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HomeMy WebLinkAbout_1998 10 26 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION OCTOBER 26, 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 (6:35 p.m.) Attorney Robert Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present (6:38 p.m.) Mayor Partyka announced that Mr. John Drago will sit in for the City Manager until his arrival. Mayor Partyka said suggested that the Commission hold the Closed Executive Session after the Commission meeting, before the workshop. Attorney Guthrie said that it is advisable to put it off and said it may be announced that it may not be necessary tonight. Mr. Drago stated that the Commission received a memo that the applicant requested that the Item under the Public Hearing portion of the Agenda be withdrawn. Commissioner Martinez stated he had questions on Consent Agenda Items A & B. PUBLIC INPUT Jackie Lein, 1173 Winged Foot Circle East, spoke regarding a letter to the Editor from Commissioner Miller. Ellen Weiss, 1203 Winter Springs Blvd., spoke regarding the letter to the Editor from Commissioner Miller. Mel Glickman, 703 Aberdeen Ct., gave the Commission an update on the Commerce & Industry Development Board's activities and said the Board would like to work on the retention of business in the City. CONSENT AGENDA Community Development Department/Land Development Division A. Presents to the City Commission, the recommendation of the Planning and Zoning Board as it relates to the Preliminary EngineeringlFinal Development Plan for Golfside Villas. Community Development Department/land Development Division B. Requests that the Commission approve the recordation of the plat and the supplemental covenants for Winding Hollow Unit 5. Regular Meeting City CommissionOctober 26. 1998 97-98-47 Page 2 City Manager C. Requesting the City Commission endorse CALNO's recommendation for Sanford City Commissioner Whitey Eckstein's reappointment as a member of the Seminole County Expressway Authority: Commissioner Martinez said he has the verbatim minutes of the September 2, 1998 Planning and Zoning Board meeting and said there was some concerns of the P & Z Board regarding trees that were removed and not accounted for and said there was no mitigation for replacement of the trees planned. Commissioner Martinez said there was also mention of a pipe that was going to bring water to one of the depositories which is small and the P & Z recommended that it be bigger. Commissioner Martinez said this item is Item A on the Consent Agenda and asks for approval and said there was no mention ofthe concern or response to the questions raised by the P&Z Board. Donald LeBlanc, Land Development Coordinator, stated that the development team was present for the P & Z meeting and answered the questions to the Board's satisfaction and also stated that the landscape architect, the engineer for the developer and Mr. Sheldon Green is present for questions. Commissioner Martinez asked if the P & Z Board's questions were answered. Mr. LeBlanc stated that the P & Z Board recommended that this be approved at their October 12, 1998 meeting, without the approval of their minutes. Discussion. Charles Carrington, Community Development Director, mentioned that at the P&Z meeting, the Board members raised several questions about the relationship of the plan to an approved Master Plan for the P.U.D. and directed Staff to go back and compare the proposal to the previously approved P.U.D. Master Plan for the Highlands. Staff researched this and discovered that the formal approval of the Highlands P.U.D. simply does not exist in Public Records and stated that this information was given to the City Attorney and stated that the information was presented to the P&Z Board and the Board made the recommendation for approval, subject to a ruling from the Attorney on the status of the Highlands P.U.D. Mr. Carrington stated that the items of concern were addressed and stated that the drainage pipe is properly sized and adequate. Discussion. Attorney Guthrie stated that the staff research indicates that P.U.D. zoning was affixed to the property and done by Ord. No. 56, March 12, 1971, and said there is no evidence that this was formally approved and stated that this development is almost fully developed and there are only a few parcels left to be developed; one solution is to treat this as a component of the final development plan for this phase, which tonight's action would do, and said the other fix would be to go through a public hearing process that would affect existing parts of the P.U.D. and undeveloped parts and suggested that with this parcel and any other undeveloped parcels (if any) that the City look at creating those as mini-master development plans for the portions that are developed. Discussion. Regular Meeting City CommissionOctober 26.1998 97-98-47 Page 3 There was discussion about having the minutes of the P&Z Board to the Commission when the Commission is hearing an item from that Board. Commissioner Blake had questions on the size of the pipe and about having one fire hydrant. Mr. LeBlanc stated that the Fire Chief has approved that, as the dwelling units will be sprinkled. Discussion on the development standards. Attorney Guthrie said the development standards that are set forth in the covenants and restrictions (now), if the Commission approves those, then we can make them a text portion of the Master Development Plan that the Commission is approving. Sheldon Green, developer, stated that some of the questions the Commission are asking were answered at the October 7, 1998 meeting of the P&Z and stated that both his engineers are present and said they answered the P&Z Board's questions. Commissioner Gennell mentioned that she has repeatedly pointed out that it is difficult approving something without the benefit of the P&Z minutes. Discussion. Motion was made by Commissioner McLeod to approve the preliminary engineering contingent upon the City Manager and City Attorney bringing back to the Commission a resolution to Section 20-355(12). Seconded by Commissioner Gennell. Discussion. V ote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Discussion on Consent Agenda Item B. Commissioner Martinez asked about the flood plain. Commissioner McLeod spoke about his concern with having cut-through traffic into Oak Forest. Manager McLemore stated that the road would be "trail like" for walkers and roller skaters. Commissioner McLeod said he would like to see it meander. Commissioner McLeod also stated he would like to see the plans. Motion was made by Commissioner Blake to approve Consent Agenda Item B. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Discussion on Consent Agenda Item C. Motion was made by Commissioner Gennell to approve Consent Agenda Item C. Seconded by Commissioner McLeod. Discussion. V ote: Commissioner Martinez: Regular Meeting City CommissionOctober 26.1998 97-98-47 Page 4 aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. PUBLIC HEARINGS Community Development Department/Land Development Division A. Requests Commission approval for the Second Reading and adoption of Ordinance No. 706, vacating a portion of a greenbelt, drainage and utility easement located to the rear of Lot 35. Bear Creek Estates (761 Bear Creek Circle): Motion was made by Commissioner Martinez to take this item off the table. Seconded by Commissioner Blake. Discussion. V ote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. REGULAR AGENDA Community Development Department/Code Enforcement Division A. Requesting the Commission to consider the request of Mrs. Skully for a permit to be issued by the City Commission that would allow the parking of her over-sized recreational vehicle in a residential area in accordance with City Code Section 20-431: Charles Carrington, Community Development Director and Jimmette Cook, Code Enforcement Officer gave their presentation. Mrs. Skully was present for questions. Mr. Marshall Allen, 1065 Winter Springs Blvd., spoke in opposition of the request. Discussion on this item. Motion was made by Commissioner Miller to not approve the request of Mrs. Skully. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. City Clerk B. Requesting the City Commission make an appointment to the Code Enforcement Board: Motion was made by Commissioner Gennell to appoint Lurene Lyzen to the Code Enforcement Board to fill the vacant seat. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. REPORTS A. City Attorney - Frank Kruppenbacher Attorney Guthrie asked the Commission to hold an executive session on Monday, November 2, 1998 regarding two pending law suits: Florida Country Clubs, Inc., vs. Bricklemyer, Smolker, etal and The City of Winter Springs and Seminole County, City of Regular Meeting City CommissionOctober 26.1998 97-98-47 Page 5 Oviedo, McKinley's Mill Homeowners et al. vs. City of Winter Springs, DCA and Battle Ridge. Attorney Guthrie announced those who would be present at that meeting (Commissioners Miller, Blake, Martinez, Gennell and McLeod; Manager McLemore, Special Attorney Bruce Blackwell (present only for the discussion of law suite dealing with Florida Country Clubs, Inc., Attorney Guthrie and a court reporter. Motion was made by Commissioner Martinez that tll1e Commission will hold an Executive Session on Monday, November 2,1998 at 6:30 p.m. to discuss two pending lawsuits. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Miller: aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. B. City Manager - Ronald W. McLemore Manager McLemore mentioned that at the next Commission meeting there will be discussion relative to the ownership issue. C. Commission Seat I - Robert S. Miller Commissioner Miller asked about the status of the meeting regarding the Commerce & Industry Development Board. Manager McLemore stated that he will bring information back to the Commission at the next meeting. Commissioner Miller asked about the revised Park Plan. Commissioner miller asked about the City Engineer's September Monthly Report regarding Discount Auto. D. Commission Seat II - Michael S. Blake Commissioner Blake asked about the sign at Hayes Road. Manager McLemore said that Staff is looking into that to find the owner. E. Commission Seat III - Ed Martinez, Jr. Commissioner Martinez spoke about a meeting he attended at Keeth Elementary School with parents and teachers regarding rezoning. Commissioner Martinez also spoke about the event held at the V.F.W. on Saturday with the Fire Department and Police Department. F. Commission Seat IV - Cindy Gennell No Report. Commissioner Blake asked about concurrency in the Comprehensive Plan regarding schools. Discussion. G. Commission Seat V - David McLeod Commissioner McLeod asked about term length of the Tuscawilla Lighting and Beautification District Committee members. Commissioner McLeod also asked the Regular Meeting City CommissionOctober 26.1998 97-98-47 Page 6 Commission to think about and to consider looking at the Board members and the possibility ofre-appointing different members. Manager McLemore spoke about the current Board members and their dedication. H. Mayor's Office - Paul P. Partyka Mayor Partyka thanked the Fire Chief, Police Chief and the City Clerk for their efforts in helping with the funeral of former Mayor John V. Torcaso. Mayor Partyka asked Manager McLemore about the "P.R. Project" program for the City. Discussion by the Commission as to when to hold a workshop regarding the Flood Plain Ordinance. Discussion. It was the consensus of the Commission to hold the workshop on January 18, 1999. The Regular Meeting Adjourned at 9:55 p.m. ~;~ Margo M. Pierce, CMC City Clerk PAULP.PART