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HomeMy WebLinkAbout1999 07 12 Consent Item F COMMISSION AGENDA ITEM F Consent X Informational Public Hearings Regular July 12. 1999 Regular Meeting Mgr. / Dept. Authorization CONSENT F. City Clerk's Office Approval of the Minutesfor the Regular Meeting of May 24,1999. / CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MAY 24, 1999 I. CALL TO ORDER The Regular Meeting of the City Commission was called to order at 6:30 p.m. by Deputy Mayor Cindy Gennell in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). A moment of silent prayer was followed by the Pledge of Allegiance. ROLL CALL: Mayor Paul P. Partyka, arrived at 6:38 p.m. Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David McLeod, present City Manager Ronald W. McLemore, present Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, present AGENDA CHANGE: THE COMMISSION ASKED THAT REGULAR ITEM "G" AND REGULAR AGENDA ITEM "D" BE MOVED UP. II. PUBLIC INPUT Donna Baker, 615 South Edgemon Avenue, Winter Springs, Florida: spoke on the commercial vehicle issue, and addressed the issue of height limitations of personal commercial vehicles. Ms. Baker also stated that she does not see any "blight" in area neighborhoods. Janet Hintz, 1635 Tiverton Street, Winter Springs, Florida: as a health care professional, Ms. Hintz spoke on the fluoride issue, and commented that young children need fluoride the most. Mayor Paul P. Partyka arrived at 6:38 p.m. Mayor Partyka spoke about the City awarding the Winter Springs High School Girls Track Team a plaque for their winning efforts. CITY OF WINTER SPRINGS M[NUTES CITY COMMISSION REGULAR MEET[NG - MAY 24, [999 PAGE 2 OF 16 Antoinette Jardin, 15 La Vista Circle, Winter Springs, Florida: stated that her property abuts the Texaco Station property, and as a resident, was very concerned with the unsightly area and open trenches. Mr. Don LeBlanc, Land Development Coordinator spoke on the contractor's dispute and the related AIA documents. Mr. LeBlanc added that work should be resuming on Thursday. Commissioner Robert S. Miller asked Mr. LeBlanc to check on this. Mr. LeBlanc stated that he would call the Contractor about this matter tomorrow. There was further discussion on the open sewer lines; connections; easements; and potential City liability. Commissioner Michael S. Blake asked that someone check this situation out, and to take whatever action was necessary. Jan Seldin, 207 Allegre Court, Winter Springs, Florida: asked about a possible barricade to the North entrance of Seville Chase, to avoid cut-through traffic. Ms. Seldin spoke on memorandums that had been sent by the Fire Chief Tim Lallathin, and potential problems with the reduced response time, if this was to happen. Commissioner David W. McLeod stated that his understanding was that the Developer was asking for this, and that the City did not support this. City Manager Ronald W. McLemore agreed. Mr. LeBlanc was asked for his comments, and agreed that he knew of no permission that had been given to the Developer regarding the implementation of this. Commissioner McLeod asked that Manager McLemore check on this issue. Bob Rode, 617 David Street, Winter Springs, Florida: spoke on the issue pertaining to commercial vehicle parking, and problems with neighborhood cats. Manager McLemore agreed to check on this matter. Janet LaPlaca, 622 Murphy Road, Winter Springs, Florida: stated that she was still not pleased with what has been done thus far regarding commercial vehicle parking, and hoped that non-conforming vehicles would be allowed to remain - with a permit. Commissioner McLeod thanked Ms. LaPlaca and the other residents who had tried to provide positive input on this issue ReginaBereswill, 1190 MacTavandish Drive, Oviedo, Florida: as the President of the MacKinley Mill's Homeowner's Association, Ms. Bereswill spoke of their concern with area annexation issues, and future developments proposed near their subdivision. Susan Pearsall, 1315 MacTavandish Drive, Oviedo, Florida: submitted a letter on behalf of Valerie EI-Jamil of MacKinley's Mill, and also addressed the issue of annexations near their subdivision. Jim Miller, 236 Buttonwood Avenue, Winter Springs, Florida: spoke on grandfathering issues as they related to the commercial vehicle parking matter. CITY OF W[NTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 24, 1999 PAGE 3 OF 16 AGENDA CHANGE: THE COMMISSION MOVED PUBLIC HEARINGS AGENDA ITEM "B" UP. III. PUBLIC HEARINGS (FROM THE MAY 1 0, 1999 AGENDA) City Attorney A. Requests the City Commission Consider Adoption of the Attached Ordinance Number 720, Setting a Referendum on November 2, 1999 on the Question of Whether or Not the City Should Add Fluoride to the City's Public Drinking Water. (THIS WAS PUBLIC HEARINGS AGENDA ITEM "E" ON THE MAY 10, 1999 AGENDA - WHICH WAS NOT DISCUSSED ON THAT DATE). "MOTION TO READ BY TITLE ONLY". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. There was discussion by Members of the Commission regarding the numerous materials that they have received and read on the subject of fluoridation. Commissioner McLeod then stated for the record, "That I am very much opposed to the fact of fluoride in the water - it is a medical substance, and I do not believe, as I've read, that it is our position to put a medical substance presently in our drinking water, that could affect one, two, or three in an adverse manner of our citizens. I do not believe that that's the intent of what we should be doing under government, and I do believe that there is enough fluoride in substance that we today receive as I read through a lot of information, that probably very well sustains the fluoride need for today, and the children - again the younger ones are the ones that seem to need it, and they very quickly grow beyond that point, so what are we doing for the rest of the people, other than spending the tax dollar. Thank you". "AT THIS TIME I'D LIKE TO MAKE A MOTION THAT THIS DOES NOT GO TO A REFERENDUM VOTE; AND THAT THIS BECOMES A VOTE OF THIS COMMISSION, THIS EVENING, AS TO WHETHER TO FLUORIDE OR NON- FLUORIDE THE WATER". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: NAY; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: NAY. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 24, 1999 PAGE 4 OF 16 COMMISSIONER McLEOD THEN STATED, "I'D LIKE TO MAKE A MOTION THAT WE DO NOT FLUORIDE OUR WATER AT THIS TIME, AND TO LET THE PEOPLE RESEARCH THIS THING, AND SOMEWHERE DOWN THE LINE, IF THEY NEED TO BRING IT BACK UP, THAT'S FINE". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Tape I/Side B There was further discussion on this subject as to the non-binding referendum; those who were for or against this issue; and previous comments that have been received from experts for or against the use of fluoride. VOTE (TO NOT FLUORIDE THE CITY'S WATER): COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: NAY; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. AGENDA CHANGE: THE FOLLOWING AGENDA ITEM WAS MOVED UP AT THE REQUEST OF THE COMMISSION. VII. PUBLIC HEARINGS Community Development Department - Code Enforcement Division B. Requests the City Commission Approve the First Reading of Ordinance 721, the Code Regulating Commercial Vehicle Parking "MOTION TO READ ORDINANCE 721 BY TITLE ONLY". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: NAY; COMMISSIONER McLEOD: NAY. MOTION CARRIED. Deputy Mayor Gennell was asked why she voted "Nay", and Deputy Mayor Gennell explained that due to nature of this Ordinance and related issue, that it should be read in it's entirety. Attorney Robert Guthrie began reading Ordinance 721. Mayor Partyka called a recess at 7:45 p.m. recess The Meeting was called back to order at 7:56p.m. CITY OF W[NTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 1999 PAGE 5 OF 16 Attorney Robert Guthrie continued reading Ordinance 721. There was discussion on the spelling of the Mayor's name on the last page of the Ordinance; the use of the word "authorize"; applicable "size" as related to special permits; working together with the public as much as possible; and the suggestion that if an individual met two of the three criteria, then that could fall into the "special permit" category. Further discussion ensued on possible exceptions to the fencing and garaging requirements; along with increasing the height restrictions (of cube vans) from eight (8) feet to ten (10) feet, for a two (2) year (exception) period. Mayor Partyka polled the Commission regarding their opinions on this proposed change of height restrictions. The consensus was from eight (8) feet to ten (10) feet. Attorney Guthrie added that we should consider adding a "date certain" of June 14, 1999. This was agreed to. Mayor Partyka opened the "Public Input" portion of the program. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: spoke on what she felt was discrimination - in that Homeowner Associations were allowed to speak for five minutes, whereas individuals could only speak for three minutes. Ms. Drebert also added that the commercial vehicles issue seemed to be discrimination against the "poor side of town". Bob Rode, 617 David Street, Winter Springs, Florida: was concerned about the restrictions for a five (5) foot by eight (8) foot trailer; and the appropriate parking location of a box truck. Janet LaPlaca, 622 Murphy Road, Winter Springs, Florida: felt that Commissioner Miller was very concerned with this issue, and she invited Commissioner Miller to look at the areas in question, including her own residence. Mayor Partyka closed the "Public Input" portion of the program. There was brief discussion on what could happen in the future; "dying classes"; and related costs for violations. Tape 2/Side A COMMISSIONER McLEOD STATED, "I WOULD LIKE TO MAKE THE MOTION THAT WE MOVE IT TO THE SECOND READING, WITH THE CHANGES AS OUTLINED THIS EVENING". SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 1999 PAGE 6 OF 16 IV. REGULAR AGENDA (FROM THE MAY 10, 1999 AGENDA) Community Development Department - Planning Division A. Presents to the Commission, for their Action, the Recommendation of the Planning and Zoning Board as it Relates to the Final Engineering for Winter Springs Retail Center. (THIS WAS REGULAR AGENDA ITEM "C" ON THE MAY 10, 1999 AGENDA - WHICH WAS NOT DISCUSSED ON THAT DATE). Mr. LeBlanc introduced this Agenda Item to the Commission for their review. Followed was discussion on easements; Celery A venue; entrances and egress; backflow devices, septic, sewer; proposed plans for the front of this property; sales of the property; tenants; exterior materials and colors planned for this building; the size of the building; planned landscaping designs; and possible future developments for this project. There was also discussion whether the valve could be relocated. The Mayor added, "Let the record show that the valve is okay by the Fire Chief, in terms of a relocation on that". "MAYOR, I'LL GO AHEAD AND MAKE THE MOTION TO APPROVE THE PLANS TO INCLUDE WITH THIS APPROVAL THE METHOD OF CONSTRUCTION THAT WAS ILLUSTRATED TO US THIS EVENING ON THE BOARD EXHIBIT" - "THAT THE CONSTRUCTION OF THAT IS A STUCCO, PAINTED STUCCO ON ALL FOUR SIDES, OR ALL EXTERIOR SIDES OF THE BUILDING, TO INCLUDE THE MOVING OF THE BACKFLOW CHECK VALVE FROM THE STREET SIDE TO THE WEST SIDE OF THE PROPERTY, BEHIND THE FRONT BUILDING LINE, AS APPROVED AT THIS MEETING BY THE FIRE CHIEF". MOTION TO APPROVE THIS AGENDA ITEM BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: NAY; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Community Development Department - Planning Division B. Presents to the Commission, for their Action, the Recommendation of the Planning and Zoning Board as it Relates to the Final Development Plan/Preliminary Engineering for the Proposed St. Stephen's Catholic School. (THIS WAS REGULAR AGENDA ITEM "B" ON THE MAY 10, 1999 AGENDA - WHICH WAS NOT DISCUSSED ON THAT DATE). There was brief discussion on this Agenda Item pertaining to whether changes had been taken care of; and whether this project was being put on hold. CITY OF W[NTER SPRINGS MINUTES CITY COMMISSION REGULAR MEET[NG - MA Y 24, 1999 PAGE 7 OF 16 "MOTION TO APPROVE". MOTION TO APPROVE THIS AGENDA ITEM BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. City Attorney C. Requests City Commission Authorize Payment of Fees to Holland & Knight, LLP. for Services and Costs Over and Above Those Contracted for in Partyka vs. Blake, Gennell, et aI., and the City of Winter Springs. (THIS WAS REGULAR AGENDA ITEM "F" ON THE MAY 10, 1999 AGENDA - WHICH WAS NOT DISCUSSED ON THAT DATE). Attorney Guthrie spoke briefly on this Agenda Item, and explained some of the reasons for the incurred costs for services rendered. Discussion. "MR. MAYOR, I'LL MOVE FOR APPROVAL". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Commissioner Edward Martinez, Jr. D. Requesting the Commission to Discuss Location of an Elementary School in the City of Winter Springs. (THIS WAS REGULAR AGENDA ITEM "H" ON THE MAY 10, 1999 AGENDA - WHICH WAS NOT DISCUSSED ON THAT DATE). Commissioner Martinez spoke on his concern with establishing a new school site in relation to the Comprehensive Plan, and to then inform the School Board of a location for a new school within the City of Winter Springs. Further discussion ensued on compliance with the City's Comprehensive Plan; budget; providing or securing land for a new school site; and re-zoning issues. It was agreed that a letter from either the City Manager or the Mayor should be sent to the School Board, to advise them that there is land available in the City for a new school. Manager McLemore stated that he would copy the letter to the Commission. AGENDA CHANGE: THE FOLLOWING TWO AGENDA ITEMS WERE MOVED UP, AT THE REQUEST OF THE COMMISSION. BOTH AGENDA ITEMS WERE DISCUSSED SIMUL T ANEOUSL Y. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 1999 PAGE 8 OF 16 VIII. REGULAR AGENDA City Attorney G. Requesting the City Commission To Discuss Rules of Procedure for Conducting Regular and Special Commission Meetings, and to Determine Whether There is A Need to Amend Existing Rules of Procedure. Mayor - ADD ON H. Requesting that the City Commission Set a Date to Hold a Workshop on Commission Meeting Procedures. Tape 2/Side B There was discussion on the ending of the May 10th, 1999 City Commission Meeting; along with such issues as parliamentary procedures; acceptable methods of adjournment; pending business before the Commission; and suggested rules of participation. Commissioner Martinez read a personal statement into the record, (See Attachment "A"). The Commission agreed to meet on Monday, June 7, 1999 at 6:30 p.m. and that this meeting would be held in the Training Room at City Hall. Mayor Partyka agreed to provide dinner. NOTE: The time of this meeting was later changed to begin at 6:00 p.m., Monday, June 7, 1999. v. CONSENT AGENDA Police Department A. Requesting the Commission to Give Approval to Bid on Six 1997 Ford Crown Victoria Used Police Vehicles. There was much discussion on this issue, in terms of why should we purchase vehicles with such high mileage; outfitting the vehicles once purchased; guaranteeing the purchase of quality vehicles through the bid process; the itemization of related costs; current mileage; maintenance issues; did the Police Chief feel that the Crown Victoria was the "car of choice"; and present use versus previous use of police vehicles. "I MAKE A MOTION TO APPROVE (ITEM 'A"'). COMMISSIONER MARTINEZ. MOTION BY MOTION DIED FOR LACK OF A SECOND. CITY OF W[NTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, ] 999 PAGE 9 OF 16 "MAYOR, I'D LIKE TO MAKE A MOTION TO DIRECT THE CITY MANAGER TO HAVE THE CHIEF COME BACK TO US AT THE NEXT MEETING WITH A MORE COMPLETE ANALYSIS OF THE POLICE CAR FLEET, TO INCLUDE COST ESTIMATES OF GOING THIS ROUTE, VERSUS SOMETHING CLOSER TO HOME". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. THE MOTION WAS AMENDED BY COMMISSIONER BLAKE: "THAT SOME SORT OF AN ANALYSIS OF THE FUTURE CAPITAL NEEDS MIGHT BE FOR THE VEHICLES, OVER THE NEXT COUPLE OF YEARS". SECONDED (AGAIN) BY COMMISSIONER MILLER. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: NAY; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: A YE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Public Works/Stormwater Division B. Requesting Authorization to Enter into an Agreement with St. Johns Riyer Water Management District for the Stormwater Management Cost Sharing Program. City Clerk's Office C. Approval of Minutes of the Regular Meeting of February 8, 1999. City Clerk's Office D. Approval of Minutes of the Regular Meeting of February 22, 1999. Commissioner Miller stated that the minutes should be corrected to show that he was absent, and not present, which is currently reflected. Commissioner Blake asked why both the February 8, 1999 and the February 22, 1999 minutes show that Attorney Frank Kruppenbacher was absent, and that Attorney Robert Guthrie was present. There was discussion as to how the Clerk should be directed to do Roll Call and how Roll Call should be noted in the minutes. There was additional discussion on the City Attorney, in relation to this issue. Tape 3/Side A "I'D LIKE TO MAKE A MOTION WE EXTEND THE MEETING PAST 11:00". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. CITY OF W[NTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 1999 PAGE 10 OF 16 Commissioner Blake then read from the City Charter (Section 4.10.) regarding providing direction to the City Clerk on his/her duties. Mayor Partyka said that he would take this under advisement and return with his decision in three (3) weeks. "I'LL MAKE A MOTION TO APPROVE CONSENT AGENDA ITEMS, EXCLUSIVE OF "A", AND INCLUSIVE OF CORRECTIONS NOTED FOR ITEMS "C"AND "D" IN THE MINUTES". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. VI. INFORMATIONAL AGENDA Fire Department A. Requests that the City Commission Review the Results of the City of Winter Springs Employee Blood Drive. Parks and Recreation Department B. Requests that the City Commission Review Information on Supervised Basketball Playtime this Summer at TorcasoPark. "MOTION TO APPROVE" (THE INFORMATIONAL AGENDA). MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. AGENDA CHANGE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER THEY WERE HEARD. VII. PUBLIC HEARINGS Community Deyelopment Department - Planning Division E. Requests the Commission Hold a Public Hearing for a First Reading of Ordinance 724 on a Proposal to Adopt the GreeneWay Interchange District Large Scale Comprehensive Plan Amendment. MOTION TO READ BY TITLE ONLY. "SO MOVED". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEET[NG - MAY 24, ] 999 PAGE I[ OF]6 COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator introduced this Agenda Item to the Commission for their review. There was brief discussion on this issue regarding time restraints and advertising requirements. Mr. Hugh Harling with Hugh Harling and Associates, representing the Casscells family spoke on some of the merits of this proposed Ordinance. The Commission felt that normally there would bea Workshop scheduled to discuss something ofthis magnitude. Commissioner McLeod added, "I just want to make sure on the record here, that, the City Manager and 1 have spoken about this, the Dunkin-Bowman Associates, the property adjoining it to the North, basically has nothing to do with this particular agreement at this time, or falling into this particular districting, at this time". Attorney Guthrie read the Ordinance, by "title only". "I MAKE A MOTION TO MOVE ORDINANCE NUMBER 724, AMENDING THE FUTURE LAND-USE MAP AND CREATING A NEW DESIGNATION OF GREENEW A Y INTERCHANGE DISTRICT TO A SECOND READING, AT THE NEXT MEETING". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Community Development Department - Planning Division F. Requests the City Commission Hold a Public Hearing for First Reading of Ordinance 725 to Adopt the GreeneWay Interchange Zoning District Text and Map. "MOTION TO READ BY TITLE ONLY". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Attorney Guthrie read the Ordinance, by "title only". Discussion ensued pertaining to Attachment "C"; concern with access by our Fire Department vehicles for a seventy foot reach; materials that can be used for walls and buffers; and grade levels. CITY OF WINTER SPRINGS M[NUTES CITY COMMISSION REGULAR MEETING - MA Y 24, 1999 PAGE 12 OF 16 The Commission felt that a Workshop was warranted on this issue, and they agreed to hold it on Monday, June 7, 1999, beginning at 8:00 p.m. Deputy Mayor Gennell asked that "A comparison between our 434 corridor codes and where this differs, if it does" be included. Community Development Department - Code Enforcement Division C. Requests the City Commission Approve Changes to Chapter 5 of the City of Winter Springs Code of Ordinances to Tree Removal. Ms. Jimette S. Cook, Code Enforcement Officer spoke about some of the revisions to this Code including definitions; evasive species; "topping"; the removal of trees at construction sites; exempting Florida Power services when applicable; and "unnatural pruning" . This Item will be brought back to the Commission in the form of an Ordinance. Community Development Department - Planning Division D. Requests the Commission Hold a Public Hearing on a First Reading of Ordinance 723 to Consider Annexation of a 7.558 Acre Parcel Approximately ~ Mile East of the Beltway on the North Side of S.R. 434. "MOTION TO READ BY TITLE ONLY". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Attorney Guthrie read the Ordinance by "title only". Mr. Grimms spoke briefly on this issue. Mr. Grimms was asked to read some correspondence from members of the MacKinley's Mill Homeowners Association, regarding their concerns. To allow Mr. Grimms to read the documentation, further discussion on this Agenda Item was delayed until a little later in this meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 24, 1999 PAGE 13 OF 16 VIII. REGULAR AGENDA City Attorney E. The Commission is Requested to Consider Execution by the City of a Quick Claim Deed (QCD) for the Southern 20' of the Western Portion of Lot 56, Plat of Springs Hammock, Plat Book 2, Pages 2-5, Public Records of Seminole County, Located on Sheperd Road. Attorney Guthrie explained some of the details pertaining to this Agenda Item which involved offering the owners a Quick Claim deed, "In exchange for something that we have had pending for some time, which is a suggested sidewalk and utility easement". There was brief discussion on the actual location of the property. "I'LL MOVE TO APPROVE ITEM "E" ON THE AGENDA, THE QUICK CLAIM DEED FOR THE SOUTHERN 20' OF THE WESTERN PORTION OF LOT 56, PLAT OF SPRINGS HAMMOCK, PLAT BOOK 2, PAGES 2-5, PUBLIC RECORDS OF SEMINOLE COUNTY, LOCATED ON SHEPERD ROAD". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. City Manager F. Informs the Commission that County Planning Staff has Prepared a Draft "Preliminary Greeneways & Trails Plan - Winter Springs" Map Depicting a Proposed Minor Trail 12 Feet Wide Traversing Through the Highlands P.U.D. Deputy Mayor Gennell and Mr. Grimms both spoke on this Agenda Item, regarding past and present discussions which have proposed possible trails throughout the County, and which involved land in the City of Winter Springs. Further discussion ensued on easements; negative impacts on our City regarding certain portions of the suggested trail; and possible alternative trail routes. The Commission decided that the Mayor and/or the City Manager should send a letter to the Acting County Manager of Seminole County, Ms. Cindy Coto. CITY OF WINTER SPRINGS M[NUTES CITY COMMISSION REGULAR MEETING - MA Y 24, 1999 PAGE 14 OF 16 AGENDA CHANGE: THE FOLLOWING ITEM IS THE CONCLUSION OF THIS AGENDA ITEM, WHICH WAS DELAYED FROM A LITTLE EARLIER IN THE MEETING. Community Development Department - Planning Division (Conclusion) D. Requests the Commission Hold a Public Hearing on a First Reading of Ordinance 723 to Consider Annexation of a 7.558 Acre Parcel Approximately ~ Mile East of the Beltway on the North Side of S.R. 434. There was discussion on trunk lines; urban services and the Urban Service Boundary. Tape 3/Side B The Commission discussed with Manager McLemore, Attorney Guthrie and Mr. Grimms the verbiage used in the Agreement; the Suburban Acre ruling; changes in zoning; and the intended use of the property. "I MOVE IT ON TO SECOND READING, WITH THE CAVEAT THAT THE APPLICANT ENTER INTO A PRE-ANNEXATION AGREEMENT, AGREEING TO ABIDE BY AND HAVE THE PROPERTY COME UNDER THE NEW DEVELOPMENT 434 CORRIDOR REQUIREMENTS OR CODE". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. IX. REPORTS A. Law Firm of Frank Kruppenbacher, P.A. No Report by Attorney Guthrie. B. City Manager - Ronald W. McLemore Manager McLemore advised the Commission of his plans to schedule a meeting with Seminole County Commissioner Randy Morris and various staff members regarding future plans for our City. Manager McLemore asked that at least one elected official be in attendance. Discussion. The Commission asked to be informed of the planned date for this meeting, and they would confirm their attendance upon notification. "I MAKE A MOTION TO DIRECT THE CITY MANAGER TO CONTACT THE APPROPRIATE PEOPLE AT THE COUNTY TO SET UP A MEETING BETWEEN HIS STAFF, COUNTY STAFF, AND COMMISSIONER MORRIS, AND TO LET US KNOW WHEN THAT IS, AND AS MANY OF US THAN CAN CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 1999 PAGE [5 OF 16 OR WISH TO WILL ATTEND". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. C. Commission Seat IV - Cindy GennelI Deputy Mayor Gennell asked about the Bike Lane project being placed on hold; and when will it be brought before the Commission again. Manager McLemore stated that this issue will be on the next Agenda. D. Commission Seat V - David McLeod Commissioner McLeod asked that Attorney Guthrie present the City Commission with an official letter regarding the status of his firm, by the next Commission Meeting. Commissioner McLeod also asked that Manager McLemore bring his contract to the Commission, at the next meeting - for review. E. Commission Seat I - Robert S. Miller Commissioner Miller commented on the Bike Lanes (near the "Breakers Restaurant" on Coast Road) in New Smyrna Beach, Florida. Commissioner Miller suggested that our Staff should get with the City of New Smyrna Beach for further information on this matter. F. Commission Seat II - Michael S. Blake Commissioner Blake asked about a letter from citizen Terry Scarlata, which involved issue pertaining to public records. Discussion. Commissioner Blake also asked about getting the Code of Ordinances on the Internet; and he asked the status of the Code of Ordinances being updated by the Municipal Code Corporation. G. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez asked about the status of the Adult Entertainment Ordinance, and Attorney Guthrie said that it may need to go to a referendum, and that he would bring it back to the Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 24, 1999 PAGE 16 OF 16 Commissioner Martinez spoke about a memorandum from Frank Kruppenbacher regarding the skateboarding issue, and he asked for additional information regarding this matter. Commissioner Martinez also asked about the status of Smith Park. Manager McLemore stated that the bids were on the street. Commissioner Blake inquired about the status of the Bond Issue, and he asked if the numbers for the new rates had been reviewed. Manager McLemore stated that this issue will be on the June 14th, 1999 Agenda. H. Mayor's Office - Paul P. Partyka No Report. x. ADJOURNMENT Mayor Partyka adjourned the Meeting at 12:27 a.m. Respectfully Submitted By: Andrea Lorenzo-Luaces, Interim City Clerk City of Winter Springs APPROVED: PAUL P. PARTYKA, MAYOR NOTE: These minutes were approved at the , 1999 City Commission Meeting.