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HomeMy WebLinkAbout1994 03 14 City Commission Regular Minutes . . . 93-94-10 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 14, 1994 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Deputy Mayor John V. Torcaso at 7:30 p.m. For the invocation Commissioner John Ferring asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Deputy Mayor John V. Torcaso. Roll Call: Mayor John F. Bush, absent 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 Motion was made by Commissioner Langellotti to approve the minutes of February 28, 1994. Seconded by Commissioner McLeod. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion carried. Public Comment: David Hurt, Northern Way, spoke in reference to Item B, Final Engineering, Florida Country Clubs, Inc. Parcels 1, 3, 4 and 5, and he wanted to talk specifically about Parcel 4. He said the only thing he would not want to see tonight is a final judgement rendered without discussion. Harold Scott, Swan Street, said he was going to address Ord. No. 547, but since Mayor Bush was absent he said he would withhold discussion until a later date. Mr. Scott said he wanted to speak in reference to Res. No. 738 and 739. John Morgan, Troon Trace, spoke in reference to mandatory garbage bills on the tax rolls and asked if he would get reimbursed when he is out of the City. Public Hearing and second reading of Ord. No. 556, vacating, abandoning and closing that seven and one-half foot drainage and utility easement located to the rear of Lot 17, Glen Eagle, Unit 1, etc.: Deputy Mayor John V. Torcaso read Ord. No. 556 by title only on second reading. Deputy Mayor Torcaso recessed the Commission Meeting and opened the public hearing. No one spoke for or against the ordinance. Deputy Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Langellotti to approve Ord. No. 556. Seconded by Commissioner Gennell. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion carried. Item C. First reading of Ord. No. 557, amending Ord. No. 528, providing for franchise fee for Bellsouth Telecommunications, Inc., etc. and Item D. First reading of Ord. No. 558, providing for franchise fee for United Tele- communications, Inc., etc. were tabled. . . . Regular Meeting, City Commission, March 14, 1994 Page 2 93-94-10 Miniature Golf Course, (Putt-putt)-Request approval to purchase and construct at Central Winds Park: Motion was made by Commissioner Langellotti that we approve this request to purchase and construct a putt-putt course out at Central Winds Park. Seconded by Commissioner Ferring for discussion. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Ferring, aye; motion carried. Resolution No. 738 supporting the efforts of 1000 Friends of Florida, Florida National Scenic Trails Advisory Council, USDA Forest Service and Florida Trail Association for the protection and acquisition of the Lake Jesup Greenway by the Florida Dept. of Environmental Protection, etc.: Motion was made by Commissioner Gennell to approve Resolution No. 738. Seconded by Commissioner Ferring for discussion. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, no; Commissioner Ferring, no; Commissioner Langellotti, no; motion failed. Resolution No. 739 supporting and approving H. B. 2075 creating the "Friends of Lake Jesup," a Lake Jesup restoration and basin management team, etc.: Motion was made by Commissioner Gennell to approve Resolution No. 739. Seconded by Commissioner Ferring for discussion. Discussion. Vote on the motion: Commissioner McLeod, no; Commissioner Ferring, no; Commissioner Langellotti, no; Commissioner Gennell, aye; motion failed. Final Engineering-Florida Country Clubs, Inc.-Parcels 1, 3, 4 and 5-(revised designation-Arrowhead at Tuscawilla Unit 1): Attorney Kruppenbacher explained the City received a letter today that raised issues regarding the Settlement Agreement and whether or not it reflects what we actually agreed to in the Settlement. Attorney Kruppenbacher recommended the Commission proceed forward this evening on Parcels 1, 3 and 5 and that a Special Meeting be called for Monday night for Parcel 4. David Hurt, Northern Way, spoke to the Commission. He explained that he faces the fourth fairway and is affected by Parcel 4 as it is now known. He said he believes before it may have been known as Tract 6. He said he spent considerable time reviewing everything with regard to the court directed mediation which was presided over by Judge Claude Edwards on May 5, 1992. On May 11, 1992 the City Attorney briefed the Commission and the public on the settlement. With regard to what is now Parcel 4, what was then known as Tract 6, it was quite specific. It indicated that there would be three lots and that they would be positioned west of Greenbriar Lane and east of Shetland Avenue. Mr. Hurt said they were told at that time and also it is Mr. Khemlani's understanding and the property owners understanding that the mediation terms were binding both on the City and on the Florida Country Clubs Inc. Florida Country Clubs had sued the City and Seminole County Court directed it to mediation and this was the report out of mediation. Mr. Hurt said the thing that is missing in the May 1993 recap of the Settlement Agreement prior to signature by the City, it appears that (Mr. Hurt explained he was not present) the discussion east of Shetland has dropped out and at the May 10,1993 meeting Mr. Kern, City Planner discussed acreage. Mr. Hurt read from the minutes "Parcel 4 is at the 4th tee", and the 4th tee is positioned just slightly east of Shetland or at about Shetland explained Mr. Hurt. Regular Meeting, City Commission, March 14, 1994 Page 3 93-94-10 . Mr. Mikes explained that at the mediation hearing he was asked to build very exclusive housing on Parcel 51 next to the Club House instead of the 190 apartment units. He said he did that, he signed a contract and has a closing next week. Discussion. Motion was made by Commissioner Ferring to approve final engineering for Parcels 1, 3 and 5 with the provisions of the 15 foot easement that will be addressed and also on Parcel 4, a special meeting be called on the 21st of March at 7 p.m. to address this particular parcel. Seconded by Commissioner Lange110tti. Discussion. In discussion Commissioner McLeod asked about the 30 foot easement on Lot 17, Parcel 5, which was not on the drawing. Mr. Mikes explained it will appear on the deed to the lot. He said there is an agreement between the six affected property owners and himself and it will be reflected in the deed. He said if he fails to live up to that, each one of those six affected property owners will get $5,000 from him. Mr. Mikes said he signed that as well as the Country Club signed it. Attorney Kruppenbacher said he will prepare an appropriate written agreement that Mr. Mikes can execute making those parties beneficiaries. Commissioner McLeod asked that Attorney Kruppenbacher have that document for the Monday 21st meeting. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; motion carried. Deputy Mayor Torcaso called a recess at 8:40 p.m. and called the meeting back to order at 8:48 p.m. . Vistawi11a Drive-Opening: Attorney Kruppenbacher summarized what traditiona11y,happens in this City with regard to roads. He said roads are planned, they are built by developers and then their engineering is reviewed; they are signed off by the engineer, bonds are prepared for maintenance and performance and then the developer tenders the road to the City. The City generally accepts the road or says they won't accept it until certain improvements are made. Attorney Kruppenbacher said we rely on Tipton & Associates to review and calculate our impact fees regarding our transportation issue. He said there are two issues here, one is the acceptance of Vistawi11a based on the engineering representations that it has been constructed properly and the appropriate bonds legally have been tendered, and a decision as to the impact fee credit Mr. Tipton recommends is correct. Attorney Kruppenbacher said he is not here to speak on issues regarding this road other than to represent to you that the City Manager, who has advised me that the engineering review of the road indicates it has been built in accordance with the City's specifications. Attorney Kruppenbacher said he is here to advise the Commission that an appropriate bond has been tendered to the City in the amount of $34,000, and Mr. Tipton has recommended an impact fee credit that is combined both in his letter of January 28th and March 10, 1994. He said Vistawi11a is engineering wise done, bond wise done and this is the recommendation regarding impact fees from the engineering consultant. That decision to accept the improvements and permit the credits as recommended by Tipton would be a different motion than to say in accepting it we are also telling the City Manager to go ahead and open up the road to traffic. . . . . Regular Meeting, City Commission, March 14, 1994 Page 4 93-94-10 Motion was made by Commissioner Langellotti that we record the plat, accept the improvement and provide the effective credit as recommended by Mr. Tipton subject to the appropriate agreement. Seconded by Commissioner McLeod. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Ferring, no; motion carried. Motion was made by Commissioner McLeod that we go ahead and have the opening for April 1 based on the fact the Police Department and the City Manager gives the clearance and has inspected the street part that is opening on April 1, 1994. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod,aye; Commissioner Ferring, no; Commissioner Langellotti, aye; motion carried. City Manager John Govoruhk: Manager Govoruhk said he will be placing the Stormwater Master Plan on the Agenda for March 28th. Manager Govoruhk reported Commissioner Gennell has volunteered to assume the 35th anniversary project. City Attorney Frank Kruppenbacher: Attorney Kruppenbacher said the City has been sued by Dr. Earley regarding the denial of his proposed project in the Ranchlands. He recommended that members of the Commission and the Staff have no discussion with anyone regarding this lawsuit. Attorney Kruppenbacher said we have also received a lawsuit from Florida Dept. of Community Affairs once again alleging issues whether or not our Comprehensive Plan is in compliance regarding the subsequent amendments that were made. Attorney Kruppenbacher reported briefly on the telephone franchises. Commission Seat II - John Ferring: Commissioner Ferring reported on the meeting he attended in the City of Oviedo. He said it came to his knowledge that the developer who is involved with this City was appearing before the City of Oviedo Planning Agency to request platting for commercial property on Winter Springs Boulevard. Commissioner Ferring said he appeared at the meeting because the parcels in question were on Winter Springs Boulevard, which the southernmost boundary is conveyed to us a 10 foot easement in Parcel l4C, which is in the City of Winter Springs, all the way to S. R. 426. That easement was put there for a reason and they wanted to know why. Commissioner Ferring suggested they talk to our attorney. Commissioner Ferring said the main purpose of this was to put the City of Oviedo on notice that any developer who is figuring they are going to be developing property, that somewhere in the future a road may be cut through from another area, they had better think twice about it because that easement is there. Commissioner Ferring also asked how did the greenway go over our easement and are we entitled to some remuneration. Commissioner Ferring asked for a Workshop with D.O.T. regarding the widening of SR 434. Commission was in agreement to meet with the Dept. of Transportation. . . . Regular Meeting, City Commission, March 14, 1994 Page 5 93-94-10 Commission Seat III - John Lange11otti: Commissioner Lange110tti said he wanted to compliment the Code Enforcement Officers as they have been doing a great job with the new citation system. He also asked about the street sweeper. Commission Seat IV - Cindy Genne11: Motion was made by Commissioner McLeod that we put the Beautification Board of Winter Springs Master Plan on the next meeting. Seconded by Commissioner Genne11. Discussion. Vote on the motion: Commissioner Genne11, aye; Commissioner McLeod, aye; Commissioner Ferring, aye; Commissioner Lange11otti, aye; motion carried. Commission Seat V - David McLeod: Commissioner McLeod emphasized the importance of the LDR's and suggested the Commissioners start reading them. Mayor's Office Deputy Mayor John V. Torcaso recommended John Baker be appointed to the Commerce and Industry Board. Motion was made by Commissioner Lange110tti to approve the appointment of John Baker to the Commerce & Industry Board. Seconded by Commissioner Genne11. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Ferring, aye; Commissioner Lange11otti, aye; Commissioner Genne11, aye; motion carried. Clara Flannagan of Quest Properties, spoke to the Commission regarding a permit for Lot 44. She explained the plot plan was submitted with a zoning violation and was two feet into the side setback. Attorney Kruppenbacher said the Commission can accept the recommendation to allow them to correct the two feet by moving the two feet over into the adjacent easement property. There is no impact to any abutting property. Motion was made by Commissioner McLeod to put this item on the agenda. Seconded by Commissioner Genne11. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange11otti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; motion carried. Motion was made by Commissioner Ferring to approve to excuse the error of Quest Properties subject to their filing the appropriate documents with the City Manager correcting the two feet by moving the line onto the other adjacent property on the representation that there is absolutely no negative impact to anyone and the investigation of both staff and legal counsel represent to you it was an error on the part of the person reading the survey. Seconded by Commissioner Lange11otti. Discussion. Vote on the motion: Commissioner Lange11otti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; Commissioner Ferring, aye; motion carried. Terry Back, Seneca Boulevard, spoke about additional traffic on Seneca Boulevard. He said the concern is of outside residents cutting through Vistawi11a or Seneca Boulevard in order to bypass the City of Oviedo. Meeting was adjourned 9:45 p.m. . . . Regular Meeting, City Commission, March 14, 1994 Respectfully submitted, ~j:~ Mary T. Norton, City Clerk Approved: Jlf-ru3 ~ ,MAYOR Page 6 93-94-10