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HomeMy WebLinkAbout1996 09 23 Other Date: 09/23/1996 The following Minutes for Regular Meeting 09091996 were approved during the 09/23/96 Regular City Commission Meeting for this date. REGULAR MEETING CITY COMMISSION SEPTEMBER 9, 1996 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:00p.m. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Ferring, present . City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present John Langellotti, present Cindy Gennell, present David McLeod, present F or the invocation Mayor Bush asked for a moment of silent prayer. Mayor Bush stated that under the Regular Agenda, the Commission will hear Item G first. Manager McLemore mentioned that the Commission was given a supplement to Item K of the Regular Agenda. Approval of Minutes of Special Meeting of August 5, 1996: Mayor Bush asked if there were any additions or corrections to the minutes of the Special Meeting of Aub'Ust 5, 1996. There were no additions or corrections to the minutes of the Special Meeting of August 5, 1996. Minutes stand approved as presented. Approval of Minutes of Regular Meeting of August 26, 1996: Mayor Bush asked if there were any additions or corrections to the minutes of the Regular Meeting of August 26, 1996. There were no additions or corrections to the minutes of the Regular Meeting of August 26, 1996. Minutes stand approved as presented. PUBLIC INPUT There was no Public Input. CONSENT AGENDA Public .W orks Department A. Requesting Authori~tion to enter into a Contract Agreement for the replacement of Hayes Road Bridge and Associated Roadway/Drainage Improvements. PURPOSE: to request authorization to enter into a contract agreement with Prime Construction Group, Inc., for the replacement of the Haves Road Bridge and associated drainage improvements at a cost of $348,800.00 plus a 10% contingency: Motion was made by Commissioner Gennell to approve the Consent Agenda. Seconded by Commissioner Fen'ing. Discussion. Commissioner McLeod asked about a walkway across the bridge. Manager McLemore stated that the Public Works/Utility Director is not present at the moment and asked if the Commission wanted to hold this until later. Vote: Commissioner Conniff: aye; . Commissioner Ferring; nay; Commissioner Langellotti: aye; Commissioner Gennell: nay; Commissioner McLeod: nay. Motion fails. Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Pa2:e 2 Motion was made by Commissioner Ferring to table Item A. Seconded by Commissioner Conniff. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. INFORMATIONAL AGENDA Public Works Department A. Providing an Update of the Emergency Stormwater Piping Replacement at 444/446 Alderwood Court. PURPOSE: to keep the Commission informed as to the Completion of the .emergency stormwater pipe replacement at 444/446 Alderwood Court as authorized at the May 13, 1996, City Commission Meeting: Motion was made by Commissioner Conniff to approve the Informational Agenda. Seconded by Commissioner Gennel!. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. REGULAR AGENDA G. Requests Commission to accept a donation of $2430 from the Winter Springs Rotary Club to update the RU.O.K. computer system, to authorize the Mayor to send a letter of appreciation to the Rotary Club, and to authorize the City Manager to expend $4,861 to update the system. PURPOSE: to gain authorization to fund improvements to the R.U.O.K. system for the senior citizens to be administered by the Police Department: Commissioner Ferring asked about the time, maintenance and cost of this program. Manager McLemore will bring that information back to the Commission. Captain Pieper explained the system to the Commission. Discussion. Motion was made by Commissioner Conniff to approve this agenda item as recommended by the City Manager. Seconded by Commissioner McLeod. Discussion. Manager McLemore mentioned that the program also has the ability to add the latch-key to the program. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Greg Hess, President of the Winter Springs Rotary Club, presented Mayor Bush with a check in the amount of$2430 for the R.U.O.K. program. Mayor Bush presented Sy Berman with Resolution No. 789 for his work on the Pension Board. Mr. Berman stated that he will be moving from the City and that he has enjoyed being a resident of Winter Springs. Parks and Recreation Department A. Requests that the Commission receive the Trotwood Park Master Plan presentation which will be formally brought before the Commission on September 9, 1996 by the citizen committee representatives, consultant and the Parks and Recreation Director for conceptual approval. Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Pa2:e 3 PURPOSE: to present the Trotwood .park Conceptual Master Plan 'to the Commission and address any questions which they may have relative to the plan and its conceptual approval: Don Wilson, Parks and Recreation Director, gave his presentation and gave to the Commission a draft of a flier advertising a neighborhood clean-up. Mr. Wilson stated that the committee has worked with the consultant Mr. Mike Wadley; the first process was to identify the issues and concerns regarding the park, then the needs the citizens thought we should satisfy in the park; then there were meetings regarding alternatives and solutions to solve the issues that were identified. They also looked at the circulation of the park, how it would function with the amenities in the park and looked at the amenities planning for the parle; and this is how the conceptual Master Plan was formed. The plan the Commission has before'them for review tonight is a plan that everyone agrees with but everyone is not satisfied with; we think it is the best of all solutions possible with what we had to work with (with the land at hand). One issue that was singled out at the outset of the planning process was Lake Tuscawilla, there is a need for a lot of work to revitalize the Lake and we didn't want that to "bog" down the planning process, so that was handled as a separate issue. We have formed a sub-committee of the planning committee and we are addressing the lake as an individual item. We have tentatively planned a neighborhood clean-up as their first step for November 2, 1996. Commissioner Ferring stated that the citizens and Staff should be commended on the hard work they have done putting this together, but in his review of this, Commissioner Ferring stated that he thinks it merits major priority attention and not "bunched" into a meeting as what we have here tonight. Commissioner Ferring said he thinks this should be put as a special workshop or special meeting; we are talking about close to $800,000 to be spent over a course of five years and said he doesn't think this is something that the Commission can get into in depth in a short period of time. Commissioner Ferring said he doesn't think that this meeting (due to the length of it) is going to give the Commission the time they need to analyze what has to be done with this project. Commissioner Ferring said he thinks that the Commission needs to separate this particular agenda item and deal with it as a special meeting or workshop. Commissioner McLeod said he believes that the City has $108, 000 that is presently funded on this and said he was of the opinion that tonight's approval or disapproval would start the working of the $108,000 worth of work and then over the five years this will be readjusted and refigured in the budgets as needed; this is a conceptual plan that the Commission is looking at. Mr. Wilson said that is correct, this is a conceptual Master Plan, and we have $108,000 presently in the budget to begin work; we are requesting that $29,675.00 be carried over into next year's budget to address two items - 1) tennis courts; 2) the installation of exercise course; so that is what they are mainly talking about within the next six months, just those two items. Motion was made by Commissioner Ferring that the Commission set aside this item (after the Commission hears the input of the citizens who are present to make a presentation) to hold a Special MeetinglWorkshop to discuss the funding of this and to discuss the whole plan; this is only a conceptual situation and said he is not about to approve money on a conceptual plan. Motion dies for lack of a second. Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Pal!:e 4 Mr. John Drehoffan4 Mr. Gordon Naruta, members of the Trotwood Park Task Force Committee, presented the plan to the Commission. Discussion on the ballfields with regards to foul balls, dugouts, handi-cap access, and parking accommodations. Mr. Gordon Rude, Sybilwood Ct., spoke in favor of the conceptual Master Plan and regarding the need for a sports complex. . Mr. Mike Barette, Glen Eagle, spoke in favor of the conceptual Master Plan and recommended that the plan be adopted. Motion was made by Commissioner ConnitT to approve the Conceptual Master Plan - Agenda Item A. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: nay; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Rudy Werlink, Sybilwood Circle, spoke regarding the lank and stated that he is pleased with the process. Mr. Werlink asked that the City does not forget about the Lake. Mayor Bush stated that the National Association of Counties recent announcement at the Public Educational Video Program, "Harnessing Stormwater - The Untamed Resource", written and produced by Martin County, Florida by our City Manager Ron McLemore; has received a highly competitive'award of excellence from the National Association of Counties. The video aired nightly for five weeks on local television in Martin County was provided to inform County residents of the needs and benefits of the County's proposed County-wide Stormwater Utility; the Stormwater Utility Program was adopted without opposition largely due to the public education program which utilized the tape to communicate with the public via television, civic clubs and property owner associations. Mayor Bush stated that he thinks this demonstration of Mr. McLemore's professionalism speaks well of the Commission's decision to allow Mr. McLemore to lead our City. Mayor Bush said he would like to add his congratulations to Ron to this honor bestowed upon him by the National Association of Counties. Mayor Bush said that Manager McLemore said he would be glad to show the Commission the tape at any meeting that they would like to see it; Mayor Bush said maybe they could show it at 7:00 p.m. before a regular meeting, the tape is about 20 minutes long. Manager McLemore thanked Mayor Bush for the recognition and stated that there was a lot of effort put into it and said he would really like for the Commission to see the tape at the appropriate time. Mayor Bush also stated that the other Staff member that he would like to complement is Elaine Aviles, the City Hall Receptionist. Mayor Bush said a resident brought to his attention that Ms. Aviles waited for the resident after 5:00 p.m. to help the resident with a garage sale permit and this person wanted to make sure that the Commissioners were aware of Ms. Aviles dedication to the citizens and her very positive attitude in taking care this resident. _u~ Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Pa2:e 5 CONSENT AGENDA Public Works Department A Requesting Authorization to enter into a Contract Agreement for the replacement of Hayes Road Bridge and Associated RoadwaylDrainage Improvements. PURPOSE: to request authorization to enter into a contract agreement with Prime Construction Group, Inc., for the replacement of the Haves Road Bridge and associated drainage improvements at a cost of $348,800.00 plus a 10% contingency: Commissioner McLeod asked Kip Lockcuff, Public WorkslUtility Director, about walkway across the bridge. Mr. Lockcuff said that both sides will have the capability of a sidewalk. Mayor Bush asked about the closing of the road and for how long. Mr. Lockcuff stated that the road will be closed around the first of the year (1997), and will probably be closed about 90 days. Motion was made by Commissioner Langellotti to approve the Consent Agenda. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Community Development Division B-1. Requests the Commission to deny the application of Donald McIntosh & Associates representing the Leffler Company for a change of the Future land Use designation of property located on S.R. 434 from "Commercial" to "Lower Density Residential"; in the alternative, to change the designation from "Commercial" to "Mixed Use" and to approve the first reading of an ordinance changing the Future Land Use designation tI-om "Commercial" to "Mixed Use": Attorney Kruppenbacher stated for the record, if the Commission wants to deal with B-2 also, the Commission can deal with it at one time. B-2. Request the Commission hold the first of two Public Hearing, to review and approve a Development Agreement governing the development of the Leffler property, if redesignated by the Commission from "Commercial" to "Mixed Use" on the Future Land Use Map. Tom Grimms, Community Development Coordinator, gave his presentation. Mr. Grimms stated that after the Staff reviewed the application and expressed their concerns that this proposed Future Land Use Map amendment would begin to change the nature of the S.R. 434 corridor being commercial. After meetings with the applicant's representative concerning the Staff's findings; it was agreed between the applicant and Staff that a new request would be made (which was agreeable to the applicant, to go from commercial to mixed use and the associated rezoning would be to PUD) as part' of the discussion, item B-2 deals with a development agreement which would govern the development, the particulars of the Leffler property in terms of the Mixed Use arrangement. Mr. Grimms read the arrangement to the commission (which is in the agenda packet). Donald McIntosh, McIntosh & Associates, Inc., spoke on his request. Mr. McIntosh stated that they have attempted to understand the City's concerns for the application and to strike a compromise and Re2:ular Meetill2: City Commission September 9. 1996 95-96-24 Pa2:e 6 that compromise is before the ComnUssion tonight in the form of a Development Agreement and if the form of their expression of willingness to accept the application amendments that Mr. Grimms referred to. Specifically that the property be designated a Mixed Use parcel with the PUD zoning requirement as specifically outlined in the Development Agreement that is attached to it. The sites were marginal commercial sites and that was the reason for the application and the change. Mr. McIntosh said D.OT's changes to the 434 access has severely impacted the ability for that property to be used as commercial. Mr. McIntosh stated that they have worked to understand the City's concerns and to understand the need to preserve a commercial corridor and in that spirit they have worked hard with the City Staff to develop a plan and a Development Agreement that allowed for the preservation of some commercial property (northwest corner of the property) with the balance of the property to be developed as residential (the vast majority of the property will be developed as residential). There is a total of 1.7 acres of the 13 acres proposed to be developed as commercial and that is the farthest 1.7 acres from the existing residential sites in the southern end, specifically Winding Hollow; the balance of it to be developed as specifically outlined in the Development Agreement with the minimum lot size being 50 feet, and the minimum house price will be $120,000. There are a lot of details in the Development Agreement that came after a great deal of discussion, we have done things such as protecting the commercial and future residential as well as the 434 corridor. Mr. McIntosh stated that they have done their best to make the proposals consistent with the present draft of the visioning agreement and have worked hard with City Staff and the City Attorney to make sure there is adequate provisions for dealing with the visioning document (when and ifit's approved). Mr. Mclntosh stated that they respectfully request that the Commission approve not only the Development Agreement but the application for the change. Manager McLemore thanked Mr. McIntosh in the way he has worked with the City to get to this point and stated that he thinks it is a good point for both parties. Manager McLemore said the commercial area of the property will be neighborhood commercial and not a big commercial establishment; it will be a small upscale commercial area that is basically going to serve the housing areas around it; and stated that it fits well with the type of development in that area. Commissioner Gennell asked if they are planning a wall around the sides. Mr. McIntosh stated that is not the plan, on the eastern boundary is the retention pond and on the southern end there is the Florida Power easement, there will probably be residential fences and a wall only proposed along the front, with the idea to buffer 434 from the residences. Commissioner Gennell also asked if the developer is agreeing to abide by the final visioning requirements. Mr. Mcintosh stated that the City Attorney has made specific reference to them abiding by City Codes. Attorney Kruppenbacher said they are bound by the City Codes unless the Commission specifically waive them. Discussion. Attorney Kruppenbacher stated that in the Development Agreement, paragraph 9, what you are saying is that the commission is approving the agreement with all the specifics but then it specifically provides that when it comes time for any development plans or standards everything have to meet the regulations and policies of the City of Winter Springs, in effect at the time of execution of the Re2:ular Meetin2: City Commission Seotember 9. 1996 95-96-24 Pa2:e 7 development agreem~nt. Attorney Kruppenbacher said that he does not believe that the Commission would be able to impose on the project a subsequent policy/procedure ordinance the Commission adopts regarding the visioning concept. Mr. McIntosh stated that they have worked hard to make the Development Agreement conditions consistent with the Code as it is now written and that is the best they could do now but if there is something that is important to the Commission as the PUD comes through, he doesn't feel that his client would object to dealing with that; the intention is to beautifY the area. Mr. McIntosh stated that they dealt with the visioning document as it is written and tried to make the application apply with every standard and component of the visioning document (understanding that the visioning document is not yet adopted). Mr. McIntosh stated that they are in agreement with the compromise and they are asking the Commission to approve the compromise. Mayor Bush closed the Regular Meeting and opened the Public Hearing on Items B-1 and B-2 and asked if there was any member of the public present to speak on these items. Mr. Maynor Zetler, Winding Hollow, stated that he is pleased to hear that the property closest to Winding Hollow is going to be residential and asked how many homes will be on the property. Manager McLemore stated there will be between 50-60 homes (both parcels Leffler and Morrison) Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Ferring that the City Commission deny the application by Donald McIntosh & Associates, Ine., representing the Lerner Company for a change of the Future Land Use designation of property located on S.R. 434 from "Commercial" to "Lower Density Residential" ; in the alternative, to change the designation from "Commercial" to "Mixed Use" and to approve the first reading of an ordinance changing the Future Land Use designation from "Commercial" to "Mixed Use". Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Ferring; aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner Conniff to read Ord. 626 by title only. Seconded b-- Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferrin! aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye Motion passes. Attorney Kruppenbacher read Ord. 626 by title only. Motion was made by Commissioner Ferring to review and approve a Development Agreement governing the development of the Lerner property if redesignated by the Commission from "Commercial" to "Mixed Use" on the Future Land Use Map. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring; aye; Commissioner Conniff: aye. Motion passes. G Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Pae:e 8 Community Development Division C-I. Requests the Commission to deny the application of Donald McIntosh & Associates, Inc., representing William H. Morrison, Trustee, for a change of the Future Land Use designation of property located on S.R 434 from "Commercial" to "Lower Density Residential" in the alternative, to change the designation from "Commercial" to "Mixed Use" and to approve the first reading of an ordinance changing the Future Land Use designation from "Commercial" to "Mixed Use". . C-2. Request the Commission hold' the first of two Public Hearings to review and approve a Development Agreement governing the development of the Morrison property, if redesignated by the Commission from "Commercial" t6"Mixed Use" on the Future Land Use Map: Mayor Bush closed the Regular Meeting and opened the Public Hearing for Items C-l and C-2. Mayor Bush asked if there was anyone present who wished to speak on these items. There was no one present who wished to speak on the items. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Mr. McIntosh gave his presentation. Mr. McIntosh stated that the application is for a five acre parcel of property adjacent to the previous application. The application is made in the spirit of reaching an agreement with the City in harmony with it's policies, goals and objectives; specifically to enable both commercial and residential development to take place in a harmonious fashion. The application has been made favoring residential because of the hardship associated and the improbability of developing this property as commercial in it's entirety by virtue of all the acts of D.O. T. Mr. McIntosh stated they respectfully request that the Commission approve the compromise along with the Development Agreement that will follow. Motion was made by Commissioner Ferring to deny the application of Donald McIntosh & Associates representing William H. Morrison, Trustee, for a change of the Future Land Use designation of property located on S.R 434 from "Commercial" to "lower Density Residential" in the alternative, to change the designation from "Commercial" to "Mixed Use" and to approve the first reading of an ordinance changing the Future Land Use designation from "Commercial" to "Mixed Use" and to read the Ordinance by title only. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Ferring~ aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord. 627 by title only. Motion was made by Commissioner Ferring to hold the first of two Public Hearings to review and approve a Development Agreement governing the development of the Morrison property. if redesignated by the Commission from "Commercial" to "Mixed Use" on the Future Land Use Map. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Gennell: aye~ Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye. ' Motion passes. Mayor Bush called for a recess at 8:50 p.m. Mayor Bush reconvened the meeting at 9:00 p.m. Re2:ular Meetin2: City Commission September 9.1996 95-96-24 Pa2:e 9 Mel Glickman, Chairman of the Commerce & Industry Development Board, stated that the Board asks that in the future the Commerce & Industry Development Board be involved for input in different items that come before the Commission for the Board's input, such as with the telecommunication towers, the C.I.D.B. was not involved. Mr. Glickman also said that the C.I.D.B. is requesting $450.00 to have the second Semi-Annual Business Breakfast, which they are planning to hold on October 16, 1996. Mr. Glickman said at this meeting the Board will be giving the Business Community the results of a survey that they were asked to fill out. Motion was made by Commissioner Ferring to approve the request of the C.I.D.B. for $450.00 to hold the second Semi-Annual Business Breakfast. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Parks and Recreation Department D. Requests that the Mayor and each Commissioner nominate two (2) citizens for the appointment to the Winter Springs Conceptual Trails & Bikeways Master Plan Task Force at the September 9, 1996 Commission meeting. PURPOSE: to serve as a reminder and generate the nominations and appointment approval for the formulation of the twelve (12) person task force which will serve to develop a proposed Conceptual Master Plan for future review and subsequent approval by the Commission: Commissioner Ferring nominated Mr. Bob Smallwood, 667 Saranac Drive, 365-9724; Mr. Bob Krause, 245 Oak Road, 327-5600. Commissioner McLeod nominated Mr. Tom Puzac and Dave Lancaster. Commissioners Conniff stated that he doesn't have any appointments at this time and asked if there was anyone present who wished to serve. Commissioner Langellotti said his two' appointments haven't confirmed yet and will have IS appointments at the next meeting. Commissioner Gennell said she is waiting to hear back from people. Mayor Bush nominated Mr. Peter Lyon, 684 Benitawood Ct., 366-4373; and Mr. Steven Reed, 210 Panama Road East, 699-9426. Motion was made by Commissioner Conniff to approve the nominations for the Winter Springs Conceptual trails & Bikeways Master Plan Task Force. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Pa2:e 10 City Manager O. Request Commission provide the City Manager directions relative to the request of the Oak Forest Property Owners Association for the City to participate in the finances of a wall to buffer the subdivision from Tuskawilla Road: Karen Cici, 712 Brooks Ct., spoke in favor of the request. Frank Stever, 135 Tradewinds East, spoke in opposition of any contribution from the City toward the funding of the wall. Ken Haines, 1115 Aloha Ct., stated that the Homeowners are not asking the City to build them a wall, but rather enter into a partnership with them and accept a percentage of the cost, to help protect them and their children's future and the overall betterment of their community. Mr. Haines said that he urges and challenges the Commission to forget politics for a moment and do what is right for the community. Joe Cole, 1154 O'Day Dr., spoke in favor of the request. Commissioner Ferring commented on Mr. Stever's remarks. Commissioner Ferring stated that he feels the Commission owes an obligation to the residents of Oak Forest to help them in some degree, not fully, for the past neglect that was done in that area. Commissioner Ferring said what are we accomplishing? - We are accomplishing a corridor that will be one of the benchmarks of this City. Commissioner Ferring asked Manager McLemore if indeed the Commission votes in some part to fund along with the partnership, are we (the Commission) causing any financial strain on our budget, do we have enough funding to take care of what we would intend to do at this point. Manager McLemore explained that based on the City's budget projections, there is ample funds in the fund balance of the general fund for the Commission to make a donation to this project, without doing any undue harm to the general fund in this year. Manager McLemore said the only thing he asks the Commission to do is think about when the Commission does this, the Commission may be faced with this issue again and may be asked to make this contribution for other people. Commissioner Fening said what he is trying to say is we all have to be together in this City and if in the future there is a similar situation, based on the same criteria that we are dealing with here, there should be no reason why we cannot take that under consideration. Commissioner McLeod said he believes that the City could give some help to this but he said he does not believe it is the burden of the rest of the citizens of the City to finance the wall and said he feels that this could be done through a construction and maintenance agreement or assessment district and stated that he thinks that is the only viable answer that, the Commission has at the present time. Commissioner McLeod said he has asked the Homeowners Assoc., (before) if they are in favor or opposed to that type of approach. Commissioner McLeod explained that the only thing he believes the Commission can do for these residents is to handle this through these means, which suggests that Re2:ular Meetin2: City Commission September 9.1996 95-96-24 Pa2:e 11 they will have an assessment of certain amount of dollars over a period of years in paying it off. Commissioner McLeod stated that he does not believe that it is fair to the rest of the residents of Winter Springs. Mr. Haines stated that anything that the Commission has asked for, the Assoc. has provided, and stated that they have been dealing with this for three years and said he has been before the Commission numerous times and said he believes they have given the Commission everything they need to make a decision and said he understands where the Commission is in terms of a taxing district and said the homeowners know they have that option and said they know they can pay for the wall themselves. Mr. Haines said the intent of the Board of Directors is they feel that the City should help them on this, and said they are not asking the City to pay the bulk of the wall. Commissioner McLeod asked if the homeowners would consider it helping if the Commission was in favor of a taxing district. Mr. Haines stated that they are in favor of it, that there will have to be a taxing district anyway because the City will not fund the whole amount, so they would have to form an M.S.T.U. or a Special Taxing District for the balance of the money. Discussion. Mr. Haines said the issue before the Commission is whether or not the Commission is agreeable to pay a portion, we are here asking the Commission for monetary support and said the homeowners realize that they can form a taxing district and pay for it themselves and stated that the City Manager has offered to set that up for them, but they feel that is not enough. Commissioner McLeod alluded that Mr. Haines mentioned the money from the County, the County issued the money (which has never come to the City) but the $260,000 the County said they would put in was for beautification of TuskawiUa Road for upgrading of trees, and upgrading of the grass; it was not for the wall, it was told to the Commission that if the City wanted to or the residents want to put a wall up that is up to them to do that, but the money was for upgrading of the corridor. Commissioner McLeod stated that a lot of people feel that the money came to this City and it was for the wall and said he wants to clarify that the money did not come to the City and the money was not for the wall. Commissioner McLeod said if the City happens to set up the taxing district, the rest of the taxpayers in the City would be helping to pay for the City Staffs time to help set that up, legal expenses and so forth; so there would be money being expended for the Oak Forest residents through the tax dollars through the City and other taxpayers within the City, so the residents would be benefiting. Discussion. Commissioner Gennell asked the City Manager if he could give an estimate on what the City's expenditure would be in time and labor involved in assisting this neighborhood to accomplish this goal. Manager McLemore stated about 4 to 5 thousand dollars in Staff time but there will also be legal costs and engineering design costs and costs in setting up the instrument itself, and the total might be about 15 thousand dollars. Manager McLemore explained that if the Commission only wanted to contribute Staff time it would be about 4 or 5 thousand dollars but once you add in the legal costs to set up the district then that could be about 10 to 15 thousand dollars; beyond that you get into costs that are related to design and issuance of bonds and construction and that would cost probably 15% of the total cost. Re2:ular Meetin2: City Commission September 9.1996 95-96-24 Pa2:e 12 Commissioner Ferring stated that the question that was asked before regarding the wall that could have been put up when the development was being built; records will show that the City Planner of Winter Springs recommended that the developers (at that time) construct a wall along the Tuskawilla corridor, that recommendation was eventually turned down by the past City Commission. Commissioner Ferring said there is nothing wrong with using some of the money that we have to enhance Tuskawilla Road, whatever way you want it designated as taxpayer money, or whatever money, that money is used to beautify Tuskawilla Rd. and by putting up a nice buffering wall along that widened corridor, if that doesn't beautify it, then Commissioner Ferring said he doesn't know what does. Motion was made by Commissioner Ferring for this City to enter into a partnership with the Oak Forest residents to set up a taxing district to build a butTering wall along Tuskawilla Road of the Oak Forest property with the City assuming 1/3 of the cost and the residents assuming 2/3 of the cost. Seconded by Commissioner Langellotti. Discussion. Commissioner Langellotti asked how long (from where to where) is the wall going to be. Mr. Haines said from the beginning of Oak Forest on the north side to the southern side (to the church). Commissioner Langellotti asked about across the street - Tuscawilla side. Mr. Haines said it is just on the Oak Forest side. Commissioner McLeod referring to the letter from the Chairman of the County Commission (at that time) Mr. Morris, of Feb. 9, 1995 on page two, he comes out and said "the City and or affected community would pay for the cost of the wall and irrigation system, the cost of providing the water and maintenance of it would be the responsibility of the City of Winter Springs" and it goes on to say that the wall itself, they will not put money toward it, the wall itself is this City's responsibility and the residents of this City, they do say that they will pay for the sod upgrades and said he needs to make sure that the Commission understands also, that as of this date there has never been a plan submitted to County to receive any funding for that corridor. Commissioner McLeod said that the City Manager needs to take note of that and needs to make sure that we submit to the County a plan of what we want to do. Commissioner McLeod said he has been told that if a wall is on that plan, the plan will be rejected, it (plan) is not part of the wall whatsoever. Manager McLemore said it takes a certain amount of money to set up assessment districts. Commissioner Ferring said there have been meetings with the County regarding the upgrading of Tuskawilla Rd., and said he had been invited and attended those meetings as has been the Utility/Public Works Director Kip Lockcuff. The County when they gave us that money, there was no strings attached to it and in fact in our discussions with the County part of the funding of a wall on Tuskawilla Rd. was discussed; if there was excess monies the money could be applied to the buffering of Tuskawilla Rd. on the west side. Mr. Lockcuff stated his recollection is that once the County went back and talked about it, he thinks that was when Mr. Morris generated the letter stating that they weren't comfortable with funding the wall and their limit was 3% of constructions costs and then they went back and looked at the numbers for irrigation and landscaping, that cost alone well exceeded the 3%. Commissioner Ferring said be that as it may if indeed the cost exceeded the 3%, this is still money that the City would have had to spend out of City dollars had not that money come from the County. Mr. Lockcuff said at the time of the discussions there was no money allocated from the County for landscaping and irrigation improvements and if it was the Commission's wish at the time, yes it would have cost the City. Commissioner Ferring said he is appealing to the Commission to do the right thing, to help the Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Pa2:e 13 residents, who are not asking for a lotofus as a City, we've allowed them to get a good portion of their property stripped away from them and yet we are saying we can't help them and stated his motion stands as it is. Commissioner McLeod said it is the County's property, the residents aren't loosing their property, there is a potential of a buffer zone that they were comfortable with that is being removed from the property. Commissioner McLeod said one thing that has not been mentioned in discussions are that the residents are talking about the wall to run the full length, yet there are zones along that length that will never have a home built up to them that are still going to be buffer zones and asked if anyone has taken out the cost of that portion of the walls through there, what can you reduce that down to. Russ Robbins, resident Oak Forest, said he has walked and measured the track where they want to propose a wall and it is approx. 7230 feet from the north end to the south end, of that distance he came to the street sidewalks and guesstimated, no featured entrance and they weren't asking for a featured entrance for budget purposes; and with the absence of Grand Reserve of853 feet, and a retainer wall that is designed in at the wetlands just south of Winter Springs Blvd., another 250 feet, gave a result of 6130 feet, and said that it basically comes to the sidewalk. Mr. Robbins said the only place there would be a featured entrance would be at Winter Springs Blvd., and said the way the design is now it comes up to the homeowners backyard, there will be no beautification at Oak Forest entrance, Forest Creek entrance or Trotwood entrance, therefore, the only thing that could be done would be to put it at a 45 degree angle (about 8 feet) which is trivial in footage, the only other thing is for a featured entrance so the total is 6130 feet plus another couple hundred feet for a featured entrance. Mr. Robbins said they have estimates from $311,000 to $400,000 basically approx. $50.00 per foot. Mr. Robbins said there is a 250 foot retainer wall that will be built by the road construction itself at the wetlands area therefore, it leaves the entrance that would be void of any homes and a little beyond the retainer wall and said guessing about 300 to 500 feet that would not be backed up to homes. Commissioner Conniff stated that Commissioner Langellotti brought up a good point when he talked about the residences across the street and said to his knowledge it will just be taken off of one side of the street so it would not effect one side of the street Commissioner Gennell said if you are talking about beautifying Tuskawilla Road, how do you beautify just one side the road and we would have the other neighborhood coming in next week and want their side done. Mr. Haines stated that they are not here because they want a wall for beautification, they are there because there is a buffer (approx. 30 to 40 feet in width) protecting the homes along the corridor is going to be removed, only a small portion will be taken from the Tuscawilla side of the road, it really does not affect the Tuscawilla Community the way it does Oak Forest. Vote on the motion: Commissioner Conniff: nay; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: nay; Commissioner McLeod: nay. Motion fails. Motion was made by Commissioner McLeod that the City Manager and Finance Director work with the Oak Forest Community to set up a Special Taxing District for the purpose of a wall along Tuskawilla Road and for that district to be set up for the assistance by the City to help in acquiring funds and that district to be paid for by the homeowners Assoc. of Oak Forest and the maintenance of that district to continuing to be paid for by the Homeowners of Oak Forest; and that the abutting property owners agree convey the necessary right-of-way for the construction maintenance of the wall. Seconded by Commissioner Gennell. Discussion. Re2ular Meetin2: City Commission September 9.1996 95-96-24 Pa2:e 14 Commissioner Ferring asked if that was a valid motion. Attorney Kruppenbacher stated that he interprets it to be valid because the motion is giving direction to the City Manager to get with the Homeowners to decide if they can put something together, it has to come back to the Commission to begin with. There was question if a percentage of homeowners had to agree to this. Attorney Kruppenbacher stated that he has talked with Tallahassee Council who does nothing but assessment districts to check this, that we could create an assessment district; there would be arguments over . potentially what properties are benefited by it or not (we can go forward, we can have that anytime), we can take care of those steps in court, the assessment process may not call for (the one we envision) the need to have the homeowners vote, it could be through Ordinance by this Commission adopting it and going forward through the Ordinance process to create the assessment district and not having any kind of a referendum. Attorney Kruppenbacher said he is recommending that the motion be basically that the Commission is directing the City Manager and Staff to get with the Homeowners and bring back to the Commission the most viable way of using an assessment process to achieve what the Commission has identified, which is the payment of the wall etc., through that process. Manager McLemore said he would be comfortable doing this is two steps; we can get with our financial people to deal with the bond issues and we can then come back and show how much it would cost in 15 years, 10 years, at 5 year etc. There will be costs associated with this that the homeowners don't see yet, it is part of the administration doing this, but we will have all that put together and the homeowners can look at two or three alternatives and say what alternative they want to take back to the Association. Manager McLemore said he will define the costs and meet with the homeowners and show them alternatives and get it down to the bottom dollar where they can see all the costs that will be involved. Commissioner Ferring said he wanted to know if the homeowners Association wants to be involved with the City on this. Mr. Haines stated that it certainly wasn't their first choice but they strongly believe that the wall is something they need and will benefit everyone in Oak Forest and said he believes the homeowners in Oak Forest and property owners will agree that this is what they will want to do whether it's paid for by themselves or not; of course their number one choice was to get participation from the City and said he is sure that people are going to be very disappointed in the Commission for that but nevertheless they need to move forward and this is something that he and the rest of the Board feels strongly about. Mr. Haines said he would like to ask that they would like to be very much a part of the process when it comes to design and layout, they can get a committee together to work with the City. Manager McLemore stated that he will work very hard with getting this out in a maximum length of time they can get it in such a way the payments are minimal payments for the people. Commissioner Gennell said she would like everyone to realize that it will represent a significant work load for the City, a significant dollar cost and said she thinks it is going to be fair to the whole City, to all the residents. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: said that he wanted to make it a matter of record that he thinks the whole thing "stinks" and said he is sorry for the residents of Oak Forest and voted: aye. Motion passes. Mayor Bush called for a break at 9:55 p.m. Mayor Bush reconvened the meeting at 10:05 p.m. Land Management Division I. Request the Commission to hear Architects Design Group presentation of the color scheme for Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Paee 15 the Public Safety Complex and provide'direction it deems appropriate. PURPOSE: to present to the Commission proposed color schemes for the Public Safety Complex as discussed at the Commission Workshop: Ian Reeves, with Architects Design Group and Susan Latrelle, with Architectural Interio~s, gave their presentation to the Commission. Motion was made by Commissioner Ferring to have Commissioner McLeod pick the colors. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: nay; Commissioner Gennell: nay; Commissioner McLeod: nay~ Commissioner Conniff: stated that this is mute issue. Discussion on the color schemes presented. Manager McLemore said he will work with the Architects and will bring back other color schemes at the next meeting. The Commission was in agreement. Land Management Division K. Requesting Commission action on the recommendation of the Board of Adjustment as it relates to the request of 1) Florida Power Corporation and 2) the City of Winter Springs for variances to the height restriction set forth in Section 20-164 of the Code of Ordinances and Chapter 20 of the Code of Ordinances. These variances are requested for the purpose of erecting telecommunication towers within the City of Winter Springs. Separate action is required for each request. PURPOSE: to approve or disapprove the recommendation of the Board of Adjustment as it relates to the request of Florida Power Corporation and the City of Winter Springs for variances to the height restriction for the purpose of erecting telecommunication towers within the City of Winter Springs. The height of the towers would be one hundred twenty (120) feet each: Commissioner Langellotti stated that he would like to disclose that he has had conversations with PrimeCo and have been representing them in zoning matters in other areas outside of Winter Springs and announced that he is going to abstain from commenting or voting on Items K and L to insure that he does not exercise a conflict of interest or give the perception of exercising a conflict of interest. Mr. LeBlanc gave his presentation. Commissioner Ferring stated that he thinks the City hasmoved to fast on this and doesn't think that $12,000 lease for a tower that the City can't have any control over. Commissioner Ferring said he thinks it is very important that the City goes back to the "drawing boards" and start from scratch and if it requires bringing in an expert to protect this City for the future of communication towers that will be built, then we have to do that. Commissioner Ferring said he thinks it is inappropriate at this time for this issue to come before the Commission and said he is prepared to vote against it and said he would like for the City Manager to look into this from the ground up and get an expert to see which is the best way that this City can handle the telecommunication towers for the future. Mayor Bush asked if the City should have an Ordinance governing the towers. Re2:ular Meetin2: City Commission September 9.1996 95-96-24 Pal!e 16 Manager McLemore stated the City could have and that he has looked at some of the Ordinances from surrounding Cities and most of them deal with the esthetic side of it, there is obviously some business related issues in terms of getting your maximum dollar out of it. What we could do through an Ordinance would be to place some criteria on how they are spaced, designed or height limits. Discussion. Manager McLemore mentioned that the contract would be for five years. John Ariele, representative from PrimeCo, spoke regarding the request. Commissioner Ferring asked Mr. Ariele about his experience with interference. Mr. Ariele stated there is none, their frequency is at a high megahertz that it is not interfering with any emergency systems around this community. Commissioner Gennell asked about PrimeCo giving cell-phones to the City for upper management such as TimeWarner Cable gives the City cable. Mr. Ariele stated that his Company would be happy to provide the City Manager with one of their new high-tech PCS phones when they are available, with 60 minutes of free air time each month. . Mr. Ariele said they are willing to work with the City in any way possible. Motion was made by Commissioner McLeod to extend the Commission Meeting past 11:00 p.m. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: nay; Commissioner Conniff: nay; Mayor Bush: aye. Motion passes. Discussion on getting a consultant. Motion was made by Commissioner Ferring to table this item for two weeks. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Ferring: aye. Motion passes. Police Department M. Requesting the Commission consider approval of Resolution No. 792 waiving permit fees for Political Signs for 1996 elections. PURPOSE: to determine if the Commission desires to waive the collection of permitting fees for Political signs for 1996 election: totioll was made by Commissioner McLeod to waive the fees and permits for Political Signs ~d to read ~e~olution 792 by. title only. S~c~nded by .Commissioner ~e~ring. Dis~ussion. lote: Commlssloner Langellottl: nay; Commissioner Fernng: aye; Commissioner Conmff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Resolution No. 792 by title only. City Manager Q. Request the Commission hold a Public Hearing relative to the approval of Resolution No. 796, setting the Tentative Millage Rate at 3.6083 mills and adoption of same, and relative to the adoption of the first reading ofOrd. No. 624 establishing the Tentative Budget for Fiscal Year 1996-1997. Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Pa2:e 17 PURPOSE: to have. the Commission establish the Tentative Millage Rate at 3.6083 mills and to approve the first reading of the Fiscal Year 1997 Budget Ordinance after holding a Public Hearing for these two actions: Manager McLemore said that the Commission has the tentative budget and have explained all the changes in the front of the budget; most of the changes deal with formatting and the structuring of the Budget, there are very few changes in numbers: 1) added additional revenue that was not added originally from the transportation fees from the Fire Department ambulance transport fees; 2) increased some revenue projections. There have been no major changes except one area and that is in the Utility Fund where we decided we had to cut back on the Capital Improvements Program related to the extension of the reclaimed water system, we have reduced that this year about $600,000 and propose to reduce that next year $1.3 million; our concern was that we were depleting our cash position too rapidly. During the year we will have an opportunity to complete a rate study and give the Commission an opportunity to make a decision as to either increase the rates or to string the Capital Improvement Program over a longer period of time or some combination of that. Manager McLemore stated that he is very comfortable with the program in place that we will maintain the City's financial equity and adequately fund all the operating programs that were talked about earlier. Commissioner Gennell mentioned that when the emergency transport issue was passed, the Commission asked that the emergency transport function would be accounted for by itself and stand on it's own so that the Commission could properly evaluate it and said it is not broken out in the budget in any way that is easy to determine and said she would like to see that in some form. Harry Martin, Finance Director stated that he gives the Commission a report every month with everything related to the transport broken out. Manager McLemore said he will give the Commission a budget for the emergency transport for the annual anticipate revenues and expenses. Commissioner Fening said since the Budget Workshops he sees an increase of about $82,000 in the overall budget; some of the increases are consultant services for the Parks Department, promotional expenses for the Parks Department; $25,000 more plus $22,000 more on Capital Improvements notes $8,000 more on lease purchase equipment; $20,000 more on Capital Improvements, yet at the same time the Public Works Department budget has been lowered by $66,000 and said the Commission had not agreed to any reduction in the Public Works Department's budget. Discussion. Manager McLemore stated the items that Commissioner Ferring mentioned are items that the Commission added during the budget process; two of the items mentioned were items in the current year budget that won't be spent in time to be incumbered so we rolled them over into next year; one being the Fire Department accountability system and the other was for the parks (Trotwood Park). Commissioner Ferring said his same concerns that he had in the workshops still stand. Manager McLemore stated as noted in the explanation, he is not fully satisfied about the lease purchase system, however, his discipline is until such time as we know what our closing entries are from the City's audit from this current year, that he will reserve the maximum cash flow in the year. Manager McLemore said he thinks the audit will show a very good picture for the General Fund and as stated if the projections prove out to be on target, he will come back to the Commission and recommend we do some of the purchasing out of cash rather than lease purchase. Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Paee 18 Motion was made by Commissioner McLeod to hold a Public Hearing setting the Millage Rate at 3.6083 mills and the budget for fiscal year 1997. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Bush opened the Public Hearing. There was no one present to speak for the millage and \ budget. Mayor Busb closed the Public Hearing. Motion was made by Commissioner Conniff to adopt Resolution 796 and to read the resolution by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Ferring: nay; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Resolution 796 by title only. Motion was made by Commissioner Conniff to read Ordinance 624 by title only. Seconded I by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: nay. Attorney Kruppenbacher read Ordinance 624 in it's entirety. Finance Department N. Requesting the Commission hold a Public Hearing on the Non-Ad Valorem Tax Assessment for Street lighting within the Country Club Village Subdivision and provide directions as deemed appropriate. PURPOSE: to allow for public input on the City's intent to have placed upon the Property Tax Statement the Non-Ad Valorem Tax Assessment for Street Lighting for the Country Club Subdivision: Motion was made by Commissioner Ferring to hold a Public Hearing. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennelt: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Mayor Bush closed the regular meeting and opened the Public Hearing. There was no one present to speak for or against the item. Mayor Bush closed the Public Haring and reconvened the regular meeting. lotion was made by Commissioner Conniff that the Commission determines that there is no ason to amend Res. 783 as adopted July 22, 1996. Seconded by Commissioner Ferring. iscussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennelt: aye. Motion passes. General Services Department E. Requests that the Commission release Dr. Russell R. Gram, the City's physician and Medical Review Officer (MRO) fro CDL drug testing, and appoint D.O.T. Stop's a subsidiary of Florida Hospital Corporation, (FHP) Dr. Jock Sneddon as MRO for CDL drug testing, and authorize D.O.T. Stop to preform all CDL drug testing. PURPOSE: request to release Dr. Graham form MRO and Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Pa2:e 19 CDL drug testing responsibilities since he is not fully equipped to provide this service: Motion was made by Commissioner Ferring to approve the request. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Fening: aye; Commissioner Langellotti: aye. Motion passes. General Services Department P. Request that the Commission review the report on the Property Casualty Insurance selection process responding to a Commissioner's request at the July 8, 1996 Commission meeting, and to provide direction relative to continuance of the current coverage at amended rates. PURPOSE: to respond to the Commissioner's questions regarding the status of our Property Casualty Insurance rates and coverage. This request is also intended to allow the Commission to vote on whether to keep the League coverage by adopting the Florida League of Cities "Mini-Renewal Quote" for Fiscal year 1996-1997. or go out for bid again: _John Ketteringham, General Services Director, gave his presentation. Kurt Hayman, representative Florida League of Cities, answered questions from the Commission. Motion was made by Commissioner Langellotti to renew the Florida League of Cities Stop Loss deductible policy at a premium of $236,974.00. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring; aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. General Services Department F. Request the Commission adopt the Eight Amendment to the City of Winter Springs amended and restated Money Purchase pension Plan and Trust for the employees of the City of Winter Springs, Florida, effective October 1, 1996. PURPOSE: to allow the Commission to adopt the Eight Amendment to the amended and restated Money Purchase Pension Plan and Trust for the employees of the City of Winter Springs. Florida: Mr. Ketteringham gave his presentation. Motion was made by Commissioner Gennell to approve the amendment and to read Resolution 797 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye ;Commissioner McLeoc aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Res. 797 by titl. only. Public Works Department H. Requesting a Proclamation be issued designation October 26, 1996 as Arbor Day for the City of Winter Springs. PURPOSE: to request that a Proclamation be issued designating October 26, 1996 as Arbor Day 1996 in conjunction with a tree give away program coordinated between the B.O.W.S. Board and Public Works Department: - Re2:ula.' Meetin2: City Commission September 9. 1996 95-96-24 Pa2:e 20 Motion was made' by Commissioner Ferring to approve the issuance, of a Proclamation designating October 26, 1996 as Arbor Day. Seconded by Commissioner Gennell. Discussion. V ote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye~ Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. I~and Management Division Requesting Commission approval ofOrd. No. 625 to vacate a portion of the drainage and utility sement located along the lot line between lots 231 and 232 Tuscawilla Unit 14B (679 and 681 ,-,anadice Court) Action at the meeting of April 22, 1996 Is for the First Reading of this ordinance. The Second Reading and adoption of this Ordinance No. 625 will be at a later meeting. PURPOSE: to vacate a portion of the existing drainage and utility easement located along the lot line between lots 231 and 232 Tuscawilla Unit 14B a future request by the owner of these lots will be for a lot split of Lot 232 and to combine a portion of Lot 232 with all oflot 231 which will make this a buildable lot: Motion was made by Commissioner Ferring to approve Ord. No. 625 and to read by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennelt: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye~ Commissioner Conniff: aye. Motion passes. R. City Attorney - Frank Kruppenbacher: No Report. S. City Manager - Ronald W. McLemore: Manager McLemore stated that the Water Management Staff turned down the Lake Orienta proposal from the City of Altamente Springs. Manager McLemore said it is his understanding that the Staff will try to go back again with some revisions to the Water Management District and asked the Commission to agree to have him work with the Mayor to send a letter to the District again stating the City's objection to this. The Commission was in agreement to send a letter. U. Commission Seat II - John Ferring: Commissioner Ferring asked the City Attorney to get the Commission information regarding the RouselDuda lawsuit and how it affects the City and whether there is a viability of the City of Winter Springs going in a maquis on this. Attorney Kruppenbacher said we can't go in a maquis, that concept doesn't apply to this case and said he will give the Commission copies of the lawsuit. Commissioner Ferring asked if the Attorney can see what options the City has. Attorney Kruppenbacher said he will report back at the next meeting. Commissioner Ferring said he had brought something up at the last meeting regarding the Country Club Village pictures that he showed to the Commission and City Manager and asked what has been done in the interim period to correct those problems at the Tuscawilla Country Club. Manager McLemore stated that we have made inspections and the bridges were found to be ok, and Mr. Mikes Re2:ular Meetin2: City Commission September 9. 1996 95-96-24 Pa2:e 21 has agreed to do everything we told him to do and said there is no contentions at all with him. T. Commission Seat I - Larry Conniff: No Report. V. Commission Seat III - John Langellotti: No Report W. Commission Seat IV - Cindy Gennell: No Report. X. Commission Seat V - David McLeod: Commissioner McLeod stated he would like to appoint Roger Owen to the Commerce & Industry Development Board. Motion was made by Commissioner Conniff to appoint Roger Owen to the C.I.D.B. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff~ aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Commissioner McLeod mentioned that in order for the City to receive the monies from the County, the City needs to get the plan to the County on Beautification of Tuskawilla Road, including trees, landscaping and so forth. X. Mayor's Office - John F. Bush: Mayor Bush mentioned the letter from A.A.R.P. to the Fire Chief thanking him for the program he had put on. The meeting adjourned at 12:05 a.m. Respectfully Submitted, ?:::t:~~in~ City Clerk No Report. APP~D-VG() ,;':', ~dli":> F_ ~l4.S'~ 1'.~Ay01t..