Loading...
HomeMy WebLinkAbout1994 01 24 City Commission Regular Minutes . . . 93-94-7 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JANUARY 24, 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 7:30 p.m. The invocation was given by Dr. Craig Culbreth, pastor of the First Baptist Church of Winter Springs. 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 L. Ferring, present John Lange11otti, present Cindy Genne11, present Approval of minutes of January 10, 1994: the minutes stand approved as presented. there were no additions or corrections; Mayor Bush presented City Manager John Govoruhk a plaque of appreciation for his 20 years of service as police chief. Public Comment: Tom Brown, Adidas Road and member of the Planning & Zoning Board, commended the Commission for the support they have shown to the P&Z Board. General Agenda Appointment to fill vacancy in Commission Seat/District 5: Mayor Bush explained that hopefully the Commission will make a decision to fill the vacancy this evening, but that person will be sworn in on Feb. 14, 1994. Commissioner Ferring said this is always a very sad and happy time. Sad to the fact that we have lost a very dedicated commissioner in Seat 5, Commissioner Kaehler who has spent many years and many hours working for the residents of this City. He said it is also a happy time because it makes room for somebody else to come on board and pay their dues. Commissioner Ferring explained the article in the paper said there were four candidates, but now it is down to two candidates. Of the remaining two he said he wanted to nominate one who has done an outstanding job and dedicated himself over and above for the years that he has worked on the Planning & Zoning Board. Commissioner Ferring said it gives him an honor to nominate Mr. David McLeod. Seconded by Commissioner Lange11otti. Discussion. Vote: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Lange11otti, aye; Commissioner Genne11, aye; motion passes. Mr. McLeod thanked the Commission, and said at this time he is resigning as Chairman of the Planning & Zoning Board. Mr. McLeod will be sworn in and take office on February 14, 1994. . Regular Meeting, City Commission, Jan. 24, 1994 Page 2 93-94-7 Presentation by Y.M.C.A.: Mr. Paul Garcia said he was here this evening representing the Seminole County YMCA. He said his purpose is twofold, first to heighten the awareness regarding the year round school issue that is already prevalent in Winter Springs. Starting in July of this year all 18 elementary schools and four more of the middle schools, completing all the middle schools in Seminole County will be going year around. He said as a result of that they have taken on the commitment as part of their mission as a non- profit organization in this community and a major child care provider to fulfill that child care need. He said the second reason for being here this evening is to request from the City a couple of items as a form of support in their endeavour to pursue the complex task and struggle trying to provide that child care need. Mr. Garcia said there are approximately 30,000 students that are in the e1ementary- middle school age brackets. He said there are single tract sessions and multi tract sessions, and with the result of those intersession periods when the children are going to be off, there will be approximately with the multi tract sessions 20% of the student population off at anyone time on a year round basis. With the single tract schools in June for five weeks in October and February for three weeks there will be 100% of the children off. He said how this really effects the City of Winter Springs, basically what they are looking for is for the YMCA to facilitate the needs in providing the child care at some sites strategically located in the County. He said the two locations they are looking at in Winter Springs are Sunshine Park including the Civic Center and the back piece of the property at Central Winds Park. . Mr. Garcia said it is their mission to always, regardless of one's financial status, to find a program to fit their needs. Commissioner Ferring said Commissioner Genne11 should be applauded for bringing a program this progressive into the City. He said what this actually does for the residents of Winter Springs is that it is going to provide a child care and summer youth program for the children of Winter Springs. Commissioner Lange110tti asked about the $1,000 per month the City will provide the YMCA. Manager Govoruhk explained with the present City program more money was expended than was collected. He said with their proposal we feel that it is going to be a better program for the City, for the residents and for the children. Mr. Richard Denny and Lawrence Conniff spoke in discussion. Motion was made by Commissioner Genne11 that the City accept the presentation as made by the YMCA to conduct the intersession day care programs and all the programs that they can work out with the City for the welfare and benefit of the children of the City. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner Torcaso, aye; motion passes. . Attorney Kruppenbacher said he understands the motion is authorization for the City Manager to now engage into negotiations with the YMCA for a formalized agreement with the City. . Regular Meeting, City Commission, Jan. 24, 1994 Page 3 93-94-7 Presentation by BOWS Board: Gladys Zahand, member of the Beautification of Winter Springs Board, presented to the Fire Department for first place for a City building, and the Tuscawilla Club for first place for a private business for the Holiday Contest. awards Country Public Hearing and second reading of Ord. No. 551, establishing a fee to be paid each member o~ a Board appointed by the City Commission, etc.: Attorney Kruppenbacher read Ord. No. 551 by title only on second reading. Mayor Bush recessed the Commission Meeting and opened the public hearing. No one spoke for or against the ordinance. Mayor Bush closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Ferring to accept Ordinance No. 551 as read. Seconded by Commissioner Langellotti. Discussion. Attorney Kruppenbacher asked the record to reflect that when this originally came up, one of the supporting justifications for this ordinance was that it was deemed to be a potential encouragement for single parents who would have to pay the cost of care for their children to be able to participate or be members of our boards. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. . Public Hearing and second reading of Ord. No. 554 amending Sec. 14-52, Code of the City of Winter Springs as adopted by Ord. No. 411, etc.: Attorney Kruppenbacher read Ord. No. 554 by title only on second reading. He said basically this recreates and establishes the Board of Trustees for the City Pension Fund. Mayor Bush recessed the Commission Meeting and opened the Public Hearing. No one spoke for or against the ordinance. Mayor Bush closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Langellotti to adopt Ord. No. 554. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; motion passes. Commissioner Ferring said at this time he would like the Commission to put on the agenda a few of the items that came about as a matter of urgency while the City Manager was ill. The first item involves a situation where some citizens will be denied moving into their homes unless we make a decision on this motion and that is Morrison Homes. The second item would be Seminole County has asked the City for a letter of support to beautify 17-92 and they need that letter by Jan. 26, 1994. The last item would be to name the Board of Trustees for the Pension Fund so they can get on with their business. Motion was made by Commissioner Ferring to place all three items on the agenda. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. . . Regular Meeting, City Commission, Jan. 24, 1994 Page 4 93-94-7 Manager Govoruhk explained the only action to be taken is to accept the water, sewer, sidewalks and the fire hydrants. All departments have inspected and recommend the City accept the improvements. Motion was made by Commissioner Ferring for the acceptance of the improvements of Georgetowne Unit III. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner Torcaso, aye; motion passes. Motion was made by Commissioner Ferring to authorize the City Manager to send a letter of support to the Seminole County Manager in hope that there is a grant given to beautify 17-92. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. Motion was made by Commissioner Ferring for each Commissioner to appoint a member to the Board of Trustees of the Pension Board; Commissioner Ferring nominated Brian Fricke; Commissioner Langellotti nominated Joel Berk, 725 S. Endeavor Street; Commissioner Gennell nominated Seymour Berman; Commissioner Torcaso nominated Art Hoffmann. Seconded by Commissioner Langellotti. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. . Tuscawilla Parcel 64F-Discussion of City of Oviedo Small Scale Land Use Amendment to the Comprehensive Plan (property to the immediate east of Seneca Drive and on both sides of Winter Springs Boulevard): Mr. Scott Culp of Vision developers said he represents Richland Tuscawilla Limited, which is the owner of parts of the undeveloped property in the Tuscawilla Planned Unit Development which includes the property we will discuss this evening, both Tuscawilla Parcels l4C and Seneca Bend property which used to be Tuscawilla Plaza Tract C. Mr. Culp passed around maps showing the intersection of Winter Springs Boulevard and Seneca Boulevard. The map showed the section both in the City of Oviedo between Seneca and the Expressway and the section in the City of Winter Springs which is essentially between Seneca and including Seneca over to the creek. Mr. Culp explained presently the zoning on that property in the City of Oviedo, all the parcels between the City line which is essentially at Seneca Boulevard over to the expressway, is currently zoned C-2 Commercial. In C-2 the approved uses in the City of Oviedo include offices, daycare, drug stores, repair shops, retail sales, convenience stores, dry cleaners, banks, equipment rentals, mini-warehouses, motel, hotel, restaurants, veterinarians, motor vehicle sales and car wash. In the City of Winter Springs in accordance with the Settlement Agreement, it was dated in September 1990, the l4C parcel which is north and south of Winter Springs Boulevard from Seneca over to the creek is approved for 125 single family units. That is what exists today. . Mr. Culp said what we are before you with today is a proposed revised land plan to both in the City of Oviedo, and that is the primary item before you this evening, and we are submitting a new proposal for the development of l4C. . Regular Meeting, City Commission, Jan. 24, 1994 Page 5 93-94-7 Mayor Bush asked Mr. Culp if this has been presented to our Planning & Zoning Board and Mr. Culp answered no it has not. He said he was invited by Don LeBlanc. Mr. Culp said they have submitted all of this to the City Staff, everything in the City Parcel l4C has been submitted and it will go to the P&Z Board and the Commission. He said the reason it is here now is because they are tracking simultaneously with the City of Oviedo and one portion of the property in the City of Oviedo is proposed for access onto Seneca which is the City of Winter Springs right-of-way. Attorney Kruppenbacher explained in terms of protocol the procedure in the City is to go from Staff to P&Z then to the Commission, and that is why the Commission was asking what is this. It has not gone through the process, and Attorney Kruppenbacher apologized to Mr. Culp for his being here, but he said we are ahead of the process and not where we ought to be. Mr. Culp said he was responding to the request by the City. He explained they submitted to the City of Oviedo prior to the City of Winter Springs because they have a Comprehensive Plan amendment and a rezoning and a developers agreement to go through if they want to change the City of Oviedo land parcel from commercial to residential. He said in the City of Winter Springs they have an approved land use for residential and they do not need a comprehensive plan amendment and a rezoning, so the timeframe would necessitate that he go to the City of Oviedo first to coordinate the development of this property and the same timeframe on the both sides of Seneca. . Mr. Culp explained there is existing commercial property in the City of Oviedo that they have asked the City of Oviedo to change their Comprehensive Plan and down zone to single family residential and that is just north of the corner of Seneca and Winter Springs Boulevard. The corner itself which is approximately 2.3 acres would remain commercial. They are at this point marketing to daycare users to try to get a daycare provider on that corner. North of that corner they are requesting approval from the City of Oviedo for a total of 22 units to go on the 6~ acres to the north of the proposed daycare site, again in the City of Oviedo. He said because residential access is not real feasible and attractive against the expressway, the most feasible access point for these '22 units would be onto Seneca Boulevard at the entryway, kind of half way point between Chelsea Woods and Winter Springs Boulevard. Mr. Culp said at this point they are proposing a down zoning in the City of Oviedo. The City of Oviedo Land Planning Agency has approved that and recommended it for approval. There are concerns regarding the access point from the City of Oviedo community of residential lots maximum of 22 lots to Seneca Boulevard, and he would like to address that issue. He said he would like his traffic engineer to address the traffic issue and the Commission was not in favor of hearing the presentation at this point. Mr. Partyka, Oswego Court, spoke on behalf of the Chelsea Woods Homeowners Association and said they favored the residential option. Richard Kahan, Tioga Court, spoke in favor of the modified plan for the residential development. Kathy Taylor, Seneca Boulevard, asked why does making that section residential preclude the egress onto Winter Springs Boulevard rather than Seneca. . . Regular Meeting, City Commission, Jan. 24, 1994 Page 6 93-94-7 Lawrence Erlich, Seneca Boulevard, favored the residential plan. Stephen Esler, Oneida Lane, spoke about the utilities. Commissioner Langellotti suggested the City should pursue annexing that parcel of property. Jim Mathews, Seneca Boulevard, said he is a member of the Chelsea Woods Homeowners Association. The proposed development along Seneca is literally on the doorsteps of each of the 285 residential property owners in Chelsea Woods. He said none of us will access our homes except through a corridor which includes the development from both sides of this street, Seneca Boulevard. He said it is going to impact his neighbors and his family for as long as he lives there and as long as they live in Chelsea Woods. Mr. Mathews said unlike other parts of Tuscawilla, Chelsea Woods will not be separated by golf courses or conservation areas from this new development. It will be right next door. He said a low density development such as the one proposed appears reasonable. He said he spoke to 40 of his neighbors in Chelsea Woods and not one would favor total commercial development of that parcel. . He said Mr. Duda has lots of commercial property for anybody who wants it. Mr. Mathews said he wanted to insure the impact of this new development is considered and that it is dealt with properly. He said new neighbors mean more traffic. He said they want to minimize its impact not only to the people who live in Chelsea Woods now but for the people who are going to be our neighbors. He said he hopes to insure that this development is going to optimize and not compromise the quality of life of his family and his neighbors, retaining the character of the area that is already established in Chelsea Woods, and insuring that this area is developed for low density residential. He said he would like to insure that it remain residential and maintain the same character as the rest of the area that is in the surrounding locality. Steven Stanforth, Seneca Boulevard, asked about the levels of service to be provided. Mayor Bush closed the public hearing and called a recess at 9:20 p.m. The meeting was called back to order at 9:30 p.m. Resolution No. 731, expressing appreciation to Cindy Kaehler, etc. Resolution No. 732, expressing appreciation to Bill Shafer, etc.: Attorney Kruppenbacher read Resolution No. 731 and 732 by title only. Motion was made by Commissioner Langellotti to adopt Resolution No. 731 and 732. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; motion passes., Appointment to Code enforcement Board: Motion was made by Commissioner Langellotti to appoint Ken Haines, 1115 Aloha Court, to the Code Enforcement Board. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. . Request for endorsement of Council of Local Government's appointment of Oviedo Councilman Tom Hagood to the Seminole County Expressway Authority: Motion was made by Commissioner Torcaso to endorse the appointment of Tom Hagood to the Seminole County Expressway Authority. Seconded by Commissioner Gennell. . . . Regular Meeting, City Commission, Jan. 24, 1994 Page 7 93-94-7 Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Gennell, aye; Commissioner Torcaso, aye; Commissioner Langellotti, aye; motion passes. City Attorney Frank Kruppenbacher: Attorney Kruppenbacher explained that in order for instructions to be given to the bank to do anything it is currently to be done by the Chairman of the Pension Board, and only if he becomes incapacitated does the City Manager or his designee fill that roll. The bank would prefer an alternative that is available at all times, and Attorney Kruppenbacher recommended that the City Manager or his designee be designated. Motion was made by Commissioner Torcaso to authorize the City Attorney to take the legal steps to give the City Manager or his designee the authority correspondent with the Board Chairman. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner Torcaso, aye; motion passes. Attorney Kruppenbacher said on the next agenda will be two franchises for the Commission to review. A franchise with Southern Bell and a franchise with United Telephone, and there will be some policy decisions for the Commission to decide and guidance to be given on certain issues. Attorney Kruppenbacher said he received a large thick packet from Iron Bridge in regards to a bond-financing. He said to put this on the next agenda and invite the people here to explain the document. City Manager John Govoruhk: Manager Govoruhk spoke about the City of Winter Springs signs on the expressway. He said he spoke with their public relations and they said the Winter Springs signs will be put on about Winter Springs Boulevard letting everybody know Exit 44 which will be SR 434 exit going towards Oviedo and Winter Springs. Also the sign is already in- stalled coming from Sanford in the middle of the bridge plus just before exiting on SR 434. Manager Govoruhk said the City has been recertified and recommended for Tree City USA for 1993 and the program will be extended throughout the City. Manager Govoruhk reported the Cody contract has been sent out. Commission Seat III - John Langellotti: Commissioner Langellotti asked if the arbor fees that the residents pay to the City are dedicated to the BOWS Board. Manager Govoruhk explained the Commission did that last year. Commission Seat IV - Cindy Gennell: Commissioner Gennell said last week she went to a meeting of the Rails to Trails Conservancy. She said she has information on how to acquire the roadbeds from the railroad to make trails and funding and she would be putting some information in the Commissioner's boxes. Commissioner Gennell said she has been working with the Lake Jessup group. They are drafting legislation to become a legislative group to try and reclaim Lake Jessup and clean it up. . . . Regular Meeting, City Commission, Jan. 24, 1994 Page 8 93-94-7 Commission Seat I - John V. Torcaso: Commissioner Torcaso spoke about the Seminole County Prayer Breakfast that is held every year for all elected officials. He said this year the guest speaker will be Bobby Bowden. He encouraged the Mayor and Commissioners to attend. Commission Seat II - John L. Ferring: Motion was made by Commissioner Ferring to put the arbor ordinance fees into the line code budgeted item of the Public Works Department, subject to confirmation that the ordinance does not mandate where it goes. Seconded by Commissioner Lange11otti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Lange11otti, aye; Commissioner Genne11, aye; motion passes. Mayor's Office - John F. Bush: Motion was made by Commissioner Torcaso to appoint Commissioner Genne11 to be the City's representative to the Council of Local Governments. Seconded by Commissioner Lange11otti. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange11otti, aye; Commissioner Genne11 , aye; Commissioner Torcaso, aye; motion passes. Motion was made by Commissioner Torcaso that Mr. Don Rudolph be appointed to the Seminole County Impact Fee Citizens Advisory Committee. Seconded by Commissioner Lange11otti. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange11otti, aye; Commissioner Genne11, aye; Commissioner Torcaso, aye; motion passes. Mayor Bush said the School Board would like to have a workshop meeting with the Commission. A Workshop Meeting was called for Feb. 7, 1994, 7:00 p.m. to discuss the use of the high school and the inter1oca1 agreement. Mr. Art Hoffmann, Mt. Laurel Drive, reported recently the railroad has been running a train through on a Sunday evening, and he asked if someone could find out why they run the train late on Sunday evenings. Meeting was adjourned 10:00 p.m. Respectfully submitted, ~r~ Mary T. Norton, City Clerk Approved: ~ 7 ~MAYOR JOH . BUSH