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HomeMy WebLinkAbout1992 05 11 City Commission Regular Minutes . . . 91-92-15 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MAY 11, 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 Torcaso asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner Cindy Kaehler. Approval of minutes of April 27, 1992: There were no additions or corrections; minutes stand approved as presented. Mikes Lawsuit Report: Attorney Kruppenbacher explained that Judge Claude Edwards, who was the mediator for the Mikes Lawsuit, has been a member of the Florida Bar for over 30 years; a former member of the Orlando City Council, a former sitting Circuit Court Judge for 15+ years; and an Orange County former Chief Judge of the 9th Judicial Circuit. Attorney Kruppenbacher explained we have no option as to whether we go to mediation, we are ordered to mediation by the Judge sitting in the case. Judge Edwards asked Mr. Moti Khemlani to explain what he felt went wrong with the mediation; however, Mr. Khemlani had left the meeting to obtain a tape recorder. Mayor Kulbes then went to the first item on the agenda which was a request for permission to have more than two dogs-Vern L. Kiser, 120 S. Cortez Avenue. Mr. Kiser was not present. Motion was made by Commissioner Kaehler to table. Seconded by Commissioner Jonas. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. City Manager Richard Rozansky: Central Winds Park Update: Manager Rozansky reported we are still having problems with the curve. Mr. Wood of Florida Dept. of Transportation suggested we send copies of the revised temporary bypass road to FDOT for approval. As far as accepting the park, a walk-through on the maintenance building and the facilities building was held and the buildings were inspected by the Building Official, Recreation Department, Staff and Engineer. Manager Rozansky said we are going to accept those two buildings. He said we want to accept the park; however, there is a possible problem with the auxiliary field in the passive area because of the way it was designed. Today they suggested a swale be put in the passive area. Commissioner Kaehler asked why the City has to pay for something they guaranteed would work and now it does not. Attorney Kruppenbacher said a meeting is to be held with ~ Regular Meeting, City Commission, May 11, 1992 City Manager and the Land Development Coordinator to go through every item and the contract and identify where we believe legally responsibility lies. Then a report will be given to the Commission. Page 2 91-92-15 Mayor Kulbes said at this time we would go back to the Mikes Lawsuit. Judge Edwards asked Mr. Khemlani to explain what he felt went wrong at the mediation. Mr. Khemlani said he wished he had been allowed to tape record what happened. Judge Edwards explained Mr. Khemlani was asked not to tape record the mediation, and he graciously agreed not to do that. Judge Edwards explained it was a meeting open to the public but it was a mediation and not a public hearing and not a City Commission meeting, so it was a different matter. Judge Edwards said negotiating this particular mediation and the result that has been recommended is transient quarters such as guest cottages were eliminated and so were multi-family in the guise of condominiums, and the proposal is for single family homes all across the board. Attorney Kruppenbacher explained the primary goal was to take Tuscawilla to single family and that is what this Commission wanted because that is what their citizens wanted. He said we have been able to put this entire issue to rest with a very good plan. ~ Attorney Kruppenbacher outlined the Settlement Terms for Florida Country Clubs v. City of Winter Springs, and that is as follows: Tract 1 - approximately 8 acres; maximum of 3 units per acre; maximum of 24 units, single family homes; Tract 2 - nothing will be built; Tract 3 approximately 6 acres, maximum of 3 units per acre, maximum of 18 units, single family homes. Tract 4 approximately 4 acres, maximum 3 units, maximum 12 units, single family homes. Tract 5 & 6 - 1 house at fifth green, creek, Northern Way and entire parcel will be deeded to homeowner; 3 homes at the 3 acres by the fourth tee, west of Greenbriar on Northern Way, single family homes. Tract 7 approximately 3 acres, maximum 6 homes, 1/2 acre per lot, single family homes. Buffer 2 1/2 acres adjacent to Parcel 51 property will be zoned for land use in accord with Parcel 51 property designation, single family homes. In addition to the above, and exclusive of the lawsuit settlement, Florida Country Clubs has offered to donate as conservation area that property bordered by holes 11, 12, 13, 14, 15 and 16 and the creek to the west. At this time, we are preparing a settlement agreement that assures the property will remain single family and requires all development to be built in accord with City Codes, etc. *All of the densities listed are based upon the ability to develop the property in compliance with all State and City codes and regulations. ~ . . . Regular Meeting, City Commission, May 11, 1992 Page 3 91-92-15 Motion was made by Commissioner Kaehler that the Attorney be directed to prepare the Settlement Agreement and for the Staff to initiate the required steps to re- designate the land use classification of Parcel 51 from condominium to single family within the PUD zoning district. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Mayor Kulbes called a recess at 8:40 p. m. and called the meeting back to order at 8:45 p. m. Attorney Kruppenbacher explained the next step was to have the Settlement Agreement drawn up, then a formal public hearing for a decision of whether or not the Commission will approve it. Mr. Paul Partyka, Oswego Court, and Mr. Joe Genova, Addidas Road, spoke in discussion. First reading of Ord. No. 521, establishing a Stormwater Management Utility, etc.: This Ordinance will be discussed at a Workshop Meeting on June 1, 1992. Reports: Manager Rozansky said this is an emergency item. He said a large motor failed at the water plant, Winter Springs Water and Sewer East, and he ordered the Utility Director to get it repaired because we only have two motors and we can not afford to lose another motor. It is going to cost $7,970.00. Motion was made by Commissioner Langellotti to confirm the City Manager's action to have the motor repaired at a cost of $7,970.00. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Public Comment: John Ferring, Baltic Lane, spoke about a phone call he received from Rae Kirkwood. Rae Kirkwood, Fruitwood Ave., spoke about her concern for the rezoning in Casselberry. Martha Pultz, Northern Way, asked what guarantees her that the golf course will remain a golf course. Ray Laub, Blue Spruce Court, asked if there was anything new on the borrow pits. Commission Seat V - Cindy Kaehler: Commissioner Kaehler spoke about the rezoning in the City of Casselberry and all the traffic that would be created. Motion was made by Commissioner Kaehler that the City of Winter Springs send a formal notification of our objections to the project known as Castle Park apartments due to traffic and other concerns. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Commissioner Kaehler pointed out that Moss Road is a collector road and Edgemon Avenue is not a collector road. City Planner Greg Kern pointed out all of our traffic studies show Edgemon Avenue as a collector road. . . . Regular Meeting, City Commission, May 11, 1992 Page 4 91-92-15 Commissioner Kaehler asked that that be looked into because Edgemon Avenue was not designed as a collector road. Gladys Zahand, Murphy Road, spoke about the traffic problems in that area. Commissioner Kaehler asked why the property that is part of Foxmoor is being cleared. Sally Mings, S. Edgemon Ave., spoke about traffic problems. Lee Sneed, Murphy Road, also spoke about traffic problems. Commissioner Kaehler also asked about the complaint form regarding the basketball hoop on Clearn Court and what is being done about it. City Manager Rozansky is to send a letter explaining why we can not allow the hoop to remain there. Commission Seat I - John V. Torcaso: Commissioner Torcaso commended the Police and Fire Departments for their work on the accidents they were involved in. He also included the City Manager and Staff to be commended for the two letters that came in. Commission Seat II - Don Jonas: Commissioner Jonas spoke about the Motion to Dismiss,City of Winter Springs, Petitioner, vs. St. Johns River Water Management District, Respondent. City Engineer Leonard Kozlov explained at the last meeting City Commission, by consensus, decided to go forward to address the pending permits that are going to be issued by the Board for the borrow pits. He said he sent a letter with the minutes saying we had problems. The St. Johns River Water Management District Attorney, Nancy Barnard, sent a motion to dismiss, but she gave us an additional seven days to file a correction to the petition. Last Friday Mr. Kozlov filed a petition with the St. Johns River Water Management District and also DER. Mr. David MacIntyre, Parsons andBrinckerhoff, came in to review the data from Sims and Associates and after a very cursory review found some problems. Mr. Kozlov explained Mr. MacIntyre's fee to review this in depth would be between $2,000 and $4,000.00. Mayor Kulbes asked the Commission if they want to instruct the City Manager to seek the services of the outside consultant to study the borrow pit problem and the Commission said yes. Manager Rozansky said he would keep the Commission informed of what is happening, and if it is necessary to appeal, Mr. MacIntryre will be our representative. Motion was made by Commissioner Jonas to appoint Mel Glickman to the Commerce & Industry Board. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Commissioner Jonas said a meeting is being set up to discuss the recreation programs and he would report back. Commissioner Langellotti asked about a program for 13 year olds, and Mayor Kulbes said in addition a program for young adults. . . . Regular Meeting, City Commission, May 11, 1992 Page 5 91-92-15 Commission Seat III - John Langellotti: Commissioner Langellotti about the status of the changes to the code enforcement ordinances. Commission Seat IV - Terri Donnelly: No report Mayor's Office: Mayor Kulbes appointed John Langellotti to the C.S.B.G. Board. Motion was made by Commissioner Torcaso to reimburse the Districting Commission $25.00 per meeting attended. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Mayor Kulbes said he is calling a Workshop Meeting for June 1 to discuss School Board Impact Fees, Stormwater Management Ordinance and a Computer update. Following that a Special Meeting will be held to adopt the Districting Map. Meeting was adjourned 10:00 p. m. Respectfully submitted, ~-r~ Mary T. Norton, City Clerk ,MAYOR