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HomeMy WebLinkAbout1999 08 23 Consent Item H COMMISSION AGENDA ITEM H Consent X Informational Public Hearings Regular August 23. 1999 Regular Meeting Mgr. 1 Dept. Authorization H. City Clerk's Office Approval Of The Minutes For The Regular Meeting Of August 9, 1999 (Held On August 11, 1999) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA nON OF THE AUGUST 9, 1999 REGULAR MEETING HELD ON AUGUST 11,1999 I. CALL TO ORDER The Continuation of the Regular Meeting (of August 9, 1999) 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, absent 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 IV. INFORMATIONAL B. Commissioner Edward Martinez, Jr. Requesting The St. John's River Water Management District Have A Representative At Its August 9, 1999 Commission Meeting To Have The Commission And City Manager Obtain A Better Understanding Of the SJRWMD's Review And Permitting Procedures. Ms. Nancy Christman, Intergovernmental Coordinator with St. John's River Water Management District: discussed what their involvement is with the City's Comprehensive Plan; water resources; their participation with our staff; and land acquisition programs. Ms. Christman also mentioned the new "Florida Forever" program which will be the continuation of the program entitled "Preservation 2000". Ms. Elizabeth Thomas, Orlando Service Center Director with St. John's River Water Management District: spoke on the issues of exemptions; different levels of review; related criteria; boat mooring locations; and the impact of docks (on vegetation). There was further discussion on the impact of docks; the involvement of the St. John's River Water Management District; potential impacts of pollution; the possibility of banning the use of lakes; and wetlands. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9,1999 HELD ON AUGUST I 1,1999 PAGE 2 OF 10 Mr. David Dewey, Assistant Office Director for the St. John's River Water Management District Orlando Service Center: discussed Florida Statutes 373; "threshold" levels; riparian rights; shorelines; criteria for permits; docks; access; and conservation easements. Ms. Pamela Thomas, Ecosystem Program Manager for Orange County: answered questions regarding the adverse impacts on wetland areas and shorelines. The Commission further discussed lot sizes in the City of Winter Springs; City staff; other agencies; building codes; permits for docks; and the prohibition of docks. Tape I/Side B The Commission asked Ms. Thomas about the wording (found in the document that Ms. Thomas had handed to the Commission) on Line 8, on page 3 - Item 4, which states that "shall be treated as on parceL..". There was discussion about whether the "on" should be "on" or "one". Ms. Thomas asked if this could be researched and corrected if necessary. Ms. Thomas said that she would check on this, and return any applicable revisions to wording - to the City. Discussion ensued on the status of Lake Jesup being on the endangered list of lakes; enforcement issues; ordinances that Orange County has written and currently enforces regarding water environment issues; litigation matters; updating Orange County Ordinances; and the Comprehensive Plan. AGENDA CHANGE: THE COMMISSION AGREED TO HEAR REGULAR AGENDA ITEM "C" AT THIS TIME. VI. REGULAR C. Community Development Department - Land Development Division Requests That The Commission Remove From the Table Consent Agenda Item B Which Was Tabled At The Commission Meeting Of July 26, 1999. The Request Was To Approve The Recordation Of The Plat And The Covenants For Parkstone Unit 1. The Commission briefly discussed several types of zoning within the City. Mayor Partyka called a recess at 8: 15 PM The Meeting was called back to order at 8:25 P.M CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST II, 1999 PAGE 3 OF 10 Mr. Robert King, 2211 Black Hammock Road, Oviedo, Florida: spoke about the Friends of Lake Jesup; and the impact of development on the shores of Lake Jesup. Tape 2/Side A The Commission discussed designations for conservation areas; rights; prohibition of rights; protection of areas; the City's Future Land Use Map; preserving sensitive lands; compliance issues; and riparian law. Mr. John Horan, Orlando, Florida: representing Centex Homes explained the "Parkstone Vested Rights Chronology"; approvals granted by the City of Winter Springs; legal issues; vested rights; the City's Comprehensive Plan; riparian rights; recording of the plat; engineering approvals; mitigation; and environmentally sensitive lands. The Commission then discussed the purchase of the Parkstone property from the Leffler Company; previous considerations; artesian wells; litigation; evaluation of data; rights; protecting environmentally sensitive lands; and protecting the shores of Lake Jesup. COMMISSIONER McLEOD STATED, "I MAKE A MOTION THAT WE APPROVE THE PLOTTING AS PRESENTED TO US OF PARKSTONE". MOTION DIED FOR LACK OF A SECOND. There was further discussion about Part "A" and Part "B" of the Planned Unit Development (PUD). Mr. Don LeBlanc, Land Development Coordinator said that he would research this as soon as possible. Commissioner Michael S. Blake said that this should indeed be "fixed" very soon. There was further discussion about staff getting together with the applicant to protect some of these areas; the zoning process; imposing additional restrictions; impacts on the lake; and lot lines. Commissioner Edward Martinez, Jr. spoke for the record, "From the Comprehensive Plan, the Comprehensive Section on Page 29, Section 7, and it says here - that the duty of the City is to monitor our land support to proactive environmental projects affecting the City, such as the states proposed plans to reclaim Lake Jesup and the County's acquisition of Spring Hammock by providing information, needed for social, economic or other studies; requiring that all new development that drains into the Lake Jesup waters, shall adequately treat storm water ensuring that clearing of vegetation and wetlands adjacent to the 100 year flood plain and surface waters are regulated in accordance with policies C-5 and 6, and ensuring future land uses are developed to be compatible with lake management goals. Thank you". Commissioner Blake then said to Mr. Horan, "Perhaps your client would wish to add some further protections to the wetland area, that exists between the water line and the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST 11, 1999 PAGE 4 OF 10 upland buffer; and to be certain that there is absolutely no construction on that portion of the property and to limit clearing on that upland, to a 'some fixed foot width number' if you will; in other words to allow only a path of perhaps three (3) or five (5) feet to be cleared through that conservation area, therefore allowing allowing access to the lake, but preserving the integrity of the buffer, and not just the upland buffer, the wetland area". Mr. Horan read from a document entitled "Conservation Easement" (See Attachment "A"); that was currently being reviewed by the St. Johns River Water Management District. Tape 2/Side B Mr. Don McIntosh of Donald W McIntosh Associates, Inc.: spoke to the Commission on the issue of docks and public access. The Commission was concerned with a proliferation of docks; and asked what can be done to rectify this situation; for instance, what kind of "concrete" reassurance can the developer give the City. Further discussion ensued on sales personnel; signage that should be included into the conservation easements; surveying of property; the value of portions of Lake Jesup; protecting the shores of Lake Jesup; looking for "major constructive assurances"; replatting the lines of Lake Jesup; the burden of enforcement on such property; and reserve funds. Mr. Andy Schoen, Associate General Counsel with Centex Homes: addressed the issue of reserve funds. Mayor Partyka called a recess at 10:14 PM The Meeting was called back to order at 10:29 PM "I'LL MAKE THE MOTION TO EXTEND THE MOTION FOR ONE HOUR". MOTION BY COMISSIONER BLAKE. DEPUTY MAYOR GENNELL STATED, "I'LL MAKE A MOTION TO EXTEND THIS MEETING TO MONDAY AT 5:00 P.M.". SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Mr. Horan advised the Commission that his client has agreed to include copies of the "Conservation Easement" to be initialed by the purchaser at closing; to require an affidavit of acceptance to be signed, and recorded; and to have signs posted at the applicable properties. Mr. Horan added, "We'll go ahead and do a separate disclosure that says that 'the reserve clause belongs to Homeowner Association' at closing". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST II, 1999 PAGE 5 OF 10 "I'LL MOVE FOR APPROVAL OF THE RECORDATION OF THE PLAT FOR COVENANTS FOR PARKSTONE, UNIT 1". MOTION BY DEPUTY MAYOR GENNELL. COMMISSIONER BLAKE ASKED, "ARE YOU INCORPORATING THE REPRESENTATIONS MADE BY THE DEVELOPER HERE THIS EVENING, FOR THE CHANGES". DEPUTY MAYOR GENNELL, ADDED "HE'S GOT IT VERBATIM, TO PROVIDE A COpy OF THE TRANSCRIPTS". SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: NAY; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. v. PUBLIC HEARINGS B. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The Second Reading Of Ordinance 731 To Amend The City Code That Deals With Commercial Vehicle Parking In Residential Areas. Attorney Robert Guthrie stated, "There is one necessary part of the Ordinance that needs to be changed, 'sometime "'. Attorney Guthrie read the Ordinance by "title only". Mayor Partyka opened the meeting to "Public Input". Trish Drebert, Ranchlands, Winter Springs, Florida: asked about horse trailers. The "Public Input" portion of the meeting was closed Mayor Partyka stated, "From my point again - I want to go on record again - I appreciate the fact that you've made the changes based on some of the comments that I've made. Number two, I'd still like to take the position, from a long term administrative standpoint, I think it would be good still to grandfather those unauthorized commercial vehicles for the life of the vehicle, and then handle that when they come in on the proper sizes vehicle, for the permitting. Also, if that doesn't happen, I urge you all again to consider the fact that waiving the $25.00 permitting fee. It's really a pain for these people to come in, and then, on top of that, to charge a $25.00 for something that really is minimal impact on the city. So again, I urge you to show a little fairness, because we've in effect allowed these trucks to continue, and all of a sudden, we're forcing these people to come in for a permit and pay for that. So, that's my two points". CITY OF WfNTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9,1999 HELD ON AUGUST I I, 1999 PAGE 6 OF 10 The Commission discussed permitting; inspecting of vehicles; the $25.00 fee; adequately notifying the public (through the newsletter and water bills); and notifying people on the streets. Commissioner Blake suggested using bicycle patrols to help with this effort. "MAYOR, I'LL MAKE A MOTION THA T WE APPROVE AND ADOPT ORDINANCE 731". MOTION BY COMISISONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. C. 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. There was discussion on the status of the second hearing. 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 Commissioner Martinez stated for the record, "To say to you that we have already created a blunder as far as Lake Jesup is concerned, based on what shows you, was as Mr. King said, you'll have high intensity development right up to the lake shore, and before we go wacko again and allow this to continue - the protection of the lake shores - that we take the necessary steps to protect the lake shores". "I'LL MOVE TO CONTINUE THIS ITEM UNTIL 5:00 P.M. ON MONDAY (AUGUST 16TH, 1999)". MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The First Reading Of Ordinance 725 To Adopt The GreeneWay Interchange Zoning District Text and Map. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST II, 1999 PAGE 7 OF 10 "MAYOR, I'D LIKE TO MAKE A MOTION THAT WE POSTPONE ITEM "D", THE PUBLIC HEARING, FIRST READING OF ORDINANCE 725 UNTIL 5:00 P.M. ON MONDAY THE 16TH)". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: NAY. MOTION CARRIED. E. Community Development Department - Planning Division Requests The City Commission Extend By Mutual Agreement With The Casscells Trust Property The Expiration Date Of Section 7 (b) Of The Casscells Interim Development Agreement From August 23, 1999 To November 21, 1999. "MAYOR, I'D LIKE TO MAKE A MOTION THAT WE POSTPONE ITEM "E", THE MUTUAL AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND THE CASCELLS TRUST UNTIL AUGUST 16TH AT 5:00 P.M.". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Note: In other Business, Attorney Guthrie stated that regarding the approval of Resolution Number 887 that was made, (earlier in this meeting, which was held on Monday, August 9, 1999) that the "Maker of the motion)} and the "Seconder)} clarifY their intent. "IT WAS A MOTION TO ADOPT. THE MOTION SAYS, 'THE PURPOSE OF THIS AGENDA ITEM IS FOR THE COMMISSION TO DETERMINE IF IT IS IN THE BEST INTEREST OF THE PUBLIC, TO APPROVE OR DISAPPROVE THE FINAL ASSESSMENT RESOLUTION IMPLEMENTING THE CAPITAL IMPROVEMENT AGREEMENT OF THE TUSCA WILLA LIGHTING AND BEAUTIFICATION ASSESSMENT DISTRICT, ESTABLISHING RATES FOR THE DISTRICT FOR FISCAL YEAR 2000, AND ADOPTING A LOCAL IMPROVEMENT ASSESSMENT FOR FISCAL YEAR 2000'. I JUST WANT TO CORRECT THIS MOTION TO INDICATE THAT WE MOVED IT TO APPROVE AND TO ELIMINATE THE PART THAT SA YS 'FOR DISAPPROVAL' FROM THE ORIGINAL MOTION". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEO]): AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9,1999 HELD ON AUGUST 11,1999 PAGE 8 OF 10 Mayor Partyka added, "Let the record just show, that I believe that's what the Commission did the first time". Mayor Partyka recessed the meeting (at 11 :00 p.m.) until Monday, August 16, 1999. The following Agenda Items were not discussed, but will be discussed at the continuation meeting to be held on Monday, August 16, 1999. IV. INFORMATIONAL C. City Manager and Parks and Recreation Department Providing The City Commission Current Information Regarding Skate Park/Court Facilities For Public Use. D. City Manager Requests The City Commission Consider A Draft Ordinance Prepared By The City Attorney Amending Chapter 3, Alcoholic Beverages Of The City Code. E. Community Development Department - Engineering Division Requests The City Commission Review Information Regarding Golf Terrace Apartments, Phase II As To Setbacks, Fencing And Landscaping Requirements. F. City Clerk's Office The Interim City Clerk Requests The City Commission Review This Agenda Item For Information Regarding Some Of The Preliminary Details And Dates Pertaining To The Upcoming City Election. V. PUBLIC HEARINGS B. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The Second Reading Of Ordinance 731 To Amend The City Code That Deals With Commercial Vehicle Parking In Residential Areas. C. 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST 11, 1999 PAGE 9 OF 10 D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The First Reading Of Ordinance 725 To Adopt The GreeneWay Interchange Zoning District Text and Map. E. Community Development Department - Planning Division Requests The City Commission Extend By Mutual Agreement With The Casscells Trust Property The Expiration Date Of Section 7 (b) Of The Casscells Interim Development Agreement From August 23, 1999 To November 21, 1999. VI. REGULAR D. Public Works Department Forwarding Applicants for the Oak Forest Wall and Beautification District Advisory Committee to the City Commission. E. City Manager Requests The City Commission Discuss Whom 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. (This Item Was Previously Scheduled For The City Commission Regular Meeting Of July 12, 1999 And July 26, 1999). VII. REPORTS A. Legal Counsel B. City Manager - Ronald W. McLemore C. City Clerk - Andrea Lorenzo-Luaces (Interim City Clerk) D.Commission Seat IV - Cindy GennelJ E.Commission Seat V - David W. McLeod F. Commission Seat I - Robert S. Miller G. Commission Seat II - Michael S. Blake H. Commission Seat III - Edward Martinez, Jr. I. Office of the Mayor - Paul P. Partyka CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST I 1,1999 PAGE 10 OF 10 VIII. ADJOURNMENT Respectfully Submitted By: Andrea Lorenzo-Luaces Interim City Clerk APPROVED: PAULP. PARTYKA, MAYOR NOTE: These minutes were approved at the , 1999 City Commission Meeting.