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HomeMy WebLinkAbout1998 05 11 Consent Item F COMMISSION AGENDA ITE,M F Consent X Informational Public Hearings Regular May 1 L 1998 Regular l\1eeting Mgr. / Dept. Authorization City Clerk F. Approval of minutes of April 13, 1998: REGULAR MEETING CITY COMMISSION APRIL 13, 1998 The Regular Meeting ofthe 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 Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present Mayor Partyka announced the agenda changes: the Commission will hear Regular Agenda Item F first on the Regular Agenda. Approval of Minutes of the continuation ofthe March 9, 1998 meeting (held on 3-23-98); approval of minutes of the Regular meeting of March 23, 1998 and Approval of the minutes of the Special Meeting of March 30, 1998: Motion was made by Commissioner Gennell to approve the Minutes of the continuation of the March 9, March 23 and Special Meeting of March 30, 1998. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner McLeod: aye. Motion passes. Mayor Partyka recognized former Mayor Phil Kulbes in attendance at the meeting. Mayor Partyka commended Brook Seal and his Staff for the work they did on the Easter Egg Hunt. Mayor Partyka said that there were about 1,000 children in attendance and stated that everyone had a good time. Mayor Partyka also thanked Commissioner Blake for assisting the "Bunny". II. PUBLIC INPUT David Smith, 225 Bennett Street, asked about making Bennett Street a "Play Street". Discussion. Manager McLemore said he investigate the issue. Richard Levine, 469 Ma.cGregor Road, with P .E.!. Homes, homebuilders and building in the Highlands. Mr. Levine stated that approximately 9 months ago the City requested that they remove the signage that they had a.t the entrance of the Highlands; and said from that time on they have been trying to find a solution to the problem. Mr. Levine said in January they had a meeting with the City Manager, City Attorney and Staff and said that he thought there was common ground to move forward and said as it tums out the final decision of the City is not to permit signage. Mr. Levine said during that meeting, they understood, that Staff was going to review the sign ordinance because it was determined that the sign ordinance offered a great deal of room for interpretation and said they were told that when the sign ordinance was reviewed the development community would be brought in the discussion so as to find a common area of agreement. Mr. Levine said in the interim they have been advertising on benches and said as soon as their advertising appeared on the bench, they were Regular Meeting City Commission April 13. 1998 97-98-27 Page 2 notified by the Code Enforcement Officer that they had "X" days to remove the sign. Mr. Levine said after researching it appears that the order was rescinded and only to be followed by the item tonight to remove all benches within the City. Mr. Levine said this brings up a problem as they are prevented from any signage. Discussion. Commissioner Gennell asked that the City Manager and Staff look into this specific home marketing and to come back with recommendations if there are any. Consensus was to have the City Manager and Staff look into this. Discussion. Attorney Guthrie said he will review the recommendations. Manager McLemore said he would have this back to the Commission in 90 days. George Seely, 211 Birch Terrace, spoke regarding his displeasure with the Commission's behavior. Tom 0' Connell, President of the Tuscawilla Homeowners Association, gave the Commission a letter he sent to the project manager of the Oviedo Market Place and spoke about teens cutting through homeowners property to get to and from the mall and asked if there was anything the Commission could do to help the situation. Discussion. Manager McLemore said he would try to facilitate a solution. Valerie El-Jamil, 1230 MacTavandash Dr., spoke regarding the BattIe Ridge property. Commissioner Martinez stated that he received two phone calls (today) from the Jaycees and the people that are involved with the bench issue and said he was told they never received any information about this meeting taking place and was told by a phone call and said they would like to come and make a proper presentation to the Commission. Motion was made by Commissioner Martinez that this issue, Consent Agenda Item F, be tabled for two weeks until they are given an opportunity to come back and make a presentation to the Commission, at which time the Commission can make a more intelligent decision. Seconded by Commissioner Miller. Discussion. Commissioner Gennell said this is in accordance with what we did for the past two years in trying to make the 434 corridor more esthetically pleasing, to up grade that re-development area and said this is one of the steps that's key to accomplishing that goal. Commissioner Blake said the agenda item does not ask for a contract and said he doesn't know if tabling this item will do any good and said this is a policy decision of the Commission and said he thinks the Commission has the information necessary to act. Manager McLemore said what prompted this issue to come before the Commission was that there was a proposal sent to his office to renew this contract; Manager McLemore said that under the rules that the Commission has set for that district, unless the Commission gives him other direction, there will be no renewal of that contract because the Commission has establii~hed by ordinance a set of rules that prohibits that from being done within that particular al'ea in that district. Manager McLemore said his purpose for bringing this to the Commission was to simply surface it with the Commission and let the Commission know that he has no intentions of renewing a contract with these people unless the Commission goes back and amends that ordinance. Manager McLemore said the Commission has stated Ree:ular Meetine: City Commission April 13. 1998 97-98-27 Pae:e 3 that they don't want off site commercial advertising going on inside the City. Manager McLemore said he is sillllply carrying out the Commission's direction, and the law of the city that the Commission bas established. Vote: Commissioner Martinez: aye; Commissioner Gennell: nay; Commissioner McLeod: nay; Commissioner Miller: aye; Commissioner Blake: nay. Motion fails. Toni Dedik, Andrew Moos and Carol Halliburton; spoke in favor of the agenda item. III. CONSENT AGIGNDA Community Development Department/Building Division A. Requests the City Commission authorize additional funding in the amount of $8,972.00 plus a 10% contingency for the installation of a monitored Fire Alarm System and authorize the City Manager to enter into a contract with Central Florida Safe & Lock Co., to inspect and monitor the alarm system. PURPOSE: to request the Commission to authorize additional funding for the renovation of City Hall to provide a monitored Fire Alarm System. Finance Department B. Requests City Commission approval and acceptance to continue the coverage for General Liability, Personal Propelty and Workmen's Compo Insurance through the Florida League of Cities for the next two years with an annual premium of $261,927.00. PURPOSE: to obtain City Commission approval and acceptance of the General Liability, Personal Property and Workmen's Compo Insurance from the Florida League of Cities for the next two years at an annual premium of $261,927.00. Parks and Recreation Department C. Requests the City Commission to accept the low/best bid for construction of the Trotwood Park Multi-Purpose Building and authorize the City Manager to enter into a contract for such construction. PURPOSE: to allow the City Manager to enter into a contract for construction of the Trotwood Park Multi-Purpose Building. City Clerk D. Requests the City Commission adopt Resolution 844 approving anti-cruelty investigators and agents for the Humane Society of Seminole County, Inc. PURPOSE: to have the Commission adopt Resolution 844 approving the individuals named as anti-cruelty investigators and agents for the Humane Society of Seminole County, Inc. Public Works Department E. Requesting authorization to enter into a Contractual Agreement for street resurfacing. PURPOSE: to request authorization to enter into a Contractual Agreement with Orlando Paving Company for street resurt:icing at a cost of$120,680.25 plus a 10% contingency. City Manager F. Requesting City Commission authorization to remove all bus benches on public right-of-ways Re~ular Meetin~ City Commission Aoril13. 1998 97-98-27 Pa~e 4 and prohibit public shelt(:rs and public seating on public right-of-ways and private property adjacent to public right-of-ways. PURPOSE: for the City Commission to authorize the removal of all bus benches on public right-of-ways and prohibit public shelters and public seating on public right-of- ways and private property adiacent to public right-of-ways. Commissioner Blake had a question on Item C: when is construction going to start on the buildings, especially the one on the trail. Manager McLemore said the one on the trail, is something we will have to negotiate, if we can get immediate delivery on the materials, we would asked that the construction start on that one first but said he doesn't know if that is possible. Manager McLemore said we sent out a bid addendum stating that the trail building be constructed first and also stated that he would like to try to have it opened for the opening ceremony and said he didn't know ifit could be done but will try. Commissioner Blake had question on Item B: and asked if the City has "shopped" this. Manager McLemore said it was "shopped" 3 or 4 years ago on a very elaborate bid proposal and said that the League was chosen as part of the process. Harry Martin, Finance Director, said there were 4 or 5 agencies that put in an R.F.P., and said it was decided to go with the League because the premium was better, plus the servil:;e. Mr. Martin said we didn't do any "shopping" this time; we went to the League and said we would like to have no increase in premium and said that the League came back and gave a reduction in premium for the same coverage. Commissioner Blake asked ifthere was any change in coverage limits. Mr. Martin stated no. Manager McLemore said his recommendation to the Commission would b~ that as long as we can keep them (the League) price competitive and in this mode, that we would do business with them, but at the point in time where they want to increase our pricing, that is the time we should go to bid and as long as they know that's the way we are doing business then it puts a good incentive out there for them to remain competitive. Commissioner McLeod had a question on Item C: regarding the second set of restrooms, said he thinks there will be a problem negotiating the second set out at that number. Commissioner McLeod said he doesn't think the dollar value is there to reduce to that amount. Manager McLemore said ifit goes beyond that point, he would come back to the Commission for further direction. Commissioner McLeod suggested to the Commission that they authorize the City Manager up to $50,000 instead of $40,000 on that portion of the item in order for the City Manager to move forward with it (on the Trail part). Consensus to raise the amount to $50,000. Commissioner McLeod had a question on Item A: why can't the Police Department monitor this building or this building hi:: monitored directly back to our Fire Department. Commissioner Gennell said she concurs with Commissioner McLeod, she would rather see us wired directly to our own Public Safety Department. Commissioner Martinez said he feels that the uniform forces of this City could better secure this buHding than any outside agency. Mayor Partyka noted that both the Fire and Police Chief recommend not directly monitoring the building. Discussion. Attorney Guthrie stated that the State of Florida adopted standard codes, and Fire Code was one of them and in there they adopted additional Fire Alarm Code that dictates the methodology involved and the personnel and equipment that is required to be in place. Rel!ular Meetinl! City Commission April 13. 1998 97-98-27 Pal!e 5 Motion was made by Commissioner Gennell to approve the Consent Agenda minus Items A and F and to amend Item C to the amount of $50,000. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Discussion on Consent Agenda Item A. Motion was made by Commissioner Gennell to authorize additional funding for the installation of a monitOlred fire system and authorize the City Manager to acquire and install the appropriate equipment and that the Police Department will monitor the system. Seconded by Commissioner Blak.e. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. Discussion on Item F. Motion was made by Commissioner Blake to approve Consent Agenda item F. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: nay; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. IV. INFORMATIONAL AGENDA Community Development DepartmentJPlanning Division A. Informing the Commission that the City Staff expects to submit two (2) grant applications to the Florida Department of Community Affairs, Florida Community Trust and to the Department of Environmental Protection, Office of Greeneways and Trails in an attempt to receive grant funds to purchase land for greenspace and trails in the Town Center. PURPOSE: to inform the Commission that the City Staff expects to submit applications to two (2) grant programs in an attempt to receive grant funds for the purchase of land for greenspace and trails in the Town Center. One grant program involves the Florida Community trust P-2000 Program that would award grant funds for the purchase ofland to enhance a local or regional network oflinked greenways by extending greenways or closing gaps. A 25% match from the City is required and ownership of the lands purchased with the grant funds would be retained by the City. The other program, under the Office of Greenways and Trails, acquires land fi)r public greenspace and trails does not require a local match. The land in this program is retained in State ownership. Community Development DepartmentJPlanning Division B. Informing the Mayor and Commission that a portion of the Cross Seminole Trail, located within the new Town Center, is proposed to be relocated further east of the intersection of State Road 434 and Tuskawilla Road. PURPOSE: to inform the Mayor and Commission that City Staff is requesting the Florida National Scenic Trail/Cross Seminole Trail segment (FNST/CST) be realigned to a new location which is expected to be more beneficial to the community, the local and regional multi-use trail users and the property owners. The existing trail corridor being requested for realignment is Ree:ular Meetine: City Commission Auril13. 1998 97-98-27 Pae:e 6 located in the newly planned Town Center and occurs between North Tuskawilla Road ant the existing trail crossing and approximately 430' south on State Road 434. Community Development DepartmentJEngineering Division C. Informing the City Commission of the recent status change of the City's ranking in the Community Rating System (CRS) of the National Flood Insurance Program (NFIP). PURPOSE: to inform the City Commission that the city has been upgraded by the Federal Emergency Management Agency (FEMA) from a Class 9 to a Class 8 in the CRS program of the NFIP. Finance Department D. Requests that the Ci~V Commission review the results of the Federal Emergency Management Agency financial assistance to the City's response to the tornado of February 23, 1998, and the flooding associated with EI-Nino since December 25, 1997. PURPOSE: to update the City Commission on the results of the financial assistance provided to date to the City. Commissioner Blake commended Staff for their efforts in the ranking of the Community Rating System. Motion was made by Commissioner Gennell to approve the Informational Agenda. Seconded by Commissioner Milller. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; commi:ssioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion pas,ses. V. REGULAR AGI:NDA Community Development Department/Land Development Division F. Requests Commission approval of the First Reading of Ordinance No. 700 vacating the southern seven and one-half (7 Yz) feet of that fifteen (15) foot utility easement located to the rear of Lot 33, Walden Terrace (555 Brookside Drive). PURPOSE: to have the First Reading of Ordinance No. 700 to vacate the southern seven and one-half (7 Yz) feet of that fifteen (15) foot utility easement located to the rear of Lot 33, Walden Terrace (555 Brookside Drive). A swimming pool and screen enclosure have been built into this portion of the easement: Mr. Billy Martin, Property owner and Jackie Greene, Realtor - spoke on the request. Motion was made by Commissioner Blake to approve the First Reading of Ordinance No. 700 and to read by title only. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Blake: ~Iye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Attorney Guthrie read Ordinance No. 700 by title only on first reading. Finance Department A. Requesting the City Commission's acceptance of the Comprehensive Annual Financial report (CAFR) for fiscal year ended September 30, 1997. PURPOSE: to have the Commission accept the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1997: Regular Meeting City Commission Aoril13. 1998 97-98-27 Page 7 Harry Martin, Finance Director; Michelle Adams, Accounting Manager and Ron Conrad - presented to the Mayor and Comm:ission the City's first CAFR report. Motion was made by Commissioner Miller to approve Regular Agenda item A. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner M4:Leod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. Community Development DepartmentlLand Development Division B. Presenting to the City Commission the recommendation of the Planning and Zoning Board as it relates to the proposed D(:velopment Agreement for Tuscawilla Tract 15, Parcell B. PURPOSE: for the City Commission to hold a 2nd Public Hearing to consider the recommendation of the Planning and Zoning Board as it relates to the proposed Development Agreement for Tuscawilla Tract 15, Parcel 18. Parcel IB is located at the northeast intersection of Vistawilla Drive and S.R. 434, extends eastward on the south side of S.R. 434 approximately 2,1600 feet, then south southwest approximately 450 feet, then westward approximately 2, I 00 feet and then north northeast to the point of beginning approximately 450 feet. THIS ITEM TABLED FROM THE MARCH 23, 1998 MEETING. NOTE: this item is being amended based upon discussions between the developer and property owners living acuacent to the development that occurred on Monday, April 6, 1998. (The amended agenda item wiU be available no later than Thursday. April 9. 1998 at 5:00 p.m.): Charles Carrington, Community Development Director, gave his presentation. Mr. Carrington stated that this is a second Pub:lic Hearing to consider a revised proposed Development Agreement for Tuscawilla Tract 15, Parcel I B; the Agreement contains certain enhancements, including added landscaping and a six foot masonry wall along the rear of the property, uniform ground mounted signs and a meandering six foot wide sidewalk along S.R. 434. Mr. Carrington said as to Lot I, the building mounted sign shall not exceed 148 sq .ft. of copy area and the ground mounted sign shall not exceed 110 Sq.ft" and the building setback shall be 49'6". Mr. Carrington said an updated version of the Development Agreement was distributed to the Commission on this date and it deletes the car wash facility from all parcels and increases building signage from 148 sq.ft., to 193.5 sq.ft. Approval is recommended for the Commission's review. Mr. Mike Jones, Attorney representing the developer, pointed out to the Commission that in the memo to the Commission from the City Manager dated April 9, 1998, that there was a slight misstatement: number 4, on page 2, "the reconfiguration of the canopy, provides for a canopy ofa lesser lineal footage than the main building, acknowledging that the configuration results in a wider canopy and a movement of the building closer to the rear property line"; Mr. Jones said actually the canopy is 102 feet and the building is 90 feet, so it will be 12 foot bigger than the building, it is 160' that is proposed and it will be reduced from 160 to 112, and we confirmed that in a meeting with the Homeowners Association, and said the memo had a misstatement, that it will be 50 foot smaller, and said it will not be smaller than the building itself. Mr. Jones said they have worked close with the representatives of the Homeowners Association and said they have left enough "room" in the agreement to allow them to address concerns with the Tuscawilla Homeowners Association when they develop the adjacent properties and their concern they had regarding the beautification and the Ree:ular Meetine: City Commission April 13. 1998 97-98-27 Pae:e 8 wall and so forth. Commissioner Gennell stated that she has a concern with the lighting and said there is a glare to have the lights unshielded. Commissioner Gennell said that her concern is for the 434 corridor as the Commission has attempted to design and envision it, to be not gaudy and to be tastefully done, and said by dropping down the lights, you are actually defusing very high watt lights outward and said she has not objection for bright lights shinning down where the people need them but said she thinks it is a distraction to drivers passing by and it is also a big glare. Discussion. Mr. Jones stated that this has been addressed with the Commission when this was approved and addressed this with the members ofthe Homeowners Association and said one of the major factors that has been discussed with Staff is the crime and safety aspects of the well lit station and the purpose for the being well lit is so that it does deter an ,element of crime. Mr. Jones said the reduction of the canopy, in size, was addressed by the representatives and approved because that in fact addressed your concern about the light going back to them and because the building is higher than the canopy there will be no light back to the residents behi.nd the station. Commissioner Gennell a~;ked if the developer would recess the lights. Mr. Jones said no they can't and that is why they made the concession on the canopy and stated that the concern was for the residents in the rear not the people in the front. Manager McLemore said if the lights become a problem, then (at a point in time) we (the City) can require the owner to fix the lights if they become a safety problem. Discussion. It was the consensus to the Commission that this is not an issue. Manager McLemore mentioned that there are still a few minor site plan issues for Staff to work out with the developer and said he would like to have the authority from the Commission to resolve those things without having to come back to the Commission, unless we run into some problem. It was the consensus of the Commission to give the Manager authority to resolve the issues without having to come back before the Commission. Mayor Partyka opened the meeting for Public Input. There was no public input. Motion was made by Commissioner McLeod to approve Item B as noted in the recommendations by the City Manager and Staff. Seconded by Commissioner Miller. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commiss,ioner Blake: aye; Commissioner Miller: aye. Motion passes. Community Development Department/Planning Division C. Requests the City Commission hold a Public Hearing to consider whether to transmit the large scale comprehensive plan amendment (LG-CP A-I-98) to Florida Department of Community Affairs, that would add a policy statement in the Intergovernmental Coordination element of the City's Comprehensive Plan on armexation into the east rural area of Seminole county. PURPOSE: the plan Ree:ular Meetine: City Commission Anril13. 1998 97-98-27 Pae:e 9 amendment is intended to add to the current text of the Intergovernmental Coordination element, in Volume 2 of2 ofthe Comprehensive Plan, a policy statement on annexation onto the east rural area of Seminole County. Consideration of this plan amendment is prompted by the request of Seminole County. The additional language to the text requires the submission of a Large Scale Comprehensive Plan Amendment to the Florida Department of Community Affairs. THIS ITEM TABLED FROM THE MARCH 23.1998 MEETING: Attorney Guthrie stated that Regular Agenda Item E, will be deferred until the point in time, which is the Resolution declaring all the contingencies have been filled; and said he is going to move that until the current Item C c.omes back for the Second Public Hearing. Regular Agenda Items C and D will be heard together. Charles Carrington, Community Development Director, gave his presentation. Mr. Carrington stated that this item is the first Public Hearing to consider transmittal of a Large Scale Comprehensive Plan Amendment to the Florlda Department of Community Affairs, adding a policy statement on annexation into the east rural area of Seminole County. Mr. Carrington stated that the Local Planning Agency, on Marcy 18, 1998, recommended transmittal to D.C.A. and said that a second Public Hearing will be scheduled within 60 days of receiving the O.R.c. Report from D.C.A. Mr. Carrington said Staff is recommending approval of Regular Agenda Item C. Mr. Carrington said Regular Agenda Item D is the First Reading of Ordinance 699, which is designed to revise Ordinance 695, which is the Large Scale Comprehensive Plan Amendment dealing with the Battle Ridge property. Ord. 699, redesignates the jurisdictional wetland conservation rather than the previous classification of lower density residential. This action, if approved, fulfills all contlngencies related to the Battle Ridge Annexation Ordinance No. 694; the initial zoning Ordinance No. 696 and the Development Agreement. A Second Public Hearing will be scheduled April 27, 1998" Mr. Carrington stated that Staff recommends Commission approve the First Reading of Ordinance 699 to revise Ordinance 695, to redesignate the jurisdictional wetlands as conservation on the Future Land Use Map. Commissioner Blake spoke regarding an issue that was brought up at the Planning and Zoning Board meeting regarding Policy 2, under objective E in the Intergovernmental Coordination Element and read that section. Commissioner Blake stated that Gene Lein, P & Z Board Member, had some concern that the statement Gust read) didn't quite reconcile itself. Commissioner Blake said he feels it is important the it is clrurified exactly what it is that the City intends to say by this statement and what is intended or not intended to do. Commissioner Blake said it is his intention to not grow the City towards the east past that urban service boundary line on the City's own, and not to move urban type development in that direction east, of the eastern boundary line of the Battle Ridge property. Commissioner Blake said however, if a property owner that is contiguous with the City wishes to voluntarily annex into the City, to become part of the City of Winter Springs, and said he feels the City should afford them that opportunity. Commissioner Blake said the last portion of the statement (that he read earlier) and :mid it is important as well to make sure that everyone knows, that this Commission, has on several occasions, resolved to meet with our neighbors to discuss a joint Re2:ular Meetin2: City Commission April 13. 1998 97-98-27 Pa2:e 10 planning area, to discuss future boundaries (in areas that we touch or may touch in the future) and said to this date that meeting hasn't taken place. Commissioner Blake said it is important to note that we, the City of Winter Springs are willing to do this and we stand ready with this change in our Comprehensive Plan.on the books, and they can implement it. Commissioner Blake said he just wanted to clear the air on exactly what the language, as he believes it says. Manager McLemore said to amplify what has been stated, this does put into place those requests that the City has had from the County and said a lot of time has been spent working with Tony Matthews in regards to working out some language that everybody was comfortable with between the County and the City to do what the County wanted to accomplish and said the City has followed through with what we said we were going to do. Manager McLemore said as he mentioned (in a prior meeting) that we (Winter Springs) would take the lead on this issue on preservation of the Hammock and said now the City is in the lead like we said we would do. Tony Matthews, of Seminole County, spoke about a letter he had sent to the City Manager regarding some issues that he raised: protecting the rural area, adopting an interlocal agreement, compo plan policies, and amending the City's compo plan to establish conservation; Mr. Matthews said the City has addressed most of the issues. Mr. Matthews said along with the letter he had attached several plan policies that dealt wiith not only intergovernmental coordination but also future land use, water, sewer and transportation. Also, along with that there was a draft joint planning agreement, which was to do an agreement in two phases. Mr. Matthews also spoke :regarding volunteer annexation. Mr. Matthews recommended an option to Commissioner Blake's lamguage based on what is here already and said the way it is now it states: "the City of Winter Springs shall not through an involuntary annexation extend it's eastern boundary beyond the urban service line..." and stated that he had initially put as amended on "_" (that was to reflect the Resolution) and said the whole first sentence would stay the same; the second sentence which begins with "the City shall reserve the right to annex..." suggested the City looks at rewriting that to say "the City shall not consider voluntary annexation requests beyond the urban service line established by the County until the City and County have adopted a joint planning agreement to define future boundaries of the City". Mr. Matthews said that is what he understood what we (County and City) wanted to do. Mr. Matthews mentioned that the County is meeting with the City of Oviedo to work out a similar joint planning agreement with them; and stated that they have had one meeting and will have more in the future. Mr. Matthews said that is his proposal that he recommends to the Commission. Discussion ensued. Mr. David Moon, Director of Planning for the City of Oviedo, gave the Mayor and Commission a letter from the City of Oviedo's Council Chairman, and read the second paragraph of the letter, which stated: "the City Council of Oviedo requests that the City of Winter Springs not annex the Battle Ridge property or assign a land use different than that currently assigned by Seminole County's Small Area Study, and Comprehensive Plan. Reasons supporting Oviedo's position have Ree:ular Meetine: City Commission Avril 13. 1998 97-98-27 Pae:e 11 previously been submiued for the record at other hearings held by the City of Winter Springs. Annexation of Battle Ridge in the City of Winter Springs, is not in the best interest of either your community or the City of Oviedo". Mr. Moon asked the Commission to take into consideration the letter as well as the other documents (submitted in the past) that the City of Oviedo has presented to the Commission." Mayor Partyka closed the Public Hearing. Commissioner Martinez said in reference to the letter just presented to the Commission, stated currently in the County's small area study and Comprehensive Plan, it states clearly that this land can be used with three different densities of residential uses, commercial and industrial. Commissioner Gennell sltated that she has been opposed to the whole concept since the beginning and said she doesn't think the City of Winter Springs belongs on the other side of the GreeneWay when the City has things inside (the City) that needs to be taken care of a lot quicker. Motion was made by Commissioner McLeod to approve Agenda Item C. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: nay; Commissioner Martinez: aye; Commissioner B1acke: aye; Commissioner Miller: nay; Commissioner McLeod: aye. Motion passes. Community Development Department/Planing Division D. Requests the City Commission hold a First Public Hearing and approve for adoption Ordinance 699 to revise Ordinance No. 695 to redesignate the jurisdictional wetlands for the Battle Ridge Property from "Lower Density Residential" to "Conservation" on the Future Land Use Map. PURPOSE: to request the Commission hold a First Public Hearing to revise Ordinance No. 695 concerning the Battle Ridge Large Scale Comprehensive Plan Amendment. Ordinance 695 changed the future land use designation of the Battle Ridge Property from County "Suburban Estates" (1 DU per acre) to City "Lower Density Residential" (1.1 to 3.5 DU per acre). Ordinance 699 redesignates the jurisdictional wetlands from "Lower Density Residential" to "Conservation" on the Future Land Use Map. This proposed action is in response to the request by Seminole county and the City of Oviedo. THIS ITEM TABLED FROM THE MARCH 23,1998 MEETING: Motion was made by Commissioner Blake to read Ordinance 699 by title only on first reading. Seconded by Commisslioner Martinez. Discussion. Vote: Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Gennell: aye. Motion passes. Attorney Guthrie read Ordinance 699 by title only on First Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked if anyone present wished to speak. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Commissioner Gennell sta.ted that she is going to oppose this because it is in conflict with the Small Ree:ular Meetine: City Commission April 13. 1998 97-98-27 Pae:e 12 Area Study and said she doesn't think the City should be doing this. Motion was made by Commissioner Blake to move Ordinance 699 on to Second Reading. Seconded by commi~;sioner McLeod. Discussion. V ote: Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Gennell: nay; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Community Development Department/Planning Division E. Requests the City Commission adopt Resolution No. 843 declaring that all contingencies have been fulfilled related to the adoption and effective dates of ordinance No. 694 (Battle Ridge property annexation), Ordinance Ko. 695 (Comprehensive Plan Amendment Designation), and Ordinance No. 696 (initial zoning) and the Battle Ridge Development Agreement. PURPOSE: Ordinance No. 694 (Battle Ridge property annexation), Ordinance No. 695 (Comprehensive Plan Amendment Designation), Ordinance No. 696 (initial zoning) and the Battle Ridge Development Agreement were earlier proposed by the property owner and passed by the City Commission contingent upon the adoption and effective date of each other. The attached Resolution No. 843 indicates that upon reconsideration of Ordimmce No. 695, all contingencies relating to the ordinances and approval of the agreement are fulfilled and said Ordinances and Agreement are effective. Resolution No. 843 also directs that Ordinance No. 695 be transmitted to the Department of Community Affairs as required by Chapter 163, Florida Statutes. THIS ITEM TABLED FROM THE MARCH 23, 1998 MEETING: Mayor Partyka stated that this item is withdrawn from the agenda. Attorney Guthrie stated that this will come back and will acted upon, presented to the Commission when Ordinance No. 699 comes back for second reading. Mayor Partyka called a recess at 9:00. Mayor Partyka reconvened the meeting at 9:12 p.m. Community Developmenit Department/land Development Division G. Presenting to the Commission the recommendation of the Districting Commission as it relates to the redistricting of the City and to request approval of the First Reading of Ordinance No. 701 which will establish district boundaries reflecting the February 1, 1998 population. PURPOSE: to present to the Commission the recommendation of the Districting Commission as it relates to the redistricting of the City and to request approval of the First Reading of Ordinance No. 701: Motion was made by Commissioner Martinez to approve the first reading of Ordinance No. 701 and to read by tiltle only. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Commissioner Miller absent from the dias for the vote. Motion passes. Attorney Guthrie read Ord. 701 by title only on First Reading. Commissioner Blake thanked Donald LeBlanc and the Districting Commission for the good job that was done. Motion was made by Commissioner McLeod to move Ord. 701 on to Second Reading. Seconded by Commis!iioner Miller. Discussion. Vote: Commissioner Miller: aye; Regular Meeting City Commission April 13. 1998 97-98-27 Page 13 Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. City Manager H. Requesting the Commission review various options for the Commission Chambers' audio visual system. PURPOSE: to provide the City Commission with various options for the Commission Chambers' audio visual s,ystem, and request the Commission review the various options and select the option deemed mos:t appropriate. THIS ITEM TABLED FROM THE MARCH 9, 1998 MEETING: Joanne Dalka and John Drago gave their presentation. Discussion. Motion was made by Commissioner Gennell to approve Option #4, for $21,868.56 plus 10% contingency. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gellnell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. Police Department I. Requesting the Commission review recommendations from meeting the needs for vehicles due to the additional personnel approved by prior Commission action. PURPOSE: to provide the Commission with information and a recommendation for acquiring additional vehicles to meet the needs for the Police Department in light of the addition of eight Police Officers under the Universal Hiring Grant: Police Chief Kerr gave his presentation and said that he would like to purchase eight Plymouth Breezes. Discussion ensued. Paul Finnegan, spoke regarding looking at a motorcycle unit. Motion was made by C(]Immissioner Martinez to approve the purchase of eight vehicles and that the vehicles be purcll1ased as needed and also to use Grant monies if possible. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner Martinez: aye. Motion passes. City Manager - ADD-ON J. Requesting the Commission to determine street lighting policy relative to the Tuscawilla Assessment District, and to review and approve the Assessment District Report from the City's Assessment Consultants. PURPOSE: to have the Commission establish its policy relative to funding the cost of street lighting in the Tuscawilla Assessment District and to adopt the Assessment District Report prepared by G.S.G: Manager McLemore gave his presentation. Re2ular Meetin2 City Commission April 13. 1998 97-98-27 Pa2e 14 Discussion ensued. Motion was made by Commissioner Blake to adopt the use of concrete poles with 100 watt cobra fixtures in areas that have underground wiring; and the use of wood poles with 100 watt cobra fixtures in areas that have above ground wiring and that this is the standards as a base for an upgrade, only for beautification districts. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Motion was made by Commissioner Blake to set the preliminary assessment rate for the Tuscawilla Beautification Improvement Assessment District at $105.00 per year. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Gennell: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. REPORTS A. City Attornev - Frank Kruppenbacher: No Report. C. Commission Seat III Ed Martinez, Jr.: Commissioner Martinez mentioned the request from children (last year) regarding a skateboard park and stated that a House Bill has passed removing the liability to local governments and is going onto the next step and stated to.at he is hopeful that if this passes the City will provide an area for the children for skateboarding. Commissioner Martinez mentioned his recent stay in Alabama (for FEMA) and talked about local mitigation strategies. D. Commissioner Seat IV - Cindy Gennell: Commissioner Gennell asked the Commission who will be attending a breakfast on Thursday mornmg. Commissioner Gennell said in the minutes from March 30, 1998, page 4, where Attorney Guthrie read a statement into the record, it says "see attached" and said that this is not the first time there is nothing attached. The City Clerk explained that the attachments are with the original minutes in the vault and explained that if anyone wants a copy of the minutes the attachments go with the copy. Commissioner Gennell said she had heard of a device that is placed under a stove hood and if there is a fire, it automatically opens and omits a powder to put out the fire; and stated that a City's Fire Department is giving away these devices and asked the City Manager to have the Fire Chieflook into this. Commissioner Gennell asked about the final results of the Spring Fest. Manager McLemore said the results were not good and that he will bring back the details to the Commission following his Re2ular Meetin2 City Commission April 13. 1998 97-98-27 Pa2e 15 meeting with Mountain View Production. Commissioner Gennell asked about annexing property on the other side of the Spring Hammock. Commissioner Gennell stated that while she was in Tallahassee, the Florida League of Cities new building has a time capsule and said she had the City's town center design put into the time capsule. Commissioner Gennell asked the status of the inventory. Manager McLemore said it is almost complete. Commissioner Gennell asked to have Staff look at the light criteria along the S.R. 434 corridor. Commissioner Gennell asked about the letter from School Board Member Bob Goff. E. Commissioner Seat V - David McLeod: No Report. F. Commi:;sion Seat I Robert S. Miller: Commissioner Miller asked the status ofthe S.R. 434 Redevelopment District. Discussion. It was determined that this will be an agenda item relative to getting started on a pilot area in the redevelopment district. Commissioner Gennell mentioned that the City who is giving away the devices she spoke about was the City of Casselberry. G. Commission Seat II - Michael S. Blake: Commissioner Blake mentioned that he was with someone from the Chicago area that had heard about the City's Town Ce:nter on an airplane. Commissioner Blake said it was good to see the Firefighters picking up trash along S.R. 434 on Saturday. Commissioner Blake said there are currently two communication towers on City Hall property and said one needs to be gotten rid of. Manager McLemore said he has a list of vendors to get proposals for the removal of the old tower. Commissioner Blake said he has not received the quarterly investment report from the retirement fund and said the Commission was to get the reports quarterly. Commissioner Martinez reminded the Commission of the City's blood drive on Friday April 17, 1998. H. Mayor's Office - Paul P. Partyka: Mayor Partyka also reminded the Commission and those present of the blood drive on Friday. Re2ular Meetin2 City Commission April 13. 1998 97-98-27 Pa2e 16 B. City Manager - Ronald W. McLemore: Manager McLemore mentioned that there will be a 30 minute up-date on Informational Services at the next meeting. Discussion on the items for the workshop on April 20. 1998. The items to be discussed will be: Commission policies and procedures, flood plain ordinance, arbor ordinance, the Code of Ordinances and the City Manager's evaluation process. Discussion on the time for the workshop. It was determined that the workshop will start at 5:30 p.m. The meeting adjourned at 10:55 p.m. Respectfully Submitted, Margo M. Hopkins, City Clerk APPROVED: PAUL P. PARTYKA, MAYOR