYNX And Other Countywide Funding Partners To Identify Current And Future Public Transit Needs. Mr. Byron W Brooks, Executive Director, Lynx, 445 West Amelia Street, Suite 800, Orlando, Florida: addressed the City Commission and commented on the "Americans with Disabilities Act" (ADA) and possible cost sharing arrangements. Mr. Brooks stated that "There is a required service within a % mile of a bus service - the number of residents in this case it's relatively small, about six (6) residents actually live within % of a mile of the service that we are obligated to serve, and then there are a number of residents, about another forty-four (44) residents who live beyond the % mile who reside within the City of Winter Springs and are currently taking trips." Mr. Bill Shneeman, Director of Operations, Lynx, 445 West Amelia Street, Suite 800, Orlando, Florida: advised the Commission that "What we are estimating in next year that will have roughly 490 trips taken by these six (6) citizens of Winter Springs. Those- trips will run based upon our estimates right now, and we are still continuing to refine our budget numbers about $10,700.00. For the trips that will be outside ofthe % mile buffer, there is roughly 1740 of those trips and those trips would run about $38,000.00. And if you are looking for a rate that is $21.85 a trip." Tape I/Side B Discussion. Mr. Ed Griffin, Deputy Director for Paratransit, Lynx, 445 West Amelia Street, Suite 800, Orlando, Florida: spoke of the "ADA" requirements for services. ~ '-c:I ~ 1Ir:~ = t:::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25, 2002 PAGE 7 OF 29 Discussion ensued on services that are provided; related cab services; and costs. Manager McLemore said to the City Commission, "The leaders at the County have a real concern about levying a second penny of taxes in the same year that the public has already approved an additional penny for improvements in the road system. So, I think what they are saying to the localities is that we need a temporary way out where we can re-group here and come back and provide the appropriate in a fair and equitable way of financing this in our next fall year's fiscal period." Further, Manager McLemore stated that "What the County has brought to the Mayors and Managers is the process of working through an alternative, or the sets of alternatives, down to what's a final alternative. I think that what the County is saying to us is tell us what you are willing to do. In other words, they have asked all the cities to report back by mid-April, saying what you are willing to do with this dilemma that we are in. And, the Mayors and Managers group has discussed this through and - basically the consensus is it should be funded from gas tax." Manager McLemore added, "You can't solve this with a General Fund appropriation - that gas taxes is the way to do this." Further, Manager McLemore suggested that "If you are going to do it, then I think it should be part of that that you say to them, we are willing to do this if you will address the gas tax next year and if you are willing to pay us back for the money that we advance fund you once you get that revenue source. Now that's my recommendation to you. I think it's fair and I think it's the way it should be done. Your other alternative is to just fund it and not ask for your funds back, or don't fund it at all." Additionally, Manager McLemore advised the Commission, "At your next Meeting in April, we are coming to you with the first six (6) months of revenues and expenses. We like the County are having our own shortfalls because of the decline in the economy and probably I think you might want to wait until that Meeting happens to make that decision, and I think you can do that within the time line that the County has asked." "I WOULD LIKE TO MAKE A MOTION THAT WE FOLLOW STAFF'S RECOMMENDATION AND HAVE THEM BRING THIS BACK TO US WITH ALL THE INFORMATION LISTED ON THE AGENDA ITEM UNDER 'RECOMMENDATIONS' FOR A FINAL DISPOSITON." MOTION BY COMMISSIONER MARTINEZ. MAYOR PARTYKA STATED, "AT THE NEXT MEETING?" COMMISSIONER MARTINEZ STATED, "THE NEXT OR - APRIL 22ND." SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION ~ ~~ ~ = =- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25, 2002 PAGE 8 OF 29 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. III. CONSENT CONSENT A. Utility Department Requesting Authorization To Purchase Wastewater Residuals Hauling Service By Piggybacking Off The City Of Mount Dora Contract. Brief discussion. CONSENT B. Office Of The City Manager Requesting The City Commission To Consider Participation In The Under- Grounding Of Aboye Ground Utility Wiring In Front Of Avery Park And Tuscawilla Office Park. CONSENT C. Office Of The Mayor Resolution Number 2002-06, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Carl Stephens, Jr. For His Service On The Planning And Zoning Board/Local Planning Agency. CONSENT D. Office Of The Mayor Resolution Number 2002-07, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Jacqueline Adams For Her Service On The Central Winds Park Expansion Ad Hoc Advisory Committee. CONSENT E. Office Of The Mayor Resolution Number 2002-08, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To George Barcus For His Service On The Central Winds Park Expansion Ad Hoc Advisory Committee. I ~ II[" ~ ~ t::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 9 OF 29 CONSENT F. Office Of The Mayor Resolution Number 2002-09, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Paula Davoli For Her Service On The Central Winds Park Expansion Ad Hoc Advisory Committee. CONSENT G. Office Of The Mayor Resolution Number 2002-10, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Tim Johnson For His Service On The Central Winds Park Expansion Ad Hoc Advisory Committee. CONSENT H. Office Of The Mayor Resolution Number 2002-11, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Sally McGinnis For Her Service On The Central Winds Park Expansion Ad Hoc Advisory Committee. CONSENT I. Office Of The Mayor Resolution Number 2002-12, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Rod Owens For His Service On The Central Winds Park Expansion Ad Hoc Advisory Committee. CONSENT J. Office Of The Mayor Resolution Number 2002-13, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Vernon Rozelle, Jr. For His Service On The Central Winds Park Expansion Ad Hoc Advisory Committee. CONSENT K. Office Of The Mayor Resolution Number 2002-14, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Kelly Thompson For Her Service On The Central Winds Park Expansion Ad Hoc Advisory Committee. I ~ t::::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25.2002 PAGE 10 OF 29 CONSENT L. Office Of The Mayor Resolution Number 2002-15, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Ron Zarbaugh For His Service On The Central Winds Park Expansion Ad Hoc Advisory Committee. CONSENT M. Community Development Department Requests The City Commission Remove Consent Agenda Item A From The Table And Consider Information Related To Habitat For Humanity In Seminole County. CONSENT N. Office Of The City Attorney Presenting A Request By The Georgetowne Homeowners Association, Inc., Seeking Approval To Amend Its Declaration Of Covenants, Conditions And Restrictions ("DCCR's") For Georgetowne Unit II. CONSENT O. Office Of The City Attorney Requests That The City Commission Consider Approying The Joint Stipulation For Waiver Proposed By Seminole County For Signature By The City Attorney. Brief discussion. CONSENT P. Office Of The City Clerk Approval Of The Minutes Of The March 11, 2002 Regular City Commission Meeting. Mayor Partyka stated, "I am looking for a Motion to approve the Consent Agenda." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO APPROVE THE CONSENT AGENDA, LESS ITEM 'B.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. ~ ;B = t:::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 11 OF 29 VOTE: (ON AMENDMENT) COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. DEPUTY MAYOR GENNELL THEN SPOKE OF CONSENT AGENDA ITEM "M" AND STATED THAT UNDER THE CITY MANAGER'S RECOMMENDATION - "WE MAY WANT TO CONSIDER HANDLING IT SOMEWHAT DIFFERENTLY." VOTE: (ON MAIN MOTION, AS AMENDED) COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. With the approval of Consent Agenda Item "M," Mayor Partyka stated that this Agenda Item was taken off the Table and "It's scheduled for sometime in the future, or potentially today. " .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) INFORMATIONAL AGENDA ITEMS WERE DISCUSSED TOGETHER. .:. .:. IV. INFORMATIONAL INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL K. Public Works Department Informing The City Commission Of The Agreement With Capital Green I, LLC (Doran) Relative To Issuance Of Building Permits, Certificates Of Occupancy And Transportation Impact Fee Rates. Discussion. Tape 2/Side A I ~ t= CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 12 OF 29 Regarding Impact Fees, Commissioner Blake stated, "This needs to be looked at and make sure that if we are going to have these types of developments, not only here at the Town Center but up and down 434, specifically over in the Greenway Interchange District, I think we need to have another look at this and make sure that our Codes are easy to understand." Manager McLemore stated, "Sure. I would agree with that." .:. .:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS ARE NOT DOCUMENTED IN THE ORDER THAT THEY WERE DISCUSSED. DISPOSITION OF THE INFORMATIONAL AGENDA FOLLOWED THESE DISCUSSIONS. .:..:. IV. INFORMATIONAL INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL B. Community Development Department . Requests The City Commission Consider Information About The Design And Construction Of The State Road 434 Trail Bridge. Deputy Mayor Gennell commented on the design efforts with the County, and specifically asked, "Have we got their commitment for any kind of an enhanced structure, or is it going to be the straight concrete overpass?" With brief discussion on a design prepared by Victor Dover [Dover Kohl and Associates], Deputy Mayor Gennell added, "I just want to make sure that there is some opportunity in there for us to object to it, if we are really one hundred percent satisfied with it, before it goes out for bid." INFORMATIONAL C. Community Development Department Requests The City Commission Consider Information About The Design And Construction Of The Cross Seminole Trail (CST) Within The Town Center. INFORMATIONAL D. Fire Department Informing The City Commission Of Receipt Of Grant Funds To Be Used To Purchase Physical Fitness Equipment For Firefighters. ~ ~ ~ C =- = t::::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 13 OF 29 INFORMATIONAL E. Fire Department Informing The City Commission Of Receipt Of Grant Funds To Be Used To Purchase Emergency Medical Equipment. INFORMATIONAL F. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding The Tree Bank. INFORMATIONAL G. Not Used. INFORMATIONAL H. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding The Proposed Villagio Development. INFORMATIONAL I. Utility Department Informing The City Commission On The Potable Water Usage For 2001. INFORMATIONAL J. Public Works Department Updating The City Commission On The Status Of The Tuscawilla Lighting And Beautification District Project. INFORMATIONAL K. Public Works Department Informing The City Commission Of The Agreement With Capital Green I, LLC (Doran) Relative To Issuance Of Building Permits, Certificates Of Occupancy And Transportation Impact Fee Rates. INFORMATIONAL L. Public Works Department Updating The City Commission On The Schedules Of The 434 Redevelopment Project, Town Center Construction, And Utility/Public Works Facility Construction. <: Ill-- . ~...~~~:.. " i ~,.. - ~~ ~ ~ t::t CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25, 2002 PAGE 14 OF 29 INFORMATIONAL M. Utility Department Informing The City Commission Of The Detection Of A Contaminant In The Wells At Water Treatment Plant #3. With brief discussion, Commissioner Martinez stated that he wanted to advise Manager McLemore and Mr. Lockcuff "To keep us and the City residents informed as to the contaminants in the water situation." Mr. Lockcuffstated, "Yes, Sir." INFORMATIONAL N. Police Department Informing The Commission Of Its Application For Federal Grant Assistance. INFORMATIONAL O. Public Works Department Informing The City Commission Of A Public Meeting To Be Held To Discuss The Construction Of Main Street On April 4, 2002. "MOTION TO APPROVE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING DISCUSSION PERTAINED TO THE APPROVAL OF THE CONSENT AGENDA AND SPECIFICALLY CONSENT AGENDA ITEM "B" - FROM EARLIER IN THE MEETING. .:. .:. v. CONSENT CONSENT B. Office Of The City Manager Requesting The City Commission To Consider Participation In The Under- Grounding Of Above Ground Utility Wiring In Front Of Avery Park And Tuscawilla Office Park. ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRJNGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 15 OF 29 Commissioner Blake stated, "Point of Order" and asked that the City Clerk check on what was previously voted on. City Clerk Andrea Lorenzo-Luaces reviewed the votes associated with the prevIOus approval of the Consent Agenda, which included the verbiage "Less Item 'B.'" "MOTION TO TABLE CONSENT ITEM 'B.'" MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka called a break at 8:26 p.m. The Meeting was reconvened at 8:42 p.m. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Presents To The Commission, The Second Reading Of Ordinance Number 2002-10, Which Will Vacate And Abandon A 5 Foot Wide Utility Easement, Located Along The West Side Of Lot 15, Parkstone Unit I. Attorney Garganese read the Ordinance by "Title." Commissioner Blake returned to the Commission Chambers at 8:43 p.m. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced this Agenda Item. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. ~ ~ ~ ~ '-' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 16 OF 29 "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ORDINANCE 2002-10." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY MAYOR PARTYKA: AYE MOTION CARRIED. PUBLIC HEARINGS B. Community Development Department/Office Of The City Attorney Present To The City Commission For A Second Reading Ordinance Number 2002- 08 Amending Chapter 5 Of The City Code By Repealing The Existing Arbor Ordinance And Adopting A New Ordinance Entitled Tree Protection Ordinance. Attorney Garganese read the Ordinance by "Title." Ms. Jimette Cook, Manager, Code Enforcement Division, Community Development Department briefly introduced this Agenda Item. Attorney Garganese reviewed a number of the enhancements to the Arbor Code and identified the newly proposed Ordinance 2002-08. Discussion began with tree surveys needing to be done. Commissioner Blake suggested, "What I am asking for is some framework for somebody, whether it be Staff or this Commission or whoever ultimately makes the decision to be able to make a determination that it's not necessary or is necessary so that we treat everybody the same." Attorney Garganese explained, "That's why the new Ordinance contains review standards, there is a list of criteria, one through eleven which when applicable will be applied in the decision making process." With a reference to page 6, Section 5-4. ~), Commissioner Blake stated "That doesn't address a tree survey." Attorney Garganese responded, "To the extent that the criteria is relevant it would. The issue of the tree survey has come up a couple of times and the necessity of getting a tree survey sometimes has to be made on a case by case basis." ~ ~ = '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25, 2002 PAGE 17 OF 29 Commissioner Blake stated, "My concern is that if we don't spell out some guidelines and I understand it can't necessarily be concrete guidelines because every case is different when dealing with nature, but we need to have some policy type guidelines so that we are fair to Staff, they can make consistent decisions; we are fair to the Commission, they can make consistent decisions." Attorney Garganese next broached the topic of replacement trees and related alternatives. Commissioner Blake remarked about "Replacement alternatives" and asked, "Are we allowed to state within the Ordinance that those dollars would be placed into the Tree Bank trust fund - is that set up as a trust fund?" Ms. Cook stated, "It is for the - augmentation or the maintenance of public trees, or trees located on public lands." Commissioner Blake asked where the language just stated was written. Ms. Cook explained that that language was in the current Ordinance. Attorney Garganese stated, "The new Ordinance simply says it just gets paid into the Tree Bank, and I don't think we carried that language forward - under the new Ordinance we would come back with a Resolution - establishing fees. The bottom line Commissioner is if you want to carry that language forward we can." With reference to Section 5-3. (e) of the current Code, Commissioner Blake stated, "I would like to see that carried forward to make sure that the money goes for the intended purpose. The rest of the Commission would have to concur." Attorney Garganese stated that "Current Ordinance provides no tree protection guidelines during construction; your new Ordinance will provide a list with the help of your Arborist and Staff - a list of guidelines that are designed to protect trees that should exist during construction." Commissioner Blake inquired, "Does this section come anywhere close to construction to the regulations they have in Lake Mary?" Commissioner Blake explained that Lake Mary had a "Wood fence with huge signs all around the trees that are to be protected, citing the section of code and the penalty's." Specimen trees were next covered. Commissioner Blake posed the following question, "You have a specimen tree that is diseased and is causing some - potential hazard" and asked if approval for removal would need to be granted by the City Commission? Ms. Cook stated, "Section 5-8. of the new Code, it says 'Specimen trees are all trees other than undesirable trees, which are twenty inches (20") or more.' It doesn't address the safety issue, but it does address the invasive, exotics." Attorney Garganese stated, "You may want to add a little language to make it clear." Commissioner Blake agreed and said, "Just to make sure that there is no question. Okay." Mayor Partyka then asked, "What is the additional language that we are going to put in there?" Manager McLemore clarified that it would state something to the effect that "Specimen trees - if they are dead or they are diseased then you can take them down without bringing it to the Commission." Commissioner Martinez stated "Point of Order" and referenced Section 5-4. on page 5.U ~ ;;8 ~ '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 18 OF 29 Attorney Garganese then said to Commissioner Blake, "I think your intent is not to require a specimen tree that poses a danger to the community to come to the Commission..." Commissioner Blake stated, "... That would be my desire." Attorney Garganese added, "If it poses a safety hazard then - it probably should not have to come to the Commission." Commissioner Blake then said, "5-8. (.12), you'll put that language in, correct?" Attorney Garganese agreed. Discussion followed on whether Ordinance 2002-08 treated developers differently than property owners. Regarding Section 5-9. (.12) (Q) (B), which deals with a required conservation area and mitigation of wetlands, Commissioner Blake stated, "That's the outcome of this section - that you can have the exact kind of development that we have had discussed tonight where they can come in and take down every single tree in the upland area, in the developable area and simply not agree or simply agree not to develop in a place of public conservation those areas that would never be feasible to develop anyway and skirt around all the teeth that are supposed to be in this Ordinance and they wouldn't have to plant a single tree - and I won't vote for it based on that." Attorney Garganese then stated, "Assuming that the credits they received eliminated the upland tree replacement, they still need to meet the minimum tree requirements under 5- II per lot." Commissioner Blake then inquired, "Where in here does it say that that Section supercedes this Section?" With further discussion, Commissioner Blake added, "Mayor, I have a real problem with this Section (h) and Section (~J This is the exact same article or issue rather that I argued against with the Avery Park section where they had that large wetland area that they were trying to use as a tree credit - and I won't vote for the Ordinance if that stays in." Deputy Mayor Gennell said, "On the 434 corridor or the new Town Development area, do we have additional arbor requirements, over and above the regular Arbor Ordinance." Tape 2/Side B Furthermore, Deputy Mayor Gennell stated, "I would appreciate it if somebody would look and see if it isn't in the Redevelopment and the New Development" areas. A computer formatting error was noted on page 12, the (~) should most likely be (f). Attorney Garganese agreed that it should be (f) on page 12. Then, Deputy Mayor Gennell stated, "Comparing page 12, Section 5-9. (Q) (iv), it says 'The Developer agrees to be responsible for the viability of the replacement trees for one (1) year after installation. A performance bond may be required to insure compliance.' Compare that to page 15 - under Section 5-14. 'Tree Protection During Development Construction; Periodic Inspection.' (b) - 'The property owner shall guarantee survival of retained or Replacement Trees for two (2) years from completion of permitted ~ ~ = '-' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 19 OF 29 construction, unless a greater time period is required by development agreement. If a retained or replacement Tree dies during that time period, the property owner shall replace the Tree in accordance with a remedial action approved under 5-17. of this chapter.' It would appear that both of these references are to developers. One is one (1) year, and one is two (2) years. And so I suggest for one thing we need to make them uniform and secondly, I suggest that on 5-14. (12) where it says what will happen, if a retained or replacement tree dies, that we also carry that backward and put it on that (iv) - on page 12." Mr. Michael Mingea, City Forester, Code Enforcement Division, Community Development Department addressed the City Commission on the one (1) year/two (2) year issue and stated, "I believe that one of those applies to planted trees - that should be the one (1) year item and if you look at the other there on 15, it should be preserved trees - those that are protected. Those may already be there, they have been worked around, they have been damaged somehow during construction, so we are going give them two (2) years to die off." Attorney Garganese said, "If it's the Commission's pleasure we will just make the two (2) sections consistent." Mayor Partyka stated, "Right." Deputy Mayor Gennell said, "Thank you." Attorney Garganese then asked, "Did the Tree lists get revised?" Ms. Cook stated, "We can make sure that that's cleaned it up." Industry standards regarding trees purchased at nurseries was discussed next. Commissioner McLeod suggested that "I would advise the Commission to look at them individually and if you are going to make them the same, go to the one (1)." Commissioner McLeod then asked "When building a wall between property lines of commercial and residential - what protects the residential property owner from having trees close to the property being lost due to the footings being dug for the wall and the root systems of trees being cut on the residential property side of the line?" Commissioner McLeod then asked, "Where in this Ordinance are we protecting that residential piece of property?" With discussion, it was deemed that such situations would most likely be a private property dispute. Commissioner McLeod suggested that criteria and standards that would be required for the permit process be stipulated on a chart and be available for use. Manager McLemore suggested that "I would feel probably better about a trained Arborist trying to make a judgement than trying to create a manual" for general interpretation. Commissioner McLeod added "I am just telling you I want a chart." ~ ~ ~ .~ ~ t::::t CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 20 OF 29 Regarding Section 5-10. (g), Commissioner McLeod said, "When raising the existing soil level a maximum of six (6) inches of compactable top soil may be added within the dripline." Furthermore, Commissioner McLeod asked Mr. Mingea, "Do you feel comfortable with the six inches (6") as the max - is a reasonable number." Mr. Mingea responded, "I feel comfortable with it." Commissioner Blake suggested that "I would like to send this back to Staff and postpone this Item until our next Meeting on April 8th and have a 3rd Reading for adoption at that point in time and hopefully give Staff some time to get together - and bring back to us the reworked Ordinance that would then have some of these new items in there up for discussion. " Deputy Mayor Gennell said, "Last time I brought up the very same issue that Commissioner McLeod brought up if you recall, suggesting that the drip line was more appropriate, so now I am glad to see this come back and I agree with what he had to say." Commissioner Martinez also agreed with the tabling of this Agenda Item. Additionally, Deputy Mayor Gennell said to Staff that "If they could possibly - when you bring this back to us, if you could possibly do something to identify just the pieces that we changed - if you could a yellow high lighter or something that will stand out." Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. James J Meagher, 710 East State Road 434, Winter Springs, Florida: stated his preference with saving as many trees as possible; that developers should be responsible; preserving tree canopy; and suggested that tree service companies should have their insurance and business licenses on file with the City. Mr. Brian Oliver, 630 Cheoy Lee Circle, Winter Springs, Florida: spoke of his concern with a possible encroachment issue and civil action involving several trees near where the Avery Park wall is planned to go. The "Public Input" portion of this Agenda Item was closed. Mayor Partyka asked for a consensus regarding that "The fund is to be used for tree replacement." Tape 3/Side A Mayor Partyka stated for the record that this was agreed to. ~ ~ = ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25, 2002 PAGE 21 OF 29 Next, Mayor Partyka asked, "Does this Commission feel the same way on (h) and (~)?" Commissioner Blake suggested, "I would strike section (h) and (~)." For further clarification, Mayor Partyka stated, "My issues have been what is this public conservation area - and how we got to the replacement credits." Commissioner Martinez stated, "I said, give it to the Attorney and he will decide whether to strike it out, or amend it, correct it, delete it, whatever." Deputy Mayor Gennell stated, "Strike it." Commissioner McLeod said, "Give it to the Attorney to determine whether it should just be struck or can it be more clarified by the Attorney to basically say you are not getting credit for those trees in the wetlands." Mayor Partyka summarized that it would go back to the Attorney to "Clarify it and I think you need to consider all these points." The next issue was the "Soil level issue - there was a question on who determines that and the City Manager is talking about the Forester, but there should be some kind of guidelines." Commissioner Blake stated, "Forester." Commissioner Martinez also said "Forester." Deputy Mayor Gennell also agreed with this. Mayor Partyka next stated, "There was an issue on the burden of tree protection of the property owner - it is basically two (2) years for one, one (1) year on the other. Do we want to make this consistent?" Commissioner Blake said, "One (1) year for planted trees, two (2) years for injured." Commissioner McLeod stated, "As it is, except clarify the two (2) years/one (1)." Commissioner Martinez agreed, as did Deputy Mayor Gennell who added, "And in the second section, take out the word replacement trees." Commissioner McLeod added, "I think the Mayor had. misstated one "issue and the 'one issue was the soil, but there was a second issue - distance that I had mentioned, and I had asked for a chart." Commissioner Martinez stated, "Point of Order" and spoke of what Commissioner McLeod and the Arborist had discussed earlier. Mayor Partyka summarized that there are two (2) points. Number one is do we allow the Forester or the Arborist to allow both of those issues - that should be option one." Further Mayor Partyka said, the second issue is now the six foot (6') radius, do we want the Forester to handle this or not?" Commissioner Blake stated, "The six foot (6') radius in general or as determined by the Forester." Commissioner Martinez said, "The Forester." Deputy Mayor Gennell said, "I think some criteria would be very helpful." Commissioner McLeod stated, "I think some form of chart." Mayor Partyka's vote was, "I think the Forester should do it with some kind of criteria." Manager McLemore suggested, "You have the chart adopted as a guideline, not as a rule."o i! ;I ~ '-' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 22 OF 29 "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONSE ORDINANCE 2002-08 TO THE NEXT REGULAR SCHEDULED COMMISSION MEETING, APRIL 8TH, 2002 FOR A THIRD READING FOR ADOPTION WHICH WILL INCORPORATE THE DISCUSSIONS AND CHANGES AND ALTERATIONS MADE TONIGHT AND THOSE BY STAFF BETWEEN NOW AND THEN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER McLEOD ADDED, "TO MAKE SURE WHAT WAS ASKED BEFORE, IS THAT AS IT COMES BACK TO US WITH HIGHLIGHTED CHANGES, IN THOSE SECTIONS." VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS C. Community Development Department/Office Of The City Attorney Present To The City Commission For A Second Reading Ordinance Number 2002- 09 Amending Chapter 13 Of The City Code To Require The Removal Of Dead, Damaged Or Diseased Trees Which Constitute A Hazard To Life And Property. Attorney Garganese read the Ordinance by "Title." Ms. Cook briefly introduced this Agenda Item. Mayor Partyka opened the "Public Input" portion of this Public Hearing. Mr. Kevin Billings, 202 Heatherwood Court, Winter Springs, Florida: explained that he felt that the current Arbor Ordinance covered all the items mentioned in this proposed Ordinance. Mayor Partyka closed the "Public Input" portion of this Public Hearing. "MOTION TO APPROVE ITEM 'c' - ORDINANCE 2002-09." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. ~ ~ I '-' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25, 2002 PAGE 23 OF 29 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VI. REGULAR REGULAR A. Office Of The City Manager Requesting The City Commission Review The 3 Financing Alternatives For The Oak Forest Special Assessment District Bank Note And Authorize Staff To Proceed With The Financing Recommendation From The City's Financial Advisor. Mr. David Moore, Public Financial Management, 201 South Orange Avenue, Suite 201, Orlando, Florida: addressed the City Commission. Attorney Garganese left the Commission Chambers at 10:23 p.m. Discussion. Attorney Garganesereturned to' theCommission'chambtqrs at JO:28p:m. .- Commissioner Blake said, "For the record, I do not agree with the City taking on the note and holding it." Commissioner Martinez agreed with this. "I MAKE A MOTION TO ACCEPT THE INFORMATION." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. ~ ~ ~ '==' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25, 2002 PAGE 24 OF 29 REGULAR B. Information Services Department Wishes To Receive Direction From The City Commission On Updating The Information Services Master Plan. Ms. Joanne Dalka, Information Services Department Director addressed the City Commission and a presentation was given to the City Commission. The City Commission was asked for specifics on their position about the next five (5) years. Commissioner Blake said, "I would like to see us get to a technologically favorable environment which involves a continued investment in hardware, software, and training. I would like us to get to a paperless type environment." Further, Commissioner Blake stated, "I would certainly love to see a Web site that is user friendly for both the folks that work here and try to get things done and for the folks who live here who try to get things done at this City Hall. And, all those "ecommerce" items that you had pinpointed up there, I thought were wonderful. I don't think that's all of it, but it's a good start." Next, Commissioner Martinez said to Ms. Dalka that "I think that you should come back to us - being you are the professional here, the one that runs that department and with your hands on experience, tell us what you think is needed to really catapult us." Commissioner McLeod stated, "First of all, I would like to say thank you for where you have brought us from and where you have brought us to." Commissioner McLeod thanked Ms. Dalka for. -bringing- this to. .the.. Gommission ~'lJp- .front'.'. and added, "I commend you for bringing that forward." Further, Corrimissioner McLeod stated that he felt that laptop computers for police cars should "Be one of the first priorities!" Additionally, Commissioner McLeod commented that "The kiosk is not my number one by a long shot. I think you have got a lot of things here more important, but I do believe it works in with your blend as you go. 'Ecommerce,' yes we are behind in that. Many cities today are allowing this permitting to go online, I think that is one that does need to be ramped up fairly fast also. So, I am not sure you are dealing with a five (5) year plan as much as perhaps a three (3) year plan Ron, and we may have to have allocations to help staff that and help fund that to get us to the level to be brought up to date and into the modem world." Furthermore, Commissioner McLeod added, "Personally like I said, I would much rather see this ramped rather than five (5) years, a three (3) year - staff it for such and finance it for such. Because I think at that point you are going to need to start back." Ms. Dalka gave a brief overview of the KlV A program as it currently stands and what is planned for the future. I ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARC/.I 25, 2002 PAGE 25 OF 29 Deputy Mayor Gennell asked ifthere was a street map of the City and a map of the City's districts on the City's Website. Deputy Mayor Gennell stated, "I think we should have a map of the City available for people to look at as well as the districts that each Commissioner represents too." Further, Deputy Mayor Gennell stated, "The kiosk - with a terminal in the Lobby, I do think that is important." Deputy Mayor Gennell then mentioned a bulletin board type feature that she previously saw on the City of Sanford's Website and asked, "How does somebody send a general question" to our City? Deputy Mayor Gennell also suggested that census information should also be posted on our Website. Tape 3/Side B Commissioner McLeod said to Manager McLemore, "Seeing the Mayor has a passion to be heading that way and leading - but I would like to ask you to find out what is a time frame that we can shorten to and what is it going to take to do that in real dollars and personnel - and that may be something that you need to be bringing back here, but I tend to agree with the Mayor that I think the time frame is too long. But, City Manager I would like you to tell us the direction." Manager McLemore stated, "We'll certainly be working on that." Commissioner McLeod then said, "I personally would like to see this thing speeded up and it may mean doubling the Department, doubling the resources or tripling the Department." Further, Commissioner McLeod asked, "I think: the Commission needs numbers to deal with to get there. Is that something that could be brought back - within the next three (3) Meetings?" Manager McLemore responded by saying, "I don't think we can do it that quick. I think it's going to take much longer than that. I think: what we have to do is we have got to identify all of those potential applications prioritize those applications and then say, here it is, we can do it under scenario one (1), or we can do it under scenario two (2) or we can do it under scenario three (3) and each one will have a cost benefit attached to that. That's going to take some real work." Commissioner McLeod the suggested, "How about eight (8) weeks?" Manager McLemore stated, "Probably with some technical assistance." Ms. Dalka agreed and said, "With technical assistance, eight (8) weeks." Commissioner McLeod stated, "That would be my direction Commission, and I think eight (8) weeks is a long time to try to wait for information, but on the other hand I think that is what we should do - is give some direction to the City Manager to bring us back some charts, costing, along with time frames to get this done in a shorter time frame than what we see here in five (5) years - I would like to see it perhaps in a two (2) year window happen." Commissioner Blake stated, "I agree." Deputy Mayor Gennell said, "eight (8) weeks." Mayor Partyka inquired, "Eight (8) weeks - is that the consensus of this Commission?" Commissioner Martinez said, "Yes." I Ii-cI ~ '--' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25, 2002 PAGE 26 OF 29 Commissioner Martinez departed the Meeting at 11:01 p.m. "I'LL MOVE TO ADJOURN THE MEETING TO APRIL 1ST." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT WE RE-ASSEMBLE TOMORROW EVENING AT 6 O'CLOCK." MOTION BY COMMISSIONER McLEOD. COMMISSIONER McLEOD THEN STATED, "I WOULD SECOND THE 1ST." MAYOR PARTYKA SAID, "A SECOND ON APRIL 1 - ADJOURNMENT TO APRIL 1- WITH A SECOND." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY DEPUTYMAYORGENNELL: AYE MOTION DID NOT CARRY. "MOTION TO ADJOURN TO APRIL 2ND." MOTION BY COMMISSIONER BLAKE. MAYOR PARTYKA STATED, "FINE WITH ME, I'LL BE HERE." SECONDED. DISCUSSION. DEPUTY MAYOR GENNELL STATED, "OKAY WITH ME." COMMISSIONER McLEOD STATEI), "I'LL BE HERE." MAYOR PARTYKA STATED, "I THINK BY CONSENSUS WE'RE HERE AT 6:30 ON TUESDAY, THE 2ND." MOTION CARRIED. VIII. ADJOURNMENT At 11 :06 p.m., Mayor Partyka stated, "This Meeting is adjourned to that point - 6:30 Tuesday. " .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED AT THIS MEETING. .:..:. VI. REGULAR ~ ~ I '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 27 OF 29 REGULAR D. Community Development Department/Office Of The City Attorney Present To The City Commission For Its Consideration An Interlocal Agreement Entitled "Local Compliance Review Board Of The Florida Building Code Interlocal Agreement" Which Would Establish A Countywide Compliance Review Board As Required Under The Florida Building Code. REGULAR E. Community Development Department Requests The City Commission Consider Adopting The Proposed Capital Improvements Program. REGULAR F. Office Of The City Manager Requesting The Commission Consider The Continuation Of Legislative Services, And Authorize A Supplemental Appropriation For Such Services If Found Necessary Including The Services Already Incurred In FY 02 In The Amount Of $10,000.00. REGULAR G. Community Development Department Requesting The City Commission To Reconsider It~ Current Policy Required For Commission Consideration Of Actions Reviewed By City Boards. REGULAR H. Community Development Department Requests The City Commission Consider Ideas For Naming Streets Within The Town Center. REGULAR I. Utility Department Requesting Direction On The Utility/Stormwater Rate Study. REGULAR J. Community Development Department Requests The City Commission Consider Amending Regulations Affecting Accessory Buildings. l! ;;a ~ '--' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 28 OF 29 REGULAR K. Community Development Department Requests The City Commission Receive Information About Boat Docks. REGULAR M. Office Of The City Clerk Requesting The City Commission Review The Available Dates And Submitted Information For This Year's Board Appreciation Dinner Which As In Previous Year's Will Honor The Individuals Who Serve Our Community As Members Of The City's Advisory Boards And Committees. REGULAR N. Office Of The City Manager Recommending Commission Approval Of Resolution 2002-16 Creating The Paw Park Advisory Committee. ADD-ON REGULAR O. Office Of The City Manager Requesting The City Commission To Authorize The City Manager To Execute An Amendment To The Development Agreement Wit~ CHC Development Co., Inc. Allowing For A Change In The Distribution Of Two Story Units. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces ~, ~~. ." ~ ~~ -= = ~ = '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 25. 2002 PAGE 29 OF 29 REPORTS D. Commission Seat One - Robert S. Miller REPORTS E. Commission Seat Two - Michael S. Blake REPORTS F. Commission Seat Three - Edward Martinez, Jr. REPORTS G. Commission Seat Four/Deputy Mayor - Cindy Gennell REPORTS . H. Commission Seat Five - David W. McLeod 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. ~ ~ ~ ~