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HomeMy WebLinkAbout1999 07 26 Consent Item E COMMISSION AGENDA ITEM E Consent X Informational Public Hearings Regular July 26. 1999 Regular Meeting Mgr. / Dept. Authorization CONSENT E. City Clerk's Office Approval of the Minutesfor the Regular Meeting of July 12,1999. ) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JULY 12, 1999 I. CALL TO ORDER The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:34 p.m. Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, present There was a moment of silent prayer, followed by the Pledge of Allegiance. Commissioner Michael S. Blake spoke of a Public Hearing that was to be heard tonight at the City of Oviedo, regarding the addition of a Sears (Auto) location. MOTION BY COMMISSIONER BLAKE TO PUT THIS MATTER ON THE AGENDA. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. City Manager Ronald W McLemore, arrived at 6:34 p.m. The Commission discussed the location of this planned auto store to homes in the Winter Springs area; noticing the Department of Community Affairs; a letter that had previously been sent; sending a staff member to the City of Oviedo; and the potential noise impact from such a project. Discussion. MOTION BY COMMISSIONER BLAKE, "TO HAVE THE CITY MANAGER DIRECT STAFF TO GO TO THE CITY OF OVIEDO AT THIS EVENING'S PUBLIC HEARING MEETING AND ADDRESS THEIR COMMISSION REPRESENTING OUR OBJECTION TO THE PLACEMENT OF THE SEARS AUTO CENTER AT THE ROUSE (DRI) PROJECT AGENDA. SECONDED BY CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JULY 12, 1999 PAGE 2 OF 20 COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Presentations: Mayor Partyka and Fire Chief Tim Lallathin presented Fire Department Employee William V Meyer (Firefighter/Engineer) a plaque for his 25 years of service to the City of Winter Springs. Mayor Partyka read the wording on the plaque into the record, "It's a shield, and it says- presented to Firefighter/Engineer William V Meyer in appreciation for twenty-five (25) years of loyal and dedicated service to the City of Winter Sf/rings Fire Department, Active member since 1974 - Employment date - February 3r, 1975 through July ih, 1999 ". II. PUBLIC INPUT Donna Durbin, 1158 Talmo Street, Winter Springs, Florida: was concerned with construction at Golf Terrace Apartments, and asked that a wall be built. Lillian Spanglo, 1162 Talmo Street, Winter Springs, Florida: spoke on the proble~s and extreme noise with the construction at Golf Terrace Apartments. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: spoke about an employee who was joy-riding on neighborhood property; not picking up rocks; and straddling a water main - asked about the employee's driving record, and whom the employee is. Brief discussion. Thomas Gekus, 15 Oak Lane, Winter Springs, Florida: also asked about a wall at Golf Terrace Apartments. In addition, he asked about annexing into the City of Winter Springs, and inquired what the City has to offer. Mayor Partyka asked that Mr. Gekus call Manager McLemore for further information, over the next couple of days. III. CONSENT A. City Attorney Requesting the Commission to Increase the Authorization for Attorney Bruce Blackwell from $60,000 to $75,000. B. Public Works Department CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 1999 PAGE 3 OF 20 Requesting Authorization to Enter into a Contractual Agreement for Traffic Calming Improvements. C. Utility Department Requesting Authorization to Enter into a Contractual Agreement for Water Treatment Plant #2 Aerator Replacement. D. City Clerk's Office Approval of the Minutes for the Special Meeting of March 16, 1999. E. City Clerk's Office Approval of the Minutes for the Regular Meeting of May 10, 1999. F. City Clerk's Office Approval of the Minutes for the Regular Meeting of May 24, 1999. G. City Clerk's Office Approval of the Minutes for the Regular Meeting of June 14, 1999. H. City Clerk's Office Approval of the Minutes for the Meeting of June 22, 1999, Which was the Continuation of the June 14, 1999 Regular Meeting. I. City Clerk's Office Approval of the Minutes for the Regular Meeting of June 28, 1999. The Commission discussed Consent Agenda Item "B", in terms of the difference between the two bids; references; criteria for the bidders; bid amounts; the order of the work to begin; and bid bond information. The Commission requested a higher level of assurance, and it was suggested that Wade Street be done first. "I MOVE TO APPROVE THE CONSENT AGENDA". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JULY 12, 1999 PAGE 4 OF 20 IV. INFORMATIONAL A. City Manager Requests the City Commission Discuss Who the City Clerk's Office is Directly Responsible To; in Addition to Considering Resolution Number 740 Which Establishes the Rules for the Conduct of its Business. There was brief discussion on postponing this Agenda Item. "I MAKE A MOTION WE POSTPONE INFORMATION ITEM "A", UNTIL OUR NEXT REGULARLY SCHEDULED MEETING". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE COMMISSIONER BLAKE: A YE. COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. V. PUBLIC HEARINGS A. Community Development Department - Planning Division Requests the Commission Hold a Public Hearing for a Second Reading and Adoption of Ordinance 724 on a Proposal to Adopt the GreeneWay Interchange District Large Scale Comprehensive Plan Amendment. There was brief discussion on postponing this Agenda Item. . "I'D LIKE TO MAKE A MOTION THAT WE POSTPONE PUBLIC HEARINGS ITEM "A" UNTIL THE FIRST MEETING IN AUGUST - I BELIEVE THAT IS AUGUST 9TH, FOR CONSIDERATION AT THAT TIME". MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. B. Community Development Department - Planning Division Requests the City Commission Hold a Public Hearing for a Second Reading and Adoption of Ordinance 725 to Adopt the GreeneWay Interchange Zoning District Text and Map. There was brief discussion on postponing this Agenda Item. "REQUEST TO POSTPONE", (BASED ON THE SAME CRITERIA AS THE ABOVE RELATED AGENDA ITEM). "I'LL MAKE THAT MOTION". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 1999 PAGE 5 OF 20 MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. "MY MOTION WOULD BE TO DIRECT THE CITY MANAGER AND THE CITY ATTORNEY TO EXPLORE THE AGREEMENT, EXTENDING THE AGREEMENT THAT THEY HAVE WITH MISSY CASSCELLS, SO THAT WE DON'T GET PUSHED UP AGAINST A TIME LIMIT WHERE IT JEAPORDIZES HER AGREEMENT WITH US, WHICH SHE IS VERY CONCERNED ABOUT". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. Commissioner Michael S. Blake added that he hoped that this would be taken care of, sooner than later; especially in regards to the mailing of packages. VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. C. Community Development Department - Planning Division Requests the City Commission Hold a Public Hearing for the Second Reading and Adoption of Ordinance 727 to Designate the Wofford/Slappey Property (7.558 Acres) on the Future Land Use Map "Commercial". Attorney Guthrie read by "title only". Mayor Partyka opened the meeting to "public input. There was no input from the public. The "Public Input J) portion of the meeting was closed. "I MAKE A MOTION THAT THE CITY OF WINTER SPRINGS ADOPTS ORDINANCE 727, CHANGING LAND USE FROM "SUBURBAN EST A TES" TO "COMMERCIAL" ON THE WOFFORD/SLAPPEY PROPERTY". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JULY 12, 1999 PAGE 6 OF 20 D. Community Development Department - Planning Division Requests the City Commission Hold a Public Hearing for First Reading and Consideration of Ordinance 728 to Designate the Wofford/Slappey Property (7.558 Acres) on the City's Zoning Map C-l "Neighborhood Commercial" Zoning District. MOTION TO READ BY TITLE ONL Y. "SO MOVED". MOTION BY COMMISISONER BLAKE. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Attorney Robert Guthrie and the Commission discussed zoning designation and advertising. Attorney Guthrie read the Ordinance by "title only". "I'D LIKE TO MAKE A MOTION THAT WE POSTPONE THIS FIRST READING UNTIL AFTER SOME BREAK THIS EVENING, WHEN STAFF CAN GET TOGETHER ON THIS AND FIND OUT, WHETHER OR NOT THIS WAS ADVERTISED AS "C-l" OR "C-2" PROPERTY". MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. E. Community Development Department - Planning Division Requests the Commission Hold a Public Hearing for the Second Reading and Adoption of Ordinance 729 to Expand the S.R. 434 Corridor New Development Overlay Zoning District to Include the 7.558 Acres Wofford/Slappey Property. Attorney Guthrie read the Ordinance by "title only". Mayor Partyka opened the meeting to "public input. There was no input from the public. The "Public Input J) portion of the meeting was closed "MAYOR, I MAKE A MOTION THE COMMISSION OF WINTER SPRINGS ADOPTS ORDINANCE 729 EXTENDING THE STATE ROUTE 434 CORRIDOR NEW DEVELOPMENT OVERLAY ZONING DISTRICT TO INCLUDE THE WOFFORD/SLAPPEY PROPERTY". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JULY 12, 1999 PAGE 7 OF 20 There was discussion on comments made by the Planning and Zoning Board/Local Planning Agency; incorporating a Developer's Agreement; and the zoning category. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. F. Community Development Department - Code Enforcement Division Requests the City Commission Hold a Public Hearing for the First Reading of Ordinance 731 to Amend the City Code that Deals With Commercial Vehicle Parking in Residential Areas. Attorney Guthrie read Ordinance 731 in it's entirety. Tape I/Side B Mayor Partyka opened the Public Input portion of the Meeting. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: spoke about lots that are five acres in size; horse trailers; and utility vehicles. The Public Input portion of the Meeting was closed The Commission discussed visibility from rights of way; sheds; horse trailers; the average size of lots; dual tire pickups adhering to this Ordinance; zoning; acreage for horses; not changing the character of the rural community of the Ranchlands; minimum of one (1) acre for horses; road design; exceptions; and utility vehicles. Further discussion ensued regarding giving additional time to those persons to build additional shelters; an effective date; site trailers; company cars; and charging for permits or eliminating permit fees. COMMISSIONER BLAKE STATED, "MAYOR, I'D LIKE TO MAKE A MOTION THAT WE AMEND THE LANGUAGE OF ORDINANCE NUMBER 731 REGARDING CERTAIN EXEMPTIONS OF THE PARKING OF COMMERCIAL VEHICLES IN THE CITY OF WINTER SPRINGS TO WIT IN SECTION 20-437. [EXEMPTED VEHICLES] WE CHANGE THE WORD "OF" OR RATHER "TO", TO THE WORD "OR" IN DISCUSSING GOVERNMENT VEHICLES THAT ARE ALLOWED IN THE SECOND LINE WHERE IT SAYS HEALTH OR WELFARE PURPOSES, AS DETERMINED BY THE CITY". COMMISSIONER BLAKE CONTINUED, "IN SECTION 20-435., I WOULD MAKE THE MOTION THAT WE AMEND IT TO BE SECTION 1 REGARDING UTILITY VEHICLES TO BE ALLOWED IN PROPERTIES - UTILITY VEHICLES USED FOR THE MAINTENANCE AND CARE, TO BE STORED ON CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 1999 PAGE 8 OF 20 THAT PROPERTY WHICH IS THAT PROPERTY OF ONE ACRE OR GREATER IN SIZE, THEN PUT IN THE APPROPRIATE SCREENING LANGUAGE, CARRY THAT FORWARD, THAT IT MUST BE APPROPRIATELY SCREENED FROM THE RIGHTS OF WAY AND NEIGHBORING PROPERTIES, AND THE SECOND SECTION WOULD READ; HORSE TRAILERS OF ANY LENGTH ARE PERMITTED WITHIN ANY PARCEL -" MAYOR PARTYKA ADDED (TO THE MOTION): "ZONED, ONE (1) ACRE OR MORE". COMMISSIONER BLAKE CONTINUED WITH THE MOTION "AND PERMITTED FOR HORSES, AND THEN AGAIN WITH THE APPROPRIATE SCREENING LANGAUGE". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. "MAYOR, I'D LIKE TO MAKE A MOTION TO HAVE THE ATTORNEY READ THE ORDINANCE AS AMENDED, ORDINANCE NUMBER 731, BY TITLE ONLY". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: A YE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Attorney Guthrie read the Ordinance by "title only". MOTION TO "MOVE IT ON". "SO MOVED". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISISONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Mayor Partyka called a recess. The Meeting was called back to order by Mayor Partyka. AGENDA CHANGE: THE COMMISSION DECIDED TO HEAR THE CONCLUSION OF PUBLIC HEARING AGENDA ITEM "D", FOLLOWED BY REGULAR AGENDA ITEM "A", AND THEN REGULAR AGENDA ITEM "F". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 1999 PAGE 9 OF 20 v. PUBLIC HEARINGS D. Community Development Department - Planning Division Requests the City Commission Hold a Public Hearing for First Reading and Consideration of Ordinance 728 to Designate the Wofford/Slappey Property (7.558 Acres) on the City's Zoning Map C-l "Neighborhood Commercial" Zoning District. Note: this Agenda Item was partially heard earlier during this meeting. MOTION TO TAKE IT OFF THE TABLE. "SO MOVED". MOTION AND SECOND. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Attorney Guthrie stated that this would accurately be treated as a Second Reading. Attorney Guthrie read the Ordinance by "title only". Mayor Partyka opened the Public Input portion of the Meeting. There were no public comments. The Public Input portion of the Meeting was closed The Commission discussed utility easements; a timeline for the installation of the utilities; and the railroad right-of-way. "I MAKE A MOTION FOR THE CITY OF WINTER SPRINGS TO ADOPT ORDINANCE NUMBER 728 AT THIS SECOND READING, CHANGING THE ZONING CLASSIFICATION FROM COUNTY A-I 'AGRICULTURE', TO CITY C-l 'NEIGHBORHOOD COMMERCIAL', THE PROPERTY SO NOTED". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 1999 PAGE 10 OF 20 VI. REGULAR A. Community Development Department - Land Development Division Requests Commission Approval of the Final Engineering for the Parkstone PUD, Unit VI. Mr. Don LeBlanc, Land Development .Coordinator, introduced this item. The Commission and Mr. LeBlanc discussed Unit VI being detached; the approval of preliminary engineering; that Unit VI was not part of the preliminary engineering; is the City following the appropriate rules and procedures; buffers; wetlands; and a three to one location ratio. Mr. David Kelley with Don McIntosh and Associates: addressed the Commission's concerns with lot run-offs and potential damage to Lake Jesup. There was further discussion on the covenants related to this phase; what the average lot size was; if there were any changes to the engineering; City Codes; the 81. Johns River Water Management District; potential alterations to the floodway; the forty (40) lots along the lake; additional stress on the wetlands; and individual docks versus a community dock. Mr. John Odum, Development Manager with Centex Homes: explained that if a property owner can get a permit from the 81. Johns River Water Management District to build a dock, then yes, a dock would be permitted. Discussion ensued on undisturbed lots; conservation areas; depths of the treelines; tree surveys; taking photographs of each lot prior to building; tree surveys; the three to one location ratio; changes in elevation; pollution; buffers; conservation areas; and grade. Tape 2/Side B There was further discussion on lots draining into the street; ratios on the uplands buffer; heights of buffers; erosion control; berms; and redirecting the water, prior to going into the lake. Commissioner Edward Martinez, Jr. asked Manager McLemore to require Mr. LeBlanc to provide him with copies of the original engineering. The Commission further addressed the issue of the Commission legislating this very soon; protecting the shoreline of Lake Jesup; and doing this very soon to protect the shoreline. "I'LL MAKE A MOTION THAT WE APPROVE FINAL ENGINEERING". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JULY 12, 1999 PAGE 11 OF 20 BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: COMMISSIONER MARTINEZ: NAY; DEPUTY MAYOR GENNELL: COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: MOTION CARRIED. AYE; AYE; AYE. AGENDA CHANGE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER THEY WERE DISCUSSED. E. City Manager Requests the Commission Consider a Request from the Winding Hollow Homeowner's Association Related to Final Engineering for the Winter Springs Park Improvement Program Specifically as it Relates to Winding Hollow Park. Manager McLemore introduced this Agenda Item to the Commission. Mr. W Michael Dennis, Ph.D., Senior Scientist (and President) with Breedlove, Dennis, & Associates, Inc.: spoke on the planned conservation area and the merits of this planned nature walk; and preserving and enjoying environmentally planned areas. Mr. Andy Williams, Project Engineer with Starmer Ranaldi, Inc.: discussed some revisions to the planned trail; the flexibility of the proposed trail; preventing criminal activity; and where the planned trail should be in proximity to property lines. Mayor Partyka opened the Meetingfor Public Input. Ron Lighhart, 1036 Winding Waters Circle, Winter Springs, Florida: stated he was opposed to the Trail; and bought into this area for the treeline. He also spoke of drug use. Barbara Becker, 1066 Winding Waters Circle, Winter Springs, Florida: thought that the money apportioned for this could better be used for other trails, and was against the trail. Doug Barry, 1006 Winding Waters Circle, Winter Springs, Florida: wanted to go on the record that he "strongly opposes" the planned trail, and he spoke of permitting; previous owners; and liability. Richard Grassa: 1054 Winding Waters Circle, Winter Springs, Florida: addressed unlawful activity; fires; litter; opposed this proposed plan; and the 162 persons surveyed who were in opposition. Pat Kaltenbach, 1200 Winding Chase Boulevard, Winter Springs, Florida: was concerned with increasing traffic; safety; fires; and strongly opposed this trail. Lori Anderson, 359 Twelve Oaks Drive, Winter Springs, Florida: said 'just going on record that we oppose the trail". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JULY 12,1999 PAGE 12 OF 20 Patricia Stimmel, 346 Twelve Oaks Drive, Winter Springs, Florida: said that she was also told that this was to be a conservation area. Carol Steinmetz, 1218 Winding Chase Boulevard, Winter Springs, Florida: stated she was strongly opposed to the trail for many reasons; and asked why was it so important to build a four (4) mile trail of mulch. MOTION TO EXTEND THE MEETING. MOTION AND DISCUSSION. VOTE: COMMISSIONER MARTINEZ: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: MOTION CARRIED. SECOND. AYE; AYE; AYE. Roger Cooper, 313 Twelve Oaks Drive, Winter Springs, Florida: stated that he likes to take walks, and supports the planned park. Tape 3/Side A Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: spoke in behalf of the planned park; and asked if it was a crime to use a park after dark. Discussion. Attorney Guthrie agreed that the City should set specific hours. Howard Casman, 1076 Winding Waters Circle, Winter Springs, Florida: was against it, and spoke of a petition with signatures against the planned trail. Dawn Shrewsbury, (potentially building at) 1222 Winding Chase Boulevard, Winter Springs, Florida: said that she jogs and loves nature; but was concerned with privacy and safety issues. Ms. Shrewsbury stated that "We're opposed to it, and we will pull out if the trail goes through". Bob Becker, 1066 Winding Waters Circle, Winter Springs, Florida: stated that he was opposed to the trail. Kent McMillan, 1038 Winding Waters Circle, Winter Springs, Florida: advised the Commission that he was offended that he did not know (for more than two years) what was planned for this area. Gregory Coats, 1014 Winding Waters Circle, Winter Springs, Florida: advised the Commission that he was strongly opposed to the Trail. Trudy Dombrowski, 122 Brookshire Court, Winter Springs, Florida: spoke in opposition to the trail; and said that the input from the residents should be considered, and he also spoke of safety and privacy issues. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 1999 PAGE 13 OF 20 Randall Dombrowski, 122 Brookshire Court, Winter Springs, Florida: stated that he was opposed to the trail; and suggested that the funds be used for other trails. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: spoke of passive parks; park committees; and supported this project. Leah Wiseman, 113 Brookshire Court, Winter Springs, Florida: spoke in support of the planned parks and presented a video showing Bear Creek Park. Ms. Wiseman further stated that privacy would not be affected in Winding Hollow. Don Hyland, 1012 Winding Waters Circle, Winter Springs, Florida: stated for the record that "My wife and I are totally opposed to the nature trail". Michael Normand, 209 Springview Court; Winter Springs, Florida: spoke against the trail; and also addressed the issues of privacy; safety; and standing water. Mike Share, 1022 Winding Waters Circle, Winter Springs, Florida: was opposed to the trail, and was concerned with safety and traffic issues. Resee Collins, 1101 Audubon Way, Maitland, Florida: was affiliated with the Audubon Society and spoke about her concern with the bald eagle nests that are in this easement area. Ronald Gasho, 310 Twelve Oaks Drive, Winter Springs, Florida: spoke in opposition to the trail. Maynard Zettler, 109 Inwood Court, Winter Springs, Florida: spoke on behalf of the Homeowners Association, and thanked the Commission for hearing their concerns. He personally had "no comment". Linda Pedicone, 308 Twelve Oaks Drive, Winter Springs, Florida: was opposed to the trail. Richard Kress, 1042 Winding Waters Circle, Winter Springs, Florida: spoke on the liability issue. The Public Input portion of the Meeting was closed. The Commission further discussed other neighboring parks; enjoying nature; preserving the treeline; and engineering for this trail. Tape 3/Side B The Commission advised the audience of the many benefits of such a trail, and gave several examples of the merits of having a community trail. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JULY 12, 1999 PAGE 14 OF 20 "I AM MAKING A MOTION THAT WE DENY THE REQUEST FROM THE WINDING HOLLOW HOMEOWNERS ASSOCIATION RELATED TO FINAL ENGINEERING FOR THE WINTER SPRINGS PARK IMPROVEMENT PROGRAM, SPECIFICALL Y AS IT RELA TES TO WINDING HOLLOW PARK". COMMISSIONER MARTINEZ ADDED, "TO DENY THEIR REQUEST TO BUILD A TRAIL IN WINDING HOLLOW". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. "MAYOR, I'D LIKE TO MAKE A MOTION TO AMEND THE PREVIOUS MOTION TO STATE - THAT THE COMMISSION DESIRES TO ELIMINATE THE NA TURE TRAIL IN WINDING HOLLOW, FROM THE PARKS . PROGRAM, AS PREVIOUSLY APPROVED". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE (ON THE AMENDMENT): COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. VOTE (ON THE MAIN MOTION): COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MA YOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. Mayor Partyka called a recess at 12:20 a.m. Mayor Partyka called the meeting back to order at 12:27 a.moo B-1. City Manager Requesting the City Commission to Approve Resolution #884 "The Tuscawilla Improvement Area Initial Local Improvement Assessment Resolution". (This Agenda Item had previously been scheduled for the June 28, 1999 City Commission Regular Meeting). ~OTION "TO INITIATE THE PROCESS, AND APPROVE RESOLUTION NUMBER 884". "SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: A YE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JULY 12, 1999 PAGE 15 OF 20 B-2. City Manager Requesting the City Commission to Approve Resolution #885 "The Tuscawilla Service Area Initial Related Service Assessment Resolution". (This Agenda Item had previously been scheduled for the June 28, 1999 City Commission Regular Meeting). "MAYOR, I MAKE A MOTION WE APPROVE RESOLUTION 885". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. C. City Manager Requesting Approval to Modify and Extend an Existing Lease on Property Located at the Entry to Central Winds Park (A.K.A. Wagner's Curve) and Reaffirming the Vested Rights Special Use Permit Expiration Date. (This Agenda Item had previously been scheduled for the June 28, 1999 City Commission Regular Meeting). Attorney Guthrie briefly explained the lease agreement, and other factors involving the support "of the Vested Rights Special Use Permit". Brief discussion followed regarding access to Central Winds Park. "MAYOR, I MAKE A MOTION THE CITY ENTER INTO A THIRD AMENDED LEASE AGREEEMENT WITH SPRINGS LAND JESSUP SHORES JOINT VENTURE FOR ACCESS TO CENTRAL WINDS PARK". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. MOTION TO "REAFFIRM THE VESTED RIGHTS ISSUE AND AUTHORIZE THE EXTENSION THROUGH 2002". "SO MOVED". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Mr. Jay Small, 437 North Magnolia: representing Springs Land briefly explained that the "legal description" that was in the earlier lease, will be included with the final executed document. Brief discussion ensued on access to Central Winds Park; a barter arrangement with Springs Land; and easement issues. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JULY 12, 1999 PAGE 16 OF 20 D. Community Development Department - Land Development Department Requests the City Commission Consider a Variance Request from the Winter Springs Golf Club to Allow a Second Monument Base Sign to be Located Less than 200 Feet From Another Monument Base Sign. Mr. LeBlanc advised the Commission of the Board of Adjustment's recent decision and he spoke of a Developer's Agreement. The Regional Manager of the Meadowbrook Golf Club and the new manager of the Winter Springs Golf Course both spoke to the Commission about recent renovations and planned changes. Discussion ensued on improving the historic part of town; granting a Variance; other Variances; improving the look of State Road 434; and implementing a Developer's Agreement. "MAYOR, I MAKE A MOTION TO DIRECT CITY MANAGER TO ENTER INTO DISCUSSIONS WITH THE FOLKS FROM WINTER SPRINGS GOLF CLUB, TO NEGOTIATE A DEVELOPER'S AGREEMENT WHICH WOULD ALLOW THEM TO HAVE A SECOND SIGN, DUAL WING SIGNS, AS PRESENTED TO THE COMMISSION ON THIS EVENING AND DRAWINGS; IN EXCHANGE FOR CERT AIN CONSIDERA TION INVOL VING ADDITIONAL LANDSCAPING IN THE 434 REDEVELOPMENT AREA AND SOME ADDITIONAL IDEAS INVOLVING SOME OF THE CITY'S YOUTH, FOR THE PARKS DEPARTMENT, INVOLVING GOLF". MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. "I MOVE WE APPROVE A VARIANCE FOR THE TWO SIGNS, 121 FEET APART". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Tape 4/Side A VOTE: COMMISSIONER McLEOD: NAY; COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: AYE; DEPUTY MA YOR GENNELL: AYE; COMMISSIONER MARTINEZ: NAY. MOTION DID NOT CARRY. "I'D LIKE TO MAKE A MOTION THAT THE CITY MANAGER IS ABLE TO WORK WITH THE PROPERTY OWNERS TO WORK ON A DEVELOPMENT AGREEMENT TO ALSO INCLUDE SOME KIND OF A YOUTH PROGRAM WITH THE GOLF COURSE, AS PART OF THE DEVELOPMENT AGREEMENT, ALONG WITH SEEING IF WE CAN'T PERHAPS GET A LITTLE MORE DISTANCE BETWEEN THESE PARTICULAR SIGNS ALSO - IN A REASONABLE DOLLAR AND CENTS APPROACH WITH THE DEVELOPER, AND QUICKLY; AND BE BACK TO US BEFORE THIRTY CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 1999 PAGE 17 OF 20 DAYS". MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. Mayor Partyka called a break at 1: 16 a. m. The Meeting was called back to order by Mayor Partyka at 1:24 a.m. F. City Manager Requests the City Commission Accept the Presentation of the Preliminary Fiscal Year 1999-2000 Budget and Establish Dates for Workshops. Manager McLemore briefly advised the Commission on bonds for new assessment district; the general fund; the utility rate schedule; compensation analysis; the general fund; debt service; and public safety. There was brief discussion. MOTION TO "ACCEPT THE PRESENTATION AND THE PRELIMINARY BUDGET". "SO MOVED". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. The Commission decided on the following dates for Budget Workshops: · July 20, 1999 - 6:30 p.m. · July 21, 1999 - 6:30 p.m. · July 22, 1999 - 6:30 p.m. . July 27, 1999 - 6:30 p.m. The Commission decided to also potentially hold Workshops on the following date, "subject to modification": . July 28, 1999 - 6:30 p.m. Commissioner Blake asked about Interim Service Fees and the recent Supreme Court decision. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JULY ]2, 1999 PAGE 18 OF 20 ADD-ON: G. Community Development Department - Code Enforcement Division Requests the City Commission Accept the Improvements as Having Been Constructed Per the Approved Final Engineering Plans at Fox Glen - Phase II, Chelsea Parc at Tuscawilla Subdivision. Ms. ]imette S. Cook, Code Enforcement Officer asked that this be approved, with the caveat that Lot 160 (in this development) would not be issued a building permit, until the "wetland delineation" is determined to be accurate, and approval is granted by St. Johns River Water Management District. MOTION TO APPROVE FINAL ENGINEERING. "I'LL MAKE THAT MOTION". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. VII. REPORTS A. Law Firm of Frank Kruvvenbacher. P.A. Attorney Guthrie spoke of a brief that had been filed. Attorney Guthrie also spoke about the issue of public records requests for audiotapes. Discussion ensued on the Public Records Law and opinions complying with the "spirit" of the law. "I'LL MAKE A MOTION THAT THE CITY OF WINTER SPRINGS CHARGE ACTUAL COSTS ON AUDIO TAPE RECORDINGS FOR THE MATERIALS AND SUCH". DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: NAY. MOTION CARRIED. B. City Manager - Ronald W. McLemore Manager McLemore asked if he could bring his Employment Contract back at the next meeting, and the Commission agreed to this. C. City Clerk - Andrea Lorenzo-Luaces (Interim City Clerk) No report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 1999 PAGE 19 OF 20 D. Commission Seat II - Michael S. Blake Commissioner Blake asked about fences at the power easements at Winding Hollow, and mentioned that two (2) gates are dismantled, and a tree had fallen. Commissioner Blake asked if the Bond Issue had been done. Brief discussion. The Interim City Clerk was asked to always make sure that everyone was called. E. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez asked about the skateboard issue. The consensus of the Commission was that the City Manager should look into this issue. Commissioner Martinez asked about Ordinances that pertain to adult entertainment. Attorney Guthrie agreed to research such issues as separating alcohol and nudity; and related language. The City Attorney will bring back appropriate ballot language. Commissioner Blake asked for a copy of the City of Apopka's Ordinance, as soon as possible. Commissioner Martinez also mentioned that the City has been asked to make an appointment to the Regional Planing Council. This was passed on to the City Manager. 1) Appointment/Reappointment to the Board of Adjustment - the term of Board Member Fred Kaltenbach expires July 8, 1999. No appointment was made. E.Commission Seat IV - Cindy Gennell No Report. Commission Seat V - David W. McLeod No Report. Commission Seat I - Robert S. Miller Commissioner Miller handed Manager McLemore a water bill and asked him to check on it, regarding a balance. Commissioner Miller asked about the status of the Texaco property, and spoke on access covers being able to be moved. He asked that Manager McLemore "look into this". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 1999 PAGE 20 OF 20 Commissioner Miller then asked about the berm at the Hess station. He asked that this be checked, as per the plans. Commissioner Miller asked Manager McLemore if the light in front of the Winn Dixie had been taken care of. Manager McLemore said it had been taken care of. Commissioner Miller then spoke of an I8-wheeler that has been parked in the Badcock parking lot for an extensive amount of time. Commissioner Miller commented on the Fourth of July celebration, and suggested that we need more land - especially for parking. Commissioner Miller asked about relocating the Public Works compound. Discussion. E. Office of the Mayor - Paul P. Partyka Mayor Partyka spoke about the Commission controlling our meeting times. VIII. ADJOURNMENT Mayor Partyka adjourned the Meeting at 2: 17 a.m. Respectfully Submitted By: Andrea Lorenzo-Luaces Interim City Clerk APPROVED: PAUL P. PARTYKA, MAYOR NOTE: These minutes were approved at the , 1999 City Commission Meeting.