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HomeMy WebLinkAbout1994 06 27 City Commission Regular Minutes 93-94-19 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JUNE 27, 1994 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John F. Bush at 7:40 p.m. The invocation was given by Carl Buffington, Rector of church of the New Covenant. The pledge of allegiance to the flag was led by Commissioner David McLeod. Roll Call: Mayor John F. Bush, present Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: John Ferring, present John Lange11otti, present Cindy Genne11, present David McLeod, present Approval of minutes of 6/13/94: There were no additions or corrections; the minutes stand approved as presented. Mayor Bush presented Proclamations of appreciation to Donald Garmon and Justin Godfrey for bringing to the attention of the Winter Springs Police Department their find of a large amount of money on Winter Springs Boulevard. . Mayor Bush deferred public comment until after the Request by Duda/Rouse to Cross Easement. Attorney Kruppenbacher explained that following the City Commission's last meeting on this matter, the Developer agreed to fund $15,000 for the cost of a traffic study to be done by the City Engineering Consultant Tipton Associates Inc. He explained the City had in place an ordinance which would have prohibited the City from contracting with that consultant without going through the bid process to have that project done. In order to have this matter handled we had the Developer pay directly to Tipton Associates with the understanding in writing that the study was being done for the benefit of the City. Attorney Kruppenbacher then introduced Bill Tipton Sr. and Bill Tipton Jr. Mr. Tipton Sr. said what they have done is looked at a number of alternatives relative to the cut through problems that the City is foreseeing with certain elements of the proposed project. Mr. Tipton Jr. handed out a summary of the presentation boards to the Mayor and Commission. He explained they did their analysis using the Regional Planning Council's Transportation model which was released this past summer for year 2010. He said the first sheet is titled Base DRI which is the traffic impacts on the Tuscawi11a PUD based on the approved DUDA DRI that is in place today for the property north of the relocated Red Bug Road. With the approved DRI the cut through goings that could be expected are 125 daily trips which translates to 21 trips during the peak hours. . He said the next alternative they ran was with access to Winter Springs Boulevard connecting directly across from Seneca Boulevard, a full access plus intersection. The totals on Tuscora Drive 2,810 daily trips that are cutting through; 92 on Trotwood Boulevard; 660 on Winter Springs Boulevard; 170 on Vistawi11a and Seneca Boulevard for a total cut through volume of 3,732 daily trips or 361 trips in the peak hours. . Regular Meeting, City Commission, June 27, 1994 Page 2 93-94-19 The next alternative was the Developer's proposal to provide a flyover connection that allowed movements to and from the east only. He said in other words, if you were to come in from the Tuscawilla area from the west of the proposed site, traveling eastbound on one of the streets through Tuscawilla, you would not be able to legally enter the mall site; you would have to continue to Aloma, loop around to the relocated Red Bug Road, come through the new Beltway interchange and enter off of Red Bug Road. The total cut through volume dropped from the worst case of almost 3,800 daily trips to 561 daily trips with the restriction. The next alternative was the third proposal by the Developer which was a direct connection to Aloma Ave., about 500 feet south of Winter Springs Boulevard which would be just south of the Exon Gas Station at the intersection of Winter Springs & Aloma, and that assignment resulted in a significant number of cut through trips. Mr. Tipton explained as he moved this connection from Seneca Boulevard farther and farther away the numbers go down because he has a longer trip to make to utilize that access. So as he has moved away around the corner on Aloma, the cut through volume that had been 3700 daily trips is now down to just 2300 daily trips which is still a significant number of folks who are coming through different routes through the Tuscawilla PUD to use this backdoor connection. He explained the heaviest impact on each run and this one is consistent is 1,960 car impact per day on the Tuscora connection, and the reason being that that is the logical shortest route to cut the corner and get down to this secondary access into the mall. . The fourth alternative they looked at was going back to road network that is avail- able to the current DRI which is access only to Red Bug Lake Road, no connection to Aloma and no connection to Winter Springs Boulevard, and as expected, they ended up with a much reduced cut through volume again using the route from Winter Springs Boulevard, Northern Way down to Citrus Road, cutting off the bottom corner of the Tuscawilla PUD and the number drops all the way down to 768 daily trips or 74 trips during the peak hour. So they are down to just barely one car per minute. The last alternative they looked at was going back to the full access connection across from Seneca Boulevard, the one that proved the highest number of cut through trips. The most attractive rear access to the project. By dropping the speed limits will help to deter the traffic volumes from cutting through the Tuscawilla PUD and what they ended up with was basically cutting the number in half from the previous full access connection. They had little over 3,700 daily trips cutting through before and that number comes down to 1,855 daily trips or 179 cars in thepeak hour which ends up being compared to the previous number of 3 cars per minute. Mr. Tipton said that summarizes the different alternatives they looked at. They looked at all three recommended accesses by the Developer. They analyzed the base DRI as it is today. They analyzed the proposed DRI without any access to the north or east and they did an extra analysis full access with the speed reductions. Commissioner Ferring asked Mr. Tipton if he could recommend any of these options. Mr. Tipton Sr. said he cannot recommend any of the alternatives which they have investigated. . . . . Regular Meeting, City Commission, June 27, 1994 Page 3 93-94-19 Motion was made by Commissioner Ferring to deny the Duda and Rouse Corporation access across our ten foot conservation easement. Seconded by Commissioner Lange110tti. Discussion. The City Attorney asked the maker of the motion and the second to clarify that is by making that motion we are not foreclosing or saying that we would also not make it based upon any legal reasons that might be brought forth which we have never really discussed legal issues regarding it. Commissioner Lange110tti thanked Terry Back and Tom O'Connell for the Chelsea Woods Homeowners Association for working with us. He said I want to thank you for your input and your suggestions; it was greatly appreciated. Commissioner Ferring said he would also like to add that to his statements that they have acted in a tremendously professional manner. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Mayor Bush called arecess at 8:20 p.m. and called the meeting back to order at 8:35 p.m. Mayor Bush then asked if there was any public comment. Charlotte Senge1, Morton Lane asked the status of the amendment to the Comprehensive Plan regarding the property east of Fisher road, changing it back to Rustic Residential. Mr. Richard Denny, Pebble Beach Circle West, spoke about his water bill. Mr. George Crissis thanked the Commissioners for how they resolved the matter of the Duda Connector. Gladys Zahand, Murphy Road, asked if someone could set the thermostat at the Senior Center. John Horan, Wood Duck Drive, spoke about the need for a Tuscawi11a bypass; he also spoke about the need to get the Land Development Regulations adopted. Newlon Request to remove organic material (dirt) from Foxmoor East to Foxmoor IV and replace with clean fill from Foxmoor IV to Foxmoor East: Motion was made by Commissioner Ferring to accept the application from Newlon Project #94-MSC-1 with the provision that our Attorney will research whether this particular motion will have any impact on a pending lawsuit that we are presently involved with. Seconded by Commissioner Lange110tti. Discussion. Vote on the motion: Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner McLeod, no; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. Approval/Disapproval-Preliminary Engineering for Grand Reserve (Oak Forest area, east of Tuskawi11a Road across from Arbor Glen Subdivision): Carl Gosline, Community Development Director, explained this is preliminary approval for the project known as the Grand Reserve which is located on the west side of Tuscawi11a opposite Arbor Glen Subdivision. The Site Plan Review Board recommended approval to the Planning & Zoning Board and the Planning & Zoning Board has recommended preliminary approval to the Commission. . . . Regular Meeting, City Commission, June 27, 1994 Page 4 93-94-19 Motion was made by Commissioner Torcaso to approve the preliminary engineering with regards to remarks by Staff and Site Review Board. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; motion passes. Approval/Disapproval-Preliminary Engineering for Parcel 15 (Tuscawilla area, north of CSX Railroad, east of Howell Creek, west of Expressway, south of SR 434): Mr. Gosline, Community Development Director explained this is preliminary approval for Parcel 15 which is adjacent to the railroad tracks, east of Howell Creek. This has been through the Site Plan Review Board and the Planning & Zoning Board and both have recommended approval. The Planning & Zoning Board recommended approval as submitted subject to a plan from the Police Department with regard to providing security prior to the final engineering stage. The Police Chief believes that this project can be adequately policed by the Police Department and he will police it in accordance with the same standards that he polices and monitors all other parcels of property within the City. Motion was made by Commissioner McLeod to approve the proposal on the preliminary engineering. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, no; Commissioner Langellotti, aye; motion passes. Approval/Disapproval-Preliminary Engineering for Parcel 80 (Tuscawilla area, north of CSX Railroad, west of Howell Creek a distance of approximately 2,000 feet, south of SR 434): Mr. Gosline, Community Development Director, explained this is preliminary approval for Parcel 80 which has been through Site Plan Review and the Planning and Zoning Board and has received approval. There is a discussion relating to the FEMA flood plain lines. The approval is subject to resolving the FEMA line prior to final engineering. The applicant needs to supply more information to Staff. The Site Plan Review Board and the Planning & Zoning Board felt that this was to go ahead with preliminary but prior to final the FEMA issue must be resolved. Motion was made by Commissioner Torcaso to approve the preliminary engineering for Parcel 80. Seconded by Commissioner McLeod. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. Second Reading and public hearing of Ord. 560 will be on the agenda for the next meeting. First Reading of Ord. No. 564, amending Sec. 2-152 of the City Code, providing for waiver of the written bid requirement in the event of an emergency, etc.: Motion was made by Commissioner Ferring to read Ord. No. 564 by title only on first reading. 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. Attorney Kruppenbacher read Ord. No. 564 by title only on first reading. . . . Regular Meeting, City Commission, June 27, 1994 Page 5 93-94-19 Resolution No. 740 establishing certain rules for the conduct of its business, etc.: Attorney Kruppenbacher read Resolution No. 740 in its entirety. Motion was made by Commissioner Ferring to approve Resolution No. 740. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange11otti, aye; Commissioner Genne11, no; Commissioner McLeod, no; Commissioner Torcaso, aye; motion passes. Architect's Agreement for Police Department-Tabled 5/9 and 6/13/94 is to be on the next agenda. City Attorney Frank Kruppenbacher: Attorney Kruppenbacher advised the City take every step to closely monitor both the City of Oviedo and Seminole County with regard to the Duda Project. Attorney Kruppenbacher spoke in reference to the McDonald's Site Plan on SR 434. He spoke about Sec. 9-341 of the Code, Article 6. After discussion the consensus of the Commission was to have the Attorney prepare an emergency ordinance that will give the authority for all future site plans to be brought before the Commission. Attorney Kruppenbacher distributed copies of the Supreme Court decision on the sign case. City Manager John Govoruhk: Manager Govoruhk reported the monthly reports have been distributed. The putt putt golf is scheduled to open on the 4th of July weekend. Commission Seat III - John Lange11otti: Commissioner Lange110tti reported he would be going on vacation and will miss the first meeting in July. Commission Seat IV - Cindy Genne11: Commissioner Genne11 recommended Carl Stephens be reappointed to the Planning & Zoning Board. Motion was made by Commissioner Ferring to reappoint CArl Stephens to the Planning & Zoning Board. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioenr Lange11otti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion carried. Commissioner Genne11 recommended Frank Adams to the Board of Adjustment. Motion was made by Commissioner Ferring to reappoint Frank Adams to the Board of Adjustment. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Lange11otti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion carried. Commissioner Genne11 said she would make her appointment to the B.O.W.S. Board at the next meeting. On the 35th Anniversary Celebration she said it went really well; the bills are coming in and she would give a report at the next meeting. . Regular Meeting, City Commission, June 27, 1994 Page 6 93-94-19 Commission Seat V - David McLeod: Commissioner McLeod thanked Commissioner Gennell for all her efforts for the Anniversary Celebration. Commission Seat I - John V. Torcaso: Commissioner Torcaso reported that Jim Dasher, who had been a member of the Code Enforcement Board for many years, that his wife has passed away. He asked that the Mayor send a letter of sympathy. Commissioner Torcaso also stated that Commissioner Gennell should be given a well done for the Anniversary Celebration. Commission Seat II - John Ferring: Commissioner Ferring recommended Gene Lein be appointed to the Planning & Zoning Board. Motion was made by Commissioner Langellotti to appoint Gene Lein to the Planning & Zoning Board. Seconded by Commissioner Gennell. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioenr Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. Co~issioner Ferring recommended James Greene be reappointed to the Board of Adjustment. Motion was made by Commissioner Torcaso, seconded by Commissioner Langellotti to re- appoint James Greene to the Board of Adjustment. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion passes. . Commissioner Ferring recommended William Ramsey be appointed to the B.O.W.S. Board. Motion to approve the appointment of William Ramsey to the B.O.W.S. Board. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Mayor's Office - John F. Bush: Mayor Bush said he has had several requests from different organizations for the City to take a stand on the gambling issue. Mayor Bush is to send a letter saying the City is not in support of casino gambling in Seminole County. Mayor Bush asked the City Manager to look into the retention pond problem on Seneca. Motion was made by Commissioner Gennell to place on the agenda and approve Resolution No. 741, approving entering into an Interlocal Cooperation Agreement with Seminole County, etc. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Mayor Bush read Resolution No. 741 by title only. Motion was made by Commissioner Gennell to place on the agenda and approve the Anti Drug Abuse Formula Grant. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. . Meeting was adjourned 10:25 p.m. 7.~ ,MAYOR . BUSH Respectfully submitted, M~~t~ City Clerk