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HomeMy WebLinkAbout_1997 06 23 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION JUNE 23,1997 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. ') ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David McLeod, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present Michael Blake, present John Langellotti, present Cindy Gennell, present Scout Bradley Barcus led the Commission in the Pledge of Allegiance. Mayor Partyka announced Agenda Changes: Regular Agenda Item "c" will be moved ahead of Public Input. Regular Agenda Item "G" is tabled at the request of the petitioner. Regular Agenda Item "J" will be moved to the first item heard on the Regular Agenda. Also, Mayor Partyka announced that after the Public Input there will be recognition of a few people. Approval of Minutes of June 9. 1997: Motion was made by Commissioner Langellotti to approve the Minutes of June 9, 1997. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner GenneU: aye; Commissioner McLeod: aye. Motion passes. Parks and Recreation Department C. Requests the Commission accept the logo rendering recommended to them by the Trails and Bikeways Task Force as the official logo for the Winter Springs portion of the Florida National Scenic Trail/Cross Seminole Trail and honor Bradley Barcus for winning the contest held among Indian Trails Middle School students and honor Rebecca Thomas as runner-up. PURPOSE: to recognize the logo as presented as official logo to be used for promotional purposes as the trail becomes reality and to use such logo on signs. mile markers and public relations material: Mayor Partyka presented the First Place Winner Bradley Barcus and Runner Up Rebecca Thomas for the contest for the Trail and Bikeways logo for Winter Springs. II. PUBLIC INPUT Joanne Krebs, 1002 Taproot Drive, urged the Commission to approve Consent Agenda Item "E". Ms. Krebs also mentioned that the Parks Brochure was very nice. Harold Scott, 911 Augusta National Boulevard, spoke regarding Regular Agenda Item "E" and asked that the item be tabled but consider it for Public Input. Mr. Scott also submitted a paper to the City Attorney regarding a possible legal technicality on the advertising of this ordinance. Reeular Meetine Citv Commission June 23. 1997 96-97-17 Paee 2 Mayor Partyka recognized City employees Tracy Baker and Angel Belen and read a memo from Police Chief Kerr dated June 23, 1997, which stated: "On June 23, 1997, the Police Department received a call that a burgular had run from 1011 Antelope Trail. The Officer arrived and was met by Tracy D. Baker and Angel Belen, from Public Works. Tracy told Officers that the subject had ran between two houses and Angel had gone to get help. While Officers were searching the area, Tracy found the subject and held him until Officers made the arrest. It is through efforts of all Departments working together that enable us to make a safer community in the City of Winter Springs. I would like to extend my thanks to Tracy Baker and Agell Belen for a job well done". Mayor Partyka thanked Mr. Baker and Mr. Belen from himself and the Commission. Manager McLemore introduced the new Community Development Director Mr. Charles Carrington and his wife Nancy to the Mayor and Commission and stated that he will start work in mid-July. Mr. Carrington stated that he looks forward to working with Manager McLemore and the City Staff and Commission. Mayor Partyka said welcome to Mr. Carrington on behalf of the Commission. Mayor Partyka read a letter from Adam Umak thanking the Mayor and Commission for helping on his Eagle Service Project to collect and honorably retire American Flags. Attorney Krupenbacher stated that the City is doing a refinancing of some Bonds, and said the Commission needs to select Bond Concil and said the City's Financial Advisor, and himself and Staff recommend Michael Williams of Carlton Fields. Mr. Williams has worked on the City's prior bond fianancing and understands the original deal. Motion was by Commissioner Blake to approve the hiring of Michael Williams for the City's Bond Council. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commisisoner Conniff: aye. Motion passes. REGULAR AGENDA A. St. John's River Water Management District presenting the Local Government Water Resource Atlas. PURPOSE: to allow the St. Johns River Water Management District to present the Local Governments Water Resource Atlas to the Commission and give a brief presentation: Nancy Christman, St. Johns River Water Management District's Intergovernmental Coordinator, gave a brief presentation of Seminole County's Local Government Water Resource Atlas. Ms. Christman also stated that she is leaving two copies of a video called "This Old Pond" and said this is a fifteen minute video that is meant for citizens to learn how to maintain their retention ponds. Ms. Christman said the videos can be useful for Staff in going to Homeowners Association Groups or for citizens to use at their own meetings. Ms. Christman also mentioned the American Heritage River Program which is a new initiate by President Clinton to name ten rivers, this year, as American Heritage Rivers. Ms. Christman said the Program is looking at several factors: environmental factors, economical development programs, historical, cultural - any way that the River is vital to the life of the citizens who live near the River. Ms. Christman said they are having a meeting on Wednesday night (6-25- 97) and said she has invited the Mayor and Commission to attend and provide input on the program. Reeular Meetine Citv Commission June 23.1997 96-97-17 Paee 3 Ms. Christman also stated that she has given the Commission a draft Resolution regarding supporting the program and said they think the resolution would provide Federal assistance and funding for areas where the River has been designated and said they are hoping to designate the whole St. John's River, which covers many Counties. And stated they are hoping that that will bring Federal dollars and assistance for programs both at the local government and district and State level for projects that may benefit the River or enhance economic development along the River. Ms. Christman said they are looking at the Cities as partners to help them determine what is important to that aspect of the River that is important to each City. Mayor Partyka commented that former Mayor Kulbes, former Mayor John Bush, and former Commissioner Art Hoffmann were present. ID. CONSENT AGENDA Land Development A. Requesting approval to extend an existing lease on property located at the entry to Central Winds Park (a.k.a. Wagner's Curve) and reaffirming that the Vested Rights Special use Permit expiration date. PURPOSE: to request Commission approval to extend an existing lease on property located at t\1e entry to Central Winds Park (a.k.a. Wagner's Curve) to July 21, 1998, and reaffirming that the Vested Rights Special Use Permit expiration date is July 21, 1998. Parks and Recreation Department B. Requests the Commission accept the low bid of $22, 649.00 from Advantage Courts, Inc. for the reconstruction of two (2) tennis courts at Trotwood Park and authorize the City Manager to enter into contract for said services. PURPOSE: to recognize the low bid, i.e., City of Winter Springs bid number 97 -019 and to provide authorization to proceed to contract to complete the reconstruction of Trotwood Park tennis courts. Utility Department C. Requesting authorization to execute Amendment 8 for Consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: to request authorization for the execution of Amendment 8 for the design of a reclaimed water interconnection between the East and West systems with Conklin, Porter & Holmes Engineers, Inc. at a cost of$10,360.00. General Services Department D. Requesting Commission approval of Omnicom Inc.' s out of pocket expenses related to their original scope of services and budget for additional services. PURPOSE: to approve $8,516.69 in out-of-pocket expenses related to performance of the analytical scope of service, and to approve a budget of $21 ,290 for additional services. City Manager E. Requesting Commission approval of the Oak Forest Wall Consultant Report. PURPOSE: to gain formal Commission approval ofG.S.G's Draft Report on the Oak Forest Wall Assessment District establishing preliminary rate structure: Motion was made by Commissioner Conniff to approve the Consent Agenda. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner Reeular Meetine Citv Commission June 23. 1997 96-97-17 Paee 4 McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. IV. INFORMATIONAL AGENDA Land Development Division A. Presenting to the Commission for informational purposes, the site plan for a model home for Tuskawilla Trails Mobile Home Park. Tllis property is located to the south of State Road 434 directly across from City Hall. PURPOSE: to inform the Commission of the proposed Model Home Center (one model only) for Tuskawilla Trails Mobile Home Park: Motion was made by Commissioner Gennell to approve the Informational Agenda. Seconded by Commissioner Conniff. Discussion. Commissioner Blake asked if this will be a permanent structure. Donald LeBlanc, Land Management Specialist, stated that the life span is until the Park is fully developed but they can switch the models out. Commissioner Blake said when the Pari" is built out the model will be moved out and landscaped. Mr. LeBlanc said yes. Commissioner Langellotti asked where will the model be located. Mr. LeBlanc said across the street. Attorney Kruppenbacher asked if there was any reason why the Commission couldn't approve this for some period of time and look at it again at the end of that period. Mr. LeBlanc said in the minutes (in the packet) and in the minutes it was stated that the model can be presented at that location until the community is built out and the model can be replaced on a one for one basis. Discussion on a time limit. Manager McLemore said the purpose of the informational item is not to approve the Site Plan, it is just for infOl'mation; if it is a policy issue we need to bring that up with some recommendations. Attorney Kruppenbacher said he thinks the Commission needs to bring this up to address the policy issue on just how long you are giving models the opportunity to exist in a neighborhood that is developing. It was the consensus of the Commission to bring this subject back as a policy issue. Commissioner McLeod asked if within the next couple of weeks the Commission votes on a policy, could this item be tabled until then and come back before the Commission at that time. Mr. LeBlanc stated that the authority for approval is given to the Site Plan Review Board (in the applicable code) and the Board has basically approved it; we can add a stipulation to it for a time limit if it is the Commission's desire. Commissioner McLeod asked if a time limit could be added a this point. Mr. LeBlanc said he does not believe there would be any objection to that. Manager McLemore said he would like to have the developer agree that this would be subject to whatever future policy the Commission sets. Commissioner McLeod asked that that be put into the letter as part of the approval process and then direct the City Manager and Staff to within 90 days bring back to the Commission a reasonable policy. Mr. LeBlanc said that is fine. Vote on the Motion: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. Reeular Meetine City Commission June 23. 1997 96-97-17 Paee 5 V. REGULAR AGENDA Public Works Department 1. Requesting consideration of modifications to the draft Traffic Circulation Element Update of the Comprehensive Plan. PURPOSE: to request that the Commission consider modifications to the Traffic Circulation Plan update relating to Winter Springs Boulevard and Shore Road based on input received at the May 19. 1997 workshop and subsequent Commission meetings: Kip Lockcuff, Public Works/Utility Director, stated that during the Workshop for the update of the Traffic Circulation Element, there was were two items that were unresolved, the first being four laning of Winter Springs Boulevard and the second being the extension of Shore Road through S.R. 434. Mr. Lockcuff said the basic overview is that on Winter Springs Boulevard the level of service was exceeded in (about) the year 2002 for a two lane collector road; we had proposed a four lane collector road and there was some objection to that. What we are proposing now is a three lane; we provide turning movements at each of the intersections (some intersections all ready have turning movements) that would get the level of service up to about 12,000 vehicles per day, which will meet the level of service through the planning period of 2010. There are three alternatives for the Commission to choose; one is the four lane, the second is do nothing, the third is the turning movements that would provide the level of service "D" through 2010. Our recommendation is to add the three turn lanes to Winter Springs Boulevard in lieu of the four laning originally proposed. The lanes would be eastbound; a left turn lane at the entrance of Glen Eagle onto Wood Duck; another left turn lane at the other end of Wood Duck and the third would be a left turn lane at Little Sparrow Court. Moti Khemlani, Morgan Street, 605 Morgan Street, liaison for the Tuscawilla Homeowners Association, stated he is glad to hear that the four laning of Winter Springs Boulevard is not an option and thanked the City for listening to their concerns. Mr. Khemlani asked for clarification as to where the turn lanes would be. Mr. Lockcuff explained where the turn lanes would be. Wayne Nelson, 1104 Winged Foot Circle, complemented the Commission for the job they are doing and said his recommendation is to leave Winter Springs Boulevard as it is because there is enough traffic going through there now. Motion was made by Commissioner Langellotti to approve Alternate #3 of the Staff's recommendation on Winter Springs Boulevard. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes for Alternative 3. Discussion on the North Shore Road Extension. Mr. Lockcuff said this is a different project because it is not a level of service generated need. It was shown on the 1992 Comprehensive Plan that was adopted, it is in the planning currently from that action, and stated that they recommend it stay in the Plan just from a circulation point. Mr. Lockcuff stated that he has given three alternatives: one is to delete it (deletion does not create any level deficiencies, no monies from the Impact Fee Fund could be used for any portion of that ifit was to be built); the second alternative is to build the road (punch) it through from Shore to the intersection of S.R. 434/419 as a single project; and the third alternative Reeular Meetine Citv Commission June 23.1997 96-97-17 Paee 6 is to phase that, (punch) through in a two phase, either the north half first and the south half at a later time; alternative 3 has the full intent of putting in the road and the City would be eligible to use the Impact Fees for those improvements. Mr. Lockcuff stated that they recommend Alternative #2. Craig Culbreth, 1191 Trotwood Boulevard, Pastor of the First Baptist Church of Winter Springs, and stated that he has been working with Manager McLemore and the Staff to try to develop a piece of property that the Church is trying to purchase to build a church on and said it is their desire to work with the City and build the church with the community in mind. Pastor Culbreth said he is in favor of the extension of Shore Road. Motion was made by Commissioner Conniff to adopt Alternative #2, for a North Shore Road extension. Seconded by Commissioner Langellotti. Discussion. Commissioner McLeod stated he has a problem with Shore Road going through the Ranchlands. Commissioner McLeod said he would be in favor of opening, for development on the northern end, keeping traffic out of the Ranchlands, keeping traffic off of Shore Road it self (as we know Shore Road). Mayor Partyka stated we will have another alternative, Alternative #4 which will be - Phase I of Alternative #3 and eliminate Phase 2. Manager McLemore stated that if that is done he didn't think it would qualify the City for Impact Fee Funding. Commissioner Gennell stated that the purpose of this item is for the Commission to consider modifications to the traffic circulation plan update, and then to Planning and Zoning for consideration and back to the Commission with P&Z's recommendation. Commissioner Gennell asked if it was possible to send this to P&Z with both 2 and 3 under consideration. Commissioner Blake stated that he is opposed to opening the Road and stated that he is concerned with using public funds to build the access roadway to the Church. Manager McLemore stated that options could go to the P&Z Board but would cost more for the consultant as it is out of his scope of work. Vote: Commissioner Gennell: nay; Commissioner Langellotti: aye; Commissioner Blake: nay; Commissioner Conniff: aye; Commissioner McLeod: nay. MOTION FAILS. Motion was made by Commissioner McLeod that the Commission put an extension on S.R. 434, the front portion only and with the possibility of 2010 of opening Phase 2 (the back section). MOTION DIES FOR LACK OF A SECOND. Motion was made by Commissioner Blake to adopt Alternative 1, which deletes Shore Road, which would not place a limitation of service deficiency on the Comprehensive Plan. MOTION DIES FOR LACK OF A SECOND. Motion was made by Commissioner Gennell to. refer to the Planning and Zoning Board an alternative to the three alternative, and that is to do a partial entrance way in that area (partial development of that intersection) with further consideration in the next cycle for the next section, in the year 2009. Seconded by Commissioner McLeod. Discussion. Commissioner Gennell asked if there was a way for this to be funded by Impact Fees. Manager McLemore said with the current motion there is. Vote: Commissioner Conniff: nay; Commissioner Blake: nay; Commissioner Langellotti: nay; Commissioner Gennell: aye; Commissioner McLeod: aye. MOTION FAILS. Reeular Meetine City Commission June 23. 1997 96-97-17 Paee 7 Motion was made by Commissioner Blake to table this item. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: nay; Commissioner Conniff: aye. Motion passes to table this item until the Commission has further clarification on some information. Manager McLemore said he will bring back this in one step and quality it for Impact Fee Funds. The issue of the Road being cut through will be off, it will only be one phase and to quality it for Impact Fee Funds. Commissioner McLeod asked if this would go before the P&Z Board before coming back to the Commission. Manager McLemore said this will be back before the Commission at the next meeting. Commissioner McLeod said he would like to see this go before the P&Z as the President of the Ranchlands Homeowners Association and also a active member of the Homeowners Association sits on the P&Z Board and would like for them to have the opportunity to decide what they would like to see happen within their community. Manager McLemore said if this can be worked on during the week and we can find a way to quality this under Impact Fee Funding, asked ifhe can bring this back to the Commission at the next meeting with that recommendation. The Commission were in agreement. Mayor Partyka called a recess at 7:52 p.m. Mayor Partyka reconvened the Regular Meeting at 8:05 p.m. Mayor Partyka asked the Commission if they would honor a request of a citizen who was present to make public input on the Rails issue and when the agenda was moved the citizen missed is. The Commission were in agreement. Greg Smith, 669 Saranac Drive, spoke about concerns having a trail head at the "Y" section of the trail for the homes along the trail and asked who would maintain and clean up the trail. Mr. Smith also mentioned an eagle's nest. Mr. Smith suggested the trail head at Central Winds Park. Community Development Department B. Requests the Commission to consider approving the First Reading for adoption of Ordinance No. 662, to create a new zoning district "C-3 Flex-Space Commercial". PURPOSE: request the Commission to consider approving the First Reading for adoption of Ordinance No. 662 to create a new zoning district "C-3 Flex-Space Commercial" in Chapter 20 ofthe City's Code of Ordinances as requested by the applicant, R.E. Owen & Associates, for his property known as Excelsior Business Park: Motion was made by Commissioner Langellotti to approve the First Reading of Ordinance 662 and to read by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. 662 by title only. Tom Grimms, Community Development Division, stated that the Staffs view point is that this district Reeular Meetine City Commission June 23. 1997 96-97-17 Paee 8 is not necessary because C-2, general commercial industrial district, does allow warehousing and Staff has review the permitted uses in C-2 district and find that they are compatible and stated an example ofthis on Belle Avenue. Roger Owen, petitioner, spoke on behalf of his request. Mr. Owen described neighboring Cities zoning. Mr. Owen said what he proposed is the flex based zoning with developers requirements; Mr. Owen stated that it would be specified that all the workings would be in the interior of the buildings, the buildings would have brick fronts and would be very attractive and have nice setbacks. Mr. Owen stated that this is a zoning classification that the City of Winter Springs needs to put in this zoning and recommends that the area he would like to develop (Excelsior Parkway) be approved for this purpose. Discussion. Attorney Kruppenbacher will report back at the next meeting with regards to spot zonmg. B.l Requests Commission to consider approving the First Reading for adoption of Ordinance No. 664, to designate a new zoning district "C-3 Flex-Space Commercial" on a 3.79 acre parcel located on the east side of Moss Road 1,360 feet north of S.R. 434, and known as Excelsior Business Park. PURPOSE: to request the Commission to consider approving the First Reading for adoption of Ordinance No. 664 to designate a new zoning district "C-3 Flex-Space Commercial" tallow warehousing, as requested by the applicant, R.E. Owen & Associates, for his property known as Excelsior Business Park Motion was made by Commissioner Blake to table this item subject to the outcome of the Second Reading of Ordinance 662. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner Conniff: aye. Motion passes. Fire Department D. Requesting the City Commission approve the First Reading for adoption of Ordinance No. 663, concerning the continuation of patient transport services that is scheduled to cease on September 30, 1997, as directed and approved by the Commission in Ordinance No. 613. PURPOSE: request that the Commission approve the First Reading for adoption of Ordinance 663 extending the operation of the City"s patient transport service indefinitely, providing for conflicts, severability and effective date: Discussion on this ordinance. Motion was made by Commissioner Blake to approve the First Reading of Ordinance No. 663 and to delete Section n of the Ordinance, referencing the requirement to invite bids or R.F.P.'s Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Gennell: nay; Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner Conniff: aye; Commissioner McLeod: nay. Motion passes. Motion was made by Commissioner Conniff to read Ord. 663 by title only. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Blake: Reeular Meetine Citv Commission June 23. 1997 96-97-17 Paee 9 aye; Commissioner McLeod: nay. One nay vote constitutes the full reading of an ordinance. Attorney Kruppenbacher read Ord. 663 in it's entirety. Parks and Recreation Department C. Requests the Commission accept the logo rendering recommended to them by the Trails and Bikeways Task Force as the official logo for the Winter Springs portion of the Florida National Scenic Trail/Cross Seminole Trail and honor Bradley Barcus for winning the contest held among Indian Trails Middle School students and honor Rebecca Thomas as runner-up. PURPOSE: to recognize the logo as presented as official logo to be used for promotional purposes as the trail becomes reality and to use such logo on signs. mile markers and public relations materials: Mayor Partyka asked for a motion to accept the logo recommended by the Trails and Bikeways Task Force as the official logo for the Winter Springs portion of the Florida National Scenic Trail/Cross Seminole Trail. Motion was made by Commissioner Blake to accept the logo recommended by the Trails and Bikeways Task force. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. Community Development Department E. Requests the Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance No. 645 regulating the siting and construction of Telecommunication Towers within the City. PURPOSE: to request Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance No. 645 regulating the location, construction, and impacts of Telecommunications Towers in the City that will protect the health, safety, and welfare of the residents and businesses in the City: Attorney Kruppenbacher read Ordinance 645 by title only on Second Reading. Attorney Kruppenbacher stated that Mr. Scott had brought up the issue regarding the process utilized to adopt this ordinance regarding certain advertisements. Attorney Kruppenbacher said at the time, if the Commission deems it appropriate to approve this ordinance, he advises the Commission to approve it as follows: "a motion to approve it, subject to authority of the City Attorney and City Manager to conclude that ifin fact everything was advertised appropriately, it would be done, passed and recorded accordingly; if they (manager and attorney) deemed, based upon the research, that an additional second advertised public hearing would be necessary, the motion would be interpreted as a direction to go to the second advertised hearing to comply with that particular section. In addition to that, after the Commission takes action on this, he asks and it is his recommendation that the Mayor add to the agenda Ord. 645-C, which will be a moratorium that we will continue to assure that if we have to go to a second advertised hearing, we keep moratorium in place through that process. Mayor Partyka asked if the Ordinance was advertised correctly. Attorney Kruppenbacher said his initial reading is that the Clerk and the City advertised correctly, however, in deference to Mr. Scott, he can see where this can be read that way and said he has asked Mr. Grimms to look at the issue and Mr. Grimms has given an opinion preliminary but out of an abundance of caution, we will follow up and be careful and if needed we will go through the extra step. Reeular Meetinl! City Commission June 23.1997 96-97-17 Paee 10 Commissioner Blake said he would like to see a map of the location regarding the Ranchland site. Mr. Grimms said the location is approximately 2,000 feet east of the intersection of Shore and Bahama Roads, which was in the interest of the property owners. Commissioner Blake said the change that was made, on page 8 regarding the separation distance between the towers and residential structures; Commissioner Blake said he had a problem with the maximum number of225 feet being in there and asked if it could be rephrased to better reflect what he believes the desires of the community and Commission was and that was to have an increased separation distance which would suggest a minimum of 125 percent of the tower height and said the word maximum and the number offeet doesn't need to be in there. Discussion. Attorney Kruppenbacher said if that change is made that is a substantial change in the Ordinance and will require this Ordinance be advertised again for another Public Hearing. Art Hoffmann, 1436 Mt. Laurel Drive, spoke in regards to the tower separation from residential areas. Elizabeth Gregg, 215 E. Bahama Road, spoke regarding the ordinance and asked that the location of the site for the Ranchland area be more specific. Ms. Gregg asked that the site be described as follows: "at the south east quadrant of site 16, east of the southern retention ponds". Harold Scott, 911 Augusta National Boulevard, spoke regarding the advertising of the Ordinance and about the communication coverage of the towers. Mr. Scott mentioned that he would like to sit down with Staff and go over the Ordinance. Manager McLemore stated that Mr. Scott would be welcome to review the ordinance with Staff . Matthew Danielson, SBA, Inc., Orlando, (Sprint Com, hired SBA, Inc. to represent them) and spoke regarding the ordinance. Attorney Kruppenbacher said if the Commission deems it appropriate to pass the Ordinance in accordance with what he recommended (earlier) coupled with the proposed change by Commissioner Blake, he asks that the Commission to add at the end of Section II "also if any portion is deemed invalid, unlawful or unconstitutional, then a 90 day moratorium on the construction and or erection and or 'location of placement of any telecommunication towers within the City of Winter Springs, Florida:, shall automatically go into effect upon said finding of invalidity, unlawfulness or unconstitutionality to enable the City to properly prepare, consider and enact a new tower ordinance to protect the public's health, safety and welfare". The Commission was in consensus to add the finer definition for the location in the Ranchlands as was suggested by Ms. Gregg. It was also determined that the Ordinance would be advertised again and have a third reading as recommended by the City Attorney because of the changes are deemed substantial. Motion was made by Commissioner Blake to approve and move forward Ord. 645 subject to the determination by Staff and the City Attorney of advertising requirements, subject to a third reading to bring in any substantial changes that were discussed tonight, to include the Reeular Meetine City Commission June 23. 1997 96-97-17 Paee 11 tower location, the separation requirements and the institution of an emergency 90 day Ordinance as described by the City Attorney, to include the potential 90 day moratorium should any portion of this ordinance be found not in compliance with any laws etc., subject to the Attorney's recommendations. Seconded by Commissioner McLeod. Discussion. Mayor Partylm stated that he has several concerns and proposed changes as follows: (1) Site #5, which is a site on 434, we should eliminate down by Vistawilla Road - eliminate it because down the street (going east) Oviedo (he believes) has already permitted a tower and it doesn't seem right that we have another tower, which happens to be in our own City that is going to affect the residential character of that community. Motion was made by Commissioner Conniff to call the motion. Vote: Commissioner Langellotti: aye; Commissioner Blake: nay; Commissioner Conniff: aye; Commissioner McLeod: nay; Commissioner Gennell: nay. Motion fails. Discussion continues. Mayor Partyka said he is suggesting the elimination of Site #5 because it impacts negatively on the people. (2) Mayor Partyka suggests, that in his review of the minimum between towers and residential he thinks it should be firmer (similar to Orange County); Mayor Partyka stated that he feels the minimum should be greater than 225 and similar to what Orange County has done. (3) Mayor Partyka said he still is not clear on the fees that will be charged. Manager McLemore said the rates are negotiable. Mayor Partyka said it seems to him that if we could get the complete needs of the City under a "stealth"condition, why do we want to go into another tower, with our fourth tower, or third tower. Mayor Partyka stated he is not happy with the Industry with the lack of information that we have gotten as a City, in terms of data that support what the projections are, what the growth possibilities are, so whether it is one, two, three, or four towers, he said he has no good data other than the reports he has read that says at best the growth factor ought to be somewhere about two and a half times than what it is now. Mayor Partyka said his suggestion as a Commission, we do not vote for this Ordinance the way it is except the changes he has suggested along with some of the other suggestions. Vote on the Motion made by Commissioner Blake (Motion was made by Commissioner Blake to approve and move forward Ord. 645 subject to the determination by Staff and the City Attorney of advertising requirements, subject to a third reading to bring in any substantial changes that were discussed tonight, to include the tower location, the separation requirements and the institution of an emergency 90 day Ordinance as described by the City Attorney, to include the potential 90 day moratorium should any portion of this ordinance be found not in compliance with any laws etc., subject to the Attorney's recommendations. Seconded by Commissioner McLeod.): Commissioner Conniff: nay; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: nay. Motion passes. Attorney Kruppenbacher asked that the Mayor place on the agenda, to read by title only Ordinance No. 645-C, a moratorium for two reasons: one is that if we need to go to the third reading it would give us ample time and the second is that it is a three two vote and the Mayor does have veto power, so in the event he decides to exercise his veto, we would have a Reeular Meetine City Commission June 23. 1997 96-97-17 Paee 12 moratorium in place during which time we will be dealing with the issue. Motion was made by Commissioner Blake that the Commission finds that we have an emergency situation and enact Emergency Ordinance 645-C, a moratorium for 60 days for telecommunication towers within our City, unless there is no veto and we have a finding that there is no necessity to go to a third reading (if this goes to a third reading and the ordinance is passed, the moratorium would expire after the Commission takes final action) and to read by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. Attorney Kruppenbacher read Ord. 645-C by title only. MA YOR PARTYKA SAID FOR THE RECORD - HE WILL VETO THIS ORDINANCE AND HE WILL HAVE A WRITTEN RESPONSE TO TillS AT THE NEXT COMMISSION MEETING, SUBJECT TO FINDING OUT ADDITIONAL INFORMATION. Motion was made by Commissioner Blake to adopt Emergency Ordinance 645-C. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. General Services Department F. DELETED Community Development Department G. Requests the Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance No. 654, to annex a 9.58 acre parcel located on the south side of State Rod 434, approximately 2,500 feet east of U.S. 17/92. PURPOSE: to request the Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance No. 654 to annex a 9.58 acre parcel. TABLED AT THE REQUEST OF THE PETITIONER. Community Development Department H. Requests the Commission approve the First Reading of Ordinance No. 665 to change the Future Land Use designation ofa 9.58 acre parcel located on the south side of State Road 434 adjacent to Sun Shadow Apartments, spanning approximately 1,000 to 2,000 feet east of U.S. 17/92. PURPOSE: to approve the first reading of Ordinance No. 665 to change the Future Land Use designation of a 9.58 acre parcel from County designation "Planned Development" to City designation "Commercial". CONTINUED TO A FUTURE MEETING. Community Development Department I. Request the Commission to approve the First Reading of Ordinance No. 666 to change the zoning designation ofa 9.58 acre parcel located on the south side of State Road 434 adjacent to Sun Shadow Apartments, spanning approximately 1,000 to 2,000 east of 17/92. PURPOSE: to approve the First Reading of Ordinance No. 666 to change the zoning designation ofa 9.58 acre parcel from County designation "Planned Development" to City designation C-l "Neighborhood Commercial" Reeular Meetine Citv Commission June 23. 1997 96-97-17 Paee 13 CONTINUED TO A FUTURE MEETING. Mayor's Office K. Two appointments for members of the Code Enforcement Board who are appointed at large: Mayor Partyka stated that he would like to have Joanne Krebs appointed to the Code Enforcement Board. Commissioner Blake mentioned that an individual previously had expressed an interest in serving on the Code Enforcement Board and said that he has not talked to this person about this position, the individual currently lives in Oak Forest and is moving to Carrington Woods and his name is Mark Clinch, and said he will contact him and announce this at the next meeting. Motion was made by Commissioner Conniff to approve the appointment of Joanne Krebs to the Code Enforcement Board. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Conniff: aye. Motion passes. VI. REPORTS A. City Attorney - Frank Kruppenbacher Attorney Kruppenbacher said (with no comments are requested from the Commission and no comments are recommended) we received tonight, a FAX from the Attorneys,(reading from the document delivered to him during the Commission meeting of this date) who are the plaintiffs in the lawsuit GATX Golf Capital vs. James R. Mikes, Deborah Mikes, Florida Country Clubs, Sun Coast Country Clubs, State of Florida, Department of Professional Regulation, State of Florida Department of Revenue, etc., it is an amended motion for appointment ofa receiver. Attorney Kruppenbacher said he is reporting this because Mr. Winder asked that he report it to the Commission tonight - in paragraph two of that motion it is represented to the Court that on June 20, 1997, the plaintiff and the defendants James R. Mikes, Deborah A. Hamilton, Florida Country Clubs Inc., SunCoast Country Clubs Inc., and Tuscawilla Land Company, settled and resolved their differences. On June 20, 1997, the principle defendants to this action, executed a waiver and withdrawal of objections and waiver of notice of appointment of receiver by defendants. James R. Mikes, Deborah A. Hamilton, Florida Country Clubs, SunCoast Country Clubs Inc., (waiver attached to the document) waiving and withdrawing all objections. (Paragraph 4) As a result of the settlement between the parties, the defendants James R. Mikes, Deborah A. Hamilton, Florida Country Clubs, Inc, and SunCoast Country Clubs, Inc., will not continue with the act of operation and management of the golf course properties located in Hillsborough County and Seminole County, as a result unless a receiver is appointed the greens and fairways of the golf courses will not be properly maintained further without a receiver no one will properly fertilize etc. Attorney Kruppenbacher said then there is then scheduled for the proposed the appointment of a receiver named Edward R. Mim of Pontre Verde Beach; additionally the attorney for the defendants have stated they have no objection to the court entering an order appointing Mr. Mim as receiver and authorizing the receiver to act in accordance with the order appointing the receiver. Attorney Kruppenbacher said there is a lengthily proposed order where he will basically oversee and deal with all the properties that are subject to the foreclosure being delivered to the receiver. Attorney Kruppenbacher stated that he is reporting that to the Commission as the latest update. Reeular Meetine City Commission June 23.1997 96-97-17 Paee 14 B. City Manager - Ronald W. McLemore Manager McLemore gave the Commission a report from the Director of Purchasing advising that the City made approximately $32,000 in the auction; which is substantially higher than any other auction the City participated in. C. Commission Seat II - Michael Blake No Report. D. Commission Seat III - John Langellotti a. Appointment/Reappointment to Board of Adjustments Commissioner Langellotti said he would like to reappoint Fred Kaltenbach to the Board of Adjustments. Motion was made by Commissioner Conniff to appoint Fred Kaltenbach to the Board of Adjustments. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. E. Commission Seat IV - Cindy Gennell Commissioner Gennell reported that the ground breaking for the pilot project for the Trail would have been the 21st and stated that it was postponed to July 19, 1997, which is a Saturday. Commissioner Gennell also stated she will be at the County Commission speaking to them in support of the 17/92 redevelopment area, it is their final hearing on their Resolution, that is a resolution that this Commission endorsed. Commissioner Gennell asked if she had the Commission's consent she would represent Winter Springs' reaffirmation of our position that we took on that. It was the consensus of the Commission to have Commissioner Gennell represent the City's endorsement. F. Commission Seat V - David McLeod No Report. G. Commission Seat I - Larry Conniff a. Appointment/Reappointment to Board of Adjustment Commissioner Conniff said he would like to reappoint Elizabeth Harrow to the Board of Adjustment. Motion was made by Commissioner Blake to reappoint Elizabeth Harrow to the Board of Adjustment Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner Conniff: aye. Motion passes. Commissioner Conniff requested the Mayor draw up a certificate of appreciation to the City of St. Clare Shores, MI on their Ordinance he brought to the City Manager and the Police Chief is reviewing the Ordinance. Commissioner Conniff stated he will be going there in a few weeks and said he would like to present their City Commission the City of Winter Springs' certificate of appreciation. Mayor Partyka stated yes. Reeular Meetine City Commission June 23. 1997 96-97-17 Paee 15 H. Mayor's Office - Paul P. Partyka Mayor Partyka mentioned the 4th of July party, and invited the Commission to attend the fire works display that starts at 9:00 p.m. on July 4, 1997. The meeting adjourned at 9:30 p.m. Respectfully Submitted, ~;t-~ Margo M. Hopkins, City Clerk APPROVED: /:-