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HomeMy WebLinkAbout1996 09 09 Other Item 1 Date: 09/09/1996 The following Minutes for Regular Meeting 08261996 were approved during the 09/09/96 Regular City Commission Meeting for this date. REGULAR MEETING CITY COMMISSION AUGUST 26, 1996 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:40p.m. ROLL CALL: Mayor John F. Bush, present . Deputy Mayor John FelTing, present City Manager Ronald W. McLemore, absent City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present John Langellotti, present Cindy Gennell, present David McLeod, present For the invocation Mayor Bush asked for a moment of silent prayer. Mayor Bush mentioned the presentation of Resolution 789 to Sy Berman will be postponed until September 9, 1996. Approval of Minutes of August 12. 1996: Mayor Bush asked if there were any additions or corrections to the minutes of August 12, 1996. There were no additions or corrections to the minutes of August 12, 1996. Minutes stand approved as presented. Commissioner Langellotti stated he wants to disclose that as of today (8-26-96), had conversations with PrimeCo about possibly representing the company as a sales agent in other communities outside of Winter Springs. Commissioner Langellotti said although his relationship with the company has not been consummated at this time, he is going to abstain from commenting and/or voting on this item to ensure that he does not exercise a conflict of interest, or give the perception of exercising a conflict of interest in this matter. Commissioner Langellotti also stated that he also represents other Companies in site selection for Life Care and Retirement Communities, and this is just another part of his business and said he had to mention that he did not want a conflict of interest on this item. PUBLIC INPUT There was no Public Input. CONSENT AGENDA There were no items for the Consent Agenda INFORMATIONAL AGENDA There were no items for the Informational Agenda REGULAR AGENDA Land Management Division A. Requesting Commission approval for the recordation of the plat and covenants for Seville Chase subdivision. PURPOSE: to record the plat and covenants for Seville Chase Subdivision (that property Reeular Meetine City Commission Aueust 26. 1996 95-96-24 Paee 2 located south bfPanama Road, east of Fisher Road, north ofDunmar Circle and west of the Florida Power Easement): (Attorney Kruppenbacher asked that this item on the agenda be verbatim) Donald LeBlanc, Land Management Specialist, gave his presentation. Mr. LeBlanc stated that Commissioner Ferring called him and wanted to ensure that all the lots were 15,000 square feet as per the settlement agreement and stated that he has given the Mayor and Commission a copy of a letter, signed and sealed by Charlie Madden, stating the lots are designed at 15,000 sq. ft. and stated . that he has just received a signed and sealed letter from Mr. T. Early, signed by Donald A. Allen Jr., land surveyor that his company prepared the plat and the letter states: "Dear Sirs: this is to certity that all the lots at Seville Chase are a minimum of 15,000 square feet" and the document is sealed. Commissioner Ferring said not being an engineer, and looking at the drawings, the guy that drew up these drawings got more curves than a major league pitcher. In reviewing the blue prints, and more specifically on the comer lots, since we have this signed affidavit that there is a minimum of 15,000 sq. ft. on every lot, I want our engineer to go back and revisit these plans and to check out the figures on this platting. I have seen on different lots: 84,85, 73, 72, 107, 1, again I'm not an engineer but the way they've got this whole section set up, you've got to be an engineer to understand it. To me and my figures, I see some of these lots not coming up to 15,000 sq. ft. But again I could be wrong and I would hope that somebody would revisit these plan, an engineer that can check out the facts and figures on these particular drawings. Me. LeBlanc stated that this person, Donald R. Allen, is putting his seal and is jeopardizing this license ifit is not 15,000. He has certified and put his seal on it and that's a professional engineer. Commissioner Ferring said fine, that's great, but he would like our engineer to back up what he has said, is there a problem with that? Attorney Kruppenbacher said what you are basically asking for is to have the Staff supply you a subsequent memo that confirms the representations made in these documents as to lot size. Commissioner Ferring said absolutely. Commissioner Gennell asked Mr. LeBlanc why are there no sidewalks. Mr. LeBlanc said the sidewalks are in the R-O-W, there will be sidewalks, the engineering had sidewalks, they are in the 50' R.O.W. and you do see a 50' R.O.W. Commissioner Gennell said yes she did. Mr. LeBlanc said that's part, the sidewalks are part of the R.O.W. Commissioner Gennell said ok then, there are going to be sidewalks in there. Mr. LeBlanc said there will be sidewalks in the subdivision but you won't see sidewalks right at the beginning because of all the construction traffic when their building houses, they will be built as the houses are built as in most other subdivisions. Commissioner Gennell asked how come the Commission has other plans that come before them that do show the sidewalks. Me. LeBlanc said you usually don't have it on a plat, you have it on the engineering plans. Commissioner Gennell said the final engineering. Mr. LeBlanc said right, the plat usually does not show sidewalks it's just encompassed in whatever the R-O-W is. Commissioner Gennell said she agrees with Commissioner Ferring, she thinks this was a difficult set of plans to read and s.aid she would have - ~ Reeular Meetine City Commission Aueust 26. 1996 95-96-24 Paee 3 been a lot more pleased to have the developer here with something on one big board that we could have seen, but be that as it may. Commissioner McLeod asked Commissioner Ferring is he is asking that every lot be checked or the specific ones that he spelled out, that's quite an undertaking. Commissioner Ferring said he thinks the diagram and the drawings speak for themselves, the way the plats are laid out. Commissioner Ferring said the ones that look kind of "iffy" and said he is specifically talking about corner lots in each of the sections, and if you look at the drawings, you'll see what he is talking about. They've got 80' frontages with the "s" curve of25' which make it lOS' in the front and then there's only 125' in length, so his calculations come up to about 500 sq. ft. short of a 15,000 sq.ft. lot and all he is asking for is some corrections on that. All of the comer lots, and said to Kip Lockcuff, Public WorkslUtility Director, that he can see himself and knows that he does a very good job on it or your engineer will do it. Mr. Lockcuff said he would do it. Commissioner McLeod said he just wanted a clarification on that from Commissioner Ferring. Commissioner McLeod said the next thing is on the Declaration of Covenants, he knows that the Commission doesn't have a whole lot to say about these, but said he does believe what he didn't find in there was anything pertaining to that easement of the buffer zone, that it cannot be cut, it cannot be crossed, it cannot be anything even to put a swimming pool in the backyards of these homes. And said he does not believe that's in the document. Mr. LeBlanc said number one, they can't build anything in that SO' easement because the rear property line stops and then you have the SO' easement. Commissioner McLeod said he believes that in the overall covenants, because they talk about common properties and so forth, said he thinks the overall covenants should read that that sector cannot be crossed, or trimmed, or bushed or anything else and said he didn't find that in there and he looked for it. Mr. LeBlanc said he did see something on it but will have to look for it. Commissioner McLeod asked if any Commissioner found that. Commissioner McLeod said he thinks that's an important point that the homeowners over there were concerned with because we've had it violated twice not that he is aware of where they've cut through for easements but when they start building these homes and people come back later to put pools in, rather than wanting to dig over the top of the house, they are going to want to come through that easement and that easement is not intended for that purpose. Commissioner Ferring said he agrees. Mayor Bush said Commissioner Ferring has made a suggestion that. this be sent back to the City Engineer and also might give Mr. LeBlanc time to address this also. Commissioner McLeod said he doesn't know, if the City, I think what we want to do here is, I think we could send it back to the City Engineer and if he confirms that everything is "ok" it can go forward, but ifit shouldn't then it should come back to the Commission but other than that he doesn't think the Commission should hold anybody up with what they are filing here. Commissioner McLeod asked the City Attorney ifhe was aware of that being in the document. Mr. LeBlanc said page 27, section 9.8 addresses the care of it, the association shall also be responsible for the care and maintenance and clean up at least twice each calendar year of the SO' buffer area bounded by Panama and Fisher Streets adjacent to the subject property. Commissioner Gennell said it doesn't say Re2ular Meetin2 City Commission AU2ust 26. 1996 95-96-24 Pa2e 4 anything in there about...Mr LeBlanc said the only thing he can say is that it is a 50' easement, it is not part of the property, if any resident were to use that, they would be breaking their own rules. Commissioner McLeod said no, that's the settlement agreement with this City, to build this subdivision and that protection we told the homeowners in the Ranchlands that part of the agreement that that buffer would not be broken, those trees would not be bushed underneath, the brush would not and by no means should it wait to see somebody build a home there and then the homeowner be able to violate it by coming there with a dozer to push a path through it to build a swimming pool in his back yard, it's too late, the' trees are gone, it should be in plain English that you can't do it, point blank. Commissioner McLeod said he doesn't want to go down the road three years from now and have some citizen here "crying" to us after the homes are in that they are pushing all the trees over to put pools in each individual backyard. We assured them that we would protect against that and that needs to be done. Is that the understanding of the Commission? Commissioner Ferring said he has no problem with it. Mr. LeBlanc said so we need add a statement which will state that the 50' buffer is to be left in it's natural state with the exception of garbage clean-up and possibly.....Commissioner McLeod said it basically says garbage clean-up, it says the association shall also be responsible for the care and maintenance and clean-up at least twice each calendar year of the 501 buffer. Commissioner McLeod said he thinks it has to be something that is just point blank, there is not to be underbrush removal by homeowners nor is there to be by the association and it can't be crossed to put a pool or other things for instance, he could put a barn in the backyard or a garage and make access back to the road and there is not suppose to be an access back to Fisher; is that the language that should be in there. Attorney Kruppenbacher said he wants to run two things by the Commission; one - the Commission can approve it tonight subject to these things accruing so you don't have to delay it; and then Attorney Kruppenbacher asked Mr. LeBlanc: there's nothing in here that's inconsistent with the settlement agreement, correct? Mr. LeBlanc stated no except for the provision you brought out, but because of the platting it just...Attorney Kruppenbacher said to be extra careful, why don't we provide in the declaration and in any documents that are done a paragraph that simply says that nothing herein shall override anything contained in that settlement agreement "X" date; and if there is a conflict the settlement agreement controls, that way we won't find ourselves ever in the situation we learned from with Mikes where there is arguments about "what's this, what's that" we'll always say that settlement document controls unless somebody specifically comes to the Commission and says they want to change that document. Conunissioner McLeod said he agrees with that but he still, what is that document, what is the next, I think beyond that he thinks it needs to be put what he stated regarding the easement in. Attorney Kruppenbacher said he is in agreement with Commissioner McLeod on that and he recommends that any motion on this to make it subject to confirmation of what Commissioner FelTing raised and implementation of what each Commissioner has raised in the approvals. Commissioner Conniff stated that he had concerns that were raised by both Commissioners, as far ReJwlar Meetine City Commission Aueust 26. 1996 95-96-24 Paee 5 as Mr. LeBlanc said we have a seal from a surveyor; it seems to him about three months ago we had a seal from a surveyor come up that was wrong and we have all kinds of problems. Commissioner Conniff said that he would feel more comfortable with our people looking into that a little deeper. Commissioner Ferring said he has the utmost confidence in Mr. Lockcuff, so he is sure when he gives him this map he will do it. However, Commissioner FelTing said he wouldn't want to be the owner of some of these properties the way the curves are put in here; there will be homeowners fighting against each other where one property ends and the other begins, because they are fantastic the way they squeezed in pieces of property. Besides that, on the declaration of covenants, he noticed that there is no stipulated money as far as what is required by the part of the individual or the developer, is there a reason why there is no specific dollar amounts in this thing, r m talking about the maintenance fees. Commissioner Ferring said on page 7, I'm talking about as far as the payments are concerned. Commissioner FelTing said he is trying to find where there is a dollar listed, he doesn't see a dollar figure listed anywhere in the covenants. Mr. LeBlanc said he will say that we have some come through without; on this one, it says the Board shall establish regular assessments for each calendar year based upon the perform operating statement or estimated budget for such calendar year (on top of page 32). Commissioner Ferring said it doesn't give a specified amount. Mr. LeBlanc said no it doesn't. Commissioner FelTing said and while they are the Board, they can set anything that they want, I mean, the next thing you know, they can turn around and "wack" new people coming in there any kind of money they want until they give control over to the homeowners. Commissioner Ferring said he sees that they put in 20% on unconstricted lots so they don't have to pay the full assessment on the unconstricted lots. Mr. LeBlanc stated that a lot of people don't pay assessments on any unconstricted lots. Commissioner Ferring said we did that thought, we started to bring that in Don. Mr. LeBlanc said he doesn't remember, what I remember being brought in was the reserves, that was the big thing and that was Section 10.8.9, where they are giving 10% of the regular assessments to be established into the escrow reserve account. Commissioner Gennell said that does apply to the developer from the beginning doesn't it. Mr. LeBlanc said right, it says the regular assessment shall include a reasonable amount, not withstanding the forgone as a component as the regular assessment, the reserves shall not be less 10% of the total of the regular assessment and that it can only be used for whenever the Class B is given up and is to be used for the Class A members. Commissioner Ferring said on page 31, they describe the initial fee, just on the assessment will be $300.00 are you saying it should not be 10% more than that? Mr: LeBlanc said no, it said they would be giving - it's $300.00 for the calendar year 96, subsequent to the calendar year the amount of the ...Commissioner FelTing said shall be established and determined...Mr. LeBlanc said well that is up to the Board, the Board decides the operating budget and sets the assessments each year. Commissioner Ferring said what he is saying is that Board would be controlled by the developer until that development is 75% occupied. Commissioner McLeod asked Commissioner Ferring said he just said the developer to the land 75% developed before the Board can take it over. Commissioner Ferring said usually it's usually in here Ree:ular Meetine: City Commission Aue:ust 26. 1996 95-96-24 Pae:e 6 and he may have glided over that. Commissioner McLeod said that he didn't find that and that was one of the things that he was looking for. Commissioner FelTing said we've usually been putting it in all of our covenants and if it's not here then he missed it too. Commissioner McLeod said he hunted for that but didn't find that, at what point do the property owners take over, is that something that is here. Attorney Kruppenbacher said does he understand correct, as the developer of the lots when they are platted the owner will be assessing the'lots that he owns also along with any lots, he will pay the assessments, and under these documents will not be exempt. Commissioner Ferring said only 20%. Mr. LeBlanc said what you are looking for Commissioner McLeod is on page 45, 13.6.1 and 13.6.2, Class A and Class B membership. Commissioner McLeod said ok, while you are looking for that Mr. LeBlanc, Commissi?ner McLeod said he will read through that. Attorney Kruppenbacher said to Commissioner FelTing that he has looked at it and what's in here is legal, these are policy decisions and the only thing he advocate and said he'll go back to he doesn't know why we get these (most Cities don't even look at these documents) but he advocates that what you do is you require specifically a separate form at the time of sale where they sign where they have read and understood the homeowner and the City get copies of those because all too often after the fact they claim they either didn't get it or there was confusion; remember we did that on that one development, we said that every property owner had to be notified at the time of sale etc., there is nothing illegal in this, I can tell you it's written for the benefit of the developer, that's why they develop, somebody pays for it, that's just the reality of how business goes and he is not going to fault them for it. Commissioner Ferring said to the Attorney that it's kind of strange but as a general rule we don't get a chance to get to deep into these covenants because there is so much other stuff we have on the agenda, but fortunately because we didn't have that much on the agenda tonight, we're scrutinizing this a heck of a lot closer. Attorney Kruppenbacher said these are consistent with a lot of your covenants; we generally require a provision that says nothing in the covenants authorizes a violation of City Code; and we have two other standard provisions that we throw in that we make sure, beyond that we check to see if there is anything illegal in it....Commissioner Ferring said there is usually a cap Frank, that you set after the first initial assessment not to exceed 5%, 10% or whatever on an annual basis; it's not here. Attorney Kruppenbacher said to Commissioner Ferring that he has never done that. Commissioner Gennell said to Mr. LeBlanc, if he looks at page 48, up at the top, Landscape and Buffer Easements, that's probably where that comment could go in there about that they won't be able to cross it at any time. Mr. LeBlanc said no, he thinks he would prefer to have a separate statement, a whole separate statement to that effect. Commissioner Gennell said when he goes back into the amendments on page 58, he needs to put a statement in there that nothing in these amendments can amend that statement he is going to make. Mr. LeBlanc said right, and said he thinks that whenever we put the statement that the settlement agreement dated "X" is the governing '''', '-" '.:.. Rel!ular Meetinl! City Commission AUl!ust 26. 1996 95-96-24 Pal!e 7 .~ '..!. ,..' document and that this cannot be in conflict with the settlement agreement. Commissioner Gennell said with all due respect, if you (LeBlanc) put's a comment that limited in there, you cannot expect these homeowners are going get copies of that settlement agreement so then it goes back to what Commissioner McLeod said about spelling it out, Commissioner Gennell said she doesn't care how it is put in there as long as the homeowners are notified and as long as they can't go back later and decide they all want driveways going out onto Fisher so they'll amend their documents. Attorney Kruppenbacher said you ought to put it as a restriction on the plat and then put it in the documents. Commissioner Gennell said however you want. Attorney Kruppenbacher said we can take care of that. Commissioner McLeod said he read this thing, Class A membership is a residence that has the ownership of a lot but if two people own the lot then the two have one vote. But Class B membership has three votes, which Class B's are owned by the developer, so until the developer sells his 3 to 1 votes per lot, until which time the A's equal the developer and then the developer B' sturn to A's; is that 75% of the lots. Attorney Kruppenbacher said the reality is and every developer is the same so nobody get a view that this developer is doing anything wrong, the developer controls their project till they are ready to roll out. Commissioner McLeod said so it's in here, that's basically the 75% that Mr. Ferring asked for, so it's in here. Mr. LeBlanc said some of them that we've had has as many as 5 votes for one lot. Mayor Bush said what is the Commission's wishes on this agenda item. Attorney Kruppenbacher said for the Commission's benefit, there is a difference between what the assessments will be on unconstricted lots owned by the developer vs. constructed lots, - it's legal. Commissioner McLeod asked what is the difference. Commissioner Ferring said 20% as opposed to 100%. Commissioner McLeod said no one's $300 what is the other one. Commissioner FelTing said 20% of $300. Attorney Kruppenbacher said the assessment to the undeveloped lots will not exceed 20% of the assessment of the developed lots. Mr. LeBlanc said again, not in defense of anybody, but we've got some where they don't pay any dues on the undeveloped lots. Commissioner McLeod said no this is all right, he doesn't have a problem with that. Commissioner Ferring said but we've changed all that Don. Attorney Kruppenbacher said these are the most important documents for those homeowners to read. .----",ptJI ~')~ \-z,0)( ---, Motion was made by Commissioner McLeod that the Commission approve the plat and the covenants with in mind the areas of our City Staff reviewing the plats to make sure they do conform to the 15,000 square feet, especially in the curves and corners and that the covenants and the final survey plats of the development to have put in there that the easement cannot be broken as was spoken about and any other revisions that were requested. Seconded by Commissioner Conniff. Discussion. Commissioner Ferring asked if the motion included what he had indicated as far as putting a cap on the assessments on an annual basis. Commissioner McLeod said no that he personally doesn't have that in mind and said he doesn't know if that is a legal thing, and said he doesn't think it's the Commission's choice, and said it has a place in there for special assessments. Commissioner Ferring said that he thinks that until the development is turned over to the homeowners that there should be a cap put on the assessments and unless that's put in there he . Re2ular Meetin2 City Commission AU2ust 26.1996 95-96-24 Pa2e 8 can't vote on this. . Commissioner McLeod said a cap put on the assessments during development. Commissioner Ferring said until it's turned over to the homeowners, that's 75% occupancy. Commissioner GenneU said to Commissioner Ferring that if it eases his mind any that's about the last thing a developer would ever do, it to jack those rates up; usually historically they go in super low, artificially low because they want to sell those properties and the last thing they're going to consider is to jack them up. Commissioner Ferring said if that's the last thing they're going to consider there should be no reason why they don't put it in there, and said that he's has multiple covenants that will show that there are caps in there to protect the incoming homeowners until they themselves take over the development. Attorney Krupp~nbacher said he just want's to share with Commissioner Ferring that he has questions whether he legally wants to impose it but he will tell him that he will artificially mislead the homeowners because what will happen is they will have an excuse why they never really charged what they should have and when they bailout the homeowners suddenly realize they have to jack their homeowner assessments up, they are going to rightfully look and say they would have raised it but for the City, in was you I'd like that, I'm off the hook at that point candidly, I say I couldn't charge you what you should have been paying, I had to pick it up. Vote: Commissioner Conniff: aye; Commissioner Ferring: nay; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mr. LeBlanc recapped the motion: 1) verify the lot sizes are 15,000 square feet; 2) address the 50' easement on both the plat and covenants. Attorney Kruppenbacher said 3) revise the documents to provide that that settlement agreement is controlling. Community Development Division B. Request Commission consideration of proposed first reading of Ordinance 621 to change the Future Land Use Map designation of a certain parcel known as the Leffler property from "commercial" to "lower density residential" (1.1 to 3.5 DU per acre). PURPOSE: to hold a first reading at a Public Hearing of a proposed ordinance to change the designation of the Future Land Use Map in the City's Comprehensive Plan of a Certain parcel known as the Leffier property from Commercial to lower Density Residential. (pER THE APPLICANT'S REQUEST THIS ITEM HAS BEEN POSTPONED UNTIL THE SEPTEMBER 9, 1996 MEETING). Community Development Division C. Request Commission consideration of proposed first reading of Ordinance 622 to change the Future Land Use Map designation of a certain parcel known as the Morrison property from ,(Commercial" to "Lower Density Residential" (1.1 to 3.5 DU per acre). PURPOSE: to hold a first !reading at a Public Hearing of a proposed ordinance to change the designation of the Future Land I Use Map in the City's Comprehensive Plan of a certain parcel known as the Morrison property from , Commercial to Lower Density Residential (PER APPLICANT'S REQUEST THIS ITEM HAS BEEN POSTPONED UNTIL THE SEPTEMBER 9, 1996 MEETING). City Manger D. Request Commission consideration of approval of First Reading of Ordinance 623 providing for a lease of City property located at the Sewer Plant Site on State Rod 434 adjacent to the Winter Re2ular Meetiu2 City Commission AU2ust 26. 1996 95-96-24 Pn2C 9 Springs Golf Course to PrimeCo Personal Communications of Tamps, Florida for purpose of erecting a telecommunication tower. PURPOSE: for the Commission to decide if it desires to lease property located at the City Sewer Plant on State Road 434 adjacent to the Winter Springs Golf Course to erect a 120 foot monopole telecommunications tower for $1,000 a month and space on the tower for possible City communication uses: Attorney Kruppenbacher stated that he and the City Manager have been in negotiations and late Friday we finally concluded that we would be able to bring the Commission the deal; this is first reading it simply enables the Commission to be in a position to subsequently decide if you want to do this deal or not and that would come at your September 9th meeting after we advertise it. This is not approval of this deal this just let's us go forward and continue to work on the deal because there are some time constraints if we want to do the deal that have become critical. Commissioner Fer[ing asked how this came to first reading before we even got it before the Commission to discuss it. Attorney Kruppenbacher said we have been in negotiations with a business person (a group) and we have come up against some deadlines as we've worked through this and we have a number of parties in the middle talking and we finally got it concluded. Attorney Kruppenbacher said this is one that we found out that it was critical to their economic business plans, we have a Board of Adjustment meeting scheduled for September 5, 1996, to look at it and said he doesn't know what the Board will recommend and then this would put the Commission in the position to evaluate the Board of Adjustment's recommendations and to decide what you want to do at that meeting and keep total tlexibility for you. Commissioner Ferring asked how does this affect the neighboring residents. Attorney Kruppenbacher said the Board of Adjustment wiUlooking at that as part of the process. Commissioner Ferring said he wants to know where is this going and how is it going to affect the residents in that area. Attorney Kruppenbacher said that is what the Commission will be doing at the public hearing on September 9th. Commissioner Ferring said he has never done this before, he has never read something like this as a first reading before this has even been discussed wether or not the Commission wants it. Commissioner Gennell said she is having the same problem with this that Commissioner Ferring is, it's the first time this has come to her. Attorney Kruppenbacher said there are going to be times when we are not in a "perfect world", you are not approving this tonight, you are putting yourself in the position to be able to make a business decision on the 9th of September, which leaves you total discretion whether to make that decision or not. Commissioner Gennell said one thing she doesn't like about it that it comes to this Commission for this type of an opinion and then it goes to the Board of Adjustment who could be influenced by the fact if one of the Staff people presents it and says it's already gone in front of the Commission and they approved it. Attorney Kruppenbacher said that shouldn't be represented, all you are doing is saying you are going out for advertisement. Commissioner Gennell said it's a statement of fact though when it gets to those Boards and that could influence them. Commissioner Gennell said why Ree:ular Meetine: City Commission Aue:ust 26. 1996 95-96-24 Pae:e 10 didn't it go to the Board of Adjustment first and then come to the Commission is her question. Attorney Kruppenbacher said it is his understanding was he asked how quick could it go and he was told was September 5th; Attorney Kruppenbacher said he is just trying to get the Commission in a position to decide whether the Commission wants to deal or not. Commissioner GenneU asked if this could be tabled this until after the Board of Adjustment looks at it. Attorney Kruppenbacher said yes, but you mayor may not loose the deal at that point. Commissioner McLeod said he thinks the Commission is seeing two things, one is Item D where it is being presented to us and two is an Ordinance on it, is that not correct, aren't we looking at two things. Item D is for the discussion part for the Commissioners then the Ordinance, that's not the first time we've had one of these, and said he has seen more than one in our packets that behind it is an Ordinance if the Commission so deems. Commissioner McLeod said personally he feels this item should be discussed and doesn't know why it has to go to the Board of Adjustment first, they will get their chance to look at this. Commissioner McLeod said the Item packet clearly states that the Commission has an opportunjty to lease the property to PrimeCo for $1,000 per month to put the tower on plus the City gets space on the tower for Police and Fire communications and so forth for no charge. Commissioner McLeod asked what is a bad deal about that. Then it states that one tower will be located by the sewer plant on S.R 434 and the second one will be on the Florida Power right- of-way by Shore and Panama Roads. Commissioner Ferring said on the basis of the agenda Item packet (2 sheets of paper) and on that basis the Commission are going to agree to erect two 120 feet towers because they are saying they are going to give us $1,000 per month and possible City communications use. Attorney Kruppenbacher said that is not correct, the Commission is not agreeing to do that tonight, the Commission is simply saying they are agreeing to schedule a Public Hearing at which time you will take input and decide whether you agree to do it or not, you are not approving this contract tonight, you are saying you are going to go out for advertisement for a public hearing, you are going to let the Board of Adjustment review it, then the Commission will evaluate and decide. Commissioner Gennell stated that she didn't see any provisions for problems if there is interference with the peoples reception of different electronic things. Mr. LeBlanc stated that FCC and FAA control those towers, this came about with the telecommunications Act of 1996, where a lot of the local governments both municipal and county have given up usage of such frequencies. Commissioner Gennell asked about fees for putting up the tower. Attorney Kruppenbacher stated that you can't by law charge any fees because it is not a franchise fee situation; the City has no authority to require the payment of franchise fees off these towers. Commissioner Gennell said that based on this coming to the Commission new and the way it has come to the Commission and we are not as well prepared as we would like to be and she will not vote for it tonight based on that she would like more information before she does anything further on it. Re2ular Meetin2 City Commission AU2ust 26. 1996 95-96-24 Pa2e 11 Motion was made by Commissioner McLeod to approve the first reading of Ord. 623 and to authorize the advertisement for second reading and to authorize the City Attorney to read Ord. 623 by title only. Seconded by Commissioner Conniff. Discussion. Commissioner Ferring said when this comes back to the Commission asked if the Commission will have all the information that will be involved with this other than this one agreement, the ground lease agreement and reports from the City Staff on the viability of this and how we can utilize this as far as police and fire communications. Vote: Commissioner Ferring: aye; Commissioner Gennell: nay; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Ord. 623 by title only. Commissioner Ferring asked for all information regarding Item D, well in advance of the Sept. 9, 1996 meeting, so that the Commission knows what is going on. Attorney Kruppenbacher stated that he understands that the City Manager has talked with the City's communications consultants that these towers could be used and also that he understands that this may alleviate the need to replace the tower that they will be taking down behind City Hall when the Police Dept. moves to their new facility. Harold Scott, 911 Augusta National Blvd., spoke regarding agenda Item D. City Clerk/Mayor's Office E. Resolution 790 - Expressing appreciation to Sarah Watson for her service on the Beautification of Winter Springs Board: Mayor Bush read Resolution 790. Motion was made by Commissioner Ferring to approve Resolution 790. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. City Clerk/Mayor's Office F. Resolution 791 - Expressing appreciation to Art Hoffmann for his service on the Board of Trustees - City's Pension Plan: Discussion. Mayor Bush pulled this item from the agenda until further information from the City Attorney regarding duel office role. Mayor Bush read the Election Proclamation. G. City Attorney - Frank Kruppenbacher: Attorney Kruppenbacher stated that the City Clerk has asked about the close of the qualifying for the municipal elections ending on the weekend. Attorney Kruppenbacher said to have the City Clerk contact Mary Norton, Retired Winter Springs City Clerk, as to the ruling on that matter. RC2ular Mcetin2 City Commission AU2ust 26. 1996 95-96-24 Pa2C 12 H. City Manager - Ronald W. McLemore: Mr. LeBlanc stated that the architects will be here at the Sept. 9th meeting with the color scheme for the Public Safety Complex. Mr. LeBlanc said that Acting Police Chief Pieper is present to update the Commission on the traffic situation. . Acting Police Chief Pieper updated the Commission on the traffic situation at the schools in Winter Springs and at the School Bus Depot. Commissioner Langellotti asked Acting Police Chief Pieper to look into vehicles speeding on Tuscora Drive. I. Commission Seat V - David McLeod: Commissioner McLeod asked about a letter the Commission and Mayor received at their home address from Attorney Robert Miller regarding the Batting Cages on Belle Avenue and asked that the City Attorney and City Manager look into this. Commissioner McLeod stated that the City Manager should write a letter to Mr. Miller stating that the Staff and City Attorney are reviewing the matter and in the future to please bring correspondence to the City Manager and "cc" the Commission. Commissioner McLeod stated that he does not have anyone that is interested in the position on the Commerce & Industry Development Board and asked the public and Commission that if they knew of anyone who would like to be a member of that Board to call him either at this home or office. 1. Commission Seat I - Larry Conniff: Commissioner Conniff stated that it came to his attention that there are some discrepancies in getting some of the purchases for printing and said he will talk to the City Attorney about that. Commissioner Conniff stated that he will hold offhis appointment to the Pension Board until the City Attorney hears from the Attorney General. K. Commission Seat II - John Ferring: Commissioner Ferring said he will be appointing Robert Smallwood to the new committee for the Rails to Trails. L. Commission Seat III - John Langellotti: No Report. M. Commission Seat IV - Cindy Gennell: Commissioner Gennell stated that she would like to appoint Vernon Rozelle, 648 Redwood Drive, to the Board of Trustees. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: .,0.-0 : Retwlar Meetin2 City Commission AU2ust 26.1996 95-96-24 Pa2C 13 aye. Motion passes. Commissioner Gennell mentioned that as the September 9, 1996 meeting seems to have a large agenda suggested that the meeting start earlier than the scheduled time. Discussion. It was determined that the meeting will start at 7:00 p.m. for the September 9, 1996 meeting. N. Mayor's Office - John F. Bush: Mayor Bush thanked the Police Chief for the work of the Officers on Tuskawilla Road on the work they are doing with dealing with the traffic. ?; ::.; ':". ':1 Mayor Bush spoke regarding a letter he had written to the School Safety Advisory Committee concerning the fact that busses did not go into the Winding Hollow subdivision to pick up the children. Mayor Bush said he received a response and it stated that after evaluation of the situation the Committee said that there was no safe place for the buses to turn around due to heavy construction traffic and said that it was not a permanent situation and busses will eventually be able to enter the area. t! Mayor Bush mentioned the letter from the Home Builders Association regarding signs for the 96 Parade of Homes. Discussion. t' If,, Motion was made by Commissioner Ferring to allow the placing of signs for the Parade of Homes. Seconded by Commissioner Gennell. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Conullissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. ')j Mayor Bush asked Mr. LeBlanc to contact the co-chairs of the event are aware of the Commission's approval. Commissioner FelTing gave the Clerk an article from the August Governing Magazine on "Trails on Trial" to copy for the Mayor and Commissioners. The meeting was adjourned at 9:00 p.m. Respectfully Submitted, ~~.~ Margo M. Hopkins, City Clerk ~~ F. BUSH, MAYOR