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HomeMy WebLinkAbout_1999 06 14 City Commission Regular MinutesCITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JUNE 14, 1999 . I. CALL TO ORDER The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). There was a moment of silent prayer, followed by the Pledge of Allegiance ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:34 p.m. Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, arrived at 6:32 p.m. City Manager Ronald W. McLemore, present Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, present Commissioner David W. McLeod arrived at 6:32 p.m. Commissioner Michael S. Blake arrived at 6: 34 p.m. AGENDA CHANGE: THE COMMISSION REQUESTED THAT PUBLIC HEARINGS AGENDA ITEMS "C ", "G ", "H" BE HEARD AT THE BEGINNING OF THE PUBLIC HEARINGS AGENDA. Presentations: Manager McLemore introduced the new Parks and Recreation Director, Mr. Charles Pula, who will begin on June 28, 1999. II. PUBLIC INPUT Gene Lein, 1173 Winged Foot Circle, Winter Springs: spoke against the Tuscawilla Beautification District; bids as reported in the Tuscawilla Today; and recent advertising found in the Orlando Sentinel. The Mayor and Commission addressed Mr. Lein's concerns and asked that a new cover letter for the Questions and Answers to the Tuscawilla Lighting and Beautification District Report be made available. The Mayor added, "For the record, and give me a CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14, 1999 PAGE 2 OF 15 time and a date when those people are going to get the correct cover letter, and the correct copy of the questions — one final time, and it must be held — when is that date going to be? When is it going out? And City Manager, I want you to make sure that this gets done ". Discussion. The Commission asked that Manager McLemore go back and review the Questions and Answers to the Tuscawilla Lighting and Beautification District Report, and check on the format of the document, and see if the information could be clearer. Each answer to each question should be typed out in full, with no references to other questions. If the cover letter needs to be changed, then it should be changed to reflect any revisions. Mayor Partyka welcomed Commissioner Martinez back from his recent surgery. Commissioner Martinez thanked everyone for their well wishes. Ellen Weiss, 1203 Winter Springs Boulevard, Winter Springs, Florida: spoke of the time allotted for the meeting; the questions that were answered; and the cover sheet of the Questions and Answers to the Tuscawilla Lighting and Beautification District Report. Mayor Partyka and Manager McLemore agreed that before the week was out, that they would review all of the answers, and the Mayor would answer two (2) of the questions. This document would then be sent out. Al Becker, 1208 Oxbow Lane, Winter Springs, Florida: asked about having water and sewer bills debited from personal checking accounts. Manager McLemore said he would check into this matter. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: spoke on Mr. Joshi having an office and direct telephone line at City Hall. Ms. Drebert also asked if fences could be placed on Moss Road; at the creek; near the tot lot at Torcaso Park; and near a culvert in front of the park. Tom Brown, 717 Adidas Road, Winter Springs, Florida: spoke on advertising in the Seminole Herald, and informing residents of this by placing such information in the City's water bills. Ken Furth, 13 Cherry Laurel Court, #207, Golf Terrace Apartments: spoke on excessive construction noise at Golf Terrace Apartments. Manager McLemore said that they would check the code regarding this matter. Commissioner Martinez added that the Noise Ordinance should be changed. Commissioner McLeod asked that Manager McLemore look into other Ordinances, especially Ormond Beach, Florida's Ordinance regarding this matter, especially in terms of "what is a reasonable time" for construction to begin and to end. The Commission suggested that Staff look into this, and offer some alternatives. Manager McLemore was asked to bring back additional information regarding this matter to the Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14, 1999 PAGE 3 OF 15 III. CONSENT A. Finance Department and Information Services Department Requesting Funding in the Amount of $11,000 to Complete Y2K Software Upgrades of the Financial, Utility Billing, and Occupational Licenses Software Packages to Make Them Y2K Compliant. B. Public Works Department Recommending the City Commission Consider a Policy for Designating Vehicular Travel Lanes. C. Office of the Mayor Approval of Resolution Number 880, Expressing Appreciation to Darline Cook for her Service on the Beautification of Winter Springs Board. D. City Clerk's Office Approval of the Minutes for the Regular Meeting of March 8, 1999. E. City Clerk's Office Approval of the Minutes for the Regular Meeting of March 22, 1999. "MOTION TO APPROVE THE CONSENT AGENDA". MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Mayor Partyka then read the Resolution that had been approved for Ms. Darline Cook for her service on the Beautification of Winter Springs Board. IV. INFORMATIONAL A. Parks and Recreation Department Requests the City Commission Review the City of Winter Springs' 40th Anniversary & 4th of July Celebration Schedule of Events Scheduled to be Held Sunday, July 4, 1999. B. Parks and Recreation Department Is Notifying the City Commission on the Status of the City of Winter Springs Summer Day Camp Program. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14, 1999 PAGE 4 OF 15 C. Police Department Informing the Commission of Traffic Conditions on Wade Street. D. City Manager Informing the City Commission of the Progress and Accomplishments that the City Clerk's Office has made Since February 23, 1999. E. Police Department Informing the Commission of Results of Implementing the New Computer Aided Dispatch System. "I'LL MOVE TO APPROVE THE INFORMATIONAL AGENDA ". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. AGENDA CHANGE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER THEY WERE DISCUSSED. V. PUBLIC HEARINGS C. Community Development Department — Planning Division Requests the Commission Hold a Public Hearing on the Second Reading and Adoption 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. Tape 1 /Side B Mr. Charles C. Carrington, AICP, Community Development Director, Mr. Thomas Grimms, A1CP, Comprehensive Planning/Zoning Coordinator, and the Commission discussed utility services to this site; trunklines; the Battle Ridge Agreement; surrounding properties; the size of the parcel; the Urban Service Boundary; and the language of the document that had been agreed to. There was considerable discussion between the Commission, Manager McLemore and Attorney Guthrie on such matters as "oversize lines" or capacity; the Developer's Agreement; and the Urban Service Boundary Line. Manager McLemore stated that this developer will not be required to build a larger line or pump station for his property. Discussion. Attorney Guthrie read the Ordinance by "title only ". The Mayor opened the "Public Input" portion of the meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -JUNE 14, 1999 PAGE 5 OF 15 Councilman Tom Hagood, 400 Alexandria Boulevard, Oviedo, Florida: as Chairman of the City of Oviedo Council, delivered a letter to the City Commission regarding the Battle Ridge issue, and he referenced third parties to this Agreement. Valerie El Jamil, 1230 MacTavandash Drive, Oviedo, Florida: spoke on the minutes to the last Battle Ridge Steering Committee; annexation issues; re- zoning; and commercial developments. Commissioner Martinez stated for the record, "I would like the City Manager or the Attorney to enlighten me if I am wrong. I tend to agree with the remarks by Commissioner McLeod that some time ago, we entered into this Battle Ridge annexation, and an agreement was developed. We did state, that we would not extend beyond the Urban Line unless it was a voluntary request. This I can remember as clear as day, that was said the way that I am saying it now - I understand that we have a voluntary request before us. It is also fact, that at the time, we tried every way possible to develop a Joint Planning Agreement with the City of Oviedo, and with the County, and all our efforts were unsuccessful. I don't know what has transpired between then and now, but I don't know that any new efforts have been renewed to bring this about. The City of Oviedo, if I recall correctly, refused to enter into a Joint Planning Agreement, because they would not consent to going on record that they would refuse to develop further west and north" Commissioner Martinez then continued, "At the same time, when Randy Morris, the County Chairman came here, we very clearly said to him, that Winter Springs is a City that is locked in. We are surrounded by Oviedo; we are surrounded by a piece of Casselberry, we have the county in some areas. We have Sanford to the north, we have Longwood over there. And I'm saying to myself, and I said it specifically, why is it so hard that you people refuse to see an opportunity to annex property so we can develop some commercial areas that would strengthen our tax rolls, to make sure that our citizens continue receiving the same low millage, that they receive every year ". Commissioner Martinez then added, "And I am pretty sure, like Ms. El Jamil's says, if you go back on the records — I think you can go back on the records and get the tapes out, and you will hear — that we said, that we would not go beyond the Urban Line unless it was a voluntary agreement or a request for annexation; and we have here — a request for a voluntary annexation. Thank you ". The "Public Input" portion of the meeting was closed. Discussion ensued on non - conforming use; tree buffers; local business already in the area; planned businesses for this general area; and the Urban Service Boundary Line. "I MOVE TO ADOPT THE SECOND READING OF ORDINANCE 723, ANNEXING 7.558 ACRE PARCEL APPROXIMATELY HALF A MILE EAST OF THE BELTWAY, ON STATE ROAD 434, AS SHOWN ON ATTACHMENT `B"'. MOTION BY COMMISSIONER MILLER. SECONDED BY CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14, 1999 PAGE 6 OF 15 COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. G. Community Development Department — Planning Division Requests the City Commission Hold a Public Hearing for First Reading and Consideration of Ordinance 727 to Designate the Wofford /Slappey Property (7.558 acres) on the Future Land Use Map "Commercial ". "MOTION TO READ BY TITLE ONLY ". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Attorney Guthrie read the Ordinance by "title only ". The Mayor opened the "Public Input" portion of the meeting. There was no input from the public. Mayor Partyka closed the "Public Input" portion of the meeting. Discussion ensued regarding this issue. The Commission was in agreement that Items "I" and 'T' (involving an archeological grid), and the provisions for the Florida Natural Scenic trail be incorporated into the second reading - along with the comments from the Planning and Zoning Board /Local Planning Agency. Commissioner Blake asked that verbiage regarding "Any other properties between this property and our current City line, at the beltway there, on the north side of 434, that they would also be included automatically" (in our policy). "I MAKE A MOTION THAT WE MOVE THIS FORWARD TO A SECOND READING, INCORPORATING THE ADDITIONAL INFORMATION DISCUSSED THIS EVENING AND THAT THAT SECOND READING WILL BE NOT AT THE NEXT MEETING, BUT AT THE MEEETING THEREAFTER, WHICH IS REGULARLY SCHEDULED ". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE l4, 1999 PAGE 7 OF 15 H. Community Development Department — Planning Division Requests the City Commission Hold a Public Hearing for First Reading and Consideration of Ordinance 728 to Designate the Wofford /Slappey Property (7.558 Acres) on the City's Zoning Map C -2 "General Commercial and Industrial" Zoning District. "MOTION TO READ BY TITLE ONLY ". MOTION BY COMMISISONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Attorney Guthrie read the Ordinance by "title only ". There was discussion on the category of C -2 zoning; designating the front of a parcel as C -1 and the rear portion as C -2; special exceptions; the planned use for this property; buffers; a Developer's Agreement; and adjacent lands. The Mayor opened the "Public Input" portion of the meeting. There was no input from the public. The "Public Input" portion of the meeting was closed. Discussion ensued on what zoning was preferred. Mayor Partyka polled the Commission and the consensus of the Commission was for C -1 zoning. "I'D LIKE TO MAKE A MOTION THAT THIS PROPERTY BE CLASSIFIED UNDER A C -1 CATEGORY ". MOTION BY COMMISISONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Tape 2 /Side A "I WOULD LIKE TO MAKE THAT MOTION THAT WE MOVE IT FORWARD TO THE SECOND HEARING ". MOTION TO APPROVE PUBLIC HEARINGS AGENDA ITEM "H" BY COMMISISONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -JUNE 14, 1999 PAGE 8 OF 15 The Commission then discussed holding a Workshop regarding the GreeneWay Interchange District (the following two (2) Agenda Items). The Commission agreed to hold a Workshop (on this topic), on Tuesday, July 6`h, 1999, beginning at 6:30 p.m. There was brief discussion on the following two Agenda Items. D. Community Development Department — Planning Division Requests the Commission Hold a Public Hearing for a Second Reading and Adoption of Ordinance 724 on a Proposal to Adopt the GreeneWay Interchange District Large Scale Comprehensive Plan Amendment. "I MAKE A MOTION THAT WE POSTPONE THE SECOND READING OF ORDINANCE 724 UNTIL JULY 12TH (1999). MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. E. Community Development Department — Planning Division Requests the City Commission Hold a Public Hearing for First Reading of Ordinance 725 to Adopt the GreeneWay Interchange Zoning District Text and Map. "I MAKE A MOTION THAT WE POSTPONE THE FIRST READING OF ORDINANCE 725 UNTIL JULY 12TH, 1999. MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. The Mayor and Commission thanked Councilman Hagood (from the City of Oviedo), and asked that he advise his Council that both parties enter into a Joint Planning Agreement. Mayor Partyka called a recess at 8:45 p.m. Mayor Partyka called the meeting back to order at .9: 02 p.m. A. Community Development Department — Code Enforcement Division Requests the City Commission Approve the Second Reading of Ordinance 721, Amending the Code Regulating Commercial Vehicle Parking. Attorney Guthrie read Ordinance 721 by "title only ". The Mayor opened the "Public Input "portion of the meeting. Janet LaPlaca, 622 Murphy Road, Winter Springs, Florida: spoke on notification and advertising; the permitting procedures; and potential fees. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14, 1999 PAGE 9 OF 15 Trish Drebert, 500 Hayes Road, Winter Springs, Florida: spoke on the rules being "inhumane" to the citizens; and that rules are being dictated by newcomers and complainers. Mayor Partyka closed the "Public Input" portion of the meeting. Ms. Jimette Cook, Code Enforcement Officer, and the Commission discussed transferring permits; advertising in the Orlando Sentinel and in the City of Winter Springs utility bills; and notification to all residents in the City's newsletter ( "The Insider "). By consensus of the Commission, they were adamant that "maximum" advertising of this Ordinance be done. "I WOULD MAKE A MOTION THAT WE APPROVE THE READING OF ORDINANCE 721 AS AMENDED ". MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. B. Community Development Department — Code Enforcement Division Requests the City Commission Approve Changes to Chapter 5 of the City of Winter Springs Code of Ordinances Relating to Tree Removal. "MOTION TO READ BY TITLE ONLY ". MOTION TO READ ORDINANCE 726 BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: ABSENT (FOR THE VOTE); DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Attorney Guthrie read Ordinance 726 by "title only ". Ms. Jimette S. Cook, Code Enforcement Officer and the Commission discussed this Ordinance. The Commission requested clarifications on the following portions of the Ordinance: caliper; tree sculpturing; Section 5 -3. (which should show coordination between the Building Department and the Southern Building Code); and diseased trees. Tape 2 /Side B "MOTION TO POSTPONE THE FIRST READING OR TO HAVE A NEW FIRST READING OF ORDINANCE 726, ENCOMPASSING THE CHANGES THAT WERE DISCUSSED THIS EVENING, TO INCLUDE THE ALLOWANCE OF TREE SCULPTURING IN COMMERCIAL AREAS WITH AN INITIAL PLAN, AND THEN CONTINUING TO FOLLOW THAT PLAN; AND TO ALLOW RESIDENTIAL TREE SCULPTURING WITHOUT A PLAN OR CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -JUNE 14, 1999 PAGE 10 OF 15 PERMIT, AND ALSO THE OTHER CHANGES THAT WERE DISCUSSED IN TERMS OF MEASURING HEIGHT — BUT IT IS NOT MY INTENT TO MAKE A CHANGE IN THE REPLANTING PROVISIONS ". MOTION BY COMMISISONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. There was discussion on revisions; the "Tree City" award; grants; trees affecting structures; the size of affected lots; City of Winter Springs' building codes in proximity to structures and compliance with the Southern Building Code. "I WOULD LIKE TO MAKE A MOTION TO AMEND THE MOTION TO ADD THE DISTANCE OF CLEARANCE ON REMOVAL OF THE TREE TO THE STRUCTURE ". MOTION BY COMMISSIONER MCLEOD. SECONDED BY DEPUTY MAYOR GENNELL. VOTE (ON THE AMENDMENT): COMMISSIONER BLAKE: NAY; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: NAY; COMMISSIONER MARTINEZ: NAY; DEPUTY MAYOR GENNELL: AYE. MOTION DID NOT CARRY. VOTE (ON THE ORIGINAL MOTION): COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: NAY. MOTION CARRIED. F. Community Development Department — Planning Division Requests the City Commission Hold a Public Hearing for First Reading and Consideration of Ordinance 722 to Rezone the 17.41 Acre "Kingsbury Property" from (County) A -1 "Agriculture" to the City's C -1 "Neighborhood Commercial" District. "MOTION TO READ BY TITLE ONLY ". MOTION BY COMMISIIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. There was discussion on a Developer's Agreement; that a grid display be done on the historical aspects of the property; and that this should be consistent with the City's Comprehensive Plan. The Mayor opened the "Public Input" portion of the meeting. There was no input from the public. Mayor Partyka then closed the "Public Input" portion of the meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14, 1999 PAGE 11 OF 15 "I MOVE TO APPROVE THE REZONING OF THE KINGSBURY PROPERTY FROM 17.41 ACRES, ORDINANCE 722 AS STATED IN ITEM "F ", FROM A -1 "AGRICULTURE" TO C -1 "NEIGHBORHOOD COMMERCIAL ". I MOVE THE ITEM TO THE SECOND READING ON JUNE 28`h, (1999) ". MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. Mayor Partyka called a recess at 10:15 p.m. The meeting was called back to order at 10: 20 p.m. "I'LL MAKE A MOTION TO EXTEND THE MEETING AT LEAST UNTIL 12:00" (A.M.). MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. VI. REGULAR A. City Manager Requests the City Commission Consider Issues Regarding Series 1999 Revenue Improvement Bonds. Mr. Jim Lentz, Financial Advisor with the First Southwest Company and Mr. Mike Williams, Bond Counsel spoke on this Agenda Item. There were comments on the City's recent favorable ratings; the municipal market; standard ratings; waiting for the CPI numbers to come out; that a Special Meeting may need to be called; the stability of the City; and the Resolutions that are up for approval tonight. "MAYOR, I MAKE A MOTION TO APPROVE RESOLUTION 881 ". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. "Point of Order": Resident Harold Scott requested a "Point of Order". Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14, 1999 PAGE 12 OF 15 "I'LL MOVE TO APPROVE RESOLUTION 882 ". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Following the above Motion, there was discussion on funds for various upcoming projects; the 434 Beautification Project Grant - Match; and the proposed "Village Walk ". Manager McLemore was requested to bring the "Village Walk" project back as a (short) Informational Agenda Presentation, (including the sketch). :Manager McLemore said that this would be done at the next City Commission Meeting. "MOTION TO APPROVE THE REVISED BUDGET INCLUDING THE 6.5 MILLION DOLLARS FOR CAPITAL IMPROVEMENT PROJECTS, AS GENERAL USES AROUND THE CITY. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. B. City Manager Requests the City Commission Consider an Annexation Application Submitted by Duncan Bowman for the Elizabeth Morse Genius Foundation Property for 59.45 Acres. Manager McLemore introduced this Agenda Item. Mr. Hugh Harling, as the representative for the Dunkin Bowman organization briefly commented on sales offers for this property. Tape 3 /Side A Further discussion ensued on the designated uses for the proposed property; related costs; correspondence between the City and this party; the actual acreage of this property; what is the best use for this property; fees; the long -term timing for this project; and what is in the best interest of the public. The Commission then discussed vested rights; representation; annexation; liability issues; annexation contacts; legal issues of this case; moving forward with this issue; whether to go forward or not based on legal concerns; delays; economic factors regarding this property; time frames; city services; parcel obligations; expenses already incurred; the beauty of this property; this property as an investment property; recovering costs; and the overall development plans for the property. "I'LL MAKE A MOTION TO EXTEND (THE MEETING UNTIL 12:30 A.M.) ". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14, 1999 PAGE 13 OF 15 McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: NAY; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. Tape 3 /Side B - Blank Tape 4 /Side A "MY RECOMMENDATION TO THIS COMMISSION WOULD BE TO CERTAINLY EXTEND AN INVITATION TO ALL LANDS THAT WOULD QUALIFY UNDER 171 OF THE STATUTES, THAT MAY BE SURROUNDING WINTER SPRINGS OR AN ENCLAVE THAT MAY BE ELIGIBLE FOR ANNEXATION, AND INVITE THEM TO MAKE APPLICATION — COME ONE, COME ALL, AND THIS CITY COMMISSION, THE POLICY MAKING BOARD OF THE CITY, WILL GIVE EACH AND EVERY APPLICATION, INCLUDING MR. BOWMAN'S, FULL HEARING AND WILL MAKE A DECISION, BASED ON POLICY - BASED ON WHAT THIS COMMISSION DETERMINES TO BE IN THE BEST INTEREST OF THE CITIZENS OF WINTER SPRINGS. THAT'S MY MOTION ". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. The Motion was reviewed and repeated several times. The last reading of the Motion by the Interim City Clerk was as follows: "TO INVITE ALL PROPERTIES THAT WOULD QUALIFY UNDER FLORIDA STATUTES 171, TO INCLUDE SURROUNDING PROPERTIES THAT WOULD MAKE ANNEXATION APPLICATIONS TO INCLUDE THE APPLICANT HERE TONIGHT, AND THE PROPERTIES THAT THE CITY WILL GIVE FULL ATTENTION TO INCLUDING AFTER OUR DUE DILIGENCE ". MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE - ON THE ABOVE MOTION(S): COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. "I'LL MAKE A MOTION WE GO TO 1:00 (A.M.) ". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY; COMMISSIONER MARTINEZ: NAY; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: NAY; COMMISSIONER McLEOD: AYE. MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 14, 1999 PAGE 14 OF 15 C. Police Department Requesting the Commission Review Various Options to Meet the Department's Requirements for Additional Vehicles. Chief Daniel J. Kerr introduced this Item, and addressed such issues as the one (1) vehicle (per person); care of vehicles; mileage; and maintenance. Discussion. "I MOVE THAT WE APPROVE OPTION "A" — THE PURCHASE OF SIX (6) USED POLICE CROWN VICTORIAS WITH SIXTY THOUSAND MILES ON THEM ". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. The Commission briefly discussed Manager McLemore's Employment Contract. Manager McLemore was asked to bring it up under his seat on the June 28th, 1999 Meeting. Note: The Commission decided to continue this meeting — and hear the following Agenda Items on Tuesday, June 22, 1999, beginning at 6:30 p.m. IX. ADJOURNMENT Mayor Partyka adjourned the meeting at 12:36 a.m. Note: The remaining Agenda Items were not discussed at this meeting. V. REGULAR D. Public Works Department Requesting Direction from the City Commission on Recognizing the Winter Springs High School State Champion Teams. E. Public Works Department Requesting Direction from the City Commission on Filling the Positions on the Oak Forest Beautification Advisory Committee. VII. REPORTS A. Law Firm of Frank Kruppenbacher, P.A. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE l4, 1999 PAGE 15 OF 15 B. City Manager — Ronald W. McLemore C. Commission Seat V — David McLeod 1) Appointment/Reappointment to the Board of Adjustment — the term of Board Member Greg Smith expires July 8, 1999. 2) Appointment/Reappointment to the Planning and Zoning Board/Local Planning Agency — the term of Board Member William W. Fernandez expires July 8, 1999. D. Commission Seat I — Robert S. Miller 1) Appointment/Reappointment to the Board of Adjustment — the term of Board Member Elizabeth (Harrow) Randall expires July 8, 1999. 2) Appointment/Reappointment to the Planning and Zoning Board /Local Planning Agency — the term of Board Member Tom Brown expires July 8, 1999. E. Commission Seat II — Michael S. Blake F. Commission Seat III — Edward Martinez, Jr. 1) Appointment/Reappointment to the Board of Adjustment — the term of Board Member Fred Kaltenbach expires July 8, 1999. 2) Appointment/Reappointment to the Planning and Zoning Board/Local Planning Agency — the term of Board Member Rosanne Karr expires July 8, 1999. G. Commission Seat IV — Cindy Gennell H. City Commission 1) Appointment/Reappointment to the Code Enforcement Board — the term of Board Member Lurene Lyzen expires July 1999. 2) Appointment/Reappointment to the Code Enforcement Board — the term of Board Member James B. Pitts expires July 1999. I. Office of the Mayor — Paul P. Partyka 1) Appointment/Reappointment to the Beautification of Winter Springs Board — the term of Board Member Marilyn Dickinson expires July 1999. 2) Appointment/Reappointment to the Beautification of Winter Springs Board — the term of Board Member Carol Morrison expires July 1999. Respectfully Submitted By: Andrea Lorenzo - Luaces, Interim City Clerk City of Winter Springs PRO — PAUL ..PART AYOR NOTE: These minutes were approved at the July 12 , 1999 City Commission Meeting.