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