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HomeMy WebLinkAbout1992 04 13 City Commission Regular Minutes t. 91-92-13 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS APRIL 13, 1992 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Kulbes at 7:30 p.m. Roll Call: Mayor Philip A. Kulbes, present Deputy Mayor John Langellotti, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: John V. Torcaso, present Don Jonas, present Terri Donnelly, present Cindy Kaehler, present For the invocation Commissioner Kaehler asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner John Langellotti. Approval of minutes of March 23, 1992: Commissioner Kaehler spoke about the correction on page 2, third paragraph. Attorney Kruppenbacher asked for a verbatim copy of the "Borrow Pit" issue. The approval of the minutes was tabled until the next meeting. Public Comment: Moti Khemlani, Tuscawilla Homeowners Association, asked about the proposal he presented to the City for a taxing district. Mayor Kulbes called a Workshop Meeting for May 4, 1992, 7:00 p.m. . John Ferring, Oak Forest Homeowners Association Board of Directors and liaison to the City, asked the attorney whether or not a special taxing district can pick and choose and carve out any section of the PUD or whether or not it has to be the PUD in its entirety. General Agenda Public Hearing for Ord. No. 513, amending, rev1s1ng and replacing in its entirety the Comprehensive Plan of the city of Winter Springs, Florida, etc.: Motion was made by Commissioner Kaehler to read Ord. No. 513 by title only on first reading. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Attorney Kruppenbacher read Ord. No. 513 by title only on first reading. . Fred Goodrow, Henigar & Ray: Mr. Goodrow gave a little description of what is in the Winter Springs Comprehensive Plan. He said one of the things in addition to the 8 elements that were read is that there are also level of service standards provided in the various public facilities elements which include solid waste, sanitary sewer drainage, potable water, natural ground water recharge. The level of service standard provide for minimum criteria that must be applied in the approval of future developments. There is also a land use plan map which designates districts for the development of community. There is also a concurrency management system which provides for a management system in the course of development approval process that allows for the review to assure the development will not proceed without all infrastructure in place at the time the development occurs. . Regular Meeting, City Commission, April 13, 1992 Page 2 91-92-13 Mr. Goodrow said what you have in front of you are two documents, one looks like this and the other is the draft goals and policies that look like this. The second document is what you have been looking at at the Work Session. The comments that we have brought forward in this document which is the Goals, Objectives and Policies ORC Response have been merged with our previous Goals, Objectives and Policies Document. He said there have not been any changes to any of the verbiage and the policy statements that were in the plan that were either not a comment objection or objection by DCA or were not necessarily changed because of certain things that just came out in the process, such as we found there was some data and analysis changes that required us to go back and make some changes to policy statements that were in here that were not objected to by DCA or policy changes that we made because of objections by DCA that created an inconsistency in a policy that was not objected to by DCA. Both of those things occurred, they were fairly minor things. One was we dropped the town center concept. That town center was replete throughout this document; it had to be taken out. Mr. Goodrow said he did not think those were major concerns. There are some concerns that did concern him in the Sanitary Sewer Element and the Recreation Element where he had to make changes to policies that were not commented or objected to by DCA. He said that leaves you open to a relook by DCA at those specific policies or objectives and he said that may happen but he feels rather secure that what they have done now should not lead to any more objections on the part of those particular policies. . Mr. Goodrow said he would like to go over some of the changes that were directed from the last meeting and some changes that may have occurred in his discussion with the City Attorney on some of these issues. Page 7, added the term, abutting municipalities. Page 11, changed the designations for density; previously it had either referred to net density or did not have a reference. It now refers all to gross density. Page 13, under Policy B(l), Item 1, residential density shall not exceed 1 dwelling unit for gross acre. This is the establishment of the conservation land district which now appears on the map as a district. Previous to that this had not appeared on the map. We are assigning it a density of one dwelling unit per gross acre. Mr. Goodrow said he did not think that is going to be strict enough. If you want to proceed with that we can do so, but if they can find a reason to tell us its not appropriately protecting something they may do that. . Page 14, we have established in talking with the County Attorney Item 3 residential uses may be transferred to the upland portion of a parcel designated as residential at the rate of 25% of the permitted density on the Conservation District area up to a maximum density of ten dwelling units per acre on the upland portion of the property. What this says is that using as an example one unit per acre for the Conservation District, if you had ten acres of land you would be allowed ten units. You can transfer 25% of those ten units. You could transfer 2~ units off the upland area. You could not exceed once you got to the upland area the ten dwelling units per acre on the upland area. In other words if you had eight units per acre, already allowed you on the upland acre and you were going to transfer that 2~ units per acre up you couldn't take advantage of the half. For that matter if you had nine units you couldn't take advantage of l~ units per acre. Mr. Goodrow said it would seem to him we ought to allow them to transfer the whole 100% out of the conservation area if they got the actual development out of the conservation area. . Regular Meeting, City Commission, April 13, 1992 Page 3 91-92-13 Attorney Bricklemyer said we have to decide what development will be allowed in the conservation area, one unit per acre, one per five acres; what is the standard we are going to allow in the conservation areas. Greg Kern said it was noted that the majority of the conservation areas that are in un- developed areas are the Cascell's property, Schrimsher property and the Leffler property. That is the major areas we are concerned with. There are single owners in there so we do not have the breakup of parcels. Motion was made by Commissioner Kaehler that the maximum is one unit per five acres in a conservation area, 100% can be transferred to an upland portion up to ten units per acre. Seconded by Commissioner Jonas. Discussion. Attorney Bricklemyer asked if the intent is that you will allow 10 units to the acre to be transferred or that the upland portion can be developed only to a maximum of ten units per acre. Commissioner Kaehler said up to a maximum of ten units per acre. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. . Attorney Bricklemyer said they have included a requirement that it be by site plan approval. Don LeBlanc answered we do not have a process for a site plan for one home. Attorney Bricklemyer said you may need to have a process in order to comply with this requirement of the Comprehensive Plan, and he said is there a process in the City that requires someone who wants to get a new zoning district to come to you and get a specific site plan approved. Mr. LeBlanc said site plans are reviewed by staff and subdivisions come to the Commission. Commissioner Kaehler suggested that anything in a conservation area should come before Commission and that can be written in the LDRs . Mr. Goodrow said on page 15, Policy A-3 there was some confusion about where we are measuring setbacks in wetlands area and from water bodies. He said what this section does is designate that from a minimum upland lake or water body there will be a 50 ft. setback from a water body. If its from a wetland we measure a 25 ft. setback from the wetland whichever is greater if you have both. If you have a wetland adjacent to a water body you measure 50 ft. back from the wetland and if you still do not get your 25 ft. away from the jurisdictional land you have to meet the jurisdicitonal land standard. It is possible that the 50 ft. can exceed the 25 ft. of jurisdictional land setback. On page 16 he said we are suggesting a sentence needs to be added. This was in discussion with the City Attorney. Wetlands shall mean those areas established as jurisdictional by the above agencies. That will be added to the end of Section f. The last shadowed area 5 is essentially the same as on page 78 in the conservation element. He said they are going to make them read exactly the same and it is going to be page 78 in the conservation element. He said what this does not do, it does not provide for compensating balance of storage of water when you fill and we need to do that. It does not establish an 18 ft. provision for the structure to be above the flood plain and it also does not establish 25% clearing of vegetation allowing only 25% clearing of vegeta- tion. Those will be provided in this area. . Moving to There was following by then. the housing element, Objection No. 22 which is referring to objective d. some concern about the wording "by Dec. 19, 1992 the City shall provide the housing program. It now reads "initiate" so it will just have to be started This is on page 31. . . . Regular Meeting, City Commission, April 13, 1992 Page 4 91-92-13 On page 28 objection no. 27, under Policy F-l of the housing element, the Board had instructed Henigar & Ray to change item no. 5 to read "provide adequate sites for mobile homes." Mr. Goodrow said he believes we need to provide and it is a require- ment of the statute and rule that mobile homes need to be provided in residential areas and cannot be only exclusively in mobile home residential areas. Mr. Goodrow suggested it be worded as he has it worded in here now. When the LDRs are written you will be able to choose those particular districts that are not exclusively mobile homes that you will allow mobile homes in and you will be allowed to adopt specific standards on how they look. Attorney Bricklemyer said let us focus on what the issue is. The issue is we have a series of land use categories in the Comprehensive Plan and those land use categories permit a variety of zoning districts some of which may be mobile home districts, but this issue is within those land use categories in the Comprehensive Plan, do you allow mobile homes. and you do. On page 46, the Sanitary Sewer Element, under objection 13 which refers to Policy A-I of the Sanitary Sewer Element Mr. Goodrow explained the new language is on page 47. On page 56 under the drainage sub-element Objection No. 15 which in the plan goal two, Policy B-3, that will all now be changed to conform to the discussion held earlier regarding the conservation area. On page 60, Objection No. 12, and the Potable Water Sub-element Objection No. D, the new proposed wording "by 1993 the City shall enact a water conservation program which will result in a reduction of average consumption from 143 to 115 gallons per day per capita by 1997. This is an attainable goal and will be done in phases which are shown on page 62 at the bottom of the page. On page 72, Objection No. 14, under Policy C-2 of the Conservation Element, Mr. Goodrow explained we had some standards acquiring the preservation of land to be developed in upland communities used to 50% of the identified vegetation upland communities; it now says 25%, and that was the change. On page 77 Objection No. l7C, addressing Policy C-5 of the Conservation Element; Item D, reads "No more than 25% of the shoreline of any development parcel, etc. On page 78, Policy C-6, we are providing for the compensating storage when structures are placed on fill. Commissioner Donnelly asked about no restrictions to how close to a wetlands that a sewer line can be. and Mr. Goodrow said that will be changed to say "no new septic tanks or any wastewater treatment facility or transmission lines. On page 87, Recreation Open Space Element, Objection NO.9, which will be under Policy El, Mr. Goodrow explained that the requirement that fees be paid in lieu of has been removed because it specifically says "the City shall require developers to provide recreational facilities to be included with private developments if existing public recreation facilities are not adequate to maintain the adopted level of service standard". . . . Regular Meeting, City Commission, April 13, 1992 Page 5 91-92-13 Mr. Goodrow said in your land development regulations if you want to go beyond that standard then require that every development has to have a certain amount of land or park land regardless of the standard that is provided in here as a level of service standard, and you can ask for fees in lieu of that just like you are doing now. Mr. Goodrow suggested the wording "the City shall require developers to provide recreation- al facilities to be included with private developments or fees in lieu of; if existing public recreational facilities are not adequate to maintain the adopted level of service standards the developer shall provide the facility. On page 93 Intergovernmental Coordination Element Policy F-l, Objection No.9, Mr. Goodrow said the Board had asked it be changed from October 1992 to "the City shall initiate these procedures by 1993". By December 31, 1992 you have to have these procedures initiated. On Page 101 Capital Improvements element, Mr. Goodrow explained that the level of service standards to be adopted for park facilities in Recreation Open Space and they need to be also reflected in the Recreation Open Space Element. Mayor Kulbes recessed the Commission Meeting at 9:10 p.m. and called the meeting back to order at 9:24 p. m. Mr. Goodrow passed out changes made to the concurrency management system. He also said the level of service standards are the standards that are found on Page 101 of the ORC Response for the Recreation and Open Space Element. Mayor Kulbes recessed the Commission Meeting and opened the public hearing. Glenn Marvin, Winter Springs Boulevard, spoke about the preservation of land that is referred to on page 72. He said he believes it was changed from 50% of the native land to 25% and he said he does not understand the intent of it and does not under- stand how it can be implemented at what stage. Attorney Bricklemyer explained that 9J5 establishes a series of things that have to be in every local government's comprehensive plan. One of the requirements is that the conservation element shall contain one or more policies for each objective which addresses implementation activities for the protection of native vegetative communities from destruction by development activities, and that is what those policies are intended to accomplish, to protect native vegetative communities. Mr. Goodrow explained the policy as it is presently written if you add upland lands start from the premise you are going to design into your development 25% of that upland land or mitigate, so that you have 25% in a mitigated capacity. It is not a taking, it is a requirement for a design in consideration of the development site. Attorney Kruppenbacher explained he is not reading that 25% of the acreage has to be set aside. What it is saying is 25% of the native vegetation has to be replaced or maintained on that property. It is requiring the people that develop the property to design it in such a way that 25% of the native vegetation is incorporated in the design. It assures a quality development. Robert King, Black Hammock, said on page 4 and page 88 of the actual plan, there is reference for intergovernmental cooperation you are going to cooperate with Seminole County Expressway Authority. He suggested not the Expressway Authoritybut he Regular Meeting, City Commission, April 13, 1992 4It suggested working with the County Planning Office. Carol Coulon Woods, Vistawilla Drive, asked about the public participation provided. She also asked if the East Central Florida Regional Planning Council had been contacted to do our consultant work and she asked if there was any data analysis provided in terms of how much traffic the high density commercial strip is going to cause on Vistawilla. Page 6 91-92-13 Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Kaehler to adopt the Plan on first reading as amended and direction to move to the second reading. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissionter Torcaso, aye; Commissioner Jonas, aye; motion carried. Davenport Glen-City acceptance of improvements: Don LeBlanc, Land Development Coordinator, said the project has already been platted; this is for the City to accept the Improvements. The City Attorney has verbally approved the Maintenance Bond. Attorney Kruppenbacher explained this is different than the other type form bonds we have seen. Motion was made by Commissioner Torcaso to approve Davenport Glen with the other type of bond. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly,aye, Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. 4It Planning & Zoning Board Recommendation of 3/18/92: Final Development Plan/Preliminary Engineering for Chestnut Ridge (intersection of Northern Way and Greenbriar Lane): Mr. Garrett who is the engineer and Mr. Godwin, the Developer, were present. There were three issues when this project was originally approved in 1990 which were: the retention pond, the entrance on Northern Way and the wall between Fairway Oaks and the project. Mr. Godwin said they have decided to move the retention pond off the golf course and onto the property. They also decided to do away with the entrance on Northern Way. Mr. Godwin requested they not be required to build the wall. As an alternative to do the wall is that they would either pay for half the wall, a wall which they do not want, and the second alternative they would build a masonry wall bordering on Oxbow Lane. Richard Rudy, Royal Oaks Drive, president of the Fairway Oaks Homeowners Association, passed out letters that were written to the Board in 1990. He said the contested issues were the retention pond and the wall and he noted that the rest of Fairway Oaks is enclosed by a brick wall that includes the rear of their property. He said continuation of this wall with the adjoining development will go along and keep that in concert with the rest of the neighborhood. Motion was made by Commissioner Torcaso that we go along with the recommendations of the Planning & Zoning Board and the wall will be continued. Seconded by Commissioner Kaehler. Discussion. 4It . . . Regular Meeting, City Commission, April 13, 1992 Page 7 91-92-13 Motion was amended by Commissioner Kaehler to amend the motion to also include that all of the Staff comments be satisfied. Seconded by Commissioner Torcaso. Discussion. Vote on the amendment to the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commisisoner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Vote on the original motion as amended: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. First reading of Ord. No. 519, vacation of First Street and 30' Un-named R-O-W (Seminole Pines, across from City Hall): Manager Rozansky asked this be removed from the agenda and he explained the City was not going to vacate any right of way until we find out what DOT will need to extend the curve. City Manager Richard Rozansky: First reading of Budget Revision Ord. No. 520: Motion was made by Commissioner Kaehler to read Ord. No. 520 by title only. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Attorney Kruppenbacher read Ord. No. 520 by title only on first reading. Manager Rozansky explained on page 24 are some adjustments that have been made throughout the first six months of the year. He said he would ask for a Workshop before the second reading. He said we will make a couple more changes, as more money will be added to Legal and Consultants. On page 24, $242,000 was added to Contingency, which is an estimate, and we will be going into the last half of the year ahead. Report on Fire Trucks: Manager Rozansky said he was not asking the Commission to accept any kind of financing this evening, but he would like their nod of approval to award the contract for the two engines because it will probably take the next year to get them and they will be in the following year's budget. The Commission has been given six different proposals of financing for their review. Manager Rozansky suggested possibly to save some interest we could buy one engine and finance the other. He said he would like to accept the bid on the fire engines from Dowling Fire Equipment Inc. in Silver Springs, two units for $358,000. The Fire Chief and Staff have reviewed the bid and they recommend it. Motion was made by Commissioner Kaehler to confirm the award of the bid. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye, motion carried. . . . Regular Meeting, Ctiy Commisison, April 13, 1992 Page 8 91-92-13 Resolution No. 679, providing for user fees and charges, etc.: Attorney Kruppenbacher read Resolution No. 679 by title only. Motion was made by Commissioner Kaehler to adopt Resolution No. 679. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Manager Rozansky said Mr. J. P. Petrencsik is going to be the Purchasing Agent. He does all the buying and inventorying for the Police Department; he will be on probation for one year. Manager Rozansky said evaluation forms will be placed in the Commissioners' boxes. Attorney Kruppenbacher reported at 9:30 a.m. on May 5, 1992, mediation will convene for the Mikes lawsuit against the City. He said they are still working on the location and he asked everyone to check their calendars and let him know as soon as possible if there is a problem. Judge Edwards is to be the mediator. Attorney Kruppenbacher spoke about the issue of the drums which contained hazardous wastes. Motion was made by Commissioner Torcaso to authorize the City Attorney to take the legal steps up to and including litigation against anybody that we identify as being in what we legally believe based upon our research, to be accountable, based upon the explanations that have been given,accountable to this City for the cost and/or damages expended as a result of those drums. Seconded by Commissioner Kaehler. Discussion. Mayor Kulbes recessed the Commission Meeting at 10:35 p.m. and called the meeting back to order at 10:40 p.m. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commisisoner Kaehler, aye; motion carried. Attorney Kruppenbacher said he would give the Commission a memo explaining the different ways entities are approaching the interpretation of the Appellate courts when a public body is acting in a quasi-judicial fashion, if anybody wants to talk to you about a particular topic is precluded from talking to you unless they talk at this meeting. He was referring to the Jennings and Snyder Cases. Attorney Kruppenbacher said there is an issue about our legal ability to put the garbage bills on the tax rolls and treat them as an assessment. He said he will have an opinion from the Attorney General's office within 30 days. Commission Seat III - John Langellotti: Commissioner Langellotti said he has been getting lots of phone calls regarding the Senior Center and suggested we get a manager to run that place. . . . Regular Meeting, City Commission, April 13, 1992 Page 9 91-92-13 Commission Seat IV - Terri Donnelly: No report. Commission Seat V - Cindy Kaehler: Commissioner Kaehler said she still has not gotten an answer as to the 1986 de- regulation who decided the 7% basic vs. 5% of the total. Commissioner Kaehler asked for independent counsel to find out just who is at fault here. Attorney Kruppenbacher suggested the City Manager contact the FCC for the answers. Commissioner Kaehler also asked what is our percentage if there is a takeover or change in ownership. Motion was made by Commissioner Jonas to extend the meeting. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Commissioner Kaehler asked about the property that was brought to the Commission for acceptance. There was no environmental audit done on the property and she asked for the status. Manager Rozansky reported the estimate for an environmental audit was from $1,700 to $2,100 and Mr. Lockcuff said he did not have that money in his budget. After discussion, it was decided to get the easement for the lift station and not accept the property. Commissioner Kaehler said in 1991 this City Commission directed the City Manager to investigate putting the garbage fees on the tax rolls, and she said as it is, they are going on in 1993. Commissioner Kaehler said this Commission unanimously directed the City Manager to put this on the tax rolls for 1992, and that everything was in place in order for us to do that. Now whether the Commission has since decided that that should not be done, she said that order was ignored. She said the evaluation forms are to be handed out and she suggested the Commission keep that in mind when they fill them out. Commission Seat I - John V. Torcaso: Motion was made by Commissioner Torcaso to appoint Gladys Zahand to the B.O.W.S. Board. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Commissioner Torcaso said he would like the City to take over the program at the Senior Center and get a manager or a supervisor. Commission Seat II - Don Jonas: Commissioner Jonas said the City Manager should get together with the Recreation Director to discuss the Senior Center and get back to the Commission with a recommendation. Commissioner Jonas suggested when a Workshop Meeting is called and it is not called at a commission meeting, the Mayor should direct the City Clerk to call the Commission to remind them of the meeting. . Regular Meeting, City Commission, April 13, 1992 Page 10 91-92-13 Commissioner Jonas spoke about the hiring of the purchasing agent. Mayor's Office: Mayor Kulbes spoke about two outstanding students he had the pleasure of meeting. Andrew Schlater who was chosen one of the three outstanding students in the Tri-county area with a 4.1 average and he will be going to Dartmouth and Rachele Stump a middle school student was given the honor of singing the National Anthem at a ball park. He also met one of the outstanding teachers in the Tri-county area, Mr. Howard Eisner. Meeting was adjourned 11:30 p.m. Respectfully submitted, ~;:~ Mary T. Norton, City Clerk ,MAYOR . .