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HomeMy WebLinkAbout1993 05 24 City Commission Regular Minutes 92-93-19 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MAY 24, 1993 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 V. Torcaso, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: Don Jonas, present John Langellotti, present Terri Donnelly, present Cindy Kaehler, present For the invocation Deputy Mayor John V. Torcaso asked for a moment of silent prayer. The pledge of allegiance to the flag was led by City Attorney Frank Kruppenbacher. Approval of minutes of May 10, 1993: there were no additions or corrections, the minutes stand approved as presented. Public Comment: Mr. Zazinski, Mockingbird Lane, read a letter to the Commission regarding the garbage service. . General Agenda: Public Hearing and second reading of Ord. No. 545, relating to the maintenance of certain local improvements in the City; creating a municipal services assessment and benefit district to be known as the City of Winter Springs/Country Club Village Streetlight Maintenance District; defining the territory included within the district; defining purpose and powers of the District; providing for a governing body; providing the levying and collection of special assessments, etc.: Attorney Kruppenbacher read Ord. No. 545 on second reading. Mayor Kulbes recessed the Commission Meeting and opened the public hearing. Mr. Gene Lein spoke for the ordinance. No one spoke against the ordinance. Mayor Kulbes closed the public hearing and re- convened the Commission Meeting. Commissioner Kaehler noted there were several discrepancies and they are to be changed to read "Country Club Village at Tuscawilla Homeowners Association. Attorney Kruppenbacher recommended they be treated as clerical errors. Motion was made by Commissioner Jonas to adopt Ord. No. 545 as amended to reflect the Country Club Village at Tuscawilla Homeowners Association. 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. Resolution No. 710, amending bond Resolutions 615 and 705, etc.: Attorney Kruppenbacher read Resolution No. 710 by title only. Motion was made by Commissioner Jonas to adopt Resolution No. 710. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Donnelly, no; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. . . . . Regular Meeting, City Commission, May 24, 1993 Page 2 92-93-19 Resolution No. 711, authorizing the negotiated sale of bonds, etc.: Attorney Kruppenbacher read Resolution No. 711 by title only. Motion was made by Commissioner Langellotti to adopt Resolution No. 711. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; motion carried. Eagle Ridge-Issue Clarification/McIntosh Letter: Don LeBlanc, Land Development Coordinator, explained the first item in Mr. McIntosh's letter was the $500 per unit contribution to the schools of Winter Springs now that a Seminole County School Impact Fee of $1378 has been assessed. Commissioner Kaehler said she was a Commissioner and was extremely involved in this process. She said the Seminole County Impact Fee ordinance was challenged and the concern of the Commission was that this project would be approved with no school impact fees. The developer voluntarily agreed to pay $500 per unit until such time as the schools had an impact fee. What was added as a caveat was that since we were in the process of trying to lobby for a middle school which we did not have, and we needed to have a new elementary school, we asked that those fees be given to us as a lobbying tool that when the next school that came up, we would be able to offer them to the County in lieu of their impact fees so that this way we would be able to get something in Winter Springs first. Commissioner Kaehler said the impact fees are already here and the intent of the settlement is reached. The next item in Mr. McIntosh's letter was Trotwood Boulevard improvement. Commissioner Jonas was concerned that by eliminating the access of the school children in that project through Trotwood Boulevard, they would have to travel SR 434 over to Tuscawilla Road; Commissioner Kaehler spoke about the approvals that were made on that particular unit of Oak Forest, and the concern of the people that lived there was that this was going to become a thoroughfare when SR 434 and Tuscawilla Road were widened. She explained the concern of Staff at the time was that there would not be any emergency access and that was the reason for the single lane so that there could be no normal vehicular traffic with the breakaway gates, and if there was a need for police or fire protection, they could get through. Also, the children could ride their bicycles along that stretch or walk along there more safely then if it was traveled by vehicular traffic. Mr. McIntosh said that could be solved by installing one of the previously proposed sidewalks adjacent to the emergency gated roadway so that we could facilitate bike and pedestrian traffic and he said he can work that out with Mr. Kozlov. Commissioner Kaehler explained the intent was to single lane with the money being spent for a more logical connection so that in the future the people that lived out there would never have to worry about this coming up again. That was why it was stated very clearly that it should be a single lane with the money going towards another connection, and that was the commitment made to the people of Oak Forest. The next issue discussed was Alton Road. Don LeBlanc explained there was discussion but no definitive answer was reached regarding Alton Road. Because of Alton Road going through a park there was discussion that it be stabilized for emergency traffic with the breakaway gates. Mr. McIntosh said it has been their contention that based on that further clarifica- tion by the City Commission, that clarification being specific as to the disposition of Trotwood Boulevard, as it had been discussed here earlier, that the City did not . Regular Meeting, City Commission, May 24, 1993 Page 3 92-93-19 choose to have Alton Road improved and no requirement for Alton Road's improve- ment was placed. Mr. McIntosh said the documentation, while vague, was indicative of the fact the issues were brought up and discussed at the final engineering approvals and that there is no Alton Road improvement required by the City Commission whereas the Trotwood Boulevard improvement was very specifically dealt with. Commissioner Kaehler said for the same reason she did not want to see the Trotwood entrance opened, is the reason she does not want to see Alton Road opened. However, because of the condition of SR 434, she said she would like to see something designed someway that if there was a need for emergency vehicles to get through there, they could get through. Mrs. Leanne Grove, pointed out that at the meeting of Dec. 10, 1990 when the motion was made, there was also discussion about putting Bahama Road through. She said it is not clearly reflected in the minutes, but it would be on the tape that there was nothing to be done on Alton or Bahama Roads at all, no breakaway gates, no stabiliza- tion, just let them dead end into the park. Commissioner Jonas again spoke of his concern of only one entrance and exit for the 400 units. Discussion followed. . Mr. LeBlanc read the utility director's letter regarding the reclaimed water lines and the upgrading from 6" to 8" of 850 feet of proposed water main near the Sailfish Road and Trotwood Boulevard interconnection. Mr. McIntosh said the project has been approved without any requirement for re-use lines. He said as a function of what I hope will be an agreement on all these issues, I am prepared, contingent on that agreement, to voluntarily agree to the installation of re-use lines within Eagle Ridge consistent with the communications that we have had with the Utility Director and the City Engineer. That is an $800 additional cost per unit. Commissioner Kaehler pointed out the motion, the approval of the final engineering was granting a waiver to the sidewalk between lots 299 and 298, including speed bumps wherever possible and including wastewater lines to be installed as per Staff recommendations. Mr. McIntosh said in regard to the Utility Director on that. the intent associated with the the upgrading from 6" to 8" he will have to work with He said he was asked by the City Manager to clarify dedication of conservation areas and parks. Mr. McIntosh said throughout it has been the commitment of this development to dedicate those parklands and conservation lands that are in the final engineering documents to the City, subject to any easements, but it was thought that those lands eventually would be for the City of Winter Springs to use as they saw fit; that was clearly the commitment that has been made. . He said the last item of his letter was project phasing. He said he just wanted to make sure the numerical sequence if it came before the Commission as Units 1, 2, 5 and 3, 4, 6; the intention is to go with the development in an orderly fashion of each unit standing on its own. . . . Regular Meeting, City Commission, May 24, 1993 Page 4 92-93-19 Commissioner Kaehler said this project was an extremely painful process for the City to have to go through. It has taken twelve years to get to the point that we are at right now. She said she is grateful that it is coming to a close. She said she would like to see a quality development there, and with a spirit of cooperation that is what will happen and it will be for the best benefit of the people that live here. Motion was made by Commissioner Donnelly that as it relates to impact fees, the intention is to allow the School Board Impact Fees to stand and the $500 that they were going to pay the City to be paid directly as part of that $1,300 fee so they are credited that way. As to Trotwood Boulevard it will be a one lane road; there will be a barrier for emergency use only and the dollars that would have been used to make it a two-lane road will be donated to the City voluntarily; As to Alton Road that is where you directed they sit with Staff and there will be ingress and egress for emergency vehicles only and the Land Development Coordinator needs to get with the City Manager immediately to work out any other logistics regarding that. They have agreed to voluntarily put in the reuse lines in accordance with the Utility Director's memo. Seconded by Commissioner Jonas. In discussion Mayor Kulbes asked if it was clarified the Water Department wants an increase from 6" to 8"? Mr. McIntosh explained that is a final design hydraulics issue that can be worked out. All intentions subject to the Attorney signing off they can be done legally. Vote on the motion: Commissioner Torcaso, no; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Mr. G. Miller asked if that road will be extended as a dirt road for use during construction and Mayor Kulbes explained they were instructed that they would not use any entrance or exit from Trotwood Boulevard for construction purposes. Appointment to Citizens Advisory Committee-MPO, East Central FL Regional Planning Council: Mayor Kulbes recommended William Stone, P.E., 1104 Seafarer Lane, be appointed to fill the vacancy left by Mickey Barrett's resignation. Motion was made by Commissioner Torcaso to appoint William Stone to the Citizens Advisory Committee. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commisisoner Donnelly, aye; Commissioner Torcaso, aye; motion carried. City Manager John Govoruhk: Monthly reports have been distributed. City Attorney Kruppenbacher distributed a draft of a letter to be sent to the Attorney General on the Tuscawilla Maintenance Special Assessment District. . Regular Meeting, City Commission, May 24, 1993 Page 5 92-93-19 City Attorney Kruppenbacher also distributed copies of the Settlement Agreement on the Jackie Koch settlement. Motion was made by Commissioner Langellotti to put on the agenda Jackie Koch's Settlement Agreement. 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. Motion was made by Commissioner Torcaso to approve subject to the City taking the appropriate legal steps to implement this settlement and to have it effectuated. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, no; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Commission Seat III-John Langellotti: No report. Commission Seat IV-Terri Donnelly: Commissioner Donnelly asked if there were any mandates from the St. John's Management District that fountains cannot be used for ornamental purposes. recommended Staff call the St. John's Management District. Water It was Commission Seat V-Cindy Kaehler: Commissioner Kaehler asked about the garbage issues that were raised. Mayor Kulbes . explained that at the next Commission Meeting these issues will be discussed. Commission Seat I-John V. Torcaso: Commissioner Torcaso commended the Pension Board of Trustees for doing a great job. Commissioner Torcaso said next month the City will be hosting the Tri-County Meeting and he felt the Commission should have a say on how much money to spend for the meal and what kind of a memento to give to the visitors. Motion was made by Commissioner Langellotti to authorize the Mayor to make a dis- bursement of funds provided there are funds in the Mayor's Office Budget to give these people a memento of our meeting in Winter Springs. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Commission Seat II-Don Jonas: Commissioner Jonas said he is doing research on the garbage issue and will have the information in the Commission's boxes the first week in June. Mayor's Office: Mayor Kulbes said on June 14th the City Staff will present a resolution of the garbage situation. Meeting was adjourned 9:25 p.m. Respectfully submitted, . ~t:~ Mary T. Norton, City Clerk ,MAYOR