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HomeMy WebLinkAbout1994 04 25 City Commission Regular Minutes . . . 93-94-14 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MONDAY, APRIL 25, 1994 The Regular Meeting was called to order by Mayor John F. Bush at 7:30 p.m. For the invocation Mayor Bush asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner John Langellotti. Roll Call: Mayor Jdhn F. Bush, present Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: John Ferring, present John Langellotti, present Cindy Gennell, present David McLeod, present Approval of minutes of April 11, 1994: there were no additions or corrections; the minutes stand approved as presented. Public Comment: Glenn Childs, Wildcat Court, spoke about the article in the newspaper regarding the Duda Project. William Fernandez, Panama Road East, said he and Mary Scott are recent appointments to the BOWS Board. He spoke about the request of the BOWS Board that the Commission possibly consider the BOWS Board as an advisory board for residents of the City as to citizen input. Joe Genova, Adidas Road, spoke about the article in the newspaper that Mr. Childs referred to and the proposed project. Art Hoffmann, Mt. Laurel Road, Vice Chairman of the Planning & Zoning Board, asked permission from the Commission to allow the Planning & Zoning Board to request either verbal or written comments from the various Boards of the City as to what information should be written in the new Land Development Regulations regarding their duties, etc. Commission gave their permission. Harold Scott, Swan Street, spoke about the newspaper article in the Sentinel regarding "locked city doors". He also spoke about the Tuscawilla Today tabloid and the hearing designated as FEC 90-68. General Agenda Public Hearing and second reading of Ord. No. 553-B amending Policy F-4 of the Traffic Circulation Element of Ord. No. 553, etc.: Public Hearing and second reading of Ord. No. 559, amending the 1993-1994 Fiscal Year Budget, etc.: Motion was made by Commissioner McLeod to read Ord. No. 553-B and Ord. No. 559 by title only on second reading. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion carried. Attorney Kruppenbacher read Ord. No. 553-B and Ord. No. 559 by title only on second reading. . Regular Meeting, City Commission, April 25, 1994 Page 2 93-94-14 Mayor Bush recessed the Commission Meeting and opened the public hearing. No one spoke for or against the ordinances. Mayor Bush closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Ferring to approve Ord. No. 553-B amending Policy F-4 of the Traffic Circulation Element of Ord. No. 553. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; motion passes. Motion was made by Commissioner Torcaso that Ord. 559 be approved. Seconded by Commissioner Ferring for discussion. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; motion passes. Motion was made by Commissioner Ferring that we revise the revised Budget to so indicate that $79,058 be removed from the Contingency Fund and placed in the Reserve Fund; $200,000 from the salary study implementation be taken out and put into Year End Reserve Fund and $25,000 on the merit pay increase also be put into the year end reserves. Seconded by Commissioner Lange110tti. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. . Preliminary Engineering-Tuscawi11a Parcel 9, a/k/a Parcel 51, Hooker's Property: Bruce Behrens, Assistant to the City Manager, explained this is a 16+ acre tract previously planned for 197 condominium units. The current site plan calls for 27 unit single family gated subdivision. The Developer is aware of the fact that this proposal will require a Comprehensive Plan Amendment and he is proceeding at his own risk with respect to the possibility that such an amendment may not be approved. Mr. Behrens said the homeowners association is mandatory with the developer main- taining control until he has sold 23 of the 27 lots; interest is imposed on late payments. The Police Department would like to make sure the gate is keyed in the same manner as the other gated communities. Mr. Behrens explained the Staff recommended interior sidewalks for this development. The Developer had come before the Commission last October at which time he asked that the sidewalks not be required. The Review Board voted unanimously to approve the preliminary engineering plans as submitted, and they do not include sidewalks. Staff recommendation is to approve the preliminary engineering plans for Tuscawi11a Parcel 9 a/k/a Parcel 51 Hooker and the Planning and Zoning Board recommended also the approval of the preliminary subdivision plans as presented. Commissioner Ferring had questions on the covenants which he will turn over to the City Attorney. He also pointed out in the covenants it charges the individual lot owner for the responsibility of paying for the sidewalks, and Commissioner Ferring noted that Mr. Mikes had indicated funds would be set aside for the sidewalks. . Mr. Mikes explained funds will be set aside in the association for the sidewalks. He said their request is that they not be obligatory and that it be a decision made by the association when it is turned over to the association, whether they decide to put sidewalks in, but the funds would be set aside and the easement maintained for . Regular Meeting, City Commission, April 25, 1994 Page 3 93-94-14 the construction of those sidewalks, and then it will be that group of homeowners that will make their decision on a majority basis. Commissioner Ferring said he would turn his comments over to the City Attorney then this will be discussed at final engineering. Commissioner Gennell said she had som~ questions about the planned unit development documents but that she would get with the City Attorney and she also had some concerns about the sidewalks. Motion was made by Commissioner Ferring to approve preliminary engineering for Tuscawilla Parcel 9 a/k/a Parcel 51 Hooker property subject to the incorporation of minutes and comments tonight and subject to final detailed covenants and restrictions being worked out with the City and subsequently approved by the City. Seconded by Commissioner Gennell. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passed. Preliminary Engineering for Tuscawilla Parcel l4-C: Bruce Behrens, Assistant to the City Manager explained the Staff met on this and recommended approval of the preliminary engineering. The Planning & Zoning Board had quite a bit of discussion on where the brick wall would appear and he had a colored plan to show to the Commission. . Mr. Behrens explained that while the Planning & Zoning Board did recommend the approval of this subdivision with the exception of the access from Winter Springs to Oviedo off of Seneca Boulevard, they were unable to reach an agreement on their minutes and how the minutes should read because of an absent member who had made the motion. That is why their minutes were not attached to the staff report. They have no problem with the subdivision but its the wording on the way they approved it. Mr. Behrens explained the Planning & Zoning Board approved this plan without the stub road. There is a proposed stub road from the City of Winter Springs off of Seneca into the developer's piece of property that lies in the City of Oviedo. Art Hoffmann, Vice Chairman of the Planning & Zoning Board, explained the way the minutes were written up "access from Winter Springs to Oviedo", and the person who had made the motion was not present. There was some confusion whether that meant Winter Springs Boulevard or Winter Springs, and since the maker of that motion was not at the meeting that night, the Board could not approve the minutes. Mr. Scott Culp stated the request before the Commission this evening is for the entire parcel l4C. The Planning & Zoning Board recommended the approval of everything to the west of Seneca. He said they are still requesting that access that is to the east of Seneca. He said he understands that the P&Z Board made their recommendation to the Commission exclusive of that. That access roadway off of Seneca into the City of Oviedo is still part of this request. . Commissioner Ferring asked what type of buffering is going to go on Seneca Boulevard. Mr. Behrens explained the developer committed to the wall where the red line is shown. Commissioner Ferring said on recommendation of Staff the Commission is going along with the Seneca entrance, but they want to make very sure the buffering is . Regular Meeting, City Commisison, April 25, 1994 Page 4 93-94-14 aesthetically pleasing on that entranceway from Seneca. Mr. Behrens said he would like to work with the developer and bring back a concept at final engineering. Commissioner Ferring said he had many questions on the covenants and asked that Mr. Culp get with the City Attorney to work them out and have them back to the Commissioners well in advance of the final engineering meeting for approval. Commissioner Ferring asked about Lot 24 Mr. Culp explained at this point they are requesting Lot 24 to be incorporated with the 16 lot community in the City of Oviedo. He said the request for that access road was conditioned upon being access to the 16 lots in the City of Oviedo. Mr. Culp said if the Commission denies them access to the east of Seneca Boulevard then Lot 24 would be a lot on Seneca just as the Chelsea Woods lots are. Commissioner Gennell said she had some concerns with the documents and would get with the City Attorney. Mr. Culp said they will be in compliance with the City Code with regard to the covenants and restrictions at final engineering. . Motion was made by Commissioner Ferring to not to approve the request for the stubbing of the road off Seneca Boulevard into the City of Winter Springs in the development of 64F. And secondly, to approve preliminary engineering on everything west of Seneca Boulevard subject to the incorporation of the minutes and comments tonight and subject to the final detailed covenants and restrictions being worked out with theCity and subsequently approved by the City. Seconded by Commissioner Langellotti. Discussion. Mr. Culp asked for clarification if that would include all of l4C. South of Winter Springs Boulevard is not all entirely west of Seneca; if you could clarify that to be west of Seneca and south of Winter Springs Boulevard. Mr. Behrens explained there are some existing lots on the plan that is being circulated that are south and east, south of Winter Springs Boulevard, and he said what Mr. Culp is saying is they lie to the east of where Seneca if you lined it up and he is asking for approval on all of those lots. Commissioner Ferring said o.k. everything with the exception of the stubbing in of the property off of Seneca. Mr. Culp then showed a slide of the property. He pointed to a line that separates the City of Oviedo and the City of Winter Springs. He said l4C is everything to the west of the City line. Mr. Culp said his understanding is Commissioner Ferring's motion is to disapprove the stub street off of Seneca Boulevard into the City of Oviedo. He said that would not change the lots; would not change any of the preliminary engineering to all Parcel l4C; it eliminates the stub street going east of Seneca to the City of Oviedo. Commissioner Ferring said Lot 24 will be made into one individual residential lot and Mr. Culp said that is correct. Attorney Kruppenbacher asked to clarify the action tonight will be to approve that property located within the City of Winter Springs; you are not taking any action on property located outside the City of Winter Springs; furthermore your motion would be subject to the actual plans in front of you as identified by Mr. Behrens. Commissioner Ferring asked with one exception Lot 24; Lot 24 will be included in the approval, is that correct? Mr. Behrens said Lot 24 will be part of this project; the big question there is how does he access that lot and that should probably be determined at final engineering or another night. . . . . Regular Meeting, City Commission, April 25, 1994 93-94-14 Page 5 Mr. Behrens said theoretically there is no intersection there now; there is a road and we would have to figure out a driveway cut that would be an appropriate distance. Attorney Kruppenbacher said he is real hesitant for the Commission to approve a lot where you don't know what that curb cut is going to be. Mr. Behrens explained the problem is that Lot 24 is in the City, it is part of Parcel l4C. Attorney Kruppenbacher said you are asking that no action be taken on Lot 24? Mr. Behrens said correct, tonight. Mr. Behrens explained it is not our intent to deny access to anything; he is just saying they have not reviewed a different access to Lot 24 other than the cut that you see on the plan. He said it was the Developer's request to bring it to the Commission like that. Mr. Behrens said they have not reviewed it and neither has the Planning & Zoning Board, but they are not trying to deny him access to his lot. Mr. Culp asked what process would he take this single lot through when it is severed from Parcel l4C? Mr. Behrens explained he didntt think it would be severed. He said at final engineering you show the elimination of the road stub and you show an appropriate driveway cut that meets the Comprehensive Plan and Code. Mr. Culp said the way he understands the clarification is we are approving the preliminary engineering without the access; final engineering we will address access to Lot 24 which is part of Parcel l4C? Commissioner Ferring restated his motion in regards to preliminary engineering for Tuscawilla Parcel l4C. Motion was made by Commissioner Ferring to approve Lots 1 through 23 on the north side of Winter Springs Boulevard and Lots 1 through 26 on the south side of Winter Springs Boulevard and that at final engineering the Developer and the City will come to terms regarding Lot 24. Commissioner Ferring said to delete Lot 24. This motion to approve the preliminary engineering is subject to the incorporation of the minutes and comments tonight and subject to the final detailed covenants and restrictions being worked out with the City and subsequently approved by this City. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Gennell, no; Commissioner McLeod, no; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; motion passes. Pension Plan Board Meeting (City Manager's Memo dated 4/5/94) for discussion: Art Hoffmann, Chairman of the Board of Trustees reviewed the memo. He said Item 1 covers the administration expenses, which take care of each account for the employees, and should not be charged to the employees but should come out of the General Fund. Item 2 has to do with forfeitures which are amounts not vested with employees who leave the City and the Board of Trustees feel they should be retained in the plan and not go into the General Fund as it has in the past. Item 3 he explained the City is obligated to give notice to employees that leave or retire as to what they have to do with their account when it is vested, rather than leaving it in the fund it should be transferred to them to dispense as they must in an IRA Fund or some other fund that they may have. The IRS publication 590 gives them quite a bit of information as to how they have to do that. Item 4, a summary should be given to each employee so their pension is all about, what they will be getting generate for them and what happens when they retire. Agent be requested to prepare this summary. they know exactly what into, what the funds will The City Attorney and Investment . . . Regular Meeting, City Commission, April 25, 1994 Page 6 93-94-14 Motion was made by Commissioner Ferring to accept in toto the recommendations set forth to adopt an ordinance and resolution to revise the plan as set forth in this letter dated April 5, 1994 from the City Manager and all of the points that we have discussed. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. Approval of Settlement between the City of Winter Springs and Seminole Utility Company-City Attorney: Motion was made by Commissioner Ferring for final approval of the Settlement Agreement with authorization for the Mayor to execute it tonight, and have it notarized and forwarded to the City Attorney to be sent to the other parties. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion passes. City Attorney Frank Kruppenbacher: Attorney Kruppenbacher reported the Mikes property settlement is now completed. Attorney Kruppenbacher spoke about the letter from Mr. Mikes in reference to a moratorium relating to the Glen Eagle subdivision and the stormwater pond retention area. Between now and the next meeting the City Manager and Staff will look at the issue and then at the next meeting the Attorney will brief the Commission what the problems are and then from there the Commission can decide how to deal with the matter. Attorney Kruppenbacher talked about the 69 acres that Mr. Mikes has offered to dedicate and donate to the City. Mr. Mikes has offered to pay for the environ- mental audit. Attorney Kruppenbacher said he would like the authority from the Commission, if the Commission is interested in taking the 69 acres, to communicate to Mr. Mikes what we want in terms of the audit, and if that shows there is no problem, to put it on the agenda, once we have the report back for a decision by the Commission to accept it. The consensus of the Commission was for Attorney Kruppenbacher to proceed. Attorney Kruppenbacher reported on the Chelsea Parc issue. City Manager John Govoruhk: Manager Govoruhk reported the putt-putt golf course is on order. The playground equipment has been delivered today and is being installed. Manager Govoruhk said he has seen a copy of the School Board Agreement, but we have not received an original for the Mayor's signature or to present to the Commission. Mayor Bush called a Workshop Meeting for Tuesday, May 3rd at 1:30 p.m. to meet with DOT on the SR 434 widening plans. Manager Govoruhk said he received a check in the amount of $25,000 from Winding Hollow formerly Eagle Ridge towards the donation of a park they will be presenting to the City. A new park off of Alton Road. Commission had no objection to rename Brantley Road to Tusckawilla Road which was requested by the School Board. . . . . - Regular Meeting, City Commisison, April 25, 1994 Page 7 93-94-14 Manager Govoruhk said he has not received a reply from CSX Transportation regarding their plans for the railroad. Commissioner Gennell said she has a letter from the DOT Railroad Office stating that section of the railroad is on the list to be vacated within three years. Discussion followed regarding Commissioner Gennell's request to expend funds for a growth management short course. Motion was made by Commissioner Ferring to disapprove the request. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, no; Commissioner McLeod, no; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. Mayor Bush called a recess at 9:55 p.m. and called the meeting back at 10:00 p.m. Commission Seat IV - Cindy Gennell: Commissioner Gennell reported that Mr. Richard Dunkell who is on the State Advisory Board for the Florida Greenway and State Rails to Trails Conservancy Board and he is Chairman of the Central Florida Friends of Trails would like to give a presenta- tion to the commission to talk about the Greenway TRail program, Carl program, etc. Commissioner Gennell is to have him contact the City Manager to invite him to a meeting. Commissioner Gennell read her report for the 35th Anniversary Celebration of the City of Winter Springs. (The report is attached to the minutes). Discussion followed. Motion was made by Commissioner Ferring to have the 35th anniversary celebration on a Saturday or Sunday. Seconded by Commissioner Langellotti. Vote on the motion: Commissioner Gennell, no; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; motion passes. Saturday, June 25th was chosen as the date for the 35th Anniversary Celebration. Motion was made by Commissioner Gennell that we hold the open house here at City Hall on Saturday, June 25th. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Motion was withdrawn by Commissioner Gennell. Second was withdrawn by Commissioner Torcaso. Motion was made by Commissioner Gennell that in addition to other activities that day that we open City Hall as we discussed here and that we utilize it for part of the festivities. Seconded by Commissioner McLeod. Commissioner Gennell added to the motion: the area in the City Hall would be the Lobby and Commission chambers and the Fire and Rescue and public safety equipment would be out front. Motion was read back by the Clerk: in addition to other activities that day that we open City Hall as we discussed here and that we utilize it for part of the festivities and that the activities at City Hall will be limited to the Lobby and Commission . . . Regular Meeting, City Commission, April 25, 1994 Page 8 93-94-14 Chambers, and the front yard for emergency fire and police and in addition to that the food portion of this function will be at the Senior Center. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion passes. Motion was made by Commissioner McLeod for Commissioner Gennell to continue with the project and give us an outline as to what are the facilities she would like to see used and the events to be held in those facilities and present that to us at the next meeting. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Mayor Bush told Commissioner Gennell we appreciate all her hard work on this project. Commission Seat V - David McLeod: No report. Commission Seat I - John V. Torcaso: No report. Commission Seat II - John Ferring: Commissioner Ferring reminded the Commission of the Workshop Meeting with the County on April 28th. . Commission Seat III - John Langellotti: No report. Mayor's Office - John F. Bush: Discussion followed on the Tuscawilla Road Widening issue. Mr. Behrens related the recommendations from staff on this issue. First, was the City Staff be directed to work with Seminole county staff to create a corridor design and we just mentioned from Winter Springs Boulevard north to S.R. 434; Two, that the existing vegetative buffer on the west side of Tuskawilla Road be pre- served wherever possible; three, that the median in the proposed roadway not exceed the 22 ft. in width; fourth the County Staff be requested to work with St. Stephens Church and any other homeowners group to create an acceptable traffic circulation that is acceptable to the Church and the County. Commission was in agreement. Meeting was adjourned 11:00 p.m. Respectfully submitted, Approved: ~;r:~ Mary T. Norton, City Clerk . ~ I-.~ ,MAYOR JO F. BUSH