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HomeMy WebLinkAbout1999 01 25 Consent Item E COMMISSION AGENDA ITEM E Consent X Informational Public Hearings Regular January 25. 1999 Regular Meeting Mgr. / Dept. Authorization CONSENT City Clerk's Office E. Approval of Minutes of November 23, 1998. REGULAR MEETING CITY COMMISSION NOVEMBER 23, 1998 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:45 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, absent City Manager Ronald W. McLemore, present Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, absent Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present Mayor Partyka asked if there were any agenda changes. Commissioner Blake stated he had questions on Consent Agenda Items A and D. Mayor Partyka mentioned the Holiday Parade was held on Sunday and thanked the Civic Association, the Police Department and Fire Department for their work and stated that the parade was very successful. II. PUBLIC INPUT Art Gallow, 199 Nandina Terrace, Spoke regarding Kash n' Karry/Courtney Springs Apartments and also thanked Commissioner McLeod for explaining the history of this project. Mr. Gallow gave suggestions for a different approach to this development. Mickey Schwee, 179 Nandina Terrace, spoke regarding the development at S.R. 434 and Vistawilla Drive and asked if a vehicular tip study was done regarding trips per day and cut-through traffic. Robert Ferdinand, 130 Peregraue Court, spoke regarding the shopping center at Vistawilla Drive and S.R. 434. Moti Khemlani, 605 Morgan Street, spoke regarding the Vistawilla area development. Lori Campbell, 118 Nandina Terrace, finished speaking for Mr. Khemlani. III. CONSENT AGENDA Community Development Department/Land Development Division A. Informing the Commission that the Florida Department of Environmental Protection has approved expenditure of the City's 1998-99 Recycling & Education Grant allowance on playground equipment. Utility Department B. Requesting authorization to execute Amendment 13 for Consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. Rel!ular Meetiol! City Commission November 23. 1998 97-98-51 Pal!e 2 Utility Department C. Requesting authorization to execute Amendment 11 for Consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. Utility Department D. Requesting authorization to execute Amendment 12 for consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. City Manager E. Requesting the City Commission to adopt Resolution No. 868 authorizing the Holiday Schedule for 1999. Mayor's Office F. Requesting the City Commission to adopt Resolution No. 869 expressing appreciation to Anne Schneider for her service on the Code Enforcement Board. Commissioner Blake asked about the playground equipment. Commissioner Blake asked, regarding Consent Agenda Item D, if Chelsea Woods was included. Motion was made by Commissioner Martinez to approve the Consent Agenda. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner McLeod: aye. Motion passes. IV. INFORMATIONAL AGNEDA V. PUBLIC HEARINGS VI. REGULAR AGENDA City Manager A. Requesting the City Commission review CALNO's request that Seminole County reexamines the current method of distribution between the County and the Cities relative to Local Option Gas Tax revenues: John Drago, Assistant City Manager, gave his presentation. Discussion. Motion was made by Commissioner Blake to approve Regular Agenda Item A and to look at this in the future and find a way to get more benefits out of this for the City. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. City Manager B. Requesting City Commission approve the First Reading of Ordinance NO. 709 which abolishes the City of Winter Springs' Commerce and Industry Development Board: Motion was made by Commissioner Blake to read Ordinance 709 by title only on First Reading. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Re!!ular Meetin!! City Commission November 23,1998 97-98-51 Pa!!e 3 Motion was made by Commissioner Blake to move Ordinance 09 on to Second Reading. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner McLeod: aye. Motion passes. Utility Department C. Requesting a tentative date be set for a Public Forum to discuss fluoridation of the water supply: Kip Lockcuff, Public WorkslUtility Director, stated he would like to set the date of April 5, 1999 for a Public Forum on this subject. Mayor Partyka asked that information be given to the residents before the Public Forum. It was the consensus of the Commission to hold a Public Forum on April 5, 1999 on this subject. Community Development Department/Land Development Division D. Requests Commission approval for the First Reading of Ordinance No. 710, amending the City Code to require walls to be built to buffer residentially zoned property from commercially zoned property: Motion was made by Commissioner Blake to read Ordinance 71 0 by title only on First Reading. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Martinez: aye; Commissioner McLeod: nay; Commissioner Blake: aye. Motion dies. Attorney Guthrie read Ordinance 710 in it's entirety on First Reading. Discussion on this Ordinance. Motion was made by Commissioner Blake to move Ordinance 710 with the changes that were discussed onto Second Reading. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Community Development Department/Land Development Division E. Requesting that the Commission take from the table the Kash n' Karry/Courtney Springs Apartments preliminary engineering/final development plan, to discuss items to be included in a proposed Development Agreement and to define the conditions under which the Commission is willing to approve the preliminary engineering and final development plan: Motion was made by Commissioner Blake to remove this item from the table. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner McLeod: aye. Motion passes. Manager McLemore gave his presentation and in summary stated that the three issues are the Vistawilla Drive Kash n' Karry building sign; the brick wall (between the proposed Re!!ular Meetin!! City Commission November 23. 1998 97-98-51 Page 4 professional building and the residential area); and the multi-tenant sign being reduced to a single tenant sign. Mike Jones, Attorney for the developer, stated that based on the comments from the Commission and the desire to maintain the Vision Ordinance and the standards that the Commission thinks is important, they have submitted tonight a plan that is intended to comply with the City's Code in every respect. Mr. Jones stated that they don't agree with some of the Staffs interpretation of the Code regarding landscaping and signage and a few other things but stated that they are submitting a plan (under protest because they feel they had worked out a good program for the citizens and for the City that was tastily rejected last week) and ask the Commission to approve the modified plans. Discussion on Item E and Item E-I. Mayor Partyka asked the City Manager, which plan is better for the residents. Manager McLemore stated, in his opinion, Item E is a better plan for this community. Discussion. Commissioner McLeod said what makes sense is to recommend to the Commission that the Commission considers Item E, with the developer agreeing and if the developer does not agree, then the Commission needs to hear Item E-l item by item. Discussion. Mayor Partyka stated that Kash n' Karry in addition to the two authorized multi-tenant signs is seeking a variance for one additional single tenant sign to be located on the north west corner of the property. Mr. Jones said they would agree with what they discussed with Staff and that is to drop the multi-tenant sign and have a single tenant sign per the other signs. Mr. Jones stated that they understand that when they submitted the plans, they have final engineering plans and drawings and said the reason they were required to do the visual drawings was because what they put on the drawings is what they were going to develop and said that is what they were told and said that is why the drawings were incorporated as an exhibit to the developers agreement so it is specifically part of the agreement. The Commission decided to have a consensus item by item before the vote. Mayor Partyka stated that the first item is that Kash n' Karry, in addition to the two authorized signs is seeking one additional single tenant sign to be located on the north west corner of the property - the agreement is to drop the multi-tenant sign and have that a single tenant sign. Discussion. The Commission was in consensus on this item. Mayor Partyka said the next item is Kash n' Karry is seeking a height variance for the three single tenant signs, one located on the north west corner ofthe property, one to be located on the future out parcel one and one to be located on out parcel two - the out parcel signs are not to be erected at this time, only when the development on the parcels occur and the request is for the signs to be 8 feet 9 inches in height (the new development corridor standards only allows a height of 8 foot) and also stated that the actual copy Ree:ular Meetine: City Commission November 23. 1998 97-98-51 Pae:e 5 space request is far below than what is permitted. Discussion. The Commission was in consensus on this item. Mayor Partyka recessed the meeting at 9: 1 0 p.m. Mayor Partyka reconvened the meeting at 9:20 p.m. Commissioner McLeod said for information regarding this development, that development was originally a lower dollar end development and the developer over the nine years took the advantage of upgrading those homes and said the homes actually abutting this development are a higher end home than nine years ago intent. That may be why some of you are finding yourselves in a home abutting a development of a commercial nature. Mayor Partyka said the next item is Kash n' Karry is seeking a height variance for all store front building mounted signs to exceed a height of 14 feet, which is the corridor standards to be consistent with the building height, the request for the primary sign is from 25 feet 6 inches at base to 33 feet 6 inches at top, the mounting for the liquor store on the eastern most retail store is from 19 feet 6 inches at base to 21 feet 6 inches at top, the mounting for the smaller stores is from 16 feet 6 inches at base to 18 feet 6 inches at top and is on the east - the actual copy space requested is far below then what is permitted. Discussion. The Commission was in consensus of this item. Mayor Partyka said the next item is Courtney Springs is seeking a reduction of the parking space size for a 154 spaces from lOx 20 corridor standards, to 9 x 20 for compact cars. Discussion. The Commission was in consensus of this item. Mayor Partyka said the next item is Courtney Springs is seeking a variance for the entry wall to be of concrete block and stucco rather than brick, decorative or split faced concrete block. Mr. LeBlanc stated that it has been determined that this is not needed, there was a memo stating that it is compatible. Mr. Jones said it has been suggested that the height of the wall is 12 foot (in the front) and said that is in conformance with the City's sign ordinance but said it was confused with that being a wall and a wall is not suppose to be more than 8 foot high and said so there is not a problem between it being called a sign or a wall, if it is determined to be a wall, they want the entry way (the two wing walls) to be a variance and the ability to put Courtney Springs on both of the wing walls. Discussion. The Commission was in consensus ofthis item. Mayor Partyka said the next item is Courtney Springs is seeking a variance for the use of 12 foot wax myrtle trees or other fast growing trees be allowed along the rear boundary of the property, rather than canopy trees, corridor standards, along the rear of the property. Approximately 22 of these trees will be planted, corridor design standards only require a canopy tree every 75 feet, this actually would allow a sight barrier between the subdivision and the apartments to grow much quicker than the corridor design standards. Discussion. The Commission was in consensus of this item. Ree:ular Meetine: City Commission November 23. 1998 97-98-51 Pae:e 6 Mayor Partyka said the next item is the owner in requesting that the City require ownership ofthe F.D.D.T. retention pond. Discussion. Manager McLemore stated that whatever is agreed to he doesn't want the City to be responsible for the maintenance. Discussion. Mr. Jones stated that they will put in a fountain and lights maintained by the developer. Mr. Jones said with that he would like a cap on the cost of acquiring the pond. Discussion. Mr. Jones stated that they would be willing to have a $1,500 cap and the City to have a $1,500 cap and anything above that it (the pond) does not get acquired or has to come back to the Commission. The Commission was in consensus on this item. Mayor Partyka said in consideration of the developer's request, the City desires: a six- foot masonry wall between the project and the residential area on the property not located in the wetlands. Discussion. Mr. Jones said they will set aside 50 feet x 5 foot easement on the end of the wall and said if they have to build the wall before the year is out then they will leave that 50 foot vacant but if they haven't done something with it by the end of the year, then they will fill it in with a masonry wall. Discussion. Mr. Jones stated that will not build the wall for six months in a 100 feet section, and when they build it if the they haven't decided by then, then they will build the wall in concrete and stucco. Discussion. Lee Jensen, Vice-President of the homeowners association and representative to the builders, stated that he thinks what is being talked about is for the Tuscawilla Homeowners Association for the first 50 feet. Manager McLemore said Mr. Jensen's issue is to have the first 50 feet be brick. Discussion. Mr. Jones said they will dedicate the 50 x 5-foot easement on the backside of the wall to the Tuscawilla Homeowners Association, and said they will build the wall, everything but the last 50 feet. Discussion. Manager McLemore said they will need six months to be able to come up with a way to have brick. More Discussion. Commissioner Blake said we are asking that you deed the first 50 feet to the homeowners or T.B.D. and build the next 50 feet of wall brick at your cost. Discussion. Mr. Jones was in agreement to this. The Commission was in consensus to this. The homeowner's portion will be built in a brick compatible to the developer's portion. Mayor Partyka said next is Kash n' Karry to designate out parcel II as office use only. Mr. Jones said they have agreed to do that. The Commission was in consensus. Mayor Partyka said the next is the owner of the property designate two sites for the Tuscawilla PUD entry signs, one on each side of Vistawilla. Discussion. Mr. Jones said they will dedicate not less than 20 foot by 5 foot. George Morris, President of the Tuscawilla Homeowners Association, said he is concerned about the items being discussed and stated that he appreciates any type of easement that they can get for a sign at the corner of Vista willa and 434 but said he thinks the depth of 5 feet is out of proportion and suggested 15 feet deep. Mr. Jones said they will agree to give not less than 5 x 20 and if they come up with a plan to the City they may make it more on the east side. Ree:ular Meetine: City Commission November 23. 1998 97-98-51 Pal!e 7 Manager McLemore stated that on the East Side the developer is providing a (not less than) five foot wide, twenty foot long easement for the construction of an entrance way sign. The Commission was in consensus. Mr. Jones said the developer is in agreement with items 4B, 4C, 4E and 4F. The Commission was in consensus. Mayor Partyka said the next is the developer is to pay 50% of the cost of under- grounding of utility lines and poles on S.R. 434 to the western edge of the F.D.a.T. pond, with a cost of $31,825.50. Mr. Jones said they are in agreement to that. The Commission was in consensus. Mr. Jones asked if this can be approved by the December 14, 1998 meeting and he will remove the sign on the side of the building. Discussion. Manager McLemore said there will be a Special Meeting on December 7, 1998 and this can be on the agenda for the first public hearing. Motion was made by Commissioner Martinez to approve the preliminary engineering and final development plan and also to have the City Manager prepare a development agreement consistent with all items discussed. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Blake: aye; Commissioner McLeod: aye; Commissioner Martinez: aye. Motion passes. Motion was made by Commissioner Blake to have the City Manager prepare the development agreement consistent with the previous motion. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Martinez: aye; Commissioner Blake: aye. Motion passes. Commissioner Blake asked the Commission hold a Special Meeting on December 7, 1998 to hold the first public hearing on this item. It was the consensus of the Commission to hold the Special Meeting on December 7, 1998 at 6:30 p.m. Community Development Department/Land Development Division E.l Requests Commission approval of an alternate Preliminary Engineering/Final Development Plan for Kash n' Karry/Courtnev Springs Apartments: This item withdrawn by the applicant. Mayor Partyka called a recess at 10:21 p.m. Mayor Partyka reconvened the meeting at 10:30 p.m. Public Works Department F. Responding to the City Commissions' request to add to the Landscape Maintenance Contract Scope of Work: Discussion on this item. Motion was made by Commissioner Blake to approve this agenda item as recommended by Staff. Seconded by Commissioner Martinez. Discussion. Vote: Ree:ular Meetine: City Commission November 23.1998 97-98-51 Pae:e 8 Commissioner McLeod: aye; Commissioner Martinez: aye; Commissioner Blake: aye. Motion passes. Community Development Department/Land Development Division G. Requests Commission approval of the Final engineering for Parkstone PUD: Donald LeBlanc, Land Development Coordinator, gave his presentation. Mr. LeBlanc stated that this has been revised from 400 lots to 300 lots and stated that the developer has complied with everything the City has asked for. Discussion. Motion was made by Commissioner McLeod to approve the Final Engineering for Parks tone PUD. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner McLeod: aye. Motion passes. VII. REPORTS A. City Attorney - Frank Kruppenbacher Attorney Guthrie asked for a special meeting to discuss the Settlement Agreement regarding the Mikes issue. It was determined that this meeting will be held on December 7, 1998 at 6:30 p.m. Attorney Guthrie reviewed with the Commission the Settlement Agreement regarding Battleridge which was returned from Seminole County. Motion was made by Commissioner McLeod to extend the meeting past 11:00 p.m. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner McLeod: aye. Motion passes. Discussion on the Settlement Agreement from the County. The date of March 31, 1999 will be changed to July 31, 1999 and to add that the City of Oviedo will meet with the City of Winter Springs. Motion was made by Commissioner Blake to authorize the City Manager or City Attorney to present the Settlement Agreement to the County. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner McLeod: aye. Motion passes. B. City Manager - Ronald W. McLemore No Report. C. Commission Seat III - Ed Martinez, Jr. No Report D. Commission Seat IV - Cindy Gennell Absent Rel!ular Meetinl! City Commission November 23. 1998 97-98-51 Pal!e 9 E. Commission Seat V - David McLeod No Report F. Commission Seat I - Robert S. Miller Absent G. Commission Seat II - Michael S. Blake Commissioner Blake mentioned that he has heard that some Cities have had Revenue Agents targeting them with regards to collecting sales tax. Commissioner Blake asked about a letter he received regarding an issue of a non-resident attending Winter Springs High School. H. Mayor's Office - Paul P. Partyka Mayor Partyka asked the Commission to place Resolution No. 870 on the agenda and said this is regarding supporting more domestic flights for the Orlando Sanford Airport. Discussion on this subject. It was the consensus of the Commission to have this as an agenda item at the next meeting. The meeting adjourned at 12:00 a.m. Respectfully Submitted, Margo M. Pierce, CMC City Clerk APPROVED: PAUL P. PARTYKA, MAYOR