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HomeMy WebLinkAbout1992 04 27 City Commission Regular Minutes . . . 91-92-14 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS APRIL 27, 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, absent Also present: Attorney Keith Bricklemyer The invocation was given by City Manager Richard Rozansky and the pledge of allegiance to the flag was led by Commissioner Terri Donnelly. Approval of minutes of March 23, 1992 as amended and April 13, 1992: There were no additions or corrections; the minutes stand approved as presented. Public Comment: Gene Lein, Winged Foot Circle and representing Country Club Village Homeowners Association read his letter as follows: "We the officers and members of the Board of Directors of Country Club Village Homeowners' Association, having been authorized by the General Membership in a vote taken on April 14, 1992, do hereby petition the City of Winter Springs in the matter of establishing a Special Taxing District for the Country Club Village Subdivision of Winter Springs. This would commence with the taxable year 1993 and would be for the sole purpose of collecting the cost of its street lighting. Country Club Village Homeowners' Association and the City of Winter Springs would enter into an agreement to have these funds collected under a non ad valorem tax line to be disbursed to Florida Power Corporation." Mayor Kulbes said this would be discussed at the May 4, 1992 Workshop for special taxing districts. James Ferguson, Orange Ave., read a letter into the record which is attached to the minutes. Public Hearing for Ordinance No. 513, amending, revising and replacing in its entirety the Comprehensive Plan of the City of Winter Springs, Florida, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 513 by title only on second reading. Mr. Fred Goodrow, Henigar & Ray, the City's consultants on the Comprehensive Plan, was present to speak to the Commission. He said the Commission has the final public hearing document with all the revisions that have been directed by the Board. It also contains a concurrency management system that sets out procedures for monitoring and insuring compliance with a level of service standard policies that are in the document. Sandy Darby, a representative from the Dept. of Community Affairs located at 2740 Centerview Drive, Tallahassee, Florida, was present to speak to the Commission. She thanked the City for the invitation to attend the public hearing. She said as the . . . Regular Meeting, City Commission, April 27, 1992 Page 2 91-92-14 Department's representative she is authorized to restate their position as expressed in their Oct. 12, 1991 Objections, Recommendations and Comments Report and to listen to all parties. She said although she can comment on proposals to resolve objections she cannot modify the Department's position or approve proposals discussed this evening. Final approval of any proposal may only be granted by the Secretary of the Department of Community Affairs, and she said the Department's role with respect to approving proposed revisions will begin upon adoption and submittal of the Comprehensive Plan pursuant to Chap. 9J5, Florida Administrative Code. She said she would be available during the public hearing to answer any questions. Mayor Kulbes recessed the Commission Meeting and opened the public hearing for comments from the public for or against our Comprehensive Plan. Glenn Marvin, Winter Springs Boulevard, raised two issues, one regarding the vesting language in the Land Use Section, Goal 3, Objective A, Policy 8. Greg Kern, the City Planner, read into the record the new Policy: "The City shall adopt land development regulations to provide for the issuance of a vested rights special use permit. When the City or court of competent jurisdiction determines that an owner has relied in good faith on an act or omission of the government that creates development rights and the owner has so substantially changed his position that it would be inequitable to apply the requirements of this plan in any way that would deny the development rights previously acquired." The City Planner explained this will be added to the final version. The second issue raised by Mr. Marvin was in the conservation element, with regard to the Policy C-2 which he felt amounts to a 25% taking of developable acreage, and he said it is "unfair". Don McIntosh, 2200 Park Ave., Winter Park, said he was representing four landowners in the City of Winter Springs. Mr. McIntosh spoke about his concerns with the conservation element. He spoke about his concern with the mixed use land designation on the Springs Land tract of land, and asked that be changed to commercial. Another concern is the adoption of specific language concerning vested rights. On page 17 he suggested that market demands should be one of the priorities and one of the goals, and he said it is absent. Mr. McIntosh spoke about pages 32, 33, 34 and 73, and asked that he be allowed to review the concurrency management system. Jenny Thomas, Spring Avenue,in Seminole County, said the community of Clifton Springs should always remain conservation and the most low density residential land use is the most that should ever occur there. Carol Coulon Woods, Vistawilla, read a letter from the Tuscawilla Homeowners Association, dated April 24, 1992, into the record, and this letter is attached to the minutes. Robert King, Black Hammock, spoke about the coordination with the Expressway Authority. He said the Expressway Authority is the proper people to coordinate with on the engineering around the interchange and for land use density the County Planning Department . . . Regular Meeting, City Commission, April 27, 1992 Page 3 91-92-14 should be contacted. Jim Mikes, Florida Country Clubs, Inc., said his purpose for coming here this evening is to put on the record the fact that they do object to the land use classification that has been applied to their property. He presented a letter summarizing his comments which are attached to the minutes. He said for the record they do object to a recreational designation on all 243 acres, when only 190 acres are golf course. Dennis Wells, Attorney representing the Cascells family, spoke about their concerns. He said this plan may legislate growth out of existence. He asked if the classification of conservation is really necessary and in some cases property owners rights may be affected to such an extent that in some cases may amount to a taking. Hugh Harling, Harling Lochlin & Associates, Courtland Ave., Orlando, explained the definition of conservation in the State of Florida is different than our definition in Winter Springs, and he said we need to check the definitions, and he said he would not yield on the 25% and would not give that to the State. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Mayor Kulbes then called a recess at 9:10 p.m. and called the meeting back to order at 9:20 p.m. Motion was made by Commissioner Torcaso that the 25% be changed to area be at the discretion of the City and buffers be zoned minimum Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Langellotti, aye; motion carried. 10%; the conservation requirements. Commissioner Commissioner Motion was made by Commissioner Torcaso to rescind the prior motion. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Motion was made by Commissioner Torcaso to amend Policy C-2 as listed on page 32 of the Comprehensive Plan from 25% to 10%. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; motion carried. Motion was made by Commissioner Donnelly, to add on page 33, 5-E "unless otherwise approved by all jurisdictional agencies." Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Motion was made by Commissioner Torcaso to approve Ordinance No. 513. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Regular Meeting, City Commission, April 27, 1992 Page 4 91-92-14 . Braewick-Conceptual Plan of remainder of property by Quest Properties (potential purchasers of property): Don LeBlanc, Land Development Coordinator, presented the plan of Braewick that was approved in January of 1987. There were 272 units approved and now they are asking for 227 units. Thomas Skelton, American Civil Engineering Company said there is going to be a significant reduction in the number of units from what was originally approved. There will also be a significant reduction in impervious area and open space will be increased. The issue of the retention area has not been completely answered. Mr. LeBlanc explained this is a conceptual plan only. This was brought before the Commission before they expended monies on final engineering. The preliminary engineering/final development plan that was approved in 1987 had received many variances. Since that time the private roadways have gone to 50 ft. right of ways, but there are 22 ft. right of ways there now. Also granted was a variance for 50 ft. from the water's edge and no sidewalks. Dave Clark, Quest Properties, said our intent is for the roadways and the Homeowners Association and all of those things associated with the original development plan to remain in tact. He said they would like to continue with the private road way systems and because it is an unfinished development that was started, it would be very difficult to mesh 50 ft. roadways with 22 ft. roadways. . Charles Princiotta, Braewick Street, said they have a maintenance system now that takes care of the common grounds, and if this developer is going to put in backyards who is going to care for the common grounds? Mr. Skelton explained these are two different product lines and the backyards would be the responsibility of the new owners. He said the biggest problems they face are they going to be held to the 50 ft. wide easements and sidewalks. Mr. LeBlanc explained the Staff is considering this a modification to the approved preliminary plan/final development plan because this was scheduled to be built in three phases and what was granted in 1987 was good for all three phases. He said they did not want anyone to proceed without the Commission being aware of it. Staff has no objection as long as they meet all the remainder of the code requirements. Motion was made by Commissioner Torcaso to approve the preliminary conceptual plan. Seconded by Commissioner Donnelly. Discussion. Attorney Kruppenbacher said for the record, by the Commission's approval of the preliminary conceptual plan and their subsequent reliance thereon and expenditures of money we will not be permitted at the time that this project comes back for final approval to say they must put in sidewalks and 50 ft. streets. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; motion carried. John Ferring, Baltic Lane, spoke about the Commission's action to amend the plan and asked if that was legal. . Sandy Darby, DCA representative, said when our plan is submitted to DCA, they will review it and the Secretary of the Department will make a determination to find the plan in compliance or not in compliance. If it is not in compliance the City and DCA . . . Regular Meeting, City Commission, April 27, 1992 Page 5 91-92-14 will work through a settlement agreement. Attorney Kruppenbacher said on May 5, 1992 at 9:00 a.m. in his office will be the mediation on the Florida Country Club lawsuit. Judge Edwards will be the mediator. Attorney Kruppenbacher said he was advised of the problem on the road that abuts the park from the storm, and that matter has been referred to the insurance company. City Manager Richard Rozansky: Effluent Reuse System Consulting Engineering Services Amendment 1 to Conklin, Porter and Holmes Agreement: Manager Rozansky explained this is an amendment to the agreement dated Oct. 14, 1991 and covers bidding services, administration of construction services, and construction quality control testing for the 2 MG storage tank and the Wagner's Curve pipeline. The cost for these services is approximately $25,200. Manager Rozansky said subject to the Attorney's approval he recommends Commission accept this agreement. Motion was made by Commissioner Torcaso to accept the extension of this contract in the amount of $25,200. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Ord. No. 521 was removed from the Agenda. Leonard Kozlov, City Engineer, said the City has received letters of intent to issue permits for the borrow pits by the St. John's Water Management District and the Department of Environmental Regulation. Under the law there is a 14 day window where the City is informed and the City has an opportunity to object to the issuance of the permit. Mr. Kozlov said he was bringing this before the Commission because they have rejected the project. Mr. Kozlov said if we decide to go on record and say we object to the issuance of these permits because the Commission rejected the project, and list the reasons, we would establish ourselves in a position and we would be involved in an administrative hearing, and would have to defend our position why we objected to it. Attorney Kruppenbacher said if they have their state permits, the burden is going to be on this City to come up with reasons for them not to have the borrow pits. It was decided to send the minutes of the meeting to show the issues raised by the Commission. Manager Rozansky recommended we invite the Dept. of Transportation here to talk about the entryway. Bob Farley, John Webb & Associates, said we cannot deviate from DOT's requirements which state that in order to do construction, you can only step down the speed limit a maximum of 20 mph through the construction area. Therefore, the temporary road (for about 30 days) must meet a 30 mph speed limit because SR 434 is posted at 50 mph. There is a problem with Florida Power poles and they are willing to work with us. Southern Bell has a junction box that handles 30,000 customers, so the road will have to be relocated and redesigned and then Mr. Farley will have to go back to DOT for their approval. . . . Regular Meeting, City Commission, April 27, 1992 Page 6 91-92-14 Commission Seat IV - Terri Donnelly: Commissioner Donnelly thanked Mr. Rozansky and Mr. Whitsett for the opportunity to tour all our recreational facilities. Commission Seat I - John V. Torcaso: No report. Commission Seat II - Don Jonas: No report. Commission Seat III - Don Whitsett: Commissioner Langellotti asked to have the Special Taxing District which was brought up by Mr. Lein on the agenda. Mayor Kulbes said this could be put on the May 11th agenda. Mayor's Office: Mayor Kulbes said he is scheduling a Workshop for a computer report by the computer people that have donated their time to look at our computer system in the City. Mayor Kulbes spoke about hiring handicapped people. Meeting was adjourned 11:05 p.m. Respectfully submitted, hi ~h 1lhtt:;; ~~~ Norton, City Clerk Approved: YOR