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HomeMy WebLinkAbout1999 08 09 Consent Item A . COMMISSION AGENDA ITEM A Consent X Informational Public Hearings Regular August 9. 1999 Regular Meeting Mgr. / Dept. Authorization CONSENT A. City Clerk's Office Approval Of The Minutes For The Regular Meeting Of July 26, 1999. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JULY 26, 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). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, present There was a moment of silent prayer, followed by the Pledge of Allegiance. AGENDA CHANGE: COMMISSIONER EDWARD MARTINEZ, JR. ASKED THAT CONSENT AGENDA ITEM "B" BE DISCUSSED. II. PUBLIC INPUT Ellen Weiss, 1203 Winter Springs Boulevard, Winter Springs, Florida: spoke on a meeting with businesses regarding the proposed "Village Walk", and the problems with the solid medians. Ms. Weiss added for the record, "That we, the business owners are definitely against it". Manager McLemore explained what was involved with design standards, and the Florida Department of Transportation's criteria. David Bottnstadt, 1170 Talmo Street, Winter Springs, Florida: addressed the problems at the construction site of Golf Terrace, and the "suggested wall". Harold Spangle, 1162 Talmo Street, Winter Springs, Florida: spoke on the suggested wall or fence at Golf Terrace Apartments, and asked to see the drawings, that were approved on the date presented to the City Commission. Donna Durbin, 1158 Talmo Street, Winter Springs, Florida: spoke about trying to get in touch with Manager McLemore. Ms. Durbin also asked for a copy of the plans showing the wall at Golf Terrace. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 26, ]999 Page 2 of 10 Lillian Spangle, 1162 Talmo Street, Winter Springs, Florida: inquired about getting a copy of the plans for the suggested wall at the Golf Terrace Apartments. Becky Parker, 1070 Talmo Street, Winter Springs, Florida: also asked about the wall at Golf Terrace Apartments. Roger Cooper, 313 Twelve Oaks Drive, Winter Springs, Florida: spoke about asking the Commission to instruct Staff to talk with the residents at Winding Hollow, regarding the previously proposed Nature Trail at Winding Hollow. Deputy Mayor Cindy Gennell asked if the City could post notice in all planned park areas, for the public to note. Deputy Mayor Cindy Gennell asked if the Commission could discuss the City posting signs notifying the general public of a planned park. Mayor Partyka said that this could be discussed later in the meeting. Gene Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: spoke about the actions of the Commission, and the divisions in the City. Jacqueline Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: addressed the issue of the Tuscawilla Assessment District, and the related bond issue. Robert King, 2211 Black Hammock Road, Oviedo, Florida: read a document into the record, from the Friends of Lake Jesup, (See Attachment "A'') regarding conservation areas and Lake Jesup. AGENDA CHANGE: THE COMMISSION AGREED TO HEAR CONSENT AGENDA ITEM "B", SEPARATELY FROM THE REST OF THE CONSENT AGENDA. III. CONSENT B. Community Development Department-Land Development Division Requests That the Commission Approve the Recordation of the Plat and the Covenants for Parkstone Unit 1. Commissioner Edward Martinez, Jr. spoke about the separation of Phase VI, and problems with endangered area lakes; and related City Codes. Commissioner Martinez stated that this Agenda Item should not be voted on until we hear from representatives with the St. Johns River Water Management District. Attorney Robert Guthrie, spoke of reparian rights, and that this was a "gray" area. There was discussion on restricting access to the lake; construction near wetland areas; development in the Florida Keys; getting input regarding legal counsel; writing an Ordinance to restrict docks; and bonds. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 1999 Page 3 of 10 Mr. David Kelley with Donald W McIntosh Associates, Inc.: spoke about such issues as the bonding; related escrow work; and reserve funds. Tape I/Side B The Commission further discussed the language of portions of the text, and suggested calling it a reserve fund; potential appeal actions; being more restrictive than 81. Johns River Water Management District; protection; and regulating access as opposed to restricting. Mr. John Odum, Development Manager with Centex Homes: stated that Centex Homes had bought the land with lake privileges and they would like to use those privileges. Discussion ensued on St. Johns River Water Management District permitting; quasi- judicial proceedings; reviewing the records regarding individual docks or a community dock; development agreements; input from staff; including the language of Sections 12.29. and 12.30. Regarding a PUD district, Commissioner Blake stated, "And I note for the record that this unit does indeed have substandard lots in it, based on our highest density residential uses that we allow in the City, and in return for that, throughout the PUD obviously the idea is to have an overall increased quality of development". COMMISSIONER MARTINEZ STATED, "FIRST OF ALL, I WOULD LIKE TO TABLE THIS MATTER TODAY - I WOULD LIKE TO INVITE THE PERSON FROM THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT WHO ISSUED THE PERMIT SO HE CAN EXPLAIN CLEARLY AND WITHOUT ANY DOUBT OR ANY HESITATION, ON ANYBODY'S PART, OR MINE, WHAT THEY MEANT WHEN THEY ISSUED THE PERMIT. THERE ARE STRICT RESTRICTIONS THAT THEY MEANT WHEN THEY ISSUED THIS PERMIT, AND THEN WE CAN TAKE IT FROM THERE". COMMISSIONER MARTINEZ ADDED, "IN THE MEANTIME, THE MOTION THAT I WANTED TO MAKE, IF YOU'RE GOING TO BE TAKING MOTIONS IS THAT 12.29. AND 12.30. IN THIS MEMO BE INCORPORATED INTO 12.29. AND 12.30. OF THE COVENANTS, AS WRITTEN HERE". MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. Mayor Partyka called a recess at 8: 17 p. m. The Meeting was called back to order at 8:26 p.m. by Mayor Partyka. Discussion ensued on buffers. Mayor Partyka stated, "The record will show that the Commissioner was shown by Mr. LeBlanc that there is a 25 foot conservation area". Discussion followed on buffer areas. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEET]NG - JULY 26, 1999 Page 4 of 10 COMMISSIONER McLEOD STATED, "I WOULD MAKE A MOTION THAT THIS IS TABLED TO OUR NEXT COMMISSION MEETING, AND THAT WE TAKE A POLL OF THE COMMISSIONERS ONE TIME THROUGH AS TO THEIR CONCERNS THAT THEY WOULD LIKE STAFF TO GO BACK AND TO ADDRESS, ON THIS PARTICULAR MOTION". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. Mayor Partyka polled the Commission for their concerns. Staff was asked to review the following: · Have we complied with our comprehensive plan · Sections Section 12.29. and Section 12.30. should be reviewed, and "if the latter part of that can be changed" · We need to hear from St. Johns River Water Management District, in terms of how their system works . · The Reserve Fund · End the sentence in Section 12.30. - "to end the sentence right after Lake Jesup" · Explain who is able to put in irrigation systems · Incorporate Section 12.29. and Section 12.30. from the Covenants · Amending the language related to approval by the St. Johns River Water Management District" A. City Manager Requests That the Commission Approve a Sub-lease Between APT TAMPA/ORLANDO, INC. (Aerial Communications) and AT&T WIRELESS SERVICES OF FLORIDA, INC.; a Site Impact Rental Agreement Between the City and AT&T; and a Consent, Non-Disturbance and Attornment Agreement Between the City, APT and AT&T to Locate a Third Communication Installation on the Communication Tower Located on the City Hall Property. c. City Clerk's Office Approval of the Minutes for the Special Meeting of July 6, 1999. D. City Clerk's Office Approval of the Minutes for the Special Meeting of July 8, 1999. E. City Clerk's Office Approval of the Minutes for the Regular Meeting of July 12, 1999. Tape 2/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 1999 Page 5 of 10 "I'LL MOVE TO APPROVE THE CONSENT AGENDA". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: ABSENT; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. AGENDA CHANGE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER THAT THEY WERE DISCUSSED. IV. INFORMATIONAL B. Community Development Department-Engineering Division Requests the City Commission Review Information Regarding Golf Terrrace Apartments, Phase II as to Setbacks, Fencing and Landscaping Requirements. Note: This Agenda Item was discussed on several different occasions during this Meeting; therefore, this Agenda Item will be noted in several places throughout these minutes. Plans were presented to the Commission regarding this project and related landscaping, followed by discussion on "Attachment D"; specified distances; and walls and berms. Note: While Staff left the meeting to get additional plans, the Commission briefly discussed the following Agenda Item. C. Public Works Department Responding to the Commission's Questions Regarding the Power Easement Fencing in Winding Hollow. The Commission discussed with Mr. Kipton D. Lockcuff, P.E., Public WorksfUtility Department Director and Mr. LeBlanc, different types of fencing; height levels of fencing; disrepair of fencing; height limitations of the code; ownership; and agreements with Florida Power Corporation. Commissioner Robert S. Miller asked about the cut through to Alton Road, and persons driving their ATV's into the Winding Hollow subdivision. B. Community Development Department-Engineering Division Requests the City Commission Review Information Regarding Golf Terrrace Apartments, Phase II as to Setbacks, Fencing and Landscaping Requirements. Note: This is continued discussion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 1999 Page 6 of 10 The Commission reviewed the original plans which outlines that "there has to be a combination of wall and berms". The Commission discussed the planned locations of berms, landscaping; vegetation; fencing; walls; the treeline; zoning classifications; the original approval of the plans; buffer areas; revisions to the plan; chain link fencing; fence designs; agreements; expiration dates for completion of projects; and concessions. David Bottnstadt, 1170 Talmo Street, Winter Springs, Florida: felt that the berm would not help solve the problems that he and his neighbors were concerned with, such as safety Issues. A. City Manager Requests the City Commission Discuss Who the City Clerk's Office is Directly Responsible To; in Addition to Considering Resolution Number 740 Which Establishes the Rules for the Conduct of its Business. Manager McLemore stated that he had additional information coming regarding this Agenda Item, and the Commission agreed to delay this subject until the next Commission Meeting. "I MOVE TO APPROVE THE INFORMATIONAL AGENDA". MOTION BY DEPUTY MAYOR GENNELL. Tape 2/Side B IV. INFORMATIONAL B. Community Development Department-Engineering Division Requests the City Commission Review Information Regarding Golf Terrace Apartments, Phase II as to Setbacks, Fencing and Landscaping Requirements. Note: This is continued discussion a/this Agenda Item. The Commission asked that Staff review the tree issue; and the "tree line" be checked, in accordance with the plans, and to put a "Copy of that section of the Architectural that shows the wall" in the Commission's mailboxes. MOTION (TO APPROVE THE INFORMATIONAL AGENDA) BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. CITY OF W]NTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 1999 Page 7 of 10 v. PUBLIC HEARINGS A. City Manager Conduct First Reading on Ordinance No. 732 Calling for a Non-binding Referendum on the Issue of Whether the Registered Voters Desire the City Commission of the City of Winter Springs to Adopt Ordinances Prohibiting Nudity in Commercial Establishments Where Alcoholic Beverages are Sold, Served or Consumed. Attorney Guthrie provided the Commission with background information on this issue. There was brief discussion on including the Fluoridation issue on the Referendum. MAYOR PARTYKA ASKED IF THERE WAS A "MOTION TO READ BY TITLE ONLY". "SO MOVED". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: A YE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Attorney Guthrie read the Ordinance by "title only". Mayor Partyka opened the meeting to "Public Input". There was no input from the public. The "Public Input" portion of the meeting was closed. MAYOR PARTYKA ASKED, "LOOKING FOR A MOTION JUST TO MOVE IT ON TO A SECOND READING". "SO MOVED". MOTION BY DEPUTY MA YOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. AGENDA CHANGE: THE COMMISSION AGREED TO HEAR THE FOLLOWING SUBJECT AS THE ONL Y TOPIC DISCUSSED ON THE REGULAR AGENDA. VI. REGULAR Mayor Partyka said that Deputy Mayor Gennell has asked that the following be placed on this Agenda: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 1999 Page 8 of 10 "Directing the City Manager to Identify any City Lands Next to Homeowner, Subdivisions, or Homeowner Associations, so They Would Not be Unaware of What has Happened". "MOTION TO PUT IT ON THE AGENDA". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. There was discussion on concerns with legal issues; obtaining a legal opinion; ownership; and properly identifying public lands. Mayor Partyka clarified that the consensus of the Commission was "you'll have to come up with some kind of procedure in terms of identifying those lands or at least come back to us, with an idea". VII. REPORTS A. Law Firm of Frank Kruppenbacher, P.A. Attorney Robert Guthrie stated that as he had accepted a posItion with another governmental agency; thus, the law firm of Frank Kruppenbacher, P.A. will be resigning (most likely within sixty days) as the City of Winter Springs' City Attorney legal counsel. On behalf of the law firm, Attorney Guthrie thanked the City of Winter Springs for the opportunity to serve as legal counsel. Deputy Mayor Gennell suggested that Mr. Gary Massey could serve as the Interim City Attorney. Manager McLemore asked the Commission to allow him to employ special (labor) counsel to deal with a problem, on a limited scope basis. The Commission agreed, as long as the $12,500 balance permitted. COMMISSIONER McLEOD STATED "TO ALLOW THE CITY MANAGER TO HIRE AN ATTORNEY FOR THIS ONE ISSUE ONLY". MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 1999 Page 9 of 10 B. City Manager - Ronald W. McLemore No Report. C. City Clerk - Andrea Lorenzo-Luaces (Interim City Clerk) No Report. D. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez inquired about the status of the skateboard issue. Commissioner Martinez asked about the recent suggested Appointment to the Regional Planning Council. Mayor Partyka stated that he would take care of this immediately, and would have further information at the next meeting. Commissioner Martinez handed Manager McLemore a letter regarding a problem with a citizen, and asked that Manager McLemore handle this matter. E. Commission Seat IV - Cindy Gennell No Report. F. Commission Seat V - David W. McLeod No Report. G. Commission Seat I - Robert S. Miller Commissioner Miller asked if the bill had been sent to Mayor Partyka, for payment of legal expenses. Attorney Guthrie explained that he had not yet provided the additional information that the Finance Director needed. Commissioner Miller inquired if citizen Trish Drebert's complaint about a City employee had been taken care of. Manager McLemore said that he would check on this. Commissioner Miller then asked what the outcome was regarding an overdue water bill (for $762.00). Manager McLemore explained about the recent decision to update the software for our financial system. Commissioner Miller asked for an update on the status of the Texaco station; and that the gate needs to be closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 26, 1999 Page 10 of 10 H. Commission Seat II - Michael S. Blake Commissioner Blake inquired about the status of the City Clerk's Appointment. Deputy Mayor Gennell asked about appointments to the Oak Forest Advisory Committee, and could this issue be discussed at the next meeting. I. Office of the Mayor - Paul P. Partyka Mayor Partyka inquired about a person who is not a City employee, occupying space in a city building. Attorney Guthrie explained that he would research this issue further. Commissioner Miller mentioned that the Seminole County Disabilities Council was going to have a luncheon, and that he would have more information at the next Commission Meeting. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 10:29 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.