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Home My WebLink About2002 04 22 Consent G Unapproved Minutes from the April 2, 2002 City Commission Special Meeting COMMISSION AGENDA ITEM G Consent X Informational Public H:earings Regular April 22. 2002 Regular Meeting Mgr. I Dept. Authorization CONSENT G. Office Of The City Clerk Requesting Approval Of The April 2, 2002 City Commission Special Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING APRIL 2, 2002 I. CALL TO ORDER The Special Meeting of April 2, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:32 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor 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 6:36 p.m. A moment of silence was followedbythePledge.of-Allegiance.-..- Mayor Partyka advised the Commission that he attended the City of Oviedo's City Council Meeting last night to ask their City Council to have a Joint Meeting with our City Commission. Mayor Partyka said, "I have a feeling that they will meet with us in some foreseeable time, hopefully within the next few months." VI. REGULAR (CONTINUED FROM THE MARCH 25, 2002 REGULAR MEETING) 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. ~ ~ ~ ~ ....=. t:::f CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRlL 2. 2002 PAGE 2 OF 23 Mr. Charles Carrington, AICP, Community Development Department Director introduced this Agenda Item. City Attorney Anthony A. Garganese arrived at 6:36 p.m. Discussion. "I'LL MOVE TO APPROVE THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE OTHER CITIES FOR THE LOCAL COMPLIANCE REVIEW BOARD OF THE FLORIDA BUILDING CODE INTERLOCAL AGREEMENT." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ~ ~ ~ --Proposed- Capital- - - - -. ..- -~ REGULAR E. Community Development Department Requests The .City ..Commission - Consider.. Adopting...Tbe Improvements Program. Mr. Earnest McDonald, AICP, Advance Planning Coordinator, Commwlity Development Department introduced this Agenda Item. Brief discussion. "I'LL MAKE A MOTION TO TABLE THIS FOR A LITTLE WHILE - TO BRING IT BACK UP A LITTLE LATER IN THE EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 3 OF 23 Mayor Partyka said, "We'll Table that to sometime later in the Meeting." REGULAR F. Office Of The City Manager Requesting The Commission Consider The Continuation Of Legislative Services, And Authorize A Supplemental Appropriation For Such Senrices If Found Necessary Including The Services Already Incurred In FY 02 In The Amount Of $10,000.00. With brief discussion, Commissioner Michael S. Blake stated, That's my recommendation also Mayor, to go with Alternative 3. which removes the retainer but just puts him on a straight hourly rate, as often as we use him." "I'LL MOVE FOR APPROVAL OF ALTERNATIVE 3." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION cARRIED~ . REGULAR G. Community Development Department Requesting The City Commission To Reconsider Its Current Policy Required For Commission Consideration Of Actions Reviewed By City Boards. Mr. McDonald advised the Commission regarding this Agenda Item. Discussion. Commissioner Blake said, "If were to adopt this new schedule that you are suggesting - before the final decision is rendered, we would in fact at that point in time, have approved Minutes?" Mr. McDonald responded, "In most cases, yes." Commissioner Blake added, "Typically, what we are talking about here are issues that would require two (2) Readings, whether it is a Land Use Change, Zoning Change - so, by the time that we get to the Final Adoption Hearing - except for the most unusual exception, we would have final approved Minutes to go along for the Adoption Hearing?" Mr. McDonald stated, "Prior to Second Reading, yes." ~ ~ ~ ~ = t::::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 4 OF 23 "BASED ON WHAT HAS BEEN SAID, I RECOMMEND WE AltpROVE ITEM 'G' - STAFF RECOMMENDATION." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. Discussion. Mr. McDonald then suggested that "In the event of Special Exceptions, perhaps the Commission could consider not allowing for the expedited review of those types of applications but for those that would require a Second Reading, perhaps this particular recommendation could apply to those only." Deputy Mayor Cindy Gennell stated, "That would make a little more sense to me and I would definitely want to see the Minutes that came with the first Reading to be clearly marked 'Draft Minutes' and the Minutes that came with the second one, clearly to indicate that they were exactly 'Approved Minutes' or if we were still dealing with 'Draft Minutes. '" Mr. McDonald stated, "'Certainly." Commissioner David W. McLeod suggested "Could we not get the Chairman of that particular Committee to initial off on the proposed Minutes?" Commissioner McLeod further said that - "It would help expedite it at least if the Chairman read through the Minutes, had a copy of the Minutes had an opportunity to look at it and sign off on the Minutes, as the Chairman of that Board remembered it - or Vice Chair, in case the Chairman is out of town." Attorney Garganese agreed with Commissioner McLeod's suggestion and stated, "They could be preliminary reviewed by the Chair and the Chair could sign off on them. It would not be a final action of the Board however." "I WOULD BE VERY COMFORTABLE WITH TRYING IT THIS WAY FOR SIX (6) MONTHS OR A YEAR AND LET US REVIEW IT AGAIN, AT THE END OF A YEAR AND SEE THAT IT IS WORKING THE WAY WE WANT IT TO, AND LET THEM BE PRELIMINARILY REVIEWED BY THE CHAIR OF THAT COMMITTEE. I WOULD JUST LIKE TO REVISIT IT AT SOME POINT IN TIME." MOTION BY DEPUTY MAYOR GENNELL. COMMISSIONER BLAKE ADDED, "IF HER MOTION WAS FOR ONE (1) YEAR TO COME BACK AND REVIEW IT." DEPUTY MAYOR GENNELL ADDED, "YES." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE . COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. c::j! ~~ ~).~i~ ~~~ ~ T::J ~~d ~ t:::' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 5 OF 23 COMMISSIONER McLEOD ADDED, "THE SIGNING WOULD BE BY THE CHAIRMAN, BUT IF THE CHAIRMAN HAPPENED TO BE OUT OF TOWN, THE VICE CHAIR THEN SHOULD BE ABLE TO SIGN FOR IT." FURTHER COMMISSIONER McLEOD CLARIFIED THAT "IF THE CHAIR HAPPENS TO NOT BE AT THAT MEETING, THEN THE VICE CHAIR SHOULD SIGN." REGULAR H. Community Development Department Requests The City Commission Consider Ideas For Naming Streets Within The Town Center. Mr. Carrington led the discussion on this Agenda Item, and suggested that a minimum of twenty-five (25) street names could initially be needed, and that number could go up to thirty-five (35) or forty (40). Deputy Mayor Gennell suggested, "Since we are a designated 'Tree City' - that we go with the tree theme." Commissioner Edward Martinez, Jr. said, "I think we need some kind of a Workshop to sit down and work this out." Commissioner McLeod stated, "I would agree to a Workshop - when you talk themes, of the one I see in front of us; most cities you can go into and find these same names, and I don't know that that's what we are all about. I would like to see possibly a theme recognizing personnel that have - contributed a lot to this City and one of those themes would be naming streets after past Mayors and that would include probably the present Mayor. I would also like to see that - we have a couple names that have been attached to certain streets - Hickory is one of them, Magnolia is another and - Parle. Some of those are not bad, they have created some history. The other would possibly be the developers that have helped bring us along - the Scrimsher's have been very positive and active - so has James Doran." Additionally, Commissioner McLeod stated, "We have given it a lot of thought - to this Town Center and I think it ought to be recognized and be different than other communities." Commissioner Blake stated, "I absolutely agree that we ought to have a Workshop on this." Commissioner Blake explained that he did not particularly like some of the car names, but thought that names associated with "Technology" might be suitable. Commissioner Blake then said, "What I might recommend is we have a Workshop and each of us come up with our-twenty-five (25) favorite names." Commissioner Blake then said that of the themes "That are listed here, the Poets, or the Artists and Composers - kind of the artsy thing - certainly presents itself with a certain flavor or feeling of the area - that is generally thought to be a well done area of achievement." ~~ ;':~J~ ~.,"(..~ ..t:J i.;i''''~ t;J,~~..i~ "'~. ~~:....,. ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2. 2002 PAGE 6 OF 23 Mayor Partyka summarized that "A Workshop - I think everybody wants to do a Workshop." Commissioner Blake clarified his previous statements by saying, "I like the idea of a theme. I think the theme makes sense. You may use a them for twenty (20) of the streets and have free reign on the other five (5)." Mayor Partyka suggested, "It would seem a logical time to do that is on Monday the 15th" of April. Mayor Partyka further clarified, "Okay, so we are going to have a Workshop on the 15th and it will also discuss names of the streets." REGULAR I. Utility Department Requesting Direction On The Utility/Stormwater Rate Study. ~~ e .,.~~,: ';. ... c ", :tsJ t..><~ t,~. .;.. ,N",. ....."... ~\ ., ~'..i:.i1I!! ~:~..':~".... ~~ It::f Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director addressed the City Commission and asked for direction. Commissioner Martinez stated, "If my recollection serves me right, I think that the majority of the Commission were siding with OPTION 2, because it would alleviate the - financial burden on the citizens." Commissioner BlaKesaid,.'~There. are.somejssuesjn.herc_thaLaren'.t covered, that aren't listed, specifically reclaimed, the metering question and where we are." Mr. Lockcuff explained, "I just didn't know when you wanted to address it. Do you want to set a Workshop, or do you want to discuss it at a Regular Meeting -- those issues?" Commissioner Blake stated, "I don't have a problem with discussing it at a Regular Meeting Mayor, but I think we need to look at - all three (3) sides of this issue at one time, that being the freshwater or potable water, the wastewater, and the reclaimed water - there are some huge questions out there." Further, Commissioner Blake stated, "I am well in favor of bringing this back on our next Agenda - or the one after is what I meant to say." Mr. Lockcuff stated, "We can bring it back on April 22nd - that would be fine - as a Regular Agenda Item." "I MAKE A MOTION THAT - WE PUT IT ON THE AGENDA FOR EACH - ALL THREE (3) ISSUES - POTABLE WATER, WASTEWATER, AND RECLAIMED WATER, ON THE APRIL 22ND AGENDA." COMMISSIONER BLAKE ADDED, "AND STORMWATER - CHANGE TO THE MOTION - IT'S ALL FOUR (4) ISSUES INCLUDING STORMW ATER TOO.'.' MOTION BY CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 7 OF 23 COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR J. Community Development Department Requests The City Commission Consider Amending Regulations Affecting Accessory Buildings. {t~~.-'. ~.. 1\,."."" . ,',~ '-=41 ~~.'1'_ 6e..".~";!l'L>IIl t,;"..",.~ ....~ I.... ~i.~~t;I 1:.<.;'';;''''' ~:;:~~ G~~ ~~ ~ tt= Brief discussion. Tape 1/Side B Commissioner Blake stated, "Point of Order" and suggested that a .Motion could be made to waive the rules. "MAYOR, I WOULD .BE MORE. THAN HAPPY TO MAKE A MOTION TO WAIVE THE RULE." MOTION BY COMMISSIONER McLEOD.. MOTION DIED FOR LACK OF A SECOND. Discussion followed on the rules, and consistency. Mr. Carrington addressed the Commission on this Agenda Item. City Manager Ronald W. McLemore stated that "If we are going to do this it should be a conditional use where at least the neighbors have an opportunity to look at what the plan is and see if that is something that they would want to object to you about. Another thing that we need to be careful of here is some consistency of architecture." Commissioner Blake said, "Charles [Carrington], do we know how many of these detached buildings we currently have in the City that are - I guess they would be non- conforming uses, even though they probably went up, even after the Code said they couldn't?" Furthermore, Commissioner Blake asked, "Does the Code need work in this area over and above this - request?" Mr. Carrington stated, "Absolutely." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2.2002 PAGE 8 OF 23 Deputy Mayor Gennell stated, "At the very least I would think we would want to make it a conditional use where there is an opportunity for neighbors to come in and express if they are not happy with it - and the reverse, if they are totally in agreeme:nt with it." Commissioner Martinez suggested, "You have to make sure the City Attorney crafts an Ordinance that stipulates under which conditions you can build a garage or a separate building on your property." Further Commissioner Martinez said, "There are many things that we can do without sitting here up here as Judges and Jury and denying the property owner the right to build a garage on their property." Discussion. Mr. John Baker, AICP, Current Planning Coordinator Community Development Department presented some sketches of different zoning situations involving a 2400 square foot house and respective setbacks. Commissioner McLeod said that a "Truer way to look at it is what does the Code's minimum say and apply that the - buildable area, because now you are looking at what your Code really says." Additionally, Commissioner McLeod suggested that "I would like to see it brought back to us with these type graphics but with the minimum requirement and then also showing - a dotted in - possibly a 24 x 24 garage on the lot." With discussion;-Mr;. Carrington-said ~"If in. fact the Commission. feels .that the Code, the. way it is worded today, is creating problems for the residents of Wintc~r Springs, then I would strongly suggest that we simply amend the Code "to allow detached garages on lots of one (1) acre or more." Manager McLemore added, "I think we can get at this again from some criteria that says, Based upon this criteria you could do this - it's got something to do with lot size and building size, we know that. Where that magic line is I don't know, and with some specific requirements, again like architectural consistency - if you are going to do this, maybe we need a larger than usual setback where you have existing buildings." Commissioner McLeod said, "I think that we should at least take a look at this - of probably a half, maybe three-quarter acre piece of property; I think one (1) acre you are getting out there a pretty large piece of property, to go ahead and amend our Code to give us the three-quarter and perhaps with conditional, but I have a problem with conditional." Commissioner McLeod further spoke of his concern with someone being restricted from building, based on a neighbor's input. . :d t~... .,~. .~ b<~~1:I ~ ~ ~ . t:::f CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, ~002 PAGE 9 OF 23 Furthermore, Commissioner McLeod stated, "I would like to direct you Ron to go back and take a look this thing as basically as your Amendment (3) where you are suggesting (3) here, but I would suggest that you lower this to perhaps three-quarters of an acre. I think your one (1) acre is stretching it." Manager McLemore added, "Do we have the freedom to put some new ideas on paper, along with that?" Commissioner McLeod said, "Always." Mayor Partyka inquired, "Is it worthwhile to end this discussion at this point and have the City Manager bring different things so we can all discuss it again with a little bit more information?" Commissioner McLeod said, "I would be willing to do that but I would like to see it back on our Agenda at least within the next two (2) Meetings." Manager McLemore stated, "Absolutely." Commissioner Blake agreed with what had been said. Deputy Mayor Gennell said, "I think we can get some information as to what other cities do in this regard and what the Planning Association - what their recommended guidelines are and bring that all into consideration." REGULAR K. Community Development Department Requests The City Commission Receive Information About Boat DOlcks. Commissioner Martinez stated, "At the last Meeting, I requested this Item be postponed to April 8th when Commissioner Miller. will. be. back, . because. he. wanted to participate .,." he has shown an interest in participating in this issue, and I was told I would have to wait until it came back under it's sequence, under the Regular Agenda, before I could request this here." Mayor Partyka stated, "I believe I remember that, so we'll just discuss this on April 8th." With further discussion, it was suggested that this should not have been listed on this Agenda, and why could this not have been handled under Agenda Changes - to which Mayor Partyka stated, "We'll make sure we try to remember those kind of things, okay." 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. liF'~ .. . ....~~ .~ :,,~ f~, ~~~i:;: k..~. \..~ . ..-,=.. '......... ~: ):;i' ~~".;;I ~~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRlL 2, 2002 PAGE 10 OF 23 Commissioner Martinez said, "Let's go back to the Country Club until the Town Center opens up and we will have more diversity and we can pick other places that we can go to." Deputy Mayor Gennell stated, "Sometime in June, and using the Senior Center. That's my suggestion." Tape 2/Side A Deputy Mayor Gennell spoke about the Tuscawilla Country Club and said that if the event was held there, could "We be assured of not having a competing event in an adjoining room!" Members of the Commission agreed with Deputy Mayor Gennell's comments. With discussion on possible dates, the consensus of the Commission was to hold this event on Jun.e 7th, 2002 at the Tuscawilla Country Club. Mayor Partyka advised the City Clerk to "Make that call first thing in the morning!" REGULAR N. Office Of The City Manager Recommending Commission Approval Of Resolution 2002-16 Creating The Paw Park Advisory Committee. Manager McLemore advised the Commission of his latest discussions with the County on this issue and stated, "Part of their recommendation was that before anything at all would happen on this property or before they would enter into any agreements with us they need to go through a Master Planning process to this property, the layout, the areas that they desire to sell, those areas which would be preserved or conserved (where nothing can be built on), and then have some idea of how the park areas would be used prior to agreeing that we could use those areas." Manager McLemore further suggested that this process could take the County ninety (90) days to possibly six (6) months, and added, "They have said that we could be involved in that planning process along with them, that we wouldn't have to wait for six (6) months until we are able to give some input as to what we would like to see happen there." Additionally, Manager McLemore informed the City Commission that, "As part of the report back to you, we need to see the footprint of the park on the property." Further, Manager McLemore stated, ~'So we are somewhat delayed by actions that they are going to take, but I don't know why we couldn't go ahead and get this committee started and start working on rules and regs and budgets, and those kind of things, but the footprint is probably going to be delayed for a little while - so the July date is probably not a realistic date that I had included in here - maybe we should extend that out for a while longer." (F~ r;..:~ i?l~:~~:,~4 [f;f:: ,>,Z~.~_ :--..".,..~ b': .::;~.,~ '.....id ~;d ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2,2002 PAGE II OF 23 Commissioner McLeod suggested that a temporary location be set up and suggested the lower section on the west side of the rest room at Central Winds Park be used or the amphitheater area - "This side of the lake, at the lower end." The latter suggestion seemed to be a suitable temporary location as this site was used less than the previous suggested area. As for a temporary site, Commissioner McLeod suggested, "Wouldn't it also help to define some of your problems so when you - had the permanent place, you've now gotten through your problems and you understood what they were." Deputy Mayor Gennell said "The 'Paw Park' Committee should go forward and be formed." Deputy Mayor Gennell added, "I am not in favor doing something temporary." "I MAKE A MOTION TO APPROVE THIS ITEM 'A' AND PROCEED - WITH THE EXCEPTION OF WHERE IT SAYS 'SCHEDULE' THAT THE MANAGER SAYS IT IS ANTICIPATED THAT THE COMMITTEE WORK WILL BE COMPLETED BY JULY 1sT, THAT THAT BE STRUCK, BASED ON HIS COMMENTS." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. ATTORNEY GARGANESE POINTED OUT THAT "THE ADOPTED DATE OF OCTOBER 22, 2002 IS OBVIOUSLY WRONG." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: AS THE "PAW PARK" HAD NOW OFFICIALLY BEEN FORMED, THE FOLLOWING APPOINTMENTS TO THE "PAW PARK" NEXT TOOK PLACE, AS DOCUMENTED. .:. .:. DEPUTY MAYOR GENNELL NOMINATED ANNE PENNINGTON. MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION VOTE: COMMISSIONER BLAKF;: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ~ \a._..,~';j ~._;;:"It.\1ll ~,~~ ~::~~ f."...1'i,~.."'"iJI ;&,.;101 b "''t:1J = ~ = '-' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 12 OF 23 COMMISSIONER McLEOD NOMINATED GENE LEIN. S][.CONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. MAYOR PARTYKA NOMINATED BOB RUCCI. COMMISSIONER McLEOD BLAKE. DISCUSSION. SECONDED BY VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. rY.C.~ ,.~ ..,d] e,:.,~j;~ .-.....~ '.,.fJ!1J i."":;I ''''''.'''~ $.-.,. ., '.'rsJI (0'... .., .'_..V~ ~t:~O$4l L~ It::I Commissioner Blake inquired, "There are six (6) people. Three (3) of them have to be dog owners with an interest in using the facility after it's completed; one (1) of them has to be a person with knowledge of the development and operations of dog parks; one (1) has to be a Vet, and the other has to be a dog trainer. Which slots have we filled, and what method did we use to determine which slots that we fill?" Deputy Mayor Gennell stated that "I have a dog owner." Commissioner McLeod stated, "Mine is a dog owner and he plans to use the park." Mayor Partyka statl~d, "Bob Rucci is - aware of the plans." Commissioner Blake asked, "So he is the person with knowledge of the development and operations of dog parks?" Mayor Partyka stated, "Yes." Mayor Partyka called a break at 8:29 p.m. Mayor Partyka called the Meeting back to order at 8:45 p.m. ADD-ON REGULAR O. Office Of The City MaIfager Requesting The City Commission To Authorize The City Manager To Execute An Amendment To The Development Agreement With CHc Development Co., Inc. Allowing For A Change In The Distribution Of Two Story Units. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2. 2002 PAGE 13 OF 23 Manager McLemore introduced this topic for discussion and stated "I am asking you to allow me to get with the Attorney - just a simple amendment to the agreement which would allow the swap of the two (2) parcels." Commissioner Martinez and Commissioner Blake spoke of their concerns with this. Commissioner Blake stated, "I hope that we are taking the steps both in-house and in our communications with the developer, that would be Morrison, to make sure that everybody is very clear on what the intent of the agreement is. Secondly, I would like to make sure that in the future when we have agreements that are somewhat different than a standard type, Zoning type agreement that it is very clear to our Staff that it requires special handling and that there are different issues that go along with the approval of something that is bargained out through a developer's agreement - to make sure we don't have this happen again." Manager McLemore stated, "Sure." "MOTION TO APPROVE - STAFF'S RECOMMENDATION WHICH IS TO APPROVE. THE AMENDED DEVELOPER'S AGREEMENT AS STATED, WHICH DOES NOT APPROVE ANY REQUEST FOR ANY OTHER CHANGE IN MIXTURE. ALL IT DOES IS APPROVE THE AMENDED HEVELOPER'S AGREEMENT AS PRESENTED." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION FOLLOWED ON ONE (1) AND TWO (2) STORY STRUCTURES AND WHERE SUCH WERE PERMITTED. REGARDING THIS, COMMISSIONER McLEOD STATED, "AT ONE TIME ORIGINALLY, THEY WERE WANTING TO HAVE ONE (1) STORY'S UP AT THE FRONT, WHERE NOW WE ARE ALLOWING THEM TO HAVE THAT ONE (1) STORY. SO AS FAR AS I AM CONCERNED - CUT IT OFF AND TAKE IT ON UP." MANAGER McLEMORE SAID, "IF THAT IS YOUR DIRECTION." ~:,~~ /:j. :;;='ft f'..'.,'l....:~ f'. :;'::':-G ."..::.: ..;;a3. P ,.,,:".,:, i\o, i!' ":":,1o,,~JI!tI ."l'rIJIP &;.....,,;,"tUlIlI ~~-.,~~~ (;.'''..' .lI-.._ ~1fI13IIJI ~ ~ VOTE: COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY MAYOR PARTYKA: AYE MOTION CARRIED. VII. INFORMATIONAL (NEW ITEM FOR THIS AGENDA) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 14 OF 23 ADD-ON INFORMATIONAL A. Community Development Department Requests The City Commission Be Informed About The Location Of An Eagle's Nest In The Town Center. Mr. Carrington addressed the Commission on the Agenda Item. Discussion. Commissioner McLeod informed the Commission and Mr. Carrington on the related regulations, and offered to fax information tomorrow to Mr. Carrington. Discussion. Tape 2/Side B Attorney Garganese said, "Further investigation is needed and warranted. There are provisions under the Bald Eagle Act where you can get recommendations from the U.S. Fish and Wildlife Service for development purposes and that recommendation serves as a safe harbor from potential liability." Attorney Garganese stated further, "We need to be contacting some of the people here - we just need to get more information and bring it back to the Commission." Mayor Partyka stated, "I need a Motion to accept this Information Item." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. VIII. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR A. Office Of The City Manager Requesting The City Commission To Consider Credit Enhancemelllt Measures For The Wyman Fields Housing Project. ~ &.~ ft~ t~,. :'v::I ~~~ ct~~ [L~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2,2002 PAGE 15 OF 23 Ms. Louise Frangoul, Finance Department Director advised the City Commission on this issue and what alternatives were possible. Discussion. Manager McLemore stated, "The question is do we want to take another nine hundred some odd thousand dollars - as a security measure, when we can probably accomplish that much security by amending our second mortgage to include some reeeivables that are due plus the two (2) units." Commissioner Martinez stated that he would prefer the City Manager to make a recommendation and added, "I think we have to exercise caution and make sure that we don't just squander the tax payer's money." Commissioner Blake stated, "I would feel very uncomfortable Commissioners putting another million dollars at risk on this project." ."1 WOULD ACCEPT THE MANAGERS RECOMMENDATION TO RETAIN OUR CURRENT ARRANGEMENT IN TERMS OF REPAYMENT. SECONDLY TO GO FORWARD AND ATTAIN AN INTEREST IN THE THIRTY THOUSAND DOLLARS ($30,000.00) THAT'S OWED WYMAN FIELDS FROM THE COUNTY - I UNDERSTAND THAT IS BEING WITHHELD UNTIL THE FINAL UNIT - HOLD THE THIRTY THOUSAND ($30,000.00) IN ESCROW PENDING OUTCOME - AS WELL AS AN INTEREST IN THE OTHER TWO (2) PROPERTIES WYMAN FIELDS OWNS OVER ON LORI ANNE LANE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER MARTINEZ COMMENTED ABOUT SOMJE REAL TORS THAT HE HAD CONTACTED REGARDING THIS MATTERA MANAGER McLEMORE STATED, "I CAN GIVE YOU SOME INFORMATION ON THAT." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. ~~ ,~\~ ftj~ r;.;;....~ " 4.~: l~ "'~5CI r.;;.,.,...",...., ca-::~ €t::.':..' ~, .1....>tJSl1l ~...... rL~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 16 OF 23 REGULAR B. Office Of The City Manager Requests That The City Commission Consider Development AlterDlatives For The Nursery Road Tract. Manager McLemore gave a brief overview of some of the problems associated with this issue, and what solutions could be possible. Discussion ensued on the "Retention pond area" and possible fencing such as black vinyl fencing. Commissioner Blake said, "I don't like this and I will not vote for this. I think 'Attachment B.' does everything we talked about, does everything we agreed upon, and matches I think fairly closely if not exactly, what we agreed upon and agreed to work out." Ms. Cindy Slack, 1220 George Street, Winter Springs, Florida: spoke on a transition area; and her concern with adding residential to this area. Attachment "B." was reviewed in terms of the parcel, the retention ponds, buffers, a wall, and where would parking be situated. Commissioner Blake stated, "I don't want to take the ownership of the stormwater system. Tape 3/Side A Further, Commissioner Blake stated, "Ron [McLemore], you can either move the commercial back into the residential, or you can move the residential out towards the commercial, and better define what the area is, so you can move the line either way. I tend to think that for the current land owners, the people who are therle, the residential land owners, that their interests are best protected if you move the residential line, not move the commercial line." Commissioner Blake added, "Don't forget, that property right there is not under a commercial land use or commercial zoning." With further discussion, Commissioner Blake stated, "I'll go back on the residential thing and say okay, if that doesn't work, then that plan right there with the City not owning any property and the City not providing any funds for water, sewer and an additional buffer on the north side where the residential uses are - and I would vote for that." Manager McLemore added, "We could by a Development Agreement have him own the property - but that's a legal problem." ~ ~ ~ ~ ~ ~ t:;:j CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE I70F23 Mr. Phil Reece, 681 Virginia Drive, Winter Park, Florida: addressed the Commission on his property, and spoke of water being provided by the City of Lon~;vood and that a sewer line was in the works. Commissioner McLeod gave the City Manager a sketch of what Commissioner Blake had suggested earlier and this was shown to those present. Commissioner McLeod suggested that Commissioner Blake's concept involved extending "The wall around, put the retention pond area in an 'L' shape situation and put it all on to yom property. The retainage requirements would still be the same, it would just narrow it up. It would probably give you additional room to put a second row of buildings back there, at least one up against the ponds, so you didn't really lose any buildings." Commissioner McLeod further spoke of his concern with who would own the retention pond. Mr. Reece then said, "Lot 4, the comer lot up there, he's already got over a hundred feet (l00') which is directly adjacent to C-3 property. Would you suggest he have anything more than a masonry wall on the back side?" Commissioner McLeod stated, "A wall would be fine with me." Mayor Partyka said, "I'm am just trying to get feedback from things. You know, you are sitting there and you've really never said, 'Yes, I like it; or I don't like it, or I can't do it,' so I am just trying to understand." Mr. Reece responded, "I didn't say I couldn't do it." Commissioner Blake asked about the City's plans for water and sewer for this area. Manager McLemore stated, "I think the recent action of the City of Longwood is causing us to do a significantamount of analysis_right now.wliichwe'll.probably.be_talking_to you about, very soon." Commissioner Blake specifically asked, "Do we need to know this information to make that part of this decision?" Manager McLemore stated, "I think the concern you had that the City not put any money into this and if tha.t's off the Table then, this would either be donated as a park, he could retain property of it, maybe we could put some kind of conservation easement over it or whatever - but he could retain ownership of it, ifhe would rather do that." Further, Manager McLemore explained, "I think the question of the water and sewer - we can take off the Table and say it's either going to be provided to him by the City of Winter Springs at his cost, or by Longwood." Commissioner Blake spoke of his concern with a lack of information. Deputy Mayor Gennell stated, "I share the concerns with trying to put any residential in there." Further, Deputy Mayor Gennell said, "I am also uncomfortable with us owning the pond because I perceive there to be some run-off in there of hazardous materials." Deputy Mayor Gennell added that she was quite pleased with the proposed buffering; and referred to the sketch by Commissioner McLeod and stated, "I could live with either one ~ ~2 ~ ~"'d ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 18 OF 23 to tell you the truth. The wall could be around it, and either shape for me would suit me - but I would rather see Mr. Reece maintain ownership and maintenance of the pond. But, I am overall pleased. I know there's limits and there are things I would rather see. I discussed with Mr. Reece, I would love to see some landscaping where that red line is and if there is any way in the second phase to incorporate something into the second phase where you dress that up a little." Next, Deputy Mayor Gennell said that she liked the two (2) green buffers, "So I would be happy if the City takes ownership of the south portion and if he keeps the wetland at the pond." Commissioner McLeod stated, "Ron [McLemore], I personally would like to see - our City water and sewer through this piece of property. I would be willing to put a limit of 'x' dollars, put $20,000.00 that you requested as our limit of contribution toward that, as Mr. Reece would again be looking to get his commercial property and also his donation of that one (1) little pocket park, so I would be very much in favor seeing us bring our water and water through that area." Manager McLemore stated, "We will have that discussion with you on a larger issue, probably I don't know if we can make the next Commission meeting but the one after that, so you have a better understanding." Fencing of the retention pond was next discussed, along with a suggested block wall, and liability associated with the retention pond. Commissioner McLeod stated, "I don't care which side of the pond the wall is on, I just think from an aesthetics standpoint, in the long run the neighbors may be better offwith a wall than with a non-maintained pond." Commissioner Blake said to Manager McLemore, "I would really like to know more about the water situation before we go forward on some agreement with that. The 'L' shaped sort of buffer area or retention area that Commissioner McLeod drew works fine for me. One question I would have on that, would you consider or have you considered or thought about making it a deeper pond, thus making it even smaller, in terms of the land area." Commissioner Blake then stated, "My recommendation would be to work it out and bring it back to us in its final form, based on our conversations." Manager McLemore stated, "Something similar to this?" Commissioner Blake added, "The real question depends on what we are talking about with the water issue and until you can get back to us, I don't know what to say - there's just not the information available." Commissioner Blake then explained, "If we have a purpose for those lines to extend beyond Mr. Reece's property and we can show that there is some return on our investment - or at least a return of our investment on that, then I tliink there is room there to have a discussion; but, if it's a matter of spending whether it's fifteen (15), twenty (20) I've heard or forty (40) - I have read - thousand dollars to extend lines to this one parcel or this one property owner - the whole complex, then I feel differently about that than if I we are going nlrther all the way ~ ~ ~~1:J ~ ~ ~ t=1 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 19 OF 23 up 17-92 to loop it in with Shepard Road." Further, Commissioner Blake said, "And if there are some other issues with what is going on on 17-92, then we need to be aware of that also." Manager McLemore added, "We can come back to all of that when we meet again, but I think we have got good direction." Commissioner Blake reiterated, "I still would not want to own the retention area." "MY MOTION WOULD THAT THE CITY WOULD NOT OWN THE AREA WHERE THE RETENTION AREA IS AND WOULD OWN THE PARCEL ON THE SOUTH - THE OTHER SIDE OF NURSERY ROAD - THE, SOUTH SIDE OF NURSERY ROAD." MOTION BY COMMISSIONER BLAKE. COMMISSIONER McLEOD ASKED FOR CLARIFICATION ON THE MOTION AND STATED, "WE DO NOT OWN NOR MAINTAIN THE POND." MAYOR PARTYKA ADDED, "...THE ENTIRE PIECE." COMMISSIONER McLEOD CONTINUED, "...HOWEVER, WE WOULD OWN AND MAINTAIN THE ONE ACROSS." COMMISSIONER BLAKE STATED, "THAT'S CORRECT." SECONDED BY COMMISSIONER McLEOD. DISCUSSION. DEPUTY MAYOR GENNELL SAID, "I WILL SUPPORT THIS MOTION TONIGHT BUT I WOULDN'T CLOSE THE DOOR ENTIRELY IF SOMETHING THAT THE CITY MANAGER AND MR. REECE DEVELOPS IN THE MEANTIME THAT THEY NEED TO BRING IT BACK TO US FOR FURTHER CONSIDERATION:"- -- VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. Mayor Partyka stated, "Does this mean then you need to go back, kind of re-size and re- do things and then come back?" Manager McLemore responded. "Yes. If we are not going to require some kind of green space buffer out here - we certainly would want the wall to go all the way over there." Tape 3/Side B Commissioner Blake said, l'l didn't hear anybody say that there would not be the requirement for a green space buffer between the project and the residential area - the only thing the Motion said was we would own it - the ownership and maintenance would be the responsibility of Mr. Reece or his company." Manager McLemon~ stated, "Okay." ~ ~ ~ ~ ~ = 't:::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 20 OF 23 Manager McLemore added, "The green space buffer in my eyes would have to be required." Mayor Partyka said, "Perhaps - next time, City Manager, on this issue, have Mr. Reece - , A' on the Agenda." REGULAR C. Office Of The City Clerk Requests That Deputy Mayor Cindy Gennell Make An Appointment To The Board Of Adjustment To Replace Board Member Sally McGinnis Who Has Resigned, And Has Been Appointed To The Planning And Zoning Board/Local Planning Agency. DEPUTY MAYOR GENNELL NOMINATED MR. JOHN HERBERT. MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM: WAS AGAIN DISCUSSED, AS DOCUMENTED. .:..:. VI. REGULAR (CONTINUED FROM THE MARCH 25, 2002 REGULAR MEETING) REGULAR E. Community Development Department Requests The City Commission Consider Adopting The Proposed Capital Improvements Program. "I MAKE A MOTION TO TAKE THE CAPITAL IMPROVEMENTS PLAN OFF THE TABLE - REGULAR ITEM 'E.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. :a ~ ~ ~ ~ ~ = CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 21 OF 23 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner Blake stated, "I thought we had discussed the Police Department Item for the build-out of the area - police headquarters expansion to move that up to a current year expenditure?" Commissioner McLeod stated, "I would agree to that - still." Mr. McDonald briefly referred to the Minutes from the Workshop and stated, "In the Minutes, it was suggested that a cost estimate be prepared, preliminary plan be also prepared and be brought back to the Commission." Commissioner Blake added, "They were supposed to be moving on that, which was all part of that expenditure." The net result was stated by Commissioner Blake who said, "On page VI-2, the first line, 'Police Headquarters Expansion' Impact Fees - $165,000 moves from FY 03 into FY 02." ~ "'--- "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE CITY OF WINTER SPRINGS COMP~HENSIVE PLAN, THE ELEID::NT OF THE CAPITAL IMPROVEMENT PLAN, FIVE (5) YEAR PLAN, AS REQUIRED BY ORDINANCE." MOTION BY COMMISSIONER BLAKE. Sl8:CONDED BY COMMISSIONER McLEOD. DISCUSSION. ..........--~ ~ ~ - ~ ;g ~ e VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .... x. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY ~ COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2,2002 PAGE 22 OF 23 Mayor Partyka adjourned the Meeting at 10:49 p.m. .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED AT THIS MEETING. .:..:. IX. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces ---- --- .........,--- ~ a::::::::::::- - .... ~~ REPORTS D. Commission Seat One - Robert S. Miller - '4tiii ~ ~ ij REPORTS E. Commission Seat Two - Michael S. Blake REPORTS F. Commission Seat Three - Edward Martinez, Jr. REPORTS G. Commission Seat FourlDeputy 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: PAUL P. PARTYKA MAYOR NOTE: These Minutes were approved at the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 2, 2002 PAGE 23 OF 23 , 2002 Regular City Commission Meeting. ~ ~ ::a ~ ~