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HomeMy WebLinkAbout1998 06 08 Consent Item F C'OMMISSION AGENDA ITE,M F Consent X Informational Public Hearings Regular June 8. 1998 Regular rvIeeting Mgr. / Dept. Authorization City Clerk F. Approval of the minutes of April 13, 1998. Approval of the minutes of April 27, 1998. REGULAR MEETING CITY COMMISSION APRIL 13, 1998 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present City Manager Ronald \J./. McLemore, present Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present Mayor Partyka announced the agenda changes: the Commission will hear Regular Agenda Item F first on the Regular Agenda. Approval of Minutes of the continuation of the March 9, 1998 meeting (held on 3-23-98); approval of minutes of the Regular meeting of March 23, 1998 and Approval of the minutes of the Special Meeting of March 30. 1998: Motion was made by Commissioner Gennell to approve the Minutes of the continuation of the March 9, March 23 and Special Meeting of March 30, 1998. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner McLeod: aye. Motion passes. Mayor Partyka recognize:d former Mayor Phil Kulbes in attendance at the meeting. Mayor Partyka commended Brook Seal and his Staff for the work they did on the Easter Egg Hunt. Mayor Partyka said that there were about 1,000 children in attendance and stated that everyone had a good time. Mayor Partyka also thanked Commissioner Blake for assisting the "Bunny". II. PUBLIC INPUT David Smith, 225 Bennett Street, asked about making Bennett Street a "Play Street". Discussion. Manager McLemore said he investigate the issue. Richard Levine, 469 MacGregor Road, with P.E.I. Homes, homebuilders and building in the Highlands. Mr. Levine stated that approximately 9 months ago the City requested that they remove the signage that they had at the entrance of the Highlands; and said from that time on they have been trying to find a solution to the problem. Mr. Levine said in January they had a meeting with the City Manager, City Attorney and Staff and said that he thought there was common ground to move forward and said as it turns out the final decision of the City is not to permit signage. Mr. Levine said during that meeting, they understood, that Staff was going to review the sign ordinance because it was determined that the sign ordinance offered a great deal of room for interpretation and said they were told that when the sign ordinance was reviewed the development community would be brought in the discussion so as to flnd a common area of agreement. Mr. Levine said in the interim they have been advertising on benches and said as soon as their advertising appeared on the bench, they were Ree;ular Meetine; City Commission April 13, 1998 97-98-27 Pae;e 2 notified by the Code Enforcement Officer that they had "X" days to remove the sign. Mr. Levine said after researching it appears that the order was rescinded and only to be followed by the item tonight to remove all benches within the City. Mr. Levine said this brings up a problem as they are prevented from any signage. Discussion. Commissioner Gennell asked that the City Manager and Staff look into this specific home marketing and to come back with recommendations if there are any. Consensus was to have the City Manager and Staff look into this, Discussion. Attorney Guthrie said he will review the recommendations. Manager McLemore said he would have this back to the Commission in 90 days. George Seely, 211 Birch Terrace, spoke regarding his displeasure with the Commission's behavior. Tom 0' Connell, President of the Tuscawilla Homeowners Association, gave the Commission a letter he sent to the project manager of the Oviedo Market Place and spoke about teens cutting through homeowners property to. get to and from the mall and asked if there was anything the Commission could do to help the situation. Discussion. Manager McLemore said he would try to facilitate a solution. Valerie El-Jan1il, 1230 MacTavandash Dr., spoke regarding the Battle Ridge property. Commissioner Martinez stated that he received two phone calls (today) from the Jaycees and the people that are involved with the bench issue and said he was told they never received any information about this meeting taking place and was told by a phone call and said they would like to come and make a proper presentation to the Commission. Motion was made by Commissioner Martinez that this issue, Consent Agenda Item F, be tabled for two weeks until they are given an opportunity to come back and make a presentation to the Commission, at which time the Commission can make a more intelligent decision. Seconded by Commissioner Miller. Discussion. Commissioner Gennell said this is in accordance with what we did for the past two years in trying to make the 434 corridor more esthetically pleasing, to up grade that re-development area and said this is one of the steps that's key to accomplishing that goal. Commissioner Blake said the agenda item does not ask for a contract and said Ute doesn't know iftabling this item will do any good and said this is a policy decision of the Commission and said he thinks the Commission has the information necessary to act. Manager McLemore said what prompted this issue to come before the Commission was that there was a proposal sent to his office to renew this contract; Manager McLemore said that under the rules that the Commission has set for that district, unless the Commission gives him other direction, there will be no renewal of that contract because the Commission has established by ordinance a set of rules that prohibits that from being done within that particular area in that district. Manager McLemore said his purpose for bringing this to the Commission was to simply surface it with the Commission and let the Commission know that he has no intfntions of renewing a contract with these people unless the Commission goes back and amends that ordinance. Manager McLemore said the Commission has stated Re2ular Meetin2 City Commission April 13, 1998 97-98-27 Pa2e 3 that they don't want off site commercial advertising going on inside the City. Manager McLemore said he is simply carrying out the Commission's direction, and the law ofthe city that the Commission has established. Vote: Commissioner Martinez: aye; Commissioner Gennell: nay; Commissioner McLeod: nay; Commissioner Miller: aye; Commissioner Blake: nay. Motion fails. Toni Dedik, Andrew Moos and Carol Halliburton; spoke in favor of the agenda item. III. CONSENT AGENDA Community Development Department/Building Division A. Requests the City Commission authorize additional funding in the amount of $8,972.00 plus a 10% contingency for the installation of a monitored Fire Alarm System and authorize the City Manager to enter into a contract with Central Florida Safe & Lock Co., to inspect and monitor the alarm system. PURPOSE: to request the Commission to authorize additional funding for the renovation of City Hall to provide a monitored Fire Alarm System. Finance Department B. Requests City Commission approval and acceptance to continue the coverage for General Liability, Personal Property and Workmen's Compo Insurance through the Florida League of Cities for the next two years with an annual premium of $261,927.00. PURPOSE: to obtain City Commission approval and acceptance of the General Liability, Personal Property and Workmen's Compo Insurance from the Florida League of Cities for the next two years at an annual premium of $261,927.00. Parks and Recreation Department C. Requests the City Commission to accept the low/best bid for construction of the Trotwood Park Multi-Purpose Building and authorize the City Manager to enter into a contract for such construction. PURPOSE: to allow the City Manager to enter into a contract for construction of the Trotwood Park Multi-Purpose Building. City Clerk D. Requests the City Commission adopt Resolution 844 approving anti-cruelty investigators and agents for the Humane Society of Seminole County, Inc. PURPOSE: to have the Commission adopt Resolution 844 approving the individuals named as anti-cruelty investigators and agents for the Humane Society of Seminole County, Inc. Public Works Department E. Requesting authorization to enter into a Contractual Agreement for street resurfacing. PURPOSE: to request authorization to enter into a Contractual Agreement with Orlando Paving Company for street resurfacing at a cost of$120,680.25 plus a 10% contingency. City Manager F. Requesting City Commission authorization to remove all bus benches on public right-of-ways Re2ular Meetin2 City Commission April 13. 1998 97-98-27 Pa2e 4 and prohibit public shelters and public seating on public right-of-ways and private property adjacent to public right-of-ways. PURPOSE: for the City Commission to authorize the removal of all bus benches on public right-of-ways and prohibit public shelters and public seating on public right-of- ways and private property adiacent to public right-of-ways. Commissioner Blake had a question on Item C: when is construction going to start on the buildings, especially the one on the trail. Manager McLemore said the one on the trail, is something we will have to negotiate, if we can get immediate delivery on the materials, we would asked that the construction start on that one first but said he doesn't know if that is possible. Manager McLemore said we sent out a bid addendum stating that the trail building be constructed first and also stated that he would like to try to have it opened for the opening ceremony and said he didn't know if it could be done but will try. Commissioner Blake had question on Item B: and asked if the City has "shopped" this. Manager McLemore said it was "shopped" 3 or 4 years ago on a very elaborate bid proposal and said that the League was chosen as part of the process. Harry Martin, Finance Director, said there were 4 or 5 agencies that put in an R.F.P., and said it was decided to go with the League because the premium was better, plus the service. Mr. Martin said we didn't do any "shopping" this time; we went to the League and said we would like to have no increase in premium and said that the League came back and gave a reduction in premium for the same coverage. Commissioner Blake asked ifthere was any change in coverage limits. Mr. Martin stated no. Manager McLemore said his recommendation to the Commission would be that as long as we can keep them (the League) price competitive and in this mode, that we would do business with them, but at the point in time where they want to increase our pricing, that is the time we should go to bid and as long as they know that's the way we are doing business then it puts a good incentive out there for them to remain competitive. Commissioner McLeod had a question on Item C: regarding the second set of restrooms, said he thinks there will be a problem negotiating the second set out at that number. Commissioner McLeod said he doesn't think the dollar value is there to reduce to that amount. Manager McLemore said ifit goes beyond that point, he would come back to the Commission for further direction. Commissioner McLeod suggested to the Commission that they authorize the City Manager up to $50,000 instead of $40,000 on that portion of the item in order for the City Manager to move forward with it (on the Trail part). Consensus to raise the amount to $50,000. Commissioner McLeod had a question on Item A: why can't the Police Department monitor this building or this building be monitored directly back to our Fire Department. Commissioner Gennell said she concurs with Commissioner McLeod, she would rather see us wired directly to our own Public Safety Department. Commissioner Martinez said he feels that the uniform forces of this City could better secure this building than any outside agency. Mayor Partyka noted that both the Fire and Police Chief recommend not directly monitoring the building. Discussion. Attorney Guthrie stated that the State of Florida adopted standard codes, and Fire Code was one of them and in there they adopted additional Fire Alarm Code that dictates the methodology involved and the personnel and equipment that is required to be in place. Ree:ular Meetine: City Commission April 13. 1998 97-98-27 Pae:e 5 Motion was made by Commissioner Gennell to approve the Consent Agenda minus Items A and F and to amend Item C to the amount of $50,000. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Discussion on Consent Agenda Item A. Motion was made by Commissioner Gennell to authorize additional funding for the installation of a monit(]lred fire system and authorize the City Manager to acquire and install the appropriate equipment and that the Police Department will monitor the system. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissinner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. Discussion on Item F. Motion was made by Commissioner Blake to approve Consent Agenda item F. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Malrtinez: nay; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. IV. INFORMA TIONAL AGENDA Community Development Department/Planning Division A. Informing the Commission that the City Staff expects to submit two (2) grant applications to the Florida Department of Community Affairs, Florida Community Trust and to the Department of Environmental Protection, Office of Greeneways and Trails in an attempt to receive grant funds to purchase land for greenspace and trails in the Town Center. PURPOSE: to inform the Commission that the City Staff expects to submit applications to two (2) grant programs in an attempt to receive grant funds for the purchase of land for greenspace and trails in the Town Center. One grant program involves the Florida Community trust P-2000 Program that would award grant funds for the purchase ofland to enhance a local or regional network oflinked greenways by extending green ways or closing gaps. A 25% match from the City is required and ownership of the lands purchased with the grant funds would be retained by the City. The other program, under the Office of Greenways and Trails, acquires land ~)r public greenspace and trails does not require a local match. The land in this program is retained in State ownership. Community Developmen1 Department/Planning Division B. Informing the Mayor and Commission that a portion of the Cross Seminole Trail, located within the new Town Center, is proposed to be relocated further east of the intersection of State Road 434 and Tuskawilla Road. PURPOSE: to inform the Mayor and Commission that City Staff is requesting the Florida National Scenic Trail/Cross Seminole Trail segment (FNST/CST) be realigned to a new location which is expected to be more beneficial to the community, the local and regional multi-use trail users and the property owners. The existing trail corridor being requested for realignment is Rel!ular Meetinl! City Commission April 13, 1998 97-98-27 Pal!e 6 located in the newly planned Town Center and occurs between North Tuskawilla Road ant the existing trail crossing and approximately 430' south on State Road 434. Community Developmc;:nt Department/Engineering Division C. Informing the City Commission of the recent status change of the City's ranking in the Community Rating System (CRS) of the National Flood Insurance Program (NFIP). PURPOSE: to inform the City Commi5:sion that the city has been upgraded by the Federal Emergency Management Agency (FEMA) from a. Class 9 to a Class 8 in the CRS program of the NFIP. Finance Department D. Requests that the City Commission review the results of the Federal Emergency Management Agency financial assistiillce to the City's response to the tornado of February 23, 1998, and the flooding associated with EI-Nino since December 25, 1997. PURPOSE: to update the City Commission on the results of the financial assistance provided to date to the City. Commissioner Blake commended Staff for their efforts in the ranking of the Community Rating System. Motion was made by Commissioner Gennell to approve the Informational Agenda. Seconded by Commissioner Miller. Discussion. V ote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion p~lsses. V. REGULAR AGENDA Community Development Department/Land Development Division F. Requests Commission approval of the First 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 33, Walden Terrace (555 Brookside Drive). PURPOSE: to have the First Reading of Ordinance No. 700 to vacate the southern seven and one-half (7 Y2) feet of that fifteen (15) foot utility easement located to the rear of Lot 33, Walden Terrace (555 Brookside Drive). A swimming pool and screen enclosure have been built into this portion of the easement: Mr. Billy Martin, Property owner and Jackie Greene, Realtor - spoke on the request. Motion was made by Commissioner Blake to approve the First Reading of Ordinance No. 700 and to read by title only. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Attorney Guthrie read Ordinance No. 700 by title only on first reading. Finance Department A. Requesting the City Commission's acceptance of the Comprehensive Annual Financial report (CAFR) for fiscal year ended September 30, 1997. PURPOSE: to have the Commission accept the Comprehensive Annual Financial Report for the fiscal year ended September 30,1997: Rel!ular Meetinl! City Commission Aoril13. 1998 97-98-27 Pal!e 7 Harry Martin, Finance Director; Michelle Adams, Accounting Manager and Ron Conrad - presented to the Mayor and Commission the City's first CAFR report. Motion was made by Commissioner Miller to approve Regular Agenda item A. Seconded by Commissioner Blake. ][)iscussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner M:cLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. Community Development Department/Land Development Division B. Presenting to the City Commission the recommendation of the Planning and Zoning Board as it relates to the proposed Development Agreement for Tuscawilla Tract 15, Parcell B. PURPOSE: for the City Commission to hold a 2nd Public Hearing to consider the recommendation of the Planning and Zoning Board as it relates to the proposed Development Agreement for Tuscawilla Tract 15, Parcel lB. Parcel IB is located at the northeast intersection of Vistawilla Drive and S.R. 434, extends eastward on the south side of S.R. 434 approximately 2,1600 feet, then south southwest approximately 450 feet, then westward approximately 2,100 feet and then north northeast to the point of beginning approximately 450 feet. THIS ITEM TABLED FROM THE MARCH 23, 1998 MEETING. NOTE: this item is being amended based upon discussions between the developer and property owners living adjacent to the development that occurred on Monday, April 6, 1998. (The amended agenda item will be available no later than Thursday, April 9, 1998 at 5:00 p.m.): Charles Carrington, Community Development Director, gave his presentation. Mr. Carrington stated that this is a second Public Hearing to consider a revised proposed Development Agreement for Tuscawilla Tract 15, Parcel I B; the Agreement contains certain enhancements, including added landscaping and a six foot masonry wall along the rear of the property, uniform ground mounted signs and a meandering si:x foot wide sidewalk along S.R. 434. Mr. Carrington said as to Lot 1, the building mounted sign shall not exceed 148 sq.ft. of copy area and the ground mounted sign shall not exceed 110 sq.ft., and the building setback shall be 49'6". Mr. Carrington said an updated version of the Development Agreement was distributed to the Commission on this date and it deletes the car wash facility from all parcels and increases building signage from 148 sq.ft., to 193.5 sq.ft. Approval is recommended for the Commission's review. Mr. Mike Jones, Attorney representing the developer, pointed out to the Commission that in the memo to the Commission from the City Manager dated April 9, 1998, that there was a slight misstatement: number 4, on page 2, "the reconfiguration of the canopy, provides for a canopy of a lesser lineal footage than the main building, acknowledging that the configuration results in a wider canopy and a movement of the building closer to the rear property line"; Mr. Jones said actually the canopy is 102 feet and the building is 90 feet, so it will be 12 foot bigger than the building, it is 160' that is proposed and it will be reduced from 160 to 112, and we confirmed that in a meeting with the Homeowners Association, and said the memo had a misstatement, that it will be 50 foot smaller, and said it will not be smaller than the building itself. Mr. Jones said they have worked close with the representatives of the Homeowners Association and said they have left enough "room" in the agreement to allow them to address concerns with the Tuscawilla Homeowners Association when they develop the adjacent properties and their concern they had regarding the beautification and the Re{!Ular Meetine: City Commission Aoril13, 1998 97-98-27 Pae:e 8 wall and so forth. Commissioner Gennell stated that she has a concern with the lighting and said there is a glare to have the lights unshielded. Commissioner Gennell said that her concern is for the 434 corridor as the Commission has attempted to design and envision it, to be not gaudy and to be tastefully done, and said by dropping down the lights, you are actually defusing very high watt lights outward and said she has not objection for bright lights shinning down where the people need them but said she thinks it is a distraction to drivers passing by and it is also a big glare. Discussion. Mr. Jones stated that this has been addressed with the Commission when this was approved and addressed this with the members of the Homeovmers Association and said one of the major factors that has been discussed with Staff is the crime and safety aspects of the well lit station and the purpose for the being well lit is so that it does deter an element of crime. Mr. Jones said the reduction of the canopy, in size, was addressed by the representatives and approved because that in fact addressed your concern about the light going back to them and because the building is higher than the canopy there will be no light back to the residents behind the station. Commissioner Gennell asked if the developer would recess the lights. Mr. Jones said no they can't and that is why they made the concession on the canopy and stated that the concern was for the residents in the rear not the people in the front. Manager McLemore said ifthe lights become a problem, then (at a point in time) we (the City) can require the owner to fix the lights if they become a safety problem. Discussion. It was the consensus to the Commission that this is not an issue. Manager McLemore mentioned that there are still a few minor site plan issues for Staffto work out with the developer and said he would like to have the authority from the Commission to resolve those things without havi.ng to come back to the Commission, unless we run into some problem. It was the consensus of the Commission to give the Manager authority to resolve the issues without having to com(: back before the Commission. Mayor Partyka opened the meeting for Public Input. There was no public input. Motion was made by Commissioner McLeod to approve Item B as noted in the recommendations by the City Manager and Staff. Seconded by Commissioner Miller. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commis,sioner Blake: aye; Commissioner Miller: aye. Motion passes. Community Development Department/Planning Division C. Requests the City Commission hold a Public Hearing to consider whether to transmit the large scale comprehensive plan amendment (LG-CP A-I-98) to Florida Department of Community Affairs, that would add a policy statement in the Intergovernmental Coordination element of the City's Comprehensive Plan on annexation into the east rural area of Seminole county. PURPOSE: the plan Ree:ular Meetine: City Commission April 13. 1998 97-98-27 Pae:e 9 amendment is intended to add to the current text of the Intergovernmental Coordination element, in Volume 2 of2 of the Comprehensive Plan, a policy statement on annexation onto the east rural area of Seminole County. Consideration of this plan amendment is prompted by the request of Seminole County. The additional language to the text requires the submission of a Large Scale Comprehensive Plan Amendment to the Florida Department of Community Affairs. THIS ITEM TABLED FROM THE MARCH 23, 1998 MEETING: Attorney Guthrie stated that Regular Agenda Item E, will be deferred until the point in time, which is the Resolution declaring all the contingencies have been filled; and said he is going to move that until the current Item C comes back for the Second Public Hearing. Regular Agenda Items C and D will be heard together. Charles Carrington, Community Development Director, gave his presentation. Mr. Carrington stated that this item is the first Public Hearing to consider transmittal of a Large Scale Comprehensive Plan Amendment to the Florida Department of Community Affairs, adding a policy statement on annexation into the east rural area of Seminole County. Mr. Carrington stated that the Local Planning Agency, on Marcy 18, 1998, recommended transmittal to D.C.A. and said that a second Public Hearing will be scheduled within 60 days of receiving the O.R.e. Report from D.e.A. Mr. Carrington said Staff is recommending approval of Regular Agenda Item C. Mr. Carrington said Regular Agenda Item D is the First Reading of Ordinance 699, which is designed to revise Ordinance 695, which is the Large Scale Comprehensive Plan Amendment dealing with the Battle Ridge property. Ord. 699, redesignates the jurisdictional wetland conservation rather than the previous classification of lower density residential. This action, if approved, fulfills all comingencies related to the Battle Ridge Annexation Ordinance No. 694; the initial zoning Ordinance No. 696 and the Development Agreement. A Second Public Hearing will be scheduled April 27, 1998. Mr. Carrington stated that Staff recommends Commission approve the First Reading of Ordinance 699 to revise Ordinance 695, to redesignate the jurisdictional wetlands as conservation on the FutUlre Land Use Map. Commissioner Blake spoke regarding an issue that was brought up at the Planning and Zoning Board meeting regarding Policy 2, under objective E in the Intergovernmental Coordination Element and read that section. Commissioner Blake stated that Gene Lein, P & Z Board Member, had some concern that the statemem (just read) didn't quite reconcile itself. Commissioner Blake said he feels it is important the it is clarified exactly what it is that the City intends to say by this statement and what is intended or not intended to do. Commissioner Blake said it is his intention to not grow the City towards the east past that urban service boundary line on the City's own, and not to move urban type development in that direction east, of the eastern boundary line of the Battle Ridge property. Commissioner Blake said. however, if a property owner that is contiguous with the City wishes to voluntarily annex into the City, to become part of the City of Winter Springs, and said he feels the City should afford them that opportunity. Commissioner Blake said the last portion of the statement (that he read earlier) and said it is important as well to make sure that everyone knows, that this Commission, has on several occasions, resolved to meet with our neighbors to discuss a joint Rel!ular Meetinl! City Commission Aoril13. 1998 97-98-27 Pal!e 10 planning area, to discuss future boundaries (in areas that we touch or may touch in the future) and said to this date that meeting hasn't taken place. Commissioner Blake said it is important to note that we, the City of Winter Springs are willing to do this and we stand ready with this change in our Comprehensive Plan on the books, and they can implement it. Commissioner Blake said he just wanted to clear the air on exactly what the language, as he believes it says. Manager McLemore said to amplify what has been stated, this does put into place those requests that the City has had from the County and said a lot of time has been spent working with Tony Matthews in regards to working out some language that everybody was comfortable with between the County and the City to do what the County wanted to accomplish and said the City has followed through with what we said we were going to do. Manager McLemore said as he mentioned (in a prior meeting) that we (Winter Springs) would take the lead on this issue on preservation of the Hammock and said now the City is in the lead like we said we would do. Tony Matthews, of Seminole County, spoke about a letter he had sent to the City Manager regarding some issues that he raised: protecting the rural area, adopting an interlocal agreement, compo plan policies, and amending the City's compo plan to establish conservation; Mr. Matthews said the City has addressed most of the issues. Mr. Matthews said along with the letter he had attached several plan policies that dealt w:lth not only intergovernmental coordination but also future land use, water, sewer and transportation. Also, along with that there was a draft joint planning agreement, which was to do an agreement in two phases. Mr. Matthews also spoke regarding volunteer annexation. Mr. Matthews recommended an option to Commissioner Blake's language based on what is here already and said the way it is now it states: "the City of Winter Springs shall not through an involuntary annexation extend it's eastern boundary beyond the urban service line..." and stated that he had initially put as amended on "_" (that was to reflect the Resolution) and said the whole first sentence would stay the same; the second sentence which begins with "the City shall reserve the right to annex..." suggested the City looks at rewriting that to say "the City shall not consider voluntary annexation requests beyond the urban service line established by the County until the City and County have adopted a joint planning agreement to define future boundaries of the City". Mr. Matthews said that is what he understood what we (County and City) wanted to do. Mr. Matthews mentioned that the County is meeting with the City of Oviedo to work out a similar joint planning agreement with them; and stated that they have had one meeting and will have more in the future. Mr. Matthews said that is his proposal that he recommends to the Commission. Discussion ensued. Mr. David Moon, Director of Planning for the City of Oviedo, gave the Mayor and Commission a letter from the City of Oviedo's Council Chairman, and read the second paragraph of the letter, which stated: "the City Council of Oviedo requests that the City of Winter Springs not annex the Battle Ridge property or assign a land use different than that currently assigned by Seminole County's Small Area Study, and Comprehensive Plan. Reasons supporting Oviedo's position have Ree:ular Medine: City Commission April 13. 1998 97-98-27 Pae:e 11 previously been submitted for the record at other hearings held by the City of Winter Springs. Annexation of Battle Rldge in the City of Winter Springs, is not in the best interest of either your community or the City of Oviedo". Mr. Moon asked the Commission to take into consideration the letter as well as the othe:r documents (submitted in the past) that the City of Oviedo has presented to the Commission." Mayor Partyka closed the Public Hearing. Commissioner Martinez said in reference to the letter just presented to the Commission, stated currently in the County's small area study and Comprehensive Plan, it states clearly that this land can be used with three different densities of residential uses, commercial and industrial. Commissioner Gennell stated that she has been opposed to the whole concept since the beginning and said she doesn't think the City of Winter Springs belongs on the other side of the Greene W ay when the City has things inside (the City) that needs to be taken care of a lot quicker. Motion was made by Commissioner McLeod to approve Agenda Item C. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: nay; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: nay; Commissioner McLeod: aye. Motion passes. Community Development Department/Planing Division D. Requests the City Commission hold a First Public Hearing and approve for adoption Ordinance 699 to revise Ordinance: No. 695 to redesignate the jurisdictional wetlands for the Battle Ridge Property from "Lower Density Residential" to "Conservation" on the Future Land Use Map. PURPOSE: to request the Commission hold a First 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" (l 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. THIS ITEM TABLED FROM THE MARCH 23, 1998 MEETING: Motion was made by Commissioner Blake to read Ordinance 699 by title only on first reading. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Gennell: aye. Motion passes. Attorney Guthrie read Ordinance 699 by title only on First Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked if anyone present wished to speak. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Commissioner Gennell stated that she is going to oppose this because it is in conflict with the Small Reeular Meetine City Commission Aoril13. 1998 97-98-27 Paee 12 Area Study and said she doesn't think the City should be doing this. Motion was made by Commissioner Blake to move Ordinance 699 on to Second Reading. Seconded by Commlissioner McLeod. Discussion. V ote: Commissioner Miller: aye; Commissioner McLe(]id: aye; Commissioner Gennell: nay; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Community Development Department/Planning Division E. 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), and 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. THIS ITEM TABLED FROM THE MARCH 23, 1998 MEETING: Mayor Partyka stated that this item is withdrawn from the agenda. Attorney Guthrie stated that this will come back and will acted upon, presented to the Commission when Ordinance No. 699 comes back for second reading. Mayor Partyka called a recess at 9:00. Mayor Partyka reconvened the meeting at 9:12 p.m. Community Development Department/land Development Division G. Presenting to the Commission the recommendation of the Districting Commission as it relates to the redistricting of the City and to request approval of the First 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 First Reading of Ordinance No. 701: Motion was made by Commissioner Martinez to approve the first reading of Ordinance No. 701 and to read by title only. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Commissioner Miller absent from the dias for the vote. Motion passes. Attorney Guthrie read Ord. 701 by title only on First Reading. Commissioner Blake thanked Donald LeBlanc and the Districting Commission for the good job that was done. Motion was made by Commissioner McLeod to move Ord. 701 on to Second Reading. Seconded by Commiss:ioner Miller. Discussion. Vote: Commissioner Miller: aye; Ree:ular Meetine: City Commission Aoril13. 1998 97-98-27 Pae:e 13 Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. City Manager H. Requesting the Commission review various options for the Commission Chambers' audio visual system. PURPOSE: to provide the City Commission with various options for the Commission Chambers' audio visual system, and request the Commission review the various options and select the option deemed most appropriate. THIS ITEM TABLED FROM THE MARCH 9, 1998 MEETING: Joanne Dalka and John Drago gave their presentation. Discussion. Motion was made by Commissioner Gennell to approve Option #4, for $21,868.56 plus 10% contingency. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. Police Department I. Requesting the Commission review recommendations from meeting the needs for vehicles due to the additional personnel approved by prior Commission action. PURPOSE: to provide the Commission with information and a recommendation for acquiring additional vehicles to meet the needs for the Police Department in light of the addition of eight Police Officers under the Universal Hiring Grant: Police Chief Kerr gave his presentation and said that he would like to purchase eight Plymouth Breezes. Discussion ensued. Paul Finnegan, spoke regarding looking at a motorcycle unit. Motion was made by Commissioner Martinez to approve the purchase of eight vehicles and that the vehicles be purc:hased as needed and also to use Grant monies if possible. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Bla:ke: aye; Commissioner Gennell: aye; Commissioner Martinez: aye. Motion passes. City Manager - ADD-ON 1. Requesting the Commission to determine street lighting policy relative to the Tuscawilla Assessment District, and to review and approve the Assessment District Report from the City's Assessment Consultants. PURPOSE: to have the Commission establish its policy relative to funding the cost of street lighting in the Tuscawilla Assessment District and to adopt the Assessment District Report prepared by G.S.G: Manager McLemore gave: his presentation. Ree:ular Meetine: City Commission Aoril13.1998 97-98-27 Pae:e 14 Discussion ensued. Motion was made by Commissioner Blake to adopt the use of concrete poles with 100 watt cobra fixtures in areas that have underground wiring; and the use of wood poles with 100 watt cobra fixtures in areas that have above ground wiring and that this is the standards as a base for an upgrade, only for beautification districts. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye; Commissil[)ner McLeod: aye; Commissioner Gennell: aye. Motion passes. Motion was made by Commissioner Blake to set the preliminary assessment rate for the Tuscawilla Beautificatiion Improvement Assessment District at $105.00 per year. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Gennell: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. REPORTS A. City Attorney - Frank Kruppenbacher: No Report. C. Commission Seat III Ed Martinez. Jr.: Commissioner Martinez mentioned the request from children (last year) regarding a skateboard park and stated that a House Bill has passed removing the liability to local governments and is going onto the next step and stated that he is hopeful that if this passes the City will provide an area for the children for skateboarding. Commissioner Martinez mentioned his recent stay in Alabama (for FEMA) and talked about local mitigation strategies. D. Commissioner Seat IV - Cindy Gennell: Commissioner Gennell asked the Commission who will be attending a breakfast on Thursday mornIng. Commissioner Gennell said in the minutes from March 30, 1998, page 4, where Attorney Guthrie read a statement into the record, it says "see attached" and said that this is not the first time there is nothing attached. The Ci1y Clerk explained that the attachments are with the original minutes in the vault and explained that if anyone wants a copy of the minutes the attachments go with the copy. Commissioner Gennell said she had heard of a device that is placed under a stove hood and if there is a fire, it automatically opens and omits a powder to put out the fire; and stated that a City's Fire Department is giving away these devices and asked the City Manager to have the Fire Chieflook into this. Commissioner Gennell asked about the final results of the Spring Fest. Manager McLemore said the results were not good and that he will bring back the details to the Commission following his Regular Meeting City Commission April 13. 1998 97-98-27 Page 15 meeting with Mountain View Production. Commissioner Gennell asked about annexing property on the other side of the Spring Hammock. Commissioner Gennell stated that while she was in Tallahassee, the Florida League of Cities new building has a time capsule and said she had the City's town center design put into the time capsule. Commissioner Gennell asked the status of the inventory. Manager McLemore said it is almost complete. Commissioner Gennell asked to have Stafflook at the light criteria along the S.R. 434 corridor. Commissioner Gennell asked about the letter from School Board Member Bob Goff. E. Commissioner Seat V - David McLeod: No Report. F. Commission Seat I Robert S. Miller: Commissioner Miller a~:ked the status of the S.R. 434 Redevelopment District. Discussion. It was determined that this will be an agenda item relative to getting started on a pilot area in the redevelopment district. Commissioner Gennell mentioned that the City who is giving away the devices she spoke about was the City of Casselberry. G. Commission Seat II - Michael S. Blake: Commissioner Blake mentioned that he was with someone from the Chicago area that had heard about the City's Town Center on an airplane. Commissioner Blake said it was good to see the Firefighters picking up trash along S.R. 434 on Saturday. Commissioner Blake said there are currently two communication towers on City Hall property and said one needs to be gotten rid of. Manager McLemore said he has a list of vendors to get proposals for the removal of the old tower. Commissioner Blake said he has not received the quarterly investment report from the retirement fund and said the Commission was to get the reports quarterly. Commissioner Martinez reminded the Commission of the City's blood drive on Friday April 17, 1998. H. Mayor's Office - Paul P. Partyka: Mayor Partyka also reminded the Commission and those present of the blood drive on Friday. Rel!ular Meetinl! City Commission April 13. 1998 97-98-27 Pal!e 16 B. City Manager - Ronald W. McLemore: Manager McLemore mentioned that there will be a 30 minute up-date on Informational Services at the next meeting. Discussion on the items for the workshop on April 20. 1998. The items to be discussed will be: Commission policies and procedures, flood plain ordinance, arbor ordinance, the Code of Ordinances and the City Manager's evaluation process. Discussion on the time :fi)r the workshop. It was determined that the workshop will start at 5 :30 p.m. The meeting adjourned at 10:55 p.m. Respectfully Submitted, Margo M. Hopkins, City Clerk APPROVED: PAUL P. PARTYKA, MAYOR REGULAR MEETING CITY COMMISSION APRIL 27, 1998 The Regular Meeting of1he 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 Gelmell, 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. Ree:ular Meetine: City Commission April 27. 1998 97 -98-28 Pae:e 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 of the City Commission between Seminole County, the School Board of Semi noli;: 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 a~: 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 de::;ign of master systems for Stormwater Management, Water Distribution, Wastewater Collection and Wastewater Transmission for the Winter Springs Town Center with Conklin, Porter & Holme::; 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 Ree:ular Meetine: City Commission Aoril27. 1998 97-98-28 Pae:e 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 of3-9-98 as amended). Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissi.oner 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 :;aid that at the 3-9-98 meeting, Mr. Seal stated that it would cost the City $5,000 in expenditures for expipment 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 Staff has 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 arraingements. 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 tallents, 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. Re2ular Meetin2 City Commission Aoril27. 1998 97-98-28 Pa2e 4 Commissioner Blake stated that when the Commission approved this item, the Commission agreed to the tems that the City would receive $5,000 (gurantee) and 10% gate revenues; and said the fact of the matter is the park was unavable 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 (personnell and equipment), and said if the City agrees to take $3,000, the City will be loosing $2,000 to subdize a profit for an orgazination 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 if the City is trying to partner/promote private enterprise, some tallents/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 knowling 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. Commissiolller Genne)) said she would like to ask (and if the 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 Gennelllllsked 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 sev<<~n days that they occupied certain spaces in the park. Commissioner Gennell said the Commi!;sion was told that the passave area would open for parking and said she had taken the opportunity to go to the passave area and look around and said she was surprised to see that there were a dozen different sorts of motor homes camping out there, Re2:ular Meetin2: City Commission Auril27. 1998 97-98-28 Pa2:e 5 including pets, hooked up to the City's electricty and water. Commissioner Gennell asked if the water was metered ~lt that location and if the electric was metered - seperatly 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 passave 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 differenc between the last few months electric and water bills. Mr. Seal said he included in his estimate the use ofthe 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 levents 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 ifit still is the Commissions goall to try to use the private sector (through a partnership) to look and search way to create reclreation 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 comp:any 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 caluclations of what it costs the City. Ref!ular Meetinf! City Commission Aoril27.1998 97-98-28 Paf!e 6 Commissioner Blake stat1ed 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 acception that Item E is actually more money than the City spent last year, but with regards to Item B, they an: establishing another group which is going to have to have somebody from our Staff attending it, another layer ofbureauacy (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- T AC committee, and said everybody has to send a member and said we are opening the door for another level ofbureaucy 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 of talking 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 orignated years ago, in the 1970's by the Council of Local Governments, (when they were scattered far and wide) to get in better harnlony with each other and said this has been revised and upgraded two or three times and each time h 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 subjuct to approval by thi:) P- T AC 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 bascially 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 acheive that. Manager McLemore said the County sent over (last year) the first draft of this, which we thought was Ref!ular Meetinf! City Commission April 27. 1998 97-98-28 Paf!e 7 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-TAC may be assigned duties and responsibilities by unaminous agreement of the parties" and asked which parties. Manager McLemore said the way he preseves 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 functoning 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 mearly advisory, advisory only to the City Managers, the City Commissions and similar bodies of the County . Commissioner Gennell a~;ked the Attorney if the meetings are open and will there be minutes. Attorney Guthrie said if the Committee is purly 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, if's automatically renewable for sucessive 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 futher, does it get into a more binding type of thing. Attorney Guthrie sadi 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 of the last sentenance 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 unaminously 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. Motion passes. Re2ular Meetin2 City Commission April 27. 1998 97-98-28 Pa2e 8 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 orgazinational 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 perment "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 corrdinate 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 anywhe:re unless someone or some entity has the pivital position responsiblitiy 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 of the 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 acheived by having peopk 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 offunds 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 O[}mmissioner Miller to table Consent Agenda item E. Seconded by Commissioner Blake. Diiscussion. Vote: Commissioner Gennell: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: nay; Commissioner McLeod. Motion Ree:ular Meetine: City Commission Aoril27. 1998 97-98-28 Pae:e 9 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. lJIiscussion. Vote: Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Gelllnell: aye; Commissioner Miller: aye; Commissioner Martinez: aye. Motion passes. IV. INFORMA TIONAL 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 Gennel!. 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 Commis:~ioner 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 10 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 Martine;~. Discussion. Vote: Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner Miller: aye; Commissioner Martinez: aye. Motion passes. V. REGULAR AGENDA Community Developmenit 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 Corrdintor, stated that this action is in response to the Ree:ular Meetine: City Commission April 27. 1998 97-98-28 Pae:e 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 cateorigize 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 Itm 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. V ote: 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 val;ate the southern seven and one-half (7 ~) 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 enc!losure 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 Commis~iioner 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 Martine2:: 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 distri.ct boundaries reflecting the February I, 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 of the 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 ofTuscawilla 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 Gennell: aye; Commissioner Miller: aye. Motion paS!ies. 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 Ordinanee No. 695 be transmitted to the Department of Community Affairs as required hY..- Chapter 163, Florida Statutes: Re2ular Meetin2 City Commission Aoril27. 1998 97-98-28 Pa2e 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: City Clerk - ADD-ON G. Is reporting the results of the Tuscawilla Beautification Assessment District; City Manager requesting the Commission to determine if the Commission desires to move forward with implementation of the as~;essment 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. VI. REPORTS A. City Attorney - Frank Kruppenbacher B. City Manager - Ronald W. McLemore C. Commission Seat IV - Cindy Gennell D. Commission Seat V - David McLeod E. Commission Seat I - Robert S. Miller a) Appointment to the Commerce & Industry Development Board to replace Bill Hatfield, who resigned. F. Commission Seat II - Michael S. Blake G. Commission Seat III - Ed Martinez, Jr. H. Mayor's Office - Paul P. Partyka a) Appointment to the Board of Trustees (Pension Board) to replace Larry Nadrowski who resigned. J. Adjournment. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department ADA Coordinator, 48 hours in advance of the meeting at (407)327-1800. Persons are advised that if they decide to appeal any decision made at these meetings/hearings they will need a record of the proceedings and for such purpose, they may need to insure that a verbatim record ofthe proceedings is made which record includes the testimony and evidence upon which the appeal is to be based per Section 286.0105 F.S.