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HomeMy WebLinkAbout1999 06 14 Consent Item D COMMISSION AGENDA ITEM D Consent X Informational Public Hearings Regular June 14. 1999 Regular Meeting Mgr. 1 Dept. Authorization CONSENT D. City Clerk's Office Approval of the Minutes for the Regular Meeting of March 8, 1999. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MARCH 8, 1999 I. ROLL CALL The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present. Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., arrived at 7:10 p.m. Commissioner David McLeod, present City Manager Ronald W. McLemore, absent Director of Public WorkslUtility Department, Kipton D. Lockcuff, P.E., present Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, present A moment of silent prayer was followed by the Pledge of Allegiance. Commissioner Miller had a question on Consent Agenda Item "A" and Consent Agenda Item "B". Mayor Partyka spoke about a "major extravaganza" on Monday, March 22, 1999, beginning at 6:00 p.m. at the Winter Springs High School in recognition of the High School Varsity Girls Basketball Champions. Mayor Partyka displayed the plaque that the City will be presenting and read what was engraved on it. II. PUBLIC INPUT Sally McGinnis, 510 Club Drive, Winter Springs, Florida: commended the Commission and Staff for their vision of the Town Center, and was not in favor of strip malls. Ms. McGinnis also spoke on the issue regarding the waiving of impact fees for private schools, and she wanted to go "On record as saying I am very opposed to that - I urge you to not pass such an Ordinance. I think it would establish a very bad precedent". Trish Drebert, 500 Hayes Road, Winter Springs, Florida: spoke against the banning of commercial vehicles in residential areas, and City employees that take home City vehicles. Ms. Drebert also suggested various fishing tournament ideas for area youth, with the assistance of the Florida Fish and Game Department. Mayor Partyka asked the Interim Parks and Recreation Director, Chief Tim Lallathin to check into this matter. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 1999 PAGE 2 OF II Barry Campbell, 231 Oak Road, Winter Springs, Florida: read from a letter (see Attachment "A") addressed to the Mayor and Commission, regarding the Town Center District Code, including land use designations and permitted uses. Barbara Waldren, 1180 Allendale Drive, Oviedo, Florida and Chris Braun, 608 Casa Park Court, "I": mentioned the (positive) results and questions from a survey they had conducted on the Town Center. As there were no other persons asking to speak during "Public Input", Mayor Partyka asked if the Commission would permit a letter from Bruce Bowers, 221 Shore Road, Winter Springs, Florida to be read into the record. The letter (see Attachment "B") was read for the record. Commissioner David McLeod also said that a letter from Bismark Wheatley had been requested to be read into the record. Mayor Partyka then read this letter (see Attachment "C") into the record. AGENDA CHANGE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER THAT THEY WERE DISCUSSED DURING THIS MEETING. III. CONSENT AGENDA Utility Department A. Requesting authorization to enter into a Contractual Agreement for David Drive Water and Sewer Improvements. Commissioner Robert S. Miller inquired about bid results and performance bonds. Attorney Robert S. Guthrie and Mr. Kipton D. Lockcuff, P.E., Director of Public W orksfUtility Department addressed these concerns by explaining the criteria that was specified for the bids and the related performance bonds. City Manager B. The City Manager requests the City Commission to authorize and approve the redistribution of expenditures currently budgeted in the FY 98/99 budget under General Government to other departments within the General Fund. Commissioner Miller questioned the availability of $200,000. Mr. Harry Martin, Finance Director explained how the funds were allocated. Mayor's Office C. Approval of Resolution No. 876, expressing appreciation to Doug Reid for his service on the Code Enforcement Board. City Clerk D. Interim City Clerk is requesting the City Commission authorize the date for the Board Appreciation Dinner, as Saturday, April 24, 1999. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 1999 PAGE 3 OF I I City Manager E. Requesting the City Commission to appoint underwriters for various financing over the next three years. The Mayor inquired if there was a Motion to approve the Consent Agenda. "SO MOVED". MOTION TO APPROVE THE CONSENT AGENDA. MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL:. AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. Mayor Partyka then read into the record, Resolution Number 876 (see Attachment "D "), which will be presented to Doug Reid for his service on the Code Enforcement Board. Commissioner Blake left the meeting at 6:55 p.m. IV. INFORMATIONAL AGENDA Public Works Department/Stormwater Division A. Informing the City Commission that the Stormwater Utility has been awarded a grant from the St. Johns River Water Management District. Mayor Partyka asked "Under Informational Agenda, if there are no questions on that, I'd be looking for a Motion to approve that"? "SO MOVED". MOTION TO APPROVE THE INFORMATIONAL AGENDA BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. V. PUBLIC HEARINGS None. VI. REGULAR AGENDA City Manager A. Requests the City Commission review the complaint of Linda Ingoglia concerning charges for water services. (THIS ITEM IS CONTINUED TO THE MARCH 22, 1999 MEETING). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 1999 PAGE 4 OF 11 Community Development Department B. Requests the Commission consider a first reading of Ordinance 707 adopting the proposed Town Center District boundary and Town Center District Code. Mayor Partyka said "I'm looking for a Motion to read by title only". "SO MOVED". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Attorney Robert Guthrie read Ordinance Number 707 by "title only". Mr. Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator spoke briefly to the Commission on such issues as the number of workshops that had been held on this topic along with the public notification efforts. Mr. Michael Grindstaff, 20 North Orange Avenue, Suite 1000, Orlando, Florida: the attorney representing the Schrimsher's spoke about previous hearings held, and stated "At this time, I would like to submit into this record, at the first reading of the Ordinance, a binder of all of those hearings and workshops that were taken; and I will pass one to the City Clerk, one to the Court Reporter, one to Mr. Guthrie - I have one for myself'. Mr. Grindstaff then read into the record, the "Index" page (see Attachment "E"). Commissioner Gennell added "Those notations do not include transcripts of the Community Meetings that were held in developing this process." Mr. Grindstaff acknowledged the comment that Deputy Mayor Gennell had just made, and further mentioned some of the concerns of his client. Commissioner Martinez arrived at 7: 1 0 p. m. Mayor Partyka asked if there were any other property owner's that wanted to address the Commission. Mr. Ed Leerdam, 175 Lookout Place, Maitland, Florida: who represents the Springs Land/Jessup Shores Limited Partnership, stated that he was interested in discussing a (specific) Developer's Agreement. Mr. MJ Swallow, 100 Tuskawilla Road, Winter Springs, Florida: asked if it was true that a "Sam's" or a "Wal-Mart" was being planned for the comer of Tuskawilla Road and State Road 434. He added that if this was true, then he would change his opposition to the Town Center. Commissioner Blake returned to the meeting at 7:20 p.m. The Mayor opened the meeting up for "Public Input". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-MARCH 8, 1999 PAGE50F II Trish Drehert, 500 Hayes Road, Winter Springs, Florida: asked that the City request references and documentation (including pictures) of previous Town Centers that the developer has completed, and to display these at City Hall for the public review. The Mayor then closed the "Public Input" portion of the meeting. There was further discussion on Developer Agreements and Agreements with Property Owners. The Mayor stated for the record that "Commissioner Martinez came in during the midst of Mr. Grindstaff's talk, so he's been here for a little bit of time; and Commissioner Blake has come back also". Tape l/Side B There was further discussion about Agreements; the scheduling of the second reading of the Ordinance; and setting up at least one additional workshop. Brief discussion. Members of the Commission agreed to hold another Workshop, which was scheduled for Monday, March 29th, 1999, beginning at 6:30 p.m. "I'LL MAKE A MOTION THAT WE PASS THE SECOND READING FOR APRIL 26TH, 1999, OF ORDINANCE 707". MOTION BY COMMISSIONER McLEOD. SECONDED DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Mr. Michael A. Schrimsher, 600 East Colonial Drive, Suite 100, Orlando, Florida: briefly addressed the Commission about working as productively as possible. Mayor Partyka and Commissioner McLeod affirmed this. Community Development Department C. Requests the Commission table an Interlocal Agreement between the City and the County addressing the design, maintenance and construction for the relocated Cross Seminole Trail segments located within the new Town Center scheduled for March 8, 1999. "I'M JUST READY TO MOVE ON TO TABLE ITEM "c" UNTIL APRIL 26TH. THAT WAS MY MOTION". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 1999 PAGE60F II Mayor Partyka thanked everyone (in the audience) for attending these meetings. Public Works Department D. Requesting Direction from the City Commission to Resolve Access Issues with Ray Bradshaw. Mr. Lockcuff briefly explained this Agenda Item and mentioned that Mr. Ray Bradshaw was also present, should the Commission wish to discuss matters with him. "I'M JUST GOING TO MAKE A MOTION THAT WE GO ALONG WITH THE RECOMMENDATION OF CITY STAFF." MOTION TO APPROVE THIS AGENDA ITEM BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Mr. Ray Bradshaw, 320 Hayes Road, Winter Springs, Florida: addressed matters related to the use of his driveway. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. City Manager E. Requesting the City Commission to decide the question of the City waIvmg or exempting private schools from impact fees. Attorney Guthrie spoke on the applicable Ordinance and outlined four (4) standards regarding impact fees that should be considered: "The requirement that they be uniform; that there be a nexus; that the district that is created be related to the improvement that's going to be paid for; and that it relate to new growth". Discussion followed regarding provisions in our code; engineering standards; and traffic feasibility studies. The three (3) possible options for the Commission to consider were: the Commission could take no action; approve a waiver - if allowed by law; or deny it. The Commission further discussed potential traffic problems, especially in relation to other area private schools. Mr. Gordon Mann, (Chairman of the St. Stephens School Board): explained to the Commission that the school will be built for a maximum of 540 students, and that the core students (approximately 94%) will be comprised of Winter Springs residents. "I'LL MAKE A MOTION THAT THIS IS DENIED, AT THIS POINT". MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8,1999 PAGE70FII The Commission spoke on their concerns with whether traffic studies could be performed, and what has impacted Seminole County in their previous decisions in related matters. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: NAY. MOTION CARRIED. Community Development Department F. Requesting the Commission to take Consent Agenda Item "C" from the table and consider acceptance of Winding Hollow Unit 5 water, sewer, reclaimed water system, storm water management and roads for public ownership. Mayor Partyka asked, "Is there a Motion to take this from the table"? "SO MOVED". MOTION TO TAKE THIS FROM THE TABLE BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Mr. Don LeBlanc, Land Development Coordinator addressed the Commission and advised them that for Unit 2, there is a $20,000 Performance Bond for the work to be done, which will be followed by a Maintenance Bond. The Commission discussed what the status of the different units and any related bonds were, in addition to various aspects of the design and structure of the subdivision roads, with Mr. Mark Jenkins, City Engineer for the City of Winter Springs. Commissioner Blake spoke of his concern with the design of these roads, and asked how the problem could be solved. Commissioner Blake asked Mr. Jenkins, "What do we need to do to find out where the water is coming from? Specifically, as an Engineer, what steps do you recommend be taken, by somebody, whether it be by the developer, by the Developer's Engineer, by us, or by some other third party, to determine where the water is coming from"? There was discussion between Commissioner Blake and Mr. Jenkins on these concerns. Mr. Lockcuff explained to the Commission that the City is assisting the Developer as much as possible, but that the "burden of solution will fall on the Developer and Engineer. Mr. John Florio, of Don W McIntosh & Associates, 2200 Park Avenue North, Winter Park, Florida: introduced Mark Evans with Pizutti Development; Ken Derrick with Universal Engineering Sciences; and Steve Blomeley with J.M.H.C. Mr. Florio mentioned that they have found several instances of damage to the underdrain. In CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 1999 PAGE 8 OF II addition, Mr. Florio explained that after some testing, that there is definitely a fluctuation in the water elevation. Mr. Florio discussed several suggestion as to how the problem has evolved. Tape 2/Side A In further discussion of this issue, Commissioner Blake said to Mr. Lockcuff, "I would like to see this - when we get some results on what is going on, when we determine what the source is - I would certainly like to see that brought back before us". Mr. Lockcuff replied, "Absolutely". The Commission further discussed whether any geological tests had been done on the problem areas and the overall road design for the Winding Hollow Subdivision; and if such tests had also been performed in Hacienda Village (near the clubhouse). Commissioner Miller further spoke on this concern and said, "I'd be curious to see some analysis of what that area looks like underground". In further discussion of these problems, Commissioner Martinez added, "I also wanted to remind Staff that based on what Mr. Florio said, that our dried up artesian wells lead to sink holes, and we must make sure that this is not going to happen in this area". Commissioner Martinez then stated, "I want to make sure that when this comes back, the questions that were left unanswered at the last meeting are answered and you have Items, 1, 3, and 5, and you have specific items there where you have addressed questions to the Developer, and your questions had gone unanswered for quite some time; and when we got this report - there were still no answers. I do assume that by this time, since two weeks have passed, you have gotten answers to the questions that were left unopened last week". He further added, "Am I correct to assume that everything has been corrected"? Mr. Jenkins and the Commission discussed the problems and possible solutions. There was also further discussion on the build-out of Winding Hollow. Commissioner Gennell then said, "I would really, really appreciate it that the Staff would keep a very close eye on how this progresses - the whole drainage thing... bring the problems forward, as they come up.. .at least keep us advised of what kind of problems they're encountering and what kind of resolutions you're getting to the problems". Commissioner Miller added, "I recall that the water in that retention pond, I believe, at certainly some points, is higher than the residential building lots, in Unit One...I don't know if it's true or not, it's just perception. When I looked across, it looked like it was higher than probably the living room floors in those homes that are behind the wall. Whether it's true or not, I don't know, it's just something I think you should look at". Commissioner Miller then said, "Which leads me to my second point, that I don't know whether it would be the City's responsibility to do this, or whether it would be the Developer's but, I think it would be appropriate at this time to follow up on that survey CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 1999 PAGE90F 11 that you mentioned that dates back quite a few years, where they took test borings and you determined how that clay level is down there. In other words, it may go up and down, and just be like a wave underground that we're not even aware is there, and all this water just runs down and backs up against this rise in the clay which makes it all very, very soggy. I don't know who would do that, or whether it's economically viable, but I thinks it's something that you should look at, and get back to us if you have to... but, I think we need to do something more than just let you keep your eyes on the problem, because if they are that close to finishing this project, and we don't get a handle on it right now, we could have some serious problems with road maintenance in there, especially during heavy weather". (Mr. Jenkins clarified that Commissioner Miller was talking about the big square pond, near Stone Gable). Commissioner Miller asked that Staff "Look at this boring aspect, as a way of identifying where this problem might be in all seriousness, and if it doesn't affect the roads, then, never mind". "I'LL MOVE TO ACCEPT WINDING HOLLOW, UNIT FIVE WATER, SEWER, RECLAIMED WATER SYSTEM, STORM WATER MANAGEMENT AND ROADS FOR PUBLIC OWNERSHIP; CONTINGENT ON EVERYTHING THAT WAS SAID HERE TONIGHT". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. Mayor Partyka clarified, "Your Motion is to approve Winding Hollow Unit Five, and also the performance bonds, the maintenance bonds, as well as the caveat for the two lots.. . and that's in conjunction with all the other issues that we talked today, to make sure that's handled and corrected". VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. VII. REPORTS A. City Attorney - Law Firm of Frank Kruppenbacher, P.A. No report from Attorney Guthrie. B. City Manager - Ronald W. McLemore Acting City Manager, Mr. Lockcuff asked if the Commission would like an update on the brush fires from the Fire Chief and the Police Chief? The Commission agreed to this. Fire Chief Tim Lallathin then spoke about a to-acre fire behind the Oak Forest subdivision and between Dunmar Estates and Tuskawilla Trail. Police Chief Dan Kerr added that when the fires started, the Police Department was able to mobilize very quickly, due to the take-home car situation. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 1999 PAGE lOaF II Commissioner McLeod commented that a neighbor was very impressed with how very quickly the Police and Fire Departments responded to this situation. Commissioner Martinez then added, "Chief, are your guys aggressively addressing the traffic violations that occur, at the time when the high schools let out"? Brief discussion followed on related matters. Mr. Lockcuff asked Police Chief Kerr to advise the Commission on the status of our Police Officer who had suffered smoke inhalation during an evacuation on Moss Road. Chief Kerr explained and again favorably mentioned the Department's rapid response due to the take-home car situation. C. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell asked about Public Works personnel working in the creek area of Hacienda Village. . D. Commission Seat V - David McLeod Commissioner McLeod asked Chief Lallathin if it was too premature for the City to issue a ban on burning, similar to last year? Chief Lallathin replied that, at this time, it would be a little premature. Commissioner McLeod also asked if there was anything the Commission could do to assist with the "same" ten-acre area that seems to catch fire. There was brief discussion on this issue. Chief Lallathin said that he would check with the Division of Forestry to see if they recommend any types of prescribed burns Commissioner McLeod mentioned that he wanted to make it known that he does not condone his employees breaking any laws, as mentioned in two of the earlier letters read during the "Public Input" portion of the meeting. Commissioner McLeod then inquired about the possibility of assisting a Winter Springs 6th grader who was requesting financial assistance to travel to Australia as a "Young Ambassador". Mayor Partyka said he would check with City Manager, Ronald W. McLemore about this, and whether if it could be funded through the Mayor's fund E. Commission Seat I - Robert S. Miller No report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 8, 1999 PAGE II OF II F. Commission Seat II - Michael S. Blake Commissioner Blake asked about the trees that were knocked over at the new Fire Station site on State Road 434. Mr. Lockcuff explained about this situation and the related Purchase Order. Commissioner Blake inquired as to when the Bike Striping project would be completed? Mr. Lockcuff explained the timing for this project. G. Commission Seat III - Ed Martinez, Jr. Commissioner Martinez, Jr. said that he was in agreement with Commissioner McLeod about the City assisting the Winter Springs 6th grader who was requesting financial assistance to travel to Australia as a "Young Ambassador". H. Mayor's Office - Paul P. Partyka Mayor Partyka stated that "On the Trail, West of Vistawilla, toward the trestle, the asphalt is getting a washboard effect", and he asked that the City check this out. Mayor Partyka then said that on April 12, 1999, beginning at 6:00 p.m., the Orlando/Sanford Airport Authority will give a presentation to the City Commission. There was discussion about starting the March 22, 1999 City Commission Meeting at 7:00 p.m., due to the extravaganza at Winter Springs High School, which begins at 6:00 p.m. This event is being held in honor of the Winter Springs High School Varsity Girls Basketball Champions, and it was agreed that - on March 22, 1999, the City Commission Meeting would commence at 7:00 p.m. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 9:20 p.m. Respectfully Submitted By: Andrea Lorenzo-Luaces Interim City Clerk APPROVED: PAUL P. PARTYKA, MAYOR NOTE: These minutes were approved at the , 1999 City Commission Meeting.