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HomeMy WebLinkAbout_1998 08 10 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION AUGUST 10, 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 Robert Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present Mayor Partyka stated there will be a special announcement from Nations Bank. Commissioner Gennell mentioned that the approval of the minutes is not on the Consent Agenda and that she had question on the minutes. The approval of the minutes of July 27, 1998 will be added. Mayor Partyka introduced Rodney Ragland from Nations Bank. Mr. Ragland announced that Nations Bank will not close the office on State Road 434. Mayor Partyka read Resolution No.'s 850, 851, 852, 857, 858, 859, 860 and 861. Mayor Partyka presented Robert Gray with Resolution No. 851, in appreciation of his service on the Code Enforcement Board. Mayor Partyka presented Gene Lein with Resolution No. 850 in appreciation of his service on the Planning and Zoning Board. PUBLIC INPUT Jackie Lein, 1173 Winged Foot Circle, E., spoke on the Tuscawilla Lighting and Beautification District. Sharon Smith, Winged Foot Circle, spoke on the Tuscawilla Lighting and Beautification District. Joseph Genova, Adidas Rd., spoke on the Tuscawilla Lighting and Beautification District. Fred Kaltenbach, 1138 Winged Foot Cr., spoke on the Tuscawilla Lighting and Beautification District. Wayne Nelson, Winged Foot Cr., spoke on the Tuscawilla Lighting and Beautification District. Regular Meeting City Commission August 10. 1998 97-98-39 Page 2 Ellen Signelia, 117 Blue Creek Dr., spoke on the Tuscawilla Lighting and Beautification District. Ellen Weiss, 1203 Winter Springs Blvd., spoke on the Tuscawilla Lighting and Beautification District. Commissioner McLeod stated that he would like to see information getting to the people independently from the City rather than the Tuscawilla Newsletter. CONSENT AGENDA Commissioner Gennell with regards to the minutes of July 27 1998, on page 3, she would like to have the minutes amended to reflect the discussion on choosing the Board members for the Tuscawilla Lighting and Beautification Advisory District Committee. Public Works Department A. Requesting authorization to expend funds to convert existing overhead electric crossings to underground on State Road 434: Motion was made by Commissioner McLeod to approve the Consent Agenda with the amendment to the minutes of July 27, 1998. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. INFORMATIONAL AGENDA PUBLIC HEARINGS REGULAR AGENDA Community Development Department/land Development Division A. Requesting the Commission to review the conceptual plan for Courtney Springs Apartments and Kash n' Karry supermarket and to provide direction relative to issues that will be highlighted in the discussion: Manager McLemore stated that this is a conceptual plan and stated that there is not a lot of engineering detail and said the petitioner has issues that he desires to review with the Commission. Mike Jones, representative for the developer gave his presentation. Mr. Jones stated that he has worked with D.O.T. and the City Manager with regards to the retention pond to see what we could do about buying the retention area so that we could make it into a park. Mr. Jones said because of the time schedule and the construction schedule on S.R. 434, and the "red tape", Mr. Jones said they were unable to put together anything with D.O.T. that would allow them to take it over or to beautify the pond. Mr. Jones said in their initial plans, had intended for their surface water management to drain into that pond and in return for D.O.T. taking their surface water, they were going to do all the beautification on the pond. Mr. Jones said he has worked through several plans with the City Manager and Staff, and said he has been meeting regularly with representatives from Regular Meeting City Commission August 10. 1998 97-98-39 Page 3 the homeowners in the immediate area. Mr. Jones said they have changed their plans four times, and stated that the plans that the Commission has now, is a product of three- four different meetings with the residents in the area. Mr. Jones said they have realigned roads, moved the playground, moved landscaping; Mr. Jones stated that they initially started with 276 units and now have 252 units; and said they have agreed with the residents that if this plan is approved and they get their development order, that the parcel to the rear (behind the supermarket) will be limited to professional office development. Mr. Jones reviewed with the Commission the changes made after the numerous meetings with Staff and the residents. Mr. Jones said with regards to the pond, the City has the option of ownership, therefore, the City could landscape it and beautify it. Discussion. If D.G.T. owns the pond the pond will be regulation D.G.T. retention ponds. Mr. Jones stated that the developer would give the City the insurance coverage for the pond. Mr. Jones stated that they are going to ask for two variances, one being along the back - to have heavy landscaping outside of what is the code requirement; the other is leaving some of the existing trees along the back, which could be done by reconfiguring the pond. Discussion. Mr. Jones said the other matter is they can meet from the easterly point of the apartment complex to the westerly side of the complex, the City's landscaping code; Mr. Jones said they propose a wrought iron style fence, running the entire length of the apartment complex, over to and past the retention pond. Mr. Jones said they would like to deal with the City on the existing lake with some type of park (a lineal park); Mr. Jones said they are asking for a waiver from the Vision Ordinance to allow they to make one complete decorative fencing to the end of the pond. In addition they not only propose to do the landscaping around the pond, and to put in a fountain, but they will be responsible for requiring the permission from D.O.T., unless the Commission decides it wants to take ownership of the pond, in that case the developer will deal with the City. In any case, D.a.T. will have the final say in what can be done; Mr. Jones stated that D.O.T. has stated (tentatively) that they don't care what is done in the way of landscaping, they are only concerned about the liability. Mr. Jones stated that they will work with the Tuscawilla Homeowners Association, in the location of the sign; we have agreed to give them a sign location in and around the retention pond on the east side of the road and will work with them on the back area for signage if they need signage on the west side of the road. Mr. Jones said because the entranceway has been changed (for the residents), they have moved theirI.D. sign up. Regular Meeting City Commission August 10. 1998 97-98-39 Page 4 Mr. Jones stated that they are asking for a sign variance for the Kash n' Karry. Mr. Jones said one question that was raised by City Staff is whether or not apartments are allowed on this piece of property. Mr. Jones said when the developers agreement was entered into in the early 90's, it was also a result of a supermarket that was proposed near the 7-11 is now; the City and attorneys negotiated a settlement and in that settlement agreement, it was agreed that the land use designation set forth are inclusive of less intensive uses under the City Code for development of the remaining properties, subject to the regulations of applicable government agencies. Mr. Jones said what was agreed to when this property was divided (it was divided into 4 parcels in the settlement agreement), and said this is parcell (which is parcel 15 - the entire site), there was also parcel 2, which is now the subdivision that lays to the south. There was parcel 80 which was a multi-family property and parcel 14-C which is single family property. Under the agreement for parcel 15, there was allowed 416 single family units and 504 multi-family units and 67 acres of commercial property. Mr. Jones said in reality the 416 units turned out to be 351 units; the 514 multi-family units have turned to be 254 units; of the 67 acres of commercial property, there will be only 40 acres of commercial property. Mr. Jones stated that surfice to say, if the City Attorney is correct, the Commission can agree that apartment complexes can be used on this site and that is primarily what we are asking the Commission to do tonight, if the Commission is not going to allow apartment complexes on this site then this goes away. Mr. Jones said they are asking the Commission to allow the developer to use this property for apartment complexes and to allow them the waivers to the Vision Ordinance on S.R. 434 in front of the apartment complex and the D.O.T. retention pond. Allow them a waiver to the landscaping on the south side behind the retention pond to keep the natural trees in place and the signage waivers. Mr. Jones stated that Lee Jensen, a representative from the homeowners association; Rob Yeager, owner of the property, are present. Attorney Guthrie stated that he has concluded, after looking at the development order, that the Commission does have some discretion but said he thought it was as a conditional use, as allowed in Chapter 20, which means it needs to be applied for and brought to the Commission as part of the over all development process. Attorney Guthrie said he doesn't think that this can be decided now as part of the conceptual process. Mr. Jones said it needs to be decided as if the Commission doesn't allow the apartments then there will be no other processes. Mr. Jones reviewed the apartment complex with the Commission. Manager McLemore asked Mr. Jones about the pond and asked if the City takes the pond, what could the developer do vs. what the City can do. Regular Meeting City Commission August 10. 1998 97-98-39 Page 5 Mr. Jones said they can only do what D.O.T. allows them to do and said they will submit the plan (that is before the Commission) to D.G.T. to see if they will allow them to use that plan for the landscaping in front of their pond. That is all they can do, the dealings would be with D.O.T. and said the City would not have anything to say about it, it is possible that D.O.T. may say that they don't want the landscaping. Mr. Jones said he will commit to the City, that in the developers agreement, if they cannot do the D.O.T. pond the way we are showing here tonight, they will then do the landscaping in front of the apartment complex to City Code. Manager McLemore said the point is that if the City takes the pond, then we can determine the landscaping on our own; if D.G.T. has the pond then we have to go with what they decide. Discussion. Commissioner McLeod requested that the City Manager bring to the Commission, the actual conceptual drawings for this property on how this was to be laid out. Discussion on the original agreement for this property. Commissioner McLeod had questions on the pond. Commissioner McLeod asked that the City Manager look into the slope of the D.G.T. pond. Commissioner Martinez asked Mr. Jensen what were the homeowners concerns with regards to the pond. Mr. Jensen stated that at the beginning their concern was the way the apartment buildings were originally laid out, and that was that they were very close to the property line and there was not much of a buffer between the homes and the apartments; Mr. Jensen stated that the developer accommodated by moving the buildings and putting in a retention pond. Commissioner Blake asked about taxes and security for the apartments. Commissioner Blake had question regarding the road to Kash n' Karry. Commissioner McLeod had questions on the trash compactor and on the road from the apartments and the Kash n' Karry. Commissioner McLeod said Mr. Jones is asking for three things one being parking, the other being signage and the third is apartment complexes. Commissioner McLeod asked about the retention pond In the south portion of the property and the trees there. Discussion. Commissioner Gennell had questions on the retention pond and the ownership of that pond. Discussion on the retention pond. Regular Meeting City Commission August 10. 1998 97-98-39 Page 6 Motion was made by Commissioner Miller that the Commission conceptually concur with a proposal for this property to be used for apartment dwellings and that this comes back in one month so the Commission can revisit the questions that have been raised here this evening. Mayor Partyka clarified the motion and that is: approve the conceptual plan with all the recommended changes and questions and then follow the normal procedure. Discussion. Commissioner Miller withdrew his motion. Motion was made by Commissioner Martinez that the Commission considers this project favorably at this time and that the Commission forward it to the proper agency and attorney for final resolution, including all the points that have been discussed today. Motion fails for lack of a second. Discussion on this item. Commissioner McLeod asked that the Attorney give the Commission a letter stating where it is in the Code that this can be done. Attorney Guthrie said the letter will be an interpretation of Ordinance 489 and the Development Agreement. Commissioner McLeod said he would like to see this project moved forward with the connection of the two parcels. It was the consensus of the Commission to move this project forward. Mayor Partyka called a recess at 9:50 p.m. Mayor Partyka reconvened the meeting at 9:58 p.m. City Manager B. Requesting the Commission review the annexation issues between the City of Winter Springs, City of Oviedo, and Seminole County and to provide appropriate direction: Manager McLemore gave to the Commission copies of a response relative to the Commission's question about what is in the record relative to the Commission voting on or taking position on the lP.A. that we had submitted to the County in 1995. Manager McLemore said the response states that basically we are unable to find any record that the County had taken any action and then said he followed up the research with a letter to the County Manager stating just that, and said if they (County) can find anything contrary to what we have been able to find, then to please notify him (McLemore) right away. Regular Meeting City Commission August 10. 1998 97-98-39 Page 7 Manager McLemore said if the County Manager does not react to the letter in two or three days, then he will send another letter saying that based on the fact that the Commission has never taken any formal action to disapprove the J.P.A., and that the Commission had prior to this, asked the County Commission to, then this Commission request to approve the J.P.A. that was developed in 1995 is still before them as a request that this Commission approved. Manager McLemore said that tomorrow (8-11-98) the County Commission has on their agenda a discussion of whether to intervene or not intervene in the objection or appeal process to D.C.A. 's finding of compliance relative to Battle Ridge. Manager McLemore gave the Commission a copy of a letter that he said he intends to forward tomorrow, as long as the Commission approves it. Manager McLemore said he, Attorney Guthrie and Mr. Lindhart plan to go to the County meeting and said that an elected official should also be there. Mayor Partyka stated that he will be there. Manager McLemore said it is his opinion that we should ask that this letter be read into the record. Manager McLemore said the letter basically says that we have gone through an exhausted process, that the County's comments to us, which we have followed up on were very important and very helpful in us getting into compliance with D.C.A., and setting out that all the things that we have done, at everyone's request to bring that project in to a consensus with all the local interest groups and the only thing that we did not do, relative to any request of any group was to delay. We have responded to everything else that was asked of us, we have responded to and said he is pointing that out in written form to the County and said he suggests that is where we should be where we are tomorrow, because whatever we say tomorrow needs to be what this Commission wants us to say. Manager McLemore said if the sense of the letter is satisfactory to the Commission, then that is what will be presented tomorrow to the County Commission. Discussion. Manager McLemore also gave the Commission a copy of a letter that was sent to the City of Oviedo and reviewed the letter with the Commission. Manager McLemore said the letter basically states that the Oviedo Council will meet on August 17, 1998, and consider the letter that asks what is their policy relative to this and requesting that Oviedo requests that the County to delay this project and give us an opportunity to try a good faith negotiations relative to this boundary dispute rather than drawing the County into it at this point. Manager McLemore gave the Commission a copy of a draft letter in response to the article (which was made known to him late Friday) in the Seminole Herald that stated a couple of things that he thought needed to be addressed (for the record) and said if the Commission does not want to do this, then he will not do it. Discussion. Regular Meeting City Commission August 10. 1998 97-98-39 Page 8 Mayor Partyka stated that he is meeting tomorrow morning with Commissioner Dallari and said he will report back to the Commission regarding his meeting with Mr. Dallari. REPORTS A. City Attorney - Frank Kruppenbacher No Report. B. City Manager - Ronald W. McLemore Manager McLemore gave the Commission the back-up materials that the Commission requested regarding the interlocal agreement relative to realignment of the trail through the Town Center and the City's proposal to the County. Manager McLemore gave the Commission a copy of a letter he sent (August 6, 1998) in response to County Manager Gary Kaiser's letter of July 31, 1998, dealing with the bulk water agreement with the Winn Dixie property. Discussion. Manager McLemore reported to the Commission on the Tuscawilla Lighting and Beautification District Committee Advisory Meeting that was held last Tuesday night. Manager McLemore stated to the Commission that he will be taking a vacation the week of August 1 ih. Manager McLemore also stated that Mr. Drago will be on vacation the same week and asked the Commission if this would be a problem. The Commission did not have a problem with the City Manager and Mr. Drago being gone the same week. C. Commission Seat I - Robert S. Miller Commissioner Miller asked how many new police officers are on board now. Captain Mike Nolan stated that they have eight on the COPS Grant and stated they also have three to replace. Commissioner Miller asked about the new police vehicles. Commissioner Miller also spoke to residents and stated that they said the major problem is speeding on residential streets. D. Commission Seat II - Michael S. Blake Commissioner Blake read a letter he received from Tom Waters from the Seminole County Transfer Station, commending the Fire Department. E. Commission Seat III - Ed Martinez, Jr. Commissioner Martinez informed the Commission that the East Central Florida Regional Planning Council has formed a Blue Ribbon Committee, and this Committee is in the process of restructuring the Council. They say they are going to reduce the number of members in the Planning Council and they intend to eliminate a lot of Cities and Winter Springs may be one. They are going to have Counties and said that maybe the Counties may select a City in that County to participate. Regular Meeting City Commission August 10. 1998 97-98-39 Page 9 Commissioner Martinez also said that during a recent discussion with members of the Commerce & Industry Board, they have claimed that reason why the City does not attract any developers of significance is because the impact fees are so high. Commissioner Martinez said if that is the case, we should conduct a study to see if somehow we could fix the situation so we can possibly attract people that we want in the City. Discussion. Motion was made by Commissioner Martinez to extend the meeting past 11 :00 p.m. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: nay; Commissioner Blake: aye. Motion passes. Commissioner Martinez said asked about the letter from the City Engineer to the City Manager regarding the Engineer's comments on Winding Hollow and FEMA. Commissioner Martinez stated that in January he gave the Commission a memo regarding Chapter 8 and 9 of the City Code - Flood Plain zones, Wetlands and land use; and said that at that time he asked that when a development is presented to the City that the City Manager would keep the Commission abreast of the development presented and every step thereafter, to prevent the same thing that happened tonight with the Kash n' Karry and the apartment complex. Manger McLemore said since the request from Commissioner Martinez the Commission has been copied on every meeting that the Development Review has, and said every letter that is relative to .any development the Commission receives a copy of it. Manager McLemore said the problem with the discussion from tonight was that Mr. Jones was suppose to have submitted the plans in time to get them to the Commission on Wednesday and said that Mr. Jones did not submit the plans and stated that he told Mr. Jones that the Commission could decide not to hear the item as the item was not complete. Discussion. F. Commission Seat IV - Cindy Gennell Commissioner Gennell stated that the Commission needs to appoint a voting delegate for the Florida League of Cities Conference and said she would be happy to do it as she is on the Resolutions Committee and also Chairman of the Legislative Policy Committee for Government Relations. Discussion. Mayor Partyka said historically the Mayor has always done the voting for the City and that he is attending the Conference and will vote on behalf of the City. Commissioner Gennell asked that the Commission look at the name badges when attending the Conference as there are more modern badges and said that the Commission might consider updating their badges. G. Commission Seat V - David McLeod No Report. Regular Meeting City Commission August 10.1998 97-98-39 Page 10 Manager McLemore mentioned that the new phone system will be turned on tomorrow. Attorney Guthrie stated that if the Commissioners are concerned about the voting at the Conference, they should formally recognize the Mayor and asked the Mayor to vote. The meeting adjourned at 11 :20 p.m. Respectfully ;~~ .k ~OPkins, City Clerk APPROVED: