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HomeMy WebLinkAbout_1998 04 27 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION APRIL 27, 1998 The Regular Meeting ofthe 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 Cindy Gennell, present City Manager Ronald W. McLemore, present Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present Mayor Partyka asked if there were any agenda changes. Manager McLemore stated that there are two add-on items. Commissioner Gennell said she would like to comment on Consent Agenda Item E and Informational Agenda Item D. Commissioner Martinez said he would like to comment on Consent Agenda Item A. Commissioner Blake said he would like to have Consent Agenda Item A placed on the Regular Agenda. Discussion. It determined that the Commission will discuss the Items in question and not move them to the Regular Agenda. Mayor Partyka announced that there are new procedures in place and those are: Public Input - the Commission will be taking all Public Input for all agenda items during this time. Mayor Partyka said the reason for that is the Commission felt it would be good to know as much information as early as possible in the meeting; the next new procedure is: the Commission will enact the three minute rule, very firmly, when the "bell" rings the speaker's time is over and urged everyone to stay within the three minute time allotment; the next new procedure is: the Commission will hear any Public Hearing items early in the regular agenda, if there are any comments that have to be made for the people, the people can speak early and then the Commission can make their decision early while there are people still at the meeting. II. PUBLIC INPUT Bruce Bower, 221 Shore Road; spoke on problems with traffic around the Seville Chase subdivision and also stated he has a vehicle count. Manager McLemore stated he would arrange a meeting with Mr. Bower. Commissioner Martinez asked for the vehicle count. George Seely, 211 Birch Terrace; spoke regarding City Manager's evaluation from the recent workshop and said he was astonished that there are no records of individual Commissioner's evaluations. Mr. Seely also spoke regarding problems with previous City Manager Rozansky and was concerned with possible Sunshine violations. Regular Meeting City Commission April 27, 1998 97-98-28 Page 2 III. CONSENT AGENDA Parks and Recreation Department A. Requests the Commission to reduce the amount of funds owed the City by Mountainview Productions for use of Central Winds Park for "Sprinfest 98" from the originally negotiated amount of $5,333.00 to $3,000.00. PURPOSE: to recognize that a service was provided our citizens at little cost to the City and financial proceeds to the vendor were not at the level anticipated. Community Development Department/Planning Division B. Requests the City Commission authorize the Mayor to sign the Intergovernmental Planning Coordination Agreement of 1997 on behalf ofthe City Commission between Seminole County, the School Board of Seminole County and the seven (7) Cities in the County. PURPOSE: to request the City Commission approve the proposed Intergovernmental Planning Coordination Agreement between Seminole County, the School Board of Seminole County and the seven (7) Cities in the County. The general purpose of this Agreement is to establish a framework for coordination, communication and notification of proposed land use actions, to build cooperation between affected local governments and the School Board, to create an opportunity and process to resolve potential disputes, and to serve as an interim step until the County and the Cities adopt joint planning agreements. Specifically, the Agreement would require notification between and among the County, the School Board and the Cities which have mutual borders affected by any voluntary annexation, density changes, rezonings, comprehensive plan changes, and other land use actions prior to official action by affected parties. Public Works Department C. Requesting authorization to execute Amendment 58 for Consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: to request authorization for the execution of Amendment 58 for the design of master systems for Stormwater Management, Water Distribution, Wastewater Collection and Wastewater Transmission for the Winter Springs Town Center with Conklin, Porter & Holmes Engineers, Inc., at a cost of$60,000. City Manager D. Requesting City Commission adopt Resolution No. 845. PURPOSE: to have the City Commission adopt Resolution No. 845 establishing a Safety First Policy. City Manager E. Requesting the City Commission authorize funding in the amount of $2,500 for the Seminole Vision Project. PURPOSE: to request the City Commission to authorize funding in the amount of $2,500 for the Seminole Vision Project. City Clerk F. Approval of Minutes of March 9, 1998 City Manager - ADD-ON G. Is requesting authorization from the City Commission to execute two (2) contract proposals for Regular Meeting City Commission April 27. 1998 97-98-28 Page 3 technical work relating to the Florida Communities Trust P-2000 and the Greenways and Trails grant applications. PURPOSE: to request the Commission to authorize the City Manager to execute contracts with Michael Design Associates and Breedlove, Dennis & Associates for preparation of technical portions of the Florida Communities Trust P-2000 and the Greenways and Trails grant applications (see attachments). Commissioner Martinez stated that the has a correction to the Minutes of March 9, 1998. Commissioner Martinez said on page 7, paragraph 3, the following was omitted (Commissioner Martinez said he stated) "that he (Martinez) was present at both meetings that was referred to and the comments were made and said he added that he did not know whether they were favorable or not favorable, and said he stated that no matter which way they were made, it was not in good taste to be made in public" and said that that statement was left out of the minutes. Discussion. Motion was made by Commissioner Gennell to approve the Consent Agenda Items C and D and Item F (approval of Minutes of 3-9-98 as amended). Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Genne)): aye; Commissioner Miller: aye; Commissioner Martinez: aye. Motion passes. Discussion on Consent Agenda A. Commissioner Martinez stated that he against reducing the amount to be paid to the City. Commissioner McLeod stated that the actual cost was $2,960. Commissioner Martinez said that at the 3-9-98 meeting, Mr. Seal stated that it would cost the City $5,000 in expenditures for equipment and personnel and said he doesn't think the City should give back money that would make the City "short" at least $2,000. Mayor Partyka said for point of clarification and point of factual order - the actual cost is not $5,000, it is $2,960 based on what the City Manager and Staffhas concluded and that is the fact. Commissioner McLeod said with that in mind, it did not cost the City the amount of money as was predicted. Commissioner McLeod said he thinks the intent, as he understood it to be (when this first came before the Commission) was somewhat a partnering with the community businesses (that this City has been lacking in the past) that we were hoping to start doing that; with the Spring Fest being one of those types of arrangements. Commissioner McLeod said he doesn't know that if this Commission feels that it's a take and not a give situation, then the City is not sending a good message to the business community. Commissioner McLeod said as he reads the agenda regarding this event, he thinks they (Mountain View) lost $12,700 and said if the City is trying to partner, trying to promote with private enterprise, some talents, resources, that the City doesn't have, said he thinks by using the private sector, you must have some give and take. Commissioner McLeod said knowing that we covered our expenses, then he would be in favor to look at this from the standpoint that we would accept the $3,000 in lieu of the $5,300 and said he thinks that would be a very good business decision by the Commission. Regular Meeting City Commission April 27, 1998 97-98-28 Page 4 Commissioner Blake stated that when the Commission approved this item, the Commission agreed to the terms that the City would receive $5,000 (guarantee) and 10% gate revenues; and said the fact ofthe matter is the park was unavailable for use during the six days and said it was his understanding and position at that time was that any profits over the cost that the City would have, would go into the Parks Department's budget and said that this was an agreement and said he believes that Mountain View should be required to pay the $5,333.00 that the original contract required. Commissioner Martinez stated that in the March 9, 1998 minutes it is stated that it would cost the City $5,000 (personnel and equipment), and said ifthe City agrees to take $3,000, the City will be loosing $2,000 to subsidize a profit for an organization that comes into the City. Commissioner Martinez said if the Commission allows this to happen now, it will allow others to come here and the City will keep paying at the taxpayers expense and said he is against that. Mayor Partyka said for a point of clarification, the actual cost is not $5,000 it is $2,960, and said that figure is based on what the City Manager and Staff has concluded and said that is the fact. Commissioner McLeod said he thinks that the intend, as he understood it, was somewhat a partner with the community businesses, and said he doesn't know that if this Commission feels that it's a take and not a give situation; Commissioner McLeod said we are not sending a good message to the business community. Commissioner McLeod said reading the agenda item, the company lost $12,700 and said ifthe City is trying to partner/promote private enterprise, some talents/resources that the City doesn't have, said he thinks by using the private sector, then you must have some give and take. Commissioner McLeod said knowing that the City did cover their expenses, then he said he would be in favor to look at this from the standpoint of the City accepting the $3,000 in lieu of the $5,300 and said he feels that that would be a good business decision by the Commission. Motion was made by Commissioner McLeod to approve Consent Agenda Item A, reducing the amount to $3,000 and still subsidize all the City's expenses. Seconded by Commissioner Miller. Discussion. Commissioner Gennell said she would like to ask (and ifthe Commission agrees), and stated that the Commission comes up with these things from time to time, that we (Commission) says that they need to sit and discuss this later and said the policy of admission verses non admission things to the park, whether the City was really going to start as a policy (in the park) of letting people have events and charging admission, said she would like that noted (somewhere) that the Commission said that we would discuss that in the future; so when we schedule a workshop there will be a list of things that the Commission said they want to address. Commissioner Gennell asked how many days were they here prior to their set-up. Mr. Seal said Sunday and Monday. Commissioner Gennell said they were in operation for five days, so that makes a total of seven days that they occupied certain spaces in the park. Commissioner Gennell said the Commission was told that the passive area would open for parking and said she had taken the opportunity to go to the passive area and look around and said she was surprised to see that there were a dozen different sorts of motor homes camping Regular Meeting City Commission April 27, 1998 97-98-28 Page 5 out there, including pets, hooked up to the City's electricity and water. Commissioner Gennell asked if the water was metered at that location and if the electric was metered - separately from the rest of the park. Mr. Seal said yes the water and electric was metered. Commissioner Gennell said she was unaware that this was going to happen that she thought the passive area was going to be used for public parking and said there was no public parking there, as the area was being used up by the people living on that property for one week. Commissioner Gennell said at the very least, before the final cost to the City is determined, to look at the difference between the last few months electric and water bills. Mr. Seal said he included in his estimate the use of the electric and water. Manager McLemore reminded the Commission of the situation from December when the program was cancelled due to the weather and that the company put on another show for no cost and said that he feels the company dealt with the City honorably and approached this on the "high road" and said he feels the City should deal with this on the "high road". Manager McLemore said if the Commission wants to try and deal with the private sector, the Commission has to deal with them on the basis of when people work fairly with you, then you work fairly with them, and again, the question is "what is your goal and are your actions consistent with your goal"; Manager McLemore said the goal (as he understands it) was to try to outsource, or use the private sector to try to create (through some experiments) some opportunities for recreation for the people in this community. Manager McLemore said this was one of those events that we have learned that probably will not work in this community, and said it was a good lesson learned for the company but the question is if it still is the Commissions goal to try to use the private sector (through a partnership) to look and search way to create recreation opportunities, then the City's actions need to be consistent with that goal. Commissioner Martinez said the Commission is being inconsistent, we keep going back to the "old days" the "give-aways". Commissioner Martinez said they are business people and in business you take chances, you gamble, and they gambled and they lost. Commissioner Martinez said the company said they were suppose to give $5,000 back, why should we give them money, when Mr. Seal stated he hasn't calculated the water or electric use as of this time. Commissioner Martinez said it is not up to the City to subsidize business. Commissioner Miller asked to call the question. Vote (to call the question): Commissioner Martinez: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Gennell: nay; Commissioner McLeod: aye. Motion passes. V ote on the Motion to approve Consent Agenda Item A, reducing the amount to $3,000 and still subsidize the cost of the City's expenses: Commissioner Gennell: aye; Commissioner Blake: nay; Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Martinez: nay. Motion passes. Commissioner Gennell commented to the City Manager, in relations to these types of things, she would like in the future to know if people are going to be living in the park for a week and said she would also like camp site fees to be included in the calculations of what it costs the City. Regular Meeting City Commission April 27. 1998 97-98-28 Page 6 Commissioner Blake stated that there is a large difference between the 4th of July celebration, which is funded by the City, the City pays the entire amount, the City procures the contractor and provide that for the citizens vs. a for profit entity coming in and wanting to utilize the City's facilities for profit and giving the City a choice of methods to pay the City for the use of the citizens property and when things don't work out well, expecting the City to share in their loses. Discussion on Consent Agenda Item B. Commissioner Gennell said her comments on this item and also Consent Agenda Item E are the same, with the exception that Item E is actually more money than the City spent last year, but with regards to Item B, they are establishing another group which is going to have to have somebody from our Staff attending it, another layer of bureaucracy (if you would) that is going to be involved in these planning processes. Commissioner Gennell said this Agreement that is being signed, establishes a P-TAC committee, and said everybody has to send a member and said we are opening the door for another level of bureaucracy getting involved when we are trying to accomplish things. Commissioner Gennell said her question is, is this going to be subject to government in the sunshine, will there be open meetings, will there be minutes; what is the story with this P- T AC committee. Attorney Guthrie said there should be a sunshine meeting. Mayor Partyka said his impression on this is one of what we have been trying to do in terms of a joint coordination, communication of issues and said isn't this what is suppose to happen, it is not necessarily a "big" board that will vote on things, it's a question oftalking to each other so there won't be any "surprises". Manager McLemore said that is correct. Commissioner Gennell said for everyone's information, this particular agreement was originated years ago, in the 1970's by the Council of Local Governments, (when they were scattered far and wide) to get in better harmony with each other and said this has been revised and upgraded two or three times and each time it is revised and upgraded, it's been improved and said this is the first time a committee has been put in place that has to take one of our Staff members once a month to attend, and said what exactly does it mean, that they can make their own decision on what things are necessary and what aren't and said she wondered what implications it has for the City in our planning. Commissioner Gennell said ifthere is something that the City does or what to do, will it be subject to approval by this P-TAC committee. Manager McLemore said he doesn't believe so. Commissioner Gennell asked what is the function of that committee. Manager McLemore said the function of that committee is basically to provide information and discussion so that everybody is aware, various governmental entities are aware of planed development that is going on in various communities in Seminole County. Manager McLemore said there is a mandate in the Compo Plan to have governmental coordination and said this is the instrument by which we are trying to achieve that. Regular Meeting City Commission April 27, 1998 97-98-28 Page 7 Manager McLemore said the County sent over (last year) the first draft of this, which we thought was too elaborate and said we said we needed to get to the big issues so that everybody understands and is aware of planned actions by the various communities on issues that have some real import. So the we amended our agreement to try deal with the bigger issues. Commissioner Gennell said the last line on page 9, of the first paragraph says "the P- T AC may be assigned duties and responsibilities by unanimous agreement of the parties" and asked which parties. Manager McLemore said the way he preserves that is that is the administrative procedures by which that committee intends to meet, their rules of working. Tom Grimms, Community Development Coordinator, said the Planners of County and various Cities have been functioning as a P- T AC for some time, the Planners have gotten together once a month and conferred on various issues and stated that the way he understands the agreement the P- T AC is merely advisory, advisory only to the City Managers, the City Commissions and similar bodies of the County. Commissioner Gennell asked the Attorney if the meetings are open and will there be minutes. Attorney Guthrie said if the Committee is purely advisory, they would not need to have minutes and there wouldn't necessarily be duly noticed meetings. Attorney Guthrie said there was a question as to the term of the agreement and said the term of the agreement is two years, it's automatically renewable for successive one year terms and will continue to do that unless a party notifies all other parties that it is opting out of the agreement. Attorney Guthrie said that he and Manager McLemore had concerns with an earlier draft with regards to the section dealing with conflict resolution and said it is now done at a management level and said if only everybody decides to go further, does it get into a more binding type of thing. Attorney Guthrie said the other concern was the provision of opting out and said it is now in the agreement. Commissioner Gennell asked Attorney Guthrie for his interpretation ofthe last sentence in the first paragraph on page 9. Attorney Guthrie said it could be read two ways and said he is not sure either "hurts" the City. Attorney Guthrie said it could be all the parties would have to agree to something or it could be if there were three entities involved and they unanimously agree and said that that maybe should be better clarified. Motion was made by Commissioner Martinez to approve Consent Agenda Item B. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Miller: aye. Regular Meeting City Commission April 27. 1998 97-98-28 Page 8 Motion passes. Discussion on Consent Agenda Item E. Commissioner Gennell said last year the City gave $3,500 toward this effort, the Seminole Vision and said this year we are being asked to give $5,000 for the whole year; $2,500 for six months, which would be $5,000 for the year. Commissioner Gennell said on paragraph 7 of the first page says "a new organizational plan has been developed that includes the creation of a board of community trustees, made up of 50 representatives from a wide range of community perspectives". Commissioner Gennell said her understanding from last year when the City entered into the Seminole Vision was that it was going to be a one or two year process to get things going and asked if it is switching and saying they are going to set up a permanent "thing" and each year be obligated to an amount of money. Manager McLemore said he thinks that is the direction they are trying to move in based on the report of it various members and participants, to try to keep the interaction going between the various Mayors and Managers (which has been fairly productive). Manager McLemore said what they realize is that there is so much work involved and people involved in trying to coordinate eight or nine different governmental entities, would be impossible to do unless there is someone assigned to do that. Manager McLemore said his recommendation to them (Seminole Vision) was that if they can't get that commitment out of the various communities, then he said he doesn't think they should go any further; and said he thinks they are trying to have enough money to keep the actions moving ahead, on the agenda for action that was developed by the Visioning participants and not let it "die" at this point and time. Manager McLemore said he suspects that at the end of this first year, they would have to come back again and ask for the $5,000 if they feel that is the thing to do; Manager McLemore said he doesn't know what will happen after this year, but said it will not go anywhere unless someone or some entity has the pivotal position responsibility for coordination and said that will be difficult for anyone government to do and the Chamber has said they will dedicate resources to try and keep this moving but the communities will have to come up with some part ofthe resources also. Commissioner Blake asked what does the City get for the $2,500 and said when this was before the Commission a year ago he asked that same question and then asked what did the City get from last years $3,500. Manger McLemore said there was a progress report published by that group at the end of the exercise where each of the committees stated what progress had been made in that particular area. Manager McLemore said after the report, there was a feeling of everyone that a lot was achieved by having people come together and think about long term in where Seminole County was trying to go and what it was trying to do and what it's priorities are. Commissioner Blake said he questions the use of funds for something where we don't have any clear indication of what kind of benefit it's going to bring us, specifically for a second year in a row. Commissioner Blake said he would like to see the Commission "hold off' on this at the moment to give the City Manager an opportunity to bring back clearer direction on what they intend to do. Motion was made by Commissioner Miller to table Consent Agenda item E. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Miller: Regular Meeting City Commission April 27. 1998 97-98-28 Page 9 aye; Commissioner Blake: aye; Commissioner Martinez: nay; Commissioner McLeod. Motion passes. Discussion on Consent Agenda Add-On Item G. Motion was made by Commissioner Gennell to approve Agenda Add-On Item G. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner Miller: aye; Commissioner Martinez: aye. Motion passes. IV. INFORMATIONAL AGENDA Fire Department A. Requests that the City Commission review the information relative to the question raised by Commissioner Cindy Gennell during the City Commission Meeting held on 4/13/98 PURPOSE: to inform the City Commission of the information gathered by the Fire Department to respond to the inquiry by Commissioner Cindy Gennell. Community Development Department/Planning Division B. Informing the Mayor and the City Commission that questions raised by P.E.I. Homes concerning off-premise advertising will be addressed in the up-coming review of our current sign ordinance. PURPOSE: to inform the Mayor and City Commission that questions raised by P.E.I. Homes concerning off-premise advertising will be addressed in the up-coming review of our current sign ordinance which will completed within approximately ninety days. Finance Department C. Informing the Commission of the results of the City's Fixed Asset Inventory. PURPOSE: to inform the Commission of the results of the fixed asset inventory taken February 23-27, 1998. THIS ITEM POSTPONED UNTIL THE MAY 11, 1998 MEETING. Community Development Department/Land Development Division D. presenting to the Commission for informational purposes the conceptual plan for Discount Auto Parts. PURPOSE: to inform the Commission of the proposed plans submitted by Discount Auto Parts. The development is to be located on the northwest comer of the intersection ofS.R. 434 and Sherry Avenue: Motion was made by Commissioner Gennell to approve Informational Agenda Items A and B. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Martinez: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Discussion on Informational Agenda Item D. Kenneth H. Elers, representative for Discount Auto Parts and the site Civil Engineer, was present for questions. Regular Meeting City Commission April 27. 1998 97-98-28 Page 1 0 Commissioner Gennell had questions regarding the plantings for the landscaping. Commissioner Gennell questioned whether there would be a sidewalk on Sherry. Mr. Elers stated that there will be a sidewalk on Sherry. Commissioner Gennell asked if the dumpster area will be landscaped. Charles Carrington, Community Development Director, stated it will be landscaped. Commissioner Gennell also asked if there will be a bicycle rack. Mr. Elers said they will add one. Donald LeBlanc, Land Management Coordinator, stated that there was a question regarding the yellow building color. Manager McLemore stated that he has an objection to the yellow color and said he has noted that to the Staff and said the City is willing to work out something that is satisfactory to both parties. Motion was made by Commissioner Gennell to approve Informational Item D. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner Miller: aye; Commissioner Martinez: aye. Motion passes. V. REGULAR AGENDA Community Development Department/Planning Division A. Requests the City Commission hold a Second Public Hearing and adopt Ordinance 699 to revise Ordinance No. 695 to redesignate the jurisdictional wetlands of the Battle Ridge property from "Lower Density Residential" to "Conservation" on the Future Land Use Map. PURPOSE: to request the Commission ;hold a Second Public Hearing to revise Ordinance No. 695 concerning the Battle Ridge Large Scale Comprehensive Plan Amendment. Ordinance 695 changed the future land use designation of the Battle Ridge property from County "Suburban Estates" (1 DU per acre) to City "Lower Density Residential" (1.1 to 3.5 DU per acre). Ordinance 699 redesignates the jurisdictional wetlands from "Lower Density Residential" to "Conservation" on the Future Land Use Map. This proposed action is in response to the request by Seminole county and the City of Oviedo: Attorney Guthrie read Ordinance No. 699 by title only on Second Reading. Mr. Carrington gave his presentation. Mr. Carrington stated that Ordinance 699 redesignates the jurisdictional wetlands conservation rather than the previous designation of Lower Density Residential. Mr. Carrington stated with this action, if approved, fulfills all contingencies related to the Battle Ridge annexation Ord. No. 694, the initial zoning Ord. No. 696 and the Development Agreement. Mr. Carrington stated that Staff recommends the Commission approve to redesignate the jurisdictional wetlands as conservation on the Future Land Use Map. Tom Grimms, Community Development Coordinator, stated that this action is in response to the Regular Meeting City Commission April 27. 1998 97-98-28 Page 11 request from Seminole County and the City of Oviedo. Fred Leonhart, with Gray, Harris & Robinson, representative for the Battle Ridge property owner. Mr. Leonhart said this is an Ordinance that was initiated by Staff and is supported by the property owner. Mr. Leonhart said they feel this is the appropriate designation and the Commission's approval of the Ordinance will categorize the wetlands as conservation land instead of the designation of Low Density Residential. Mr. Leonhart said this will facilitate for the wetland property to be conveyed to an agency that the City shall direct them to dedicate the property to in the future. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. Regina Berisoll, 1190 MacTavindish Drive, spoke with residents concerns regarding traffic. Valerie EI-Jamil, 1230 MacTavindish Drive, spoke of flaws with this Agenda Item and with Resolution 843 and flaws in the process. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Blake to approve the adoption of Ordinance 699. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner McLeod: aye. Motion passes. Community Development Department/Land Development Division B. Requests Commission approval of the Second Reading of Ordinance No. 700 vacating the southern seven and one-half (7 Y2) feet of that fifteen (15) foot utility easement located to the rear of Lot 31, Walden Terrace (555 Brookside Drive). PURPOSE: to have the Second Reading of Ordinance No. 700 to vacate the southern seven and one-half (7 12) feet of that fifteen (15) foot utility easement located to the rear of Lot 31, Walden Terrace (555 Brookside Drive). A swimming pool and screen enclosure have been built into this portion of the easement: Attorney Guthrie read Ord. No. 700 by title only on Second Reading. Mr. Carrington gave his presentation. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. There was no one present who wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Martinez to approve the adoption of Ord. No. 700. Seconded by Commissioner McLeod. Discussion. V ote: Commissioner Blake: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Miller: aye; Regular Meeting City Commission April 27, 1998 97-98-28 Page 12 Commissioner Martinez: aye. Motion passes. Community Development Department/Land Development Division C. Presents to the Commission the recommendation of the Districting Commission as it relates to the redistricting of the City and to request approval of the Second Reading of Ordinance No. 701 which will establish district boundaries reflecting the February 1, 1998 population. PURPOSE: to present to the Commission the recommendation of the Districting Commission as it relates to the redistricting of the City and to request approval of the Second Reading of Ordinance No. 701: Attorney Guthrie read Ord. No. 701 by title only on Second Reading. Mr. Carrington gave his presentation. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Commissioner Martinez asked that the Commission receive a copy ofthe Districting Map. Commissioner Blake mentioned two enclaves between Districts and asked if an enclave was annexed into the City how would it be determined what District it would be in. Mr. LeBlanc, stated if the Commission approves; the property on the west side of Tuscawilla Road would go to District 5. Discussion. Attorney Guthrie said that Ordinance No. 701 could be amended at the time that would happen and allocate the land. Motion was made by Commissioner McLeod to approve the adoption of Ord. No. 701, Seconded by Commissioner Blake. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner GenneU: aye; Commissioner Miller: aye. Motion passes. Community Development DepartmentJPlanning Division D. Requests the City Commission adopt Resolution no. 843, declaring that all contingencies have been fulfilled related to the adoption and effective dates of Ordinance No. 694 (Battle Ridge property annexation), Ordinance No. 695 (comprehensive Plan Amendment Designation), Ordinance No. 696 (initial zoning), and the Battle Ridge Development Agreement. PURPOSE: Ordinance No. 694 (Battle Ridge property annexation), Ordinance No. 695 (comprehensive Plan Amendment Designation), Ordinance No. 696 (initial zoning), and the Battle Ridge Development Agreement were earlier proposed by the property owner and passed by the City Commission contingent upon the adoption and effective date of each other. The attached Resolution No. 843 indicates that upon reconsideration of Ordinance No. 695, all contingencies relating to the Ordinances and approval of the agreement are fulfilled and said Ordinances and agreement are effective. Resolution No. 843 also directs that Ordinance No. 695 be transmitted to the Department of Community Affairs as required by Chapter 163. Florida Statutes: Regular Meeting City Commission April 27. 1998 97-98-28 Page 13 Attorney Guthrie gave out a revised Resolution No. 843 and explained the changes from the original. Motion was made by Commissioner Blake to adopt Resolution No. 843. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner Miller: aye. Motion passes. City Clerk - ADD-ON G. Is reporting the results of the Tuscawilla Beautification Assessment District; City Manage requesting the Commission to determine if the Commission desires to move forward with implementation of the assessment district. PURPOSE: to inform the Commission of the results of the Tuscawilla Beautification Assessment District and to request direction relative to the implementation of the district: Manager McLemore gave his presentation. Manager McLemore recommended to the Commission that in consideration of the information the Commission has, this is not a binding ballot, the Commission has the discretion to act in this matter, and the Commission has noted on previous occasions that the Commission would reserve the right to review everything that is available (in terms of information) relative to the ballot and issues surrounding the question on the ballot, in making the final decision. Manager McLemore said with a majority in favor in Tuscawilla, 50.82% in favor and 49% voting no, Manager McLemore said he needs to know what the Commission's direction is to Staff, relative to going ahead with implementation. Manager McLemore said the Commission needs to note and he recommends that the City forwards to the County Commission the results of the ballot and ask the County Commission to make a formal decree relative to their desires with Dyson. Discussion. Motion was made by Commissioner Blake that the Commission move forward with the development and implementation of an Ordinance for the Tuscawilla Beautification District in the incorporated portion of the City and direct the City Manager to provide the results from the unincorporated area to the County Commission and to answer any questions they may have as to what implementation steps we are taking. Seconded by Commissioner Martinez. Discussion. Commissioner McLeod asked if the motion included going ahead with the consultant's task schedule. Commissioner Blake said yes. Vote: Commissioner Blake: aye; Commissioner McLeod: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner Miller: aye. Motion passes. VI. REPORTS A. City Attorney - Frank Kruppenbacher: Attorney Guthrie gave a copy to the Commission of the final report of the Constitution Revision Commission, which includes items that will be presented to the voters. B. City Manager - Ronald W. McLemore: Regular Meeting City Commission April 27. 1998 97-98-28 Page 14 No report. C. Commission Seat IV - Cindy Gennell: Commissioner Gennell asked if her expenses could be funded to attend the upcoming League of Cities Conference in August. It was the consensus of the Commission to fund Commissioner Gennell's expenses. D. Commission Seat V - David McLeod: No report. E. Commission Seat I - Robert S. Miller: Commissioner Miller spoke regarding a letter circulated from the City of Casselberry dealing with the Police and Fire retirement programs and asked about the City of Winter Springs' involvement in this issue. F. Commission Seat II - Michael S. Blake: Commissioner Blake spoke regarding a citizen's problems in obtaining an Arbor Permit. G. Commission Seat III - Ed Martinez. Jr.: Commissioner Martinez asked about recognizing Officer Robin Bernosky. Manager McLemore stated that the recognition of Officer Bernosky is scheduled for the first meeting in May. Commissioner Martinez asked about Firefighter Sapp who recently resigned and the letter he had written to the City. H. Mayor's Office - Paul P. Partyka: Mayor Partyka_stated that he does not have an appointment for the Pension Board and will submit a name when he finds someone appropriate. Mayor Partyka mentioned that he was at the 40th celebration of Loyalty Day by the Veterans of Foreign Wars Women's Auxiliary and said that they gave the City a U.S. flag and the flag that signifies P.O.W.'s and M.I.A.'s. The meeting was adjourned at 9: 15 p.m. APPROVED: :;:;;~~ V1