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HomeMy WebLinkAbout_1998 11 09 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION NOVEMBER 9, 1998 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present Mayor Partyka announced that Regular Agenda Item C would be moved to the Public Hearing portion of the Agenda. Commissioner Gennell stated she had questions regarding Consent Agenda Items B, C & D. Commissioner Martinez stated he had a correction to the minutes of September 28, 1998. Commissioner Miller stated he also had questions regarding Consent Agenda Items B, C &D. Commissioner Blake stated that he had questions regarding Consent Agenda Items A, E, F and H. Mayor Partyka presented lP. Petrencsik a plaque on his retirement. PUBLIC INPUT Lee Jensen, 134 Nandina Terrace, spoke regarding Regular Agenda Item E. Mr. Jensen mentioned seven items of concern that the residents had with the Kash n' Karry and Courtney Springs Apartments and those being: a building 39 feet from the property line; landscaping along the wall; a brick wall instead of stucco, lighting from the apartment complex overflowing into the adjacent subdivision; having the apartment complex be a gated community. Motion was made by Commissioner Blake to allow Mr. Jensen two more minutes as he is speaking for a Homeowners Group. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mr. Jensen continued, stating having the out parcel be for a professional office building and no retail signage on Vistawilla Road. Regular Meeting City CommissionNovember 9.1998 97-98-49 Page 2 Art Gallo, 199 Nandina Terrace, spoke regarding his concerns on the Kash n' Karry and Courtney Springs Apartments which were the infrastructure of the project and property values in the surrounding subdivision. Henry Goode, 120 Nandina Terrace, spoke about Regular Agenda Item E and stated that he is concerned with crime in the area from the project and spoke about the negative esthetics from the apartment complex and also property values. Stephen Lomeli, 124 Nandina Terrace, spoke about his concerns with Regular Agenda Item E regarding viewing the apartment complex from the neighboring subdivision, the noise from S.R. 434 and concern regarding the property values in the neighboring subdivision. CONSENT AGENDA Public Works Department/Stormwater Division A. Requesting authorization to enter into a Contract Agreement for Retention Pond Maintenance Services. Public Works Department B. Requesting authorization to enter into a Contract Agreement for landscape Maintenance Services for City Facilities. Public Works Department C. Requesting authorization to enter into a Contract Agreement for Landscape Maintenance Services for City Rights-of-Way and Ponds. Public Works Department D. Requesting authorization to enter into a Contract Agreement for Landscape Maintenance Services for S.R. 434 Medians & Rights-of-Way. Fire Department E. Requesting authorization to sign a Memorandum of Agreement to develop a Seminole County Local Mitigation Strategy. Fire Department F. Requesting authorization to lease purchase an Emergency Medical Care Vehicle. Community Development Department/Planning Division G. Requests the Commission formally adopt the Evaluation and Appraisal Report (EAR) by Resolution. Community Development Department/Land Development Division H. Requests that the Commission approve the recordation of the plat and the covenants for Wicklow Greens at Tuscawilla. Regular Meeting City CommissionNovember 9.1998 97-98-49 Page 3 Community Development Department I. Recommends the City Commission authorize the Mayor to execute the multi-party acquisition agreement between the Florida Office of Greenways and Trails and the City of Winter Springs. City Clerk's Office J. Approval of Minutes of Regular Meeting of September 14, 1998 K. Approval of Minutes of Special Meeting of September 21, 1998 L. Approval of Minutes of Regular Meeting of September 28.1998 Commissioner Gennell asked if the R-O-W maintenance included the R-O-W on Lori Ann Lane and on First Street. Kip Lockcuff, Public WorkslUtility Director, stated no. Commissioner Gennell asked that information regarding this be brought back to the Commission at the next meeting as to the cost of adding the mentioned R-O- W. Commissioner Miller asked about the 30-day notice to terminate the contract and if it should be a longer notice such as 60 days. Mr. Lockcuff stated that has not been an issue. Commissioner Blake asked about the pond maintenance regarding monitoring the ponds to see if the maintenance is being done and that the monitoring of the ponds should be more stringent to make sure the maintenance is being done. Commissioner Blake asked about Consent Agenda F, regarding the lease purchase of an Emergency Medical Care vehicle and the fire-year term for the payment. Discussion. It was the consensus ofthe Commission to stay with the five-year term for payment. Commissioner Blake questioned the lot coverage area for Wicklow Greens at Tuscawilla. Steve Samaha, developer, was present for questions. Discussion on the lot coverage. Mr. Samaha stated that the lot coverage area will be put into the declarations. Commissioner Martinez said with regards to the minutes of September 28, 1998 on page 3, last paragraph, the word "not" should be changed to "now". Motion was made by Commissioner Blake to approve the Consent Agenda with the stipulation that Item H will be amended and have the lot coverage added to the declarations and covenants and the word "not" changed to "now" in the minutes of September 28, 1998.. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. PUBLIC HEARINGS Community Development Department/Planning Division A. Requests the Commission hold a public Hearing to transmit three (3) Large Scale (text) Amendments (LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98) to the City's Comprehensive Plan to the Florida Department of Community Affairs for review: Mayor Partyka stated that this item has been moved from the Regular Agenda, Item C, to Public Hearing Item A. Regular Meeting City CommissionNovember 9. 1998 97-98-49 Page 4 Tom Grimms, Community Development Planning, gave his presentation. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. No one wished to speak on this item. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Gennell to transmit the three Large Scale Amendments No.'s LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98 to the Florida Department of Community Affairs. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. REGULAR AGENDA Community Development Department/Planning Division A. Requests the Commission hold a First Reading of proposed Ordinance 707 to establish the Town Center Zoning District boundary and adopt the Town Center District Code for the City's new Town Center: Mayor Partyka stated there has been a recommendation by the City Manager that this item be continued to the first meeting in December which is December 14, 1998. Mr. Grimms mentioned that this item will go back to the P&Z Board for their review, specifically the permitted uses. Motion was made by Commissioner Martinez to table this Item until the Commission meeting of December 14, 1998. Seconded by Commissioner McLeod. Discussion. V ote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Commissioner Blake stated that one of the property owners in the Town Center area that this would affect, would like to have a meeting with the individual Commissioners in order to discuss some of their wants and desires and to let the Commissioners know where they have some issues. Commissioner Blake said with the rules and some of the Court findings (currently) he said he is concerned that that might cause some problems and asked the Attorney how can the Commissioners meet (individually) with the landowners and still comply with all the rules. Attorney Guthrie said he would like to consider that before the Commissioners meet with them and advise the Commission individually and also advise Mr. Grindstaff. Attorney Guthrie said he will make a determination and make a recommendation and said if he suggests it is permissible for the Commissioners to meet with them, it probably will be coupled with the caveat that the Commissioners disclose what ever was discussed so that can be answered and refuted. Attorney Guthrie said he will have his recommendation by the next meeting. Regular Meeting City CommissionNovember 9. 1998 97-98-49 Page 5 Mickey Grindstaff, Attorney representing the Schrimsher Properties, spoke regarding this item. Michael Schrimsher, property owner, stated that he does not approve of the Town Center Zoning district at this time. Commissioner Gennell stated that there is a Court Reporter present and said she would like a copy of the transcript regarding this item. Discussion regarding Mr. Grindstaff and Mr. Schrimsher meeting with the Commission individually to discuss this matter. Community Development Department/Planning Division B. Recommends the Commission consider establishing a Business Retention Pilot Program for the City: Tom Grimms gave his presentation. Discussion on business retention program for the City. Motion was made by Commissioner McLeod to not approve the concept as it is before the Commission at this time. Seconded by Commissioner Blake. Discussion. Commissioner Blake called the question. Vote on calling the question: all aye. Motion passes. Vote on the Motion: Commissioner Miller: nay; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner Martinez: nay. Motion passes. Community Development Department/Planning Division C. Requests the Commission hold a Public Hearing to transmit three (3) large Scale (test) Amendments (LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98) to the City's Comprehensive Plan to the Florida Department of Community Affairs for review: THIS ITEM MOVED To PUBLIC HEARINGS ITEM A. Community Development Department/Code Enforcement Division D. Requests the City Commission consider amending the City Code to restrict recreational vehicles so that they are parked in an area not visible from the street in residential areas: Charles Carrington, Community Development Director and Jimmette Cook, Code Enforcement Officer, gave their presentation. Commissioner Blake stated that there is a definition problem with the Code. Commissioner Gennell stated her concern regarding the verbiage "not visible from the street". Commissioner Gennell also spoke about fence heights. Commissioner Gennell also spoke about restricting the parking to the side or rear yards. Discussion on this agenda item. Regular Meeting City CommissionNovember 9. 1998 97-98-49 Page 6 Motion was made by Commissioner Miller to approve this Agenda item and authorize the City Attorney to draft an appropriate Ordinance, giving the clarification provided with regard to parking along side of the house behind some kind of screen or fence so that it is not visible from the street in residential areas. Seconded by Commissioner Martinez. Discussion. Commissioner Blake said he would like to amend the motion to state the types of recreational vehicles and that they be screened to the maximum extent possible. Commissioner Gennell seconded the amended motion. Commissioner McLeod said he would also like to see that it is stated that the vehicle has a current registration tag. Vote: Commissioner Gennell: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Miller: nay; Commissioner McLeod: aye. Motion passes. Mayor Partyka called a recess at 8:55 p.m. Mayor Partyka reconvened the meeting at 9:13 p.m. Community Development Department/Land Development Division E. Presents to the Commission the Planning and Zoning Board recommendation as it relates to the Kash n' Karry and the Courtney Springs Apartments preliminary engineering/final development plan. At this time it is also requested that the Commission discuss items that will be in a proposed Development Agreement as it relates to these projects prior to formal presentation of the agreement on November 23. 1998: Manager McLemore gave an overview of this project and stated that this has been before the Commission as a preliminary concept. Manager McLemore said that this is a fairly good plan and offers a lot to everyone. Mike Jones, Attorney for the developer, reviewed with the Commission the changes that have been made from meetings held with the residents of the adjacent subdivision. The Commission was shown a video presentation on the Kash n' Karry store. Corina Bowdy, Landscape Architect, reviewed with the Commission the changes. Ray Malley, answered questions regarding the project. Lee Jensen, Nandina Terrace, spoke about the signage. Rande Thompson, 108 Marsh Creek Cove; Greg Worley, 103 Marsh Creek Cove; Patrick Schrader, 140 Nandina Terrace; Lori Campbell, 118 Nandina Terrace; Romulo Castellano, 113 Nandina Terrace; Marie Duxbury, 106 Nandina Terrace; Pat Viebey, 112 Nandina Terrace, all spoke regarding the development and their concerns. Discussion on this Agenda Item. The developer, engineer and landscape architect explained their position and answered questions. Regular Meeting City CommissionNovember 9. 1998 97-98-49 Page 7 Donald LeBlanc, Land Development Coordinator, reviewed with the Commission the changes the developer requested. Discussion. Motion was made by Commissioner Blake to table this item to the next Regular Commission Meeting (November 23, 1998) and direct Staff to get with the developer to negotiate the main issues and to have the Commission receive the Developers Agreement. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. REPORTS A. City Attorney - Frank Kruppenbacher: Attorney Guthrie gave to the Commission the revised settlement agreement and asked that the Commission study paragraphs 7 through 15 and recommended the Commission hold a Special Meeting to have a Closed Executive Session regarding the revised development agreement regarding Seminole County and the City of Oviedo and to discuss the changes made by the City of Oviedo. Discussion. Attorney Guthrie announced who would attend, those being the Mayor and Commissioners, City Manager, himself, and a court reporter; Attorney Guthrie also announced that this meeting should take approximately one hour. Motion was made by Commissioner Gennell to hold a Special Meeting on November 16, 1998 at 6:30 p.m. for a Closed Executive Session. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: not present for vote. Motion passes. B. City Manager - Ronald W. McLemore No Report. C. Commission Seat II - Michael S. Blake No Report D. Commission Seat III - Ed Martinez Commissioner Martinez mentioned the achievement of Winter Springs High School teacher Trent David and recommended the Mayor present Ms. David with a proclamation. Commissioner Martinez gave the City Manager an article written by a Winter Springs resident and asked that the City Manager write and thank this person for the article. Mayor Partyka stated that he has followed up on the article and thanked the resident. Commissioner Martinez stated that the E.C.F.R.P.C. has approved that Cities are non- voting members ofthe Council and recommended that the City leave the E.C.F.R.P.C. Regular Meeting City CommissionNovember 9. 1998 97-98-49 Page 8 E. Commission Seat IV - Cindy Gennell No Report F. Commission Seat V - David McLeod Commissioner McLeod announced that he would be out of town and will not be available to attend the Special Meeting on November 16, 1998. G. Commission Seat I - Robert S. Miller No Report H. Mayor's Office - Paul P. Partyka Mayor Partyka mentioned that the picture for the visual in the Chambers is not clear and asked that it be looked at. Mayor Partyka again mentioned that the Commission has numerous questions on the Consent Agenda and that the questions should be asked before the meeting and if not then do-away with the Consent Agenda. The meeting adjourned at 1 :00 a.m. Respectfully Submitted, ~~.~ Margo M. Pierce, CMC City Clerk y~ PAULPOPARTff