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HomeMy WebLinkAbout1998 01 26 Other Date: 01261998 The following Minutes for Regular Meeting 01/12/1998 were not discussed for approval during the 01/26/1998 Regular City Commission Meeting for this date. REGULAR MEETING CITY COMMISSION JANUARY 12, 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 W. McLemore, present City Attorney Frank Kruppenbacher, absent Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, present David McLeod, present Mayor Partyka announced agenda changes: Regular Agenda Items B-1 and B-2 is tabled until the January 26, 1998 meeting. Informational Agenda Item C has been changed to Regular Agenda Item "I" and this item will be the first item heard on the Regular Agenda. Approval of Minutes of December 8, 1997: Commissioner Martinez mentioned a correction, on page 4, where is says Commissioner Martinez ...... "says this was done" and said that statement should state "this was not done". Mayor Partyka stated that the correction is noted. Motion was made by Commissioner McLeod to approve the Minutes of December 8, 1997. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Approval of Minutes of Special Meeting of December 24,1997: Motion was made by Commissioner Blake to approve the Minutes of the Special Meeting of December 24, 1997. Seconded by Commissioner Miller. Discussion. Commissioner Martinez mentioned a correction, on page 3, paragraph 4, where Commissioner McLeod asked if there would be a problem in the deed restrictions if the City developed a property as a nature path or park" Commissioner Martinez said that Commissioner McLeod asked if it could be developed as a ball park, not a nature park. Mayor Partyka stated that the correction is so noted. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye Commissioner Miller: aye. Motion passes. Mayor Partyka said on behalf of himself and the Commission, the City had a terrific Winter Extravaganza with fireworks etc., in the middle of December and thanked Mountain View Production, Dream Visionworks and Santorni (fireworks company). Mayor Partyka said this was given to the City for free and said he would like to issue a special proclamation to those three companIes. Mayor Partyka stated in terms of procedures, the Commission allows every one to speak; each person is allowed three minutes for discussion and if it runs longer than three minutes the Commission can Ree:ular Meetine: City Commission January 12. 1998 97-98-07 Pae:e 2 vote to allow the person to talk longer (up to five minutes); if a person is speaking for a group, they are allowed to speak five minutes and the Commission can vote to extend the discussion. II. PUBLIC INPUT Joanne Krebs, 1002 Taproot Drive, spoke regarding problems with deed restrictions in Oak Forest. George Sealy, 211 Birch Tr., spoke regarding the Mayor's intent to replace the City Attorney. Harold Scott, 911 Augusta National Blvd., spoke regarding grant money for Police Departments and asked by the City has not taken advantage of the Grant money. III. CONSENT AGENDA City Manager A. Requesting Commission authorization to award a bid for group life and accidental death and dismemberment insurance. PURPOSE: for the Commission to authorize the award of a bid for group life and accidental death and dismemberment insurance at a cost of $0.22 per $1,000 of payroll. City Manager B. Requesting Commission authorization to award a bid for Long Term Disability Insurance. PURPOSE: for the Commission to authorize the award of a bid for long term disability insurance at a cost of$0.30 per $100.00 of payroll. City Manager C. Requesting Commission authorization to award painting bid to repair the inside of City Hall. PURPOSE: for the Commission to authorize the award of a painting bid to repaint the inside of City Hall at a cost of $16,369.17 plus a 10% contingency. City Manager D. Requesting Commission authorization to award a flooring bid to install new carpeting, vinyl flooring, and vinyl baseboard in City Hall. PURPOSE: for the Commission to authorize the award of a flooring bid to install new carpeting, vinyl flooring, and vinyl baseboard in City Hall at a cost of $42,213 plus a 10% contingency. Parks and Recreation Department E. Requests the Commission authorize the City Manager to enter into a contract with Starmer, Ranaldi Planning and Architecture, Inc., of Winter Springs for engineering and architectural design for renovation and development of local parks and for continuing design services for the Parks and Recreation Department. PURPOSE: to request the Commission authorize the City Manager to enter into contract for said services. Community Development Department/Land Development Division F. Requesting Commission action on the recommendation of the Staff Review Board that the Tuskawilla Trace (formerly Tuskawilla Road Site) final engineering be approved with the stipulations stated in the attached Staff Review Minutes. PURPOSE: to forward to the Commission Relwlar Meetine: Citv Commission Januarv 12. 1998 97-98-07 Pae:e 3 the recommendation of the Staff Review Board that the final engineering for Tuskawilla Trace (formerly Tuskawilla Road Site) be approve with stipulations. This proposed subdivision is located on the southwest comer of Tuskawilla Road and Orange Avenue and is to have twenty-four (24) units. Commissioner Blake had a question on the Tuscawilla Trace development. Commissioner Martinez also had a question on the Tuscawilla Trace development. Commissioner Miller had a question on Consent Agenda Item A. Motion was made by Commissioner Blake to approve the Consent Agenda. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. IV. INFORMATIONAL AGENDA Police/Public Works Departments A. Advising the Commission of findings and planned response to the speeding complaints on Wade Street. PURPOSE: to update the Commission on the findings of a traffic study on Wade Street and the plan to install rumble strips on Wade Street in response to the speeding complaints. Parks and Recreation Department/Police Department B. Notifying the Commission of the date and time for dedication of Torcaso Park as 2:00 p.m. on Sunday, January 25, 1998, at Torcaso Park on Moss Road and the Police Department open house at 3 :00 p.m. at the new Police facility also on Moss Road. PURPOSE: to invite the Commission and public to attend the dedication of the park and the police station open house. Community Development Department/Planning Division THIS ITEM MOVED TO REGULAR AGENDA ITEM "I". C. Requesting the Commission to authorize the City Manager to enter into a contract with a firm specializing in Town Center Designs to prepare a two-phase Town Center Development plan. PURPOSE: to employ a design consultant specializing in Town Center Design. The City is at the point in the process of creating a new Town Center where a design team of various professionals with specific expertise must be brought together to prepare the Town Center Development Plan. City Manager D. Informing the Mayor and the Commission of the requirements of Section 4.02 of the Charter of the City of Winter springs as it relates to districting. PURPOSE: to inform the Commission that the Charter requires the Mayor and the Commission appoint a seven (7) member Districting Commission prior to February L 1998: Ken Rohuba, 206 Wade Street, spoke regarding Informational Agenda Item A. Police Chief Kerr explained what was going to be done on Wade Street. Ree:ular Meetine: City Commission Januarv 12. 1998 97-98-07 Pae:e 4 Motion was made by Commissioner Blake to approve the Informational Agenda. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. V. REGULAR AGENDA Finance Department A. Requesting Commission acceptance of the Audited Financial Statement for Fiscal Year ended September 30,1997. THIS ITEM TABLED UNTIL THE JANUARY 26,1998 MEETING. Community Development Department/Planning Division B-1. Requests the Commission hold a Public Hearing to approve the Second Reading and adoption of Ordinance No. 654, to annex a 9.58 acre parcel located on the south side of State Road 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: Motion was made by Commissioner Blake to table Regular Agenda Item B-1 until January 26, 1998. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. B-2. Requests the Commission authorize the Mayor to execute a Development Agreement, pertaining to a 9.58 acre parcel located on the south side of State Road 434 approximately 2,500 feet east of U.S. 17/92. PURPOSE: to request the Commission to hold a first Public Hearing on a proposed Development Agreement for the 9.58 acre Lake Irene Investors property: Motion was made by Commissioner Blake to table Regular Agenda Item B-2 until January 26, 1998. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Community Development Department/Planning Division 1. Requesting the Commission to authorize the City Manager to enter into a contract with a firm specializing in Town Center Designs to prepare a two-phase Town Center Development plan. PURPOSE: to employ a design consultant specializing in Town Center Design. The City is at the point in the process of creating a new Town Center where a design team of various professionals with specific expertise must be brought together to prepare the Town Center Development Plan: Manager McLemore introduced Victor Dover of the firm Dover, Kohl & Partners and Robert Grey; and stated that Mr. Dover and Mr. Grey will give a brief overview of their credentials and how they propose to address this project. Manager McLemore said that if the Commission is in agreement with that, he will ask that the Commission vote to recommend giving him (Manager) the authority to enter into the contract. Ree:ular Meetine: Citv Commission Januarv 12. 1998 97-98-07 Pae:e 5 Mr. Dover showed the Commission slides of their work and thought about basic Town Center designs that apply to the approach that they would give this project. Mr. Grey gave the Commission a packet of the background of the company. Mr. Grey stated they will be working under the direction of Charles Carrington, Community Development Director; Victor Dover will be the team leader for the team consisting of Gibbs Planning, Dover Kohl and Michael Design & Assoc., Mr. Grey stated that he will be the project director from his office. Mr. Grey explained that there are two steps to this project, the first is the design session and presentation (that will take place in February) concluding in a presentation to the Commission asking for the Commission's input. If the Commission approves, then they will move into writing the development code that would be the "genetic code" to build the Town Center. Mr. Grey said the schedule for the design session is to start on February 11, 1998. Preceding after the 20th, it would move on to March 23, 1998, which would be the final presentation and at that time the Commission would decide if the plan is acceptable and if they could move into stage two of the project. Charles Carrington, Community Development Director, reviewed a couple changes to the contract. Page 2 - change 100 acres to 230 acres; Page 3 - there will be 12 consultants not 13 consultants; and on Page 8 - the number should be $147,500 and $18,000. Discussion. Motion was made by Commissioner Gennell to approve Agenda Item I authorizing the City Manager to enter into a contract with the firm of Dover, Kohl and Partners for the Town Center design as outlined in the handout with the corrections that were mentioned, this is approving the whole package up to $165,500. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Partyka called a recess at 7:55 p.m. Mayor Partyka reconvened the meeting at 8:05 p.m. Mayor Partyka stated that he will announce what item the Commission is discussing, get Staff comments, comments from the representative of the agenda item, Commission comments, public input and then Commission discussion and action. Manager McLemore said a question was raised by Commissioner Gennell regarding which item to hear first. Manager McLemore stated the Commission should hear item C-2 first then C-3, then C-4 then C-l. Community Development Department/Planning Division C-2. Requests the Commission hold a Public Hearing to approve the First Reading for adoption of Ordinance No. 694, to annex a 296.96 acre parcel located on the east side of State Road 417 (a.k.a. "The GreeneWay) and on the north side of State Road 434. PURPOSE: to request the Commission to hold a Public Hearing and approve the First Reading for adoption of Ordinance No. 694 to annex Re2ular Meetin2 City Commission Januarv 12. 1998 97-98-07 Pa2e 6 the 296.96 acre Battle Ridge Property: Motion was made by Commissioner Blake to read Ord. 694 by title only on first reading. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Attorney Guthrie read Ord. 694 by title only on first reading. Attorney Guthrie stated that each of the items in "C" needs to be considered separately and the audience needs to focus their comments on each item at it is before the Commission. Manager McLemore gave an overview of this item. Manager McLemore stated that the Battle Ridge proposal initially surfaced with the County in 1994, it was a proposal for 325 housing units; 50 multi-family units and 35,000 sq.ft. of commercial area. That particular proposal (in front of the County) generated concern among a number of people, particularly the people in the Black Hammock area, who could foresee this becoming a threat to their character of their surroundings in the way they have lived in that area for many years. There was, as a result of their concerns, a reaction from County government which in effect resulted in a small area study to address this particular land area and to determine (from a planning perspective) how best to deal with the concerns of the people. In review of the Small Area Study, it was a good attempt and a good document that included the perspectives of the different people and interests involved to try to bring a certain amount of predictability and comfort to the people who will impacted by this proposal. After this was done, the City in 1996, received from the owners of Battle Ridge Properties, a petition for annexation to the City which involved approximately 70 developable acres, to include approx. 150 single family units, which was a considerable downsizing from the original proposal. This Commission, after a lengthily debate, chose to transmit a large scale amendment to DCA, relative to this project. Manager McLemore said in a memo to the Commission dated February 26, 1996, stating that we would enter into an analysis process and would return to the Commission with a recommendation (at an appropriate time) as to whether this project should move forward or not and under what conditions. Also, in that request that we set up a "meet and confer" committee, for the purpose of meeting and conferring on this issue; this was a Staff committee and a committee to work with him (manager) and staff and property owners to articulate the concerns of the public and to try to work through the analytical process with DCA to determine what if anything should be done relative to this project. Manager McLemore named the members of the committee. Manager McLemore said at this time he has recommended to the Commission, in his memo of 0 1- 06-98, a set of conditions under which (it was his opinion) that he could recommend this project to the Commission as being fully compliant with the City's compo plan and a value added project to the City and at the same time representing the interest of those people who may not necessarily be in favor of the project, at least to the extent that we could. The requirements for recommendation: (1) the density of the development should not exceed 2.75 units per finished acre; (2) the average appraised value of home sites (land and buildings) would not be less than $180,000 per unit; (3) all Re2ular Meetin2 Citv Commission Januarv 12. 1998 97-98-07 Pa2e 7 environmentally sensitive lands be deeded to a governmental agency for conservation purposes; (4) the water management system will conform to Florida Department of Environmental Protection outstanding orders programs standards; (5) access to the development will be exclusively from S.R. 434, except for any provisions requested by the City for emergency secondary access; (6) there be no negative impacts on any endangered plant or animal species; (7) water and sewer will be provided by the City of Winter Springs and septic tanks of any type will be expressly prohibited from within the development; (8) the City acknowledge that it has no current interest in annexing east along the north side of S.R. 434 beyond the urban service line established by the County. Manager McLemore said he is also recommending that the City agree that any further annexation in this direction is based upon the County's agreement to adjust the urban service line to accommodate a future annexation, providing that the City of Oviedo agrees to do the same. And also acknowledging that the water and sewer facilities for the project will not be oversized beyond the minimum standards for the purposes of providing services to future annexed areas in the vicinity. Manager McLemore said in his memo dated 01-12-98, he is additionally recommending that the City's joint area planning map be amended to move the eastern boundary from Deleon Street to the eastern edge of the Battle Ridge Property, consistent with the urban service boundary of the County. Also, noting that the developer will acknowledge (tonight) that his request for zoning has changed from R -1 to R -1 A, which provides for larger land lots and generally a higher quality development. Manager McLemore said in structuring the recommendations, it is his feeling that they have sincerely looked at all issues set out by the people that had concerns and in most cases they were able to deal with those concerns to the point he is comfortable that the project has no negative impacts on the environment or any species and that it provides a substantial check on encroachment further into the Black Hammock area and the project is a value added project to the City both in terms of economics and in terms of the type of lifestyle and community that will be there. Manager McLemore said this project will be equal to the Chestnut Ridge project in Tuscawilla as well as Bentley Green, and said those communities are quite high quality and have been beneficial to this community and have been value added projects and has done damage to no one and that is the type ofproject to expect if this project is approved. Manager McLemore said there are no representations in the public record anywhere to suggest that the City of Winter Springs entered into any agreement with the County to adopt the Small Area Study as it was presented. Manager McLemore said there are inter-local agreements in place that they provide for notice of any actions by a jurisdiction (City) relative to an annexation attempt and the purpose of the Committee was to keep everyone including the County and people involved of how this was progressing; and by way of notice we have fulfilled in every way (and have gone beyond the law and what the requirements of notice are) in order to keep everyone abreast of this issue. We are completely consistent with this relative to the Comprehensive Plan and the existing City annexation policy. Manager McLemore reviewed with the Commission the concerns: the key concerns were related to Re2ular Meetin2 City Commission January 12. 1998 97-98-07 Pa2e 8 water quality issues and the potential impact on Lake Jesup. Manager McLemore said the way we tried to address that was to recognize that this property did not need septic tanks on it, that it needs municipal water and sewer and we have required the developer to comply with the Florida Outstanding Waters standards, which are standards protecting pristine waters of the State (which Lake Jesup is not qualified as pristine waters of the State). That particular set of standards would not only provide for a cleaning of the water, for water quality, prior to final entry into the lake, it also provides for different systems of controlling siltation. Manager McLemore said it is his opinion that based on that particular type of drainage system, that the water quality going into the lake will improve and not in any way degrade the lake, in fact it will be an improvement. Manager McLemore stated that we have met the test of what can be done to neutralize the impact of this development. Manager McLemore said the current proposal in front of the Commission now has about 40 acres with 108 building lots/units of development. The City's low density zoning provides for development of 1.1 to 3.5 units per acre; as stated capped at 2.75 units per acre would give a project similar to the projects that were mentioned before. This project design is a cluster development which is consistent with the County's Compo Plan and consistent with the City's Compo Plan and consistent with the State's Compo Plan., to provide for buffering of the development from the surrounding properties. Manager McLemore stated that the average value of the homes will be $180,000. Manager McLemore said the City has a request (by letter) from the County to put this particular decision off for 60 days and stated that he does not recommend that the Commission do this, it would serve no purpose, there is a process by which the County (if they desire) to object, they will have that opportunity in the days ahead as this project is processed through the Comp Planning process. Manager McLemore said he doesn't know of any issues that will be discovered that haven't already been discovered, every issue that is outstanding with DCA will be answered tonight and in the days ahead in writing from the City and the developer. Most of the questions have been addressed a number of times and are virtually minor issues. Fred Lindhart, Attorney for the Battle Ridge Companies, gave his presentation. Dr. Michael Dennis, of Bredlow, Dennis & Associates, gave his presentation. Joe Rivero, transportation designer, gave his presentation. Dale Crosby, engineer for the developer, also gave a presentation. Discussion ensued. Commissioner Blake said one on the main concern with this project from the residents of Black Hammock area is the urban sprawl. Commissioner Blake said one of the things that he has looked at in trying to make this project work and offer the residents of Black Hammock some amount of protection, is to build a better barrier between the project and the Black Hammock residents way of life. One thing that could work and would benefit not only the residents of Black Hammock but the Re2ular Meetin2 Citv Commission January 12. 1998 97-98-07 Pa2e 9 developer and the City as well, is if there could be a one foot conservation easement strip on the entire eastern boundary of the property. Commissioner Blake asked what the possibility would be to put a conservation easement in place. Mr. Lindhart said that is consistent with one their underlying premises is that they are the eastern boundary. Commissioner Blake said he thinks it would make it easier to fulfill the obligation that the developer is making to the City that it would be designed in such a way so that there would not be an interconnect on the roadways. Mr. Lindhart said that would be an acceptable condition. Commissioner McLeod asked who would control the easement. Mr. Lindhart said the safest thing would be to give it to the homeowners association and make it a common owned amenity for maintenance purposes. Attorney Guthrie said the language can be crafted to achieve dealing with the ownership, there may be one caveat to have an emergency access. Thomas McCord, Regina Breswill, Grey Wilson, Valerie EI-Jamil, Sandra Bogan, Skip VanDeyne, Bill Daniel, Moti Khemlani, Tom O'Connell, Bob Dallari, Jim Logue, all spoke on this item. Mayor Partyka read a letter from Randy Morris, the Chairman of the County Commission, dated January 9, 1998 which asked the City to postpone the Public Hearing on January 26, 1998 be continued to the February 9, 1998 Commission meeting. Discussion. Manager McLemore gave a summary of his presentation. Motion was made by Commissioner Gennell to deny Ordinance 694, to annex the 296.96 acre Battle Ridge Property. Seconded by Commissioner Miller. Discussion. Commissioner Blake asked Tony Matthews, representative from Seminole County, about moving the urban service line. Mr. Matthews stated that he supports the moving of the service line. Motion was made by Commissioner Blake to extend the meeting past 11 :00 p.m. Seconded by Commissioner Martinez. Discussion. Vote: All aye. Motion passes. Discussion on the item. Motion was made by Commissioner Blake to call the motion. Seconded by Commissioner Gennell. Discussion. Vote: All aye. Motion passes. Ree:ular Meetine: City Commission Januarv 12. 1998 97-98-07 Pae:e 10 VOTE ON THE MOTION TO DENY ORDINANCE 694 TO ANNEX THE 296.96 ACRE BATTLE RIDGE PROPERTY: Commissioner Martinez: nay; Commissioner Gennell: aye; Commissioner McLeod: nay; Commissioner Miller: aye; Commissioner Blake: nay. Motion denied. Motion was made by Commissioner McLeod to move Ordinance 694 to second reading. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: nay; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: nay. Motion passes. C-3. Requests the Commission hold a Public Hearing to approve the First Reading for adoption of Ordinance No. 695, concerning the Large Scale Comprehensive Plan Amendment to change the Future Land Use Map designation from County "Suburban Estates" to City designation "Lower Density Residential" on the 296.96 acre Battle Ridge Property located on the east side of State Road 417 (a.k.a. "The GreeneWay) and on the north side of State Road 434. PURPOSE: to request the Commission to approve the First Reading for adoption of Ordinance No. 695 concerning the Large Scale Comprehensive Plan amendment to change the Future Land Use Map designation from County "Suburban Estates" (max. 1 DU per acre) to City designation "Lower Density Residential" (1.1 to 3.5 DU per acre). This public hearing is the Second Hearing required to take action to adopt the amendment, adopt the amendment with changes, or determine that it will not adopt the amendment: Motion was made by Commissioner Blake to read Ord. 695 by title only on First Reading. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. Attorney Guthrie read Ord. 695 by title only on first reading. Tony Matthews asked that the Commission postpone the second reading ofthis Ord. until the first meeting in February. Valerie EI-Jamil, Sandy Bogan, Sam Kindal, Regina Breswill spoke on this item. Discussion. Motion was made by Commissioner McLeod to move Ord. 695 to second reading. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: nay; Commissioner McLeod: aye. Motion passes. C-4. Requests the Commission hold a Public Hearing to approve the First Reading for adoption of Ordinance No. 696 to rezone a 296.96 acre parcel located on the east side of State Rod 417 (a.k.a. "The GreeneWay) and on the north side of State Road 434. PURPOSE: to request the Commission hold a Public Hearing to approve the First Reading for adoption of ordinance No. 696 to rezone the Ree:ular Meetine: City Commission Januarv 12. 1998 97-98-07 Pae:e 11 296.96 acre Battle Ridge Property from County Zoning designation A-I "Agriculture" (1 DU per acre) to City's zoning designation ofR-I "One Family Dwelling District" (6.600 sq. ft): Motion was made by Commissioner Blake to read Ord. 696 by title only on First Reading. 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 Ord. 696 by title only on First Reading and read the title with changing R -1 to R-IA. Charles Carrington gave his presentation. Discussion. Sandy Bogan, David Moon, Valerie El-Jamil spoke regarding this item. Commissioner Gennell asked that the Commission have the minutes from the P & Z when they are voting on an issue that was before that board. Motion was made by Commissioner McLeod to move approve and move to second reading Ord. 696 to rezone the 292.96, Battle Ridge Property, located on the east side ofS.R. 417 and on the north side of S.R. 434, based on that the applicant approves the zoning be changed to R- IA. THE APPLICANT APPROVED THE CHANGE TO R-IA. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: nay; Commissioner McLeod: aye; Commissioner Miller: nay; Commissioner Blake: aye. Motion passes. Community Development Department/Planning Division C-l. Requests the Commission hold the first Public Hearing for adoption of a Development Agreement, pertaining to a 296.96 acre parcel located on the east side of State Road 417 (a.k.a. "The GreeneWay) and on the north side of State Road 434. PURPOSE: to request the Commission to hold a first Public Hearing on a proposed Development Agreement on the 296.96 acre Battle Ridge Property: Mayor Partyka opened the Public Hearing. Valerie El-Jamil spoke on this item. Discussion. Commissioner McLeod asked if the developer would agree to have the living area of the homes be 1,800 sq.ft. The developer was in agreement. Mayor Partyka called a recess at 12:15 a.m. Mayor Partyka reconvened the meeting at 12:22 a.m. Re!!ular Meetin!! City Commission Januarv 12. 1998 97-98-07 Pa!!e 12 Motion was made by Commissioner Blake to amend the Joint Planning Map moving the urban service line. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Gennen: aye; Commissioner McLeod: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. Community Development Department/Building Division D. Requests the Commission hold a Public Hearing and approve the Second Reading of Ordinance No. 692, adopting the current State of Florida Minimum Building Codes, as the Building Construction Standards for the City of Winter Springs. PURPOSE: to request the Commission hold a Public Hearing and approve the Second Reading of Ordinance No. 692 to adopt the amended State of Florida Minimum Building Codes, as the Building Construction Standards for the City of Winter Springs: Attorney Guthrie read Ord. 692 by title on Second Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked if anyone wished to speak. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Martinez to adopt Ord. 692. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Martinez: aye; Commissioner Blake; aye; Commissioner Miller; aye; Commissioner Gennen: aye; Commissioner McLeod: aye. Motion passes. Community Development Department/Land Development Division E. Requesting Commission hold a Public Hearing and Second Reading and adoption of Ordinance No. 693, vacating a portion ofa Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). PURPOSE: to vacate a portion of an existing Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). This will allow the owner of the property to build a house and the normal amenities associated with such: Attorney Guthrie read Ord. 693 by title only on second reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked if anyone wished to speak on this Ordinance. No one wished to speak. Mayor Partyka closed the Public hearing and reconvened the Regular Meeting. Motion was made by Commissioner Blake to adopt Ord. 693. Seconded by Commissioner Gennen. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennen: aye; Commissioner McLeod: aye. Motion passes. City Manager F. Request Commission hold a Public Hearing and approve the First Reading of Ordinance No. 697 Rel!ular Meetinl! City Commission Januarv 12. 1998 97-98-07 Pal!e 13 enacting a Floor Offset Pension Plan. THIS ITEM TABLED UNTIL THE JANUARY 26,1998 MEETING. City Manager G. Recommending the City Commission to authorize any actions it deems necessary resulting from the Tuscawilla Beautification and Lighting Assessment District workshop, including the implementation schedule recommended by Government Systems Group, and the mail ballot rules. PURPOSE: to provide the Commission the opportunity to take any formal action it deems necessary resulting from today's workshop and to adopt a resolution of intent to utilize the uniform method of collecting non-ad valorem assessments required by State Law, assessment district implementation schedule and mail ballot voting rules: Tom O'Connell, President of the Tuscawilla Homeowners Association spoke on this item and stated that it is very important to get the County on-board with this. Discussion. Motion was made by Commissioner Blake to adopt the critical event schedule and to direct the City Manager to contact the County and the City of Oviedo. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. City Manager H. Requesting the Mayor to appoint and the Commission to ratify a City Representative and an Alternate for the South Seminole & North Orange County Wastewater Transmission Authority. PURPOSE: for the Mayor to appoint and the Commission to ratify a City Representative and an Alternate to represent the City on the South Seminole & North Orange County Wastewater Transmission Authority: THIS ITEM TABLED UNTIL THE JANUARY 26,1998 MEETING. VI. REPORTS A. City Attorney Frank Kruppenbacher No Report. B. City Manager Ronald W. McLemore Manager McLemore mentioned that the first draft of the newsletter is just about ready and asked the Commission if they wanted the Staff to solicit outside advertisement. The Majority of the Commission did not want outside advertising. C. Commission Seat II - Michael S. Blake Commissioner Blake mentioned he has gotten complaints regarding Colt Drive and asked the City Manager to look into this. Ref.wlar Meetin2 City Commission Januarv 12. 1998 97-98-07 Pa2e 14 D. Commission Seat III - Ed Martinez Commissioner Martinez gave the Mayor and Commission a memo regarding the City Codes and asked the City Manager and Attorney to look into amending the Code and that he would like an answer at the next meeting. E. Commission Seat IV - Cindy Gennell Commissioner Gennell announced that she was re-elected as Chairperson of CALNO. Commissioner Gennell also questioned the Mayor's memo regarding Robert's Rules of Order and running the Commission meetings. F. Commission Seat V - David McLeod Commissioner McLeod mentioned the misprint on Regular Agenda Item I. Commissioner McLeod also commented on the Mayor's memo regarding Robert's Rules of Order. G. Commission Seat I - Robert S. Miller Commissioner Miller stated that Code Enforcement has poor response times and that there should be more than one Code Enforcement Inspector and asked that the City Manager look into that. Commissioner Miller also asked if something could be done on the County Roads regarding sign pollution, especially at S.R. 434 and Tuskawilla Road. Commissioner Miller also state that on December 26, 1997, the City received 2.26 inches of rain and No-Name Creek overflowed onto Sailfish Road and there was three inches of water on the road. Also flooding on Mockingbird Lane and in Winding Hollow. Commissioner Miller asked that the City look into developing stricter land development codes and asked for an explanation regarding all the flooding. Commissioner Martinez stated that his memo was in regards to a more strict land development code also. Commissioner Gennell asked that the Mayor try to stop any unwarranted personal attacks by the public. H. Mayor's Office - Paul P. Partyka Mayor Partyka explained the reason he sent the memo regarding Robert's Rules of Order. Discussion ensued regarding the Mayor's memo. The meeting adjourned at 1 :05 a.m. Respectfully Submitted, Ref!ular Meetinf! City Commission Januarv 12. 1998 97-98-07 Margo M. Hopkins, City Clerk APPROVED: PAUL P. PARTYKA, MAYOR Paf!e 15