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HomeMy WebLinkAbout1994 04 11 City Commission Regular Minutes ....,...--- .. --- ---------,-.--- :13-94-13 . REGJLAR MEET I NG CITY <:xM11 SSION CITY OF WINTER SPRINGS APR I L 11, 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 Paster David Brett, Lord of Life Church. The Pledge of Allegiance to the flag was led by Mayor John F. Bush. Roll Call: Mayor John F. Bush, Present Deputy Mayor John V. Torcaso, Present City Manager John Govoruhk, Present City Attorney Frank Kruppenbacher, Present Commi ss ioners: John Ferring, Present John Lange1lotti, Present Cindy Genne11, Present David McLeod, Present Mayor Bush stated that Mr. Bill Schaefer from Channel 2 was unable to attend the meeting tonight, the presentation will be rescheduled for a later date. . Mayor Bush said that he is moving item B on the general agenda to the first item on the agenda. Approval of Minutes of Special Meeting of March 21, 1994 and Regular Meeting of March 28, 1994: there were no additions or corrections; the minutes stand approved as presented. Mayor Bush presented Mr. John Baker a Proclamation appointing Mr. Baker as Honorary Historian of the City of Winter Springs, Florida. Genera 1 Agenda: Approval of Amendment to Settlement Agreement between the City of Winter Springs. f10rida and Florida Country Clubs. Inc.: Mayor Bush said he will have public comment on this item at this time and after this item is finished there will be opportunity for public comment on other issues the public wishes to bring before the Commission. / Steve Kropp, 1105 Northern Way, said that he cannot understand why the City would allow development on recreational land in a PUD. Commissioner Ferring said that we have been presented with infonmation tonight regarding changes with the settlement agreement and we should discuss whatever has to be voted on before public input. The Commission was in agreement to this. . A torney Kruppenbacher said that following the last meeting the Commission directed and authorized him to go before Judge Benson in the Circuit Court of Seminole County regarding requesting Judge Benson to find whether or not there was,a 1993 or a 1992 settlement agreement and the whole configuration associateq with the issues of Parcel 4. Judge Benson did not make any decision on the issue. . . . Regu 1 ar Meet i ng City Calmission April 11, 1994 Page 2 Attorney Kruppenbacher said that he and the City Manager have researched docunents to ascertain facts and culminating with today have reached an option that is available to you the Calmission. Attorney Kruppenbacher gave the Calmi ss i on a package wi th three opt ions. Opt i on One: is root i on to approve final engineering of Parcel 4 and the request for Court approval of the Sett 1 ement Agreement current 1 y on file wi th the Court. Opt ion Two: would be a rootion to disapprove final engineering for Parcel 4 based on decision that a mistake was made and the City is prepared to honor its understanding of the mediated settlement which it deans to require 3 lots on Parcel 4. Option Three: Motion to approve Amendment Sett lement agreement No. 1 (which for the record would amend not only the 1993 settlement agreement but would also include an amendment to the 1992 mediation agreement) in accordance with the terms of the Agreement attached hereto with authority for City Attorney to file Settlement Agreement Amendment with Circuit Court and obtain entry of attached Final Order approving Original and Amended Settlement. Attorney Kruppenbacher said that Amendment Settlement Agreement No.1 calls for the following: Parcel 4 which is 7 lots on Northern Way would change to 3 (three) lots; the three lots commencing from the easterly point of Parcel 7 rooving west; The first lot coming west would be approximately 225', the second 225' and the third being the largest would be 375'. the remaining property would then be designated golf property within the concept of the original agreement. Discussion on the lot frontage footages. Jim Mikes property owner/developer stated that the five lots will be turned into three lots, the last two western roost lots will be deleted completely. He said there will be no lot line that will go past the westerly right-of- way line of Shetland Avenue. Attorney Kruppenbacher said the next is Parcel 7, this Parcel would be changed to add an additional 5 lots totaling 13 lots. This property is currently near the tennis courts next to the actual club house. Parcel 8 would go from 38 lots to 39 lots (adding 1 lot). Discussion on the number of lots being added. Attorney Kruppenbacher stated the next item would be as it relates to the lot adjacent to the Fairway Oaks subdivision, depicted as Lot 17 on the engineering for Arrowhead Unit 1, also referred to as Mr. Murdock's issue. Mr. t'k../rdock' s agreement, which is attached, and is marked Exhibit "B", would also be part of the settlement agreement. Attorney Kruppenbacher said that Mikes advised him today that he was in agreement with what Mr. Murdock had tendered with the exception of paragraph number 5. Discussion on if there would be roam to adequately put 13 lots on Parcel 7. Mikes said that Parcel 7 currently has approximately 10 1/2 acres. Mikes went on to say that he has anticipated removing 2 of the 8 tennis courts . Regular Meeting City Camlission Apr i 1 11, 1994 Page 3 which would then be rebuild on the opposite side. Putting three lots along the entrance road and then reducing the size of the acre and a quarter lot to approximately 2/3 of an acre. Camlissioner McLeod said it is his understanding that if we went with option three we would be going back to the original three lots on Parcel 4 and then give the proposal to build up to 13 lots on Parcel 7 provided all engineering comes through the proper Boards; and Parcel 8 we are adding 1 additional lot providing that it can fit within the rules and regulations of all Boards. Discussion. Attorney Kruppenbacher said if the Camlission approves option three, he would like to add (where is says "Now, Therefore...") "FCC I and the City agree to modify the mediated settlement agreement and the original settlement agreement" that way either document is addressed. . Camlissioner Ferring asked if the Camlission agrees to option three, how soon will it get memorialized. Attorney Kruppenbacher said this document subject to what I just added will be hand changed and assuming Mikes and the Mayor can sign it first thing in the morning, it will be taken to Court and if Judge Benson is not in hearings we could get it signed tomorrow, if not it may be Wednesday. Discussion. Mayor Bush opened the meeting for public input. Jim Willis property owner at 1047 northern Way, stated that he does not feel that building homes on Parcel 4 would be compatible to his property across the street. Doug Murdock, property owner who Attorney Kruppenbacher has been in contact with , spoke about his agreement with Mr. Mikes. Discussion between Mikes and Murdock. Mayor Bush interrupted and stated that his appears to be a discussion between you two gentlemen and not with the Camlission. . Martha Pultz, 1039 Northern Way, said in both the 1992 and 1993 Agreements is says the following: "..all these developments should be secure for further approvals and it must comply with applicable City Codes and approvals.." and asked if this development was being done according to the Codes. The Camlission said yes. Pultz also brought up that it was her understanding that Northern Way and Winter Springs Boulevard were major collector roads and according to major collector roads they can no longer have direct driveways into it. Camlissioner McLeod stated that at this present time is being "kicked" back by Tallahassee. Pultz asked about the prices of the homes to be built, stating something fram the 1992 and 1993 agreement. Mayor Bush said that the purpose of option 3 amends the settlement agreements fram 1992 and 1993. He also said that he didn't believe that a . Regular Meeting City CaTmission April 11, 1994 Page 4 settlement agreement could guarantee the price of anything. Mike Jones, representing a Homeowners Association, said that he wanted to thank the CaTmission for the efforts they have make as a Board and wanted to encourage the CaTmission to vote for option 3 with the proviso to make sure that the proper exhibits and all the things are properly attached to the agreement. Attorney Kruppenbacher stated for the record that what the CaTmission has in front of than is the actual docLl1lent that would be presented to the Court with the revision he spoke about earlier. Discussion. Mayor Bush asked the City Attorney to review once more for the CaTmission exactly what he is changing on the docLl1lent. Attorney Kruppenbacher read the agreement with the changes he spoke about. . CaTmissioner McLeod said that he would like to see on the docLl1lent where is says Parcel 7 shall be penmitted to develop a total of 13 lots and a total of 39 on Parcel 8 provided it meets with the local requirements. Attorney Kruppenbacher stated that he is adding this language: "..provided said lots can be developed in accordance with applicable City Codes and any state or Federal regulations". Jones asked how "golf property" is defined. Attorney Kruppenbacher said that it is defined as follows: gulf property shall be used for the purposes of operation of a Country Club, golf course, tennis club, club house, restaurant, golf and tennis teaching, and training facilities school acadany with no on site residences, stonmwater drainage retention/detention for the development property, affluent disposal and related uses. Jones also said for the record that he hasn't seen anything even though the City Attorney has read the agreement and that he would like to review the docLl1lent. Attorney Kruppenbacher gave Jones an agreement to review. Doug Clark, 1004 Nancy Circle, Vice-President of the Woodstream Homeowners Association, wanted to know in what way does this development irJl)act the Woodstream development and if there is any docLl1lentation on it. Attorney Kruppenbacher asked Mikes to speak to Clark regarding his question and concern. . Paul Partyka, 684 Oswego Court, said that City needs to develop a new process that starts from the beginning where anything that irJl)acts people that they are informed to end confusion on the residents part. Mayor Bush said that agendas are posted and information is made available and that is why there are elected CaTmissioners. Marcia Horton, 715 Golf Point Drive, asked if the number of tennis courts will be dropped from 8 to 6. Mikes said that it would stay at 8, and that . Regular Meeting City Camlission April 11, 1994 page 5 the tennis courts, the cafe, the pool will probably have about a million dollars reconstruction in 1995. Lawrence Pultz, 1039 Northern Way, was concerned about the 800' frontage at Parcel 4. He also asked about a wall around the golf course. Attorney Kruppenbacher said that he has not negotiated a wall and does not know anything about a wall. Mayor Bush close the public input and opened the City Camlission meeting. . Camlissioner McLeod moved to approve option 3 and approve the amended settlement agreement No. 1 in accordance with the terms of the agreement attached hereto that with the authority of the City Attorney to file settlement agreement amendment with the Circuit Court and obtain entry of attached final ordered approving original and amended settlement. Seconded by Torcaso. Discussion. Vote: Camlissioner Ferring; aye; Camlissioner Langellotti: aye; Camlissioner Gennell: aye; Camlissioner McLeod: aye; Camlissioner Torcaso: aye. Motion carried. Mayor Bush call a 10 minute break. order at 9:00 p.m. Mayor Bush called the meeting back to Mayor Bush said at this time he would like to open up the meeting for any comment for any item on the agenda or anything that the public would like to bring before the Camlission. John Morgan, 977 Troon Trace, President of the Homeowners Association for the Greenbriar subdivision, mentioned he wasn't aware of this agenda item tonight regarding the Maintenance Building on the golf course. he stated that in June of last year the Board of Directors of their Homeowners Association sent a letter to the City with same concerns they had regarding the maintenance facility. He said their concerns are primarily do to the noise that the maintenance facility would generate plus the access in and out of it by the workers. He wanted to know what kind of protection the homeowners are going to have with the workers running down the road and possibly knocking down one of the poles that the high voltage wires are on. City Manager Govoruhk said that the traffic coming in and out will be the same as it is currently. Discussion. . Camlissioner Torcaso said that he doesn't think we are here to discuss the roads or anything else, according to the agenda should the Camlission approve the Maintenance Building on the Tuscawilla Golf Course and that is what he is interested in. He said that we have recommendations from the City Engineer and Staff where they all approve it. Gene Lein, 1173 Winged Foot Circle, said that Augusta National Boulevard has been used for years by vehicles going down through the easement to the . Regular Meeting City Carmission April 11, 1994 Page 6 maintenance building and would be happy to see the entrance to the maintenance building on the other side. Paul Partyka, 684 Oswego Court, spoke about an issue brought up at the Oviedo City Carmission meeting last week. Carmissioner Ferring said that our City Manager has been in contact with Gene Wi11aford and has explained to him exactly what happened regarding the parcel of property owned by the City of Winter Springs that is abutting the City of Oviedo. Discussion. Attorney Kruppenbacher said he is asking that no one fram this City Carmission or the City Staff speak on the topic of the easement. If they wan an official decision, I'll write one out for your approval as a formal public body. Mayor Bush closed the public input and opened the regular meeting. . Tuscawi11a Golf Course-Approval of Maintenance Building: Carmissioner Lange110tti moved to approve the maintenance building relocation. Seconded by Carmissioner Ferring. Discussion. Vote: Carmissioner Genne11: aye; Carmissioner McLeod: aye; Carmissioner Torcaso: aye; Carmissioner Ferring: aye; Carmissioner Lange110tti: aye. Motion carried. Tuscawi11a Road Widening Discussion: Carmissioner Ferring said that he asked for this to be put on the agenda so we can bring the rest of the Carmission up to date with what is happening with the widening of Tuscawi11a Road. We put together what we believe is the pertinent documents regarding what Seminole County is planning at this particular point; when it carnes to the City of Winter Springs it will be fram Lake Road to Winter Springs Boulevard. Seminole County further have made plans to go just about to Forest Creek. . Carmissioner Ferring said there are three points he would like to bring out to the Carmission. Number One: they are putting a 22' median in the center of Tuscawi11a Road. This has been discussed time and time again with public input on several occasions regarding or basically what the "mish-mash" that they did on Red Bug Lake Rod. We want to make sure that what they did on Red Bug Lake Road does not happen on Tuscawi11a Road. they have dece1 lanes on Tuscawi11a right now in the Winn Dixie Shopping area that can accommodate one car, you take your life in your hands if you want to make a left turn going south bound into the Winn Dixie entrance down that steep hill. These are the things that we are trying to meet with them, I think we are going to be meeting with them on the 28th. Mayor Bush said yes on the 28th at 4:30 p.m. here at City Hall. Carmissioner Ferring said Number Two: is the buffering, the whole west side of Tuscawi11a Road according to the County will not be buffered by either . . . Regular Meeting City Commission April 11, 1994 Page 7 vegetation or a wall. Commissioner Ferring repeated that the west side of Tuscawilla Road, the County is not going to provide any buffering except where there might be an existing fence in the back of some resident's home. We have asked them to make sure proper buffering is put in place, they're very intransigent in their position saying if there is not a fence there, we don't have to put anything there. Commissioner Ferring said that in the packet the Commission has are the County Land Development Regulations and if you look at those County Land Development Regulations you will note that there are certain criteria which they themselves have set up which says, and I believe I'm correct and I hope that our Attorney will be able to elaborate a little more than I can on this because we are in the process of looking at it from a legal standpoint also, of what their land Development Regulations that they should be putting up some type of buffer or a wall to be sure for health and safety factors. Commissioner Ferring said Number Three: is that in the City of Winter Spring son Tuscawilla Road you have three churches, an elementary school and a middle school, a lot of the traffic that would go in and out of these areas for some reason the County has dismissed. st. Stephens Church being our main issue - they are intent in putting that median right across st. Stephens' path or entrance ways, where originally the County gave them permission to open those entrance ways. Now they are putting a median on the southern most entrance way which is their main entrance way. Which would mean people coming out of that entrance way would have no other way but to go north; they could not go south. That would create a problem. Commissioner Ferring said these are three main points that we have been able to address, we have been trying to address and with the City Manager and City Attorney and I hope that these documents will prove useful to you and help out in whatever input that you may want to have in respect to this. Mayor Bush said that Commissioner Ferring brings up a point that he thinks the City has to address and that is the buffering on the west side of Tuscawilla Road. Discussion on buffering. Commissioner Ferring said that there is a legal opinion in here in reference to Seminole County's opinion and it clearly states that they have no intention of putting buffering up unless there is something there already. Commissioner Ferring mentioned that conversely we have a memorandum from our Attorney, Mr. David Smoker who takes issue with Mr. Groot's opinion, so if you would go through both of those documents you will be aware of it when we get into our discussion with Seminole County. Mike Jones, Dunmar Estates, thanked Commissioner Ferring for bringing this up. Jones explained what happened with Red Bug Lake Road. He stated that . Regular Meeting City Ca1mission April 11, 1994 Page 8 the Ca1mission shouldn't stand here whenever they Ca1mission to be dictated to by that Ca1mission. them; they are coming through our City and they can wants it built. meet with the County he said to stand up to build it like our City . Ca1missioner Ferring said that he would like to give a little more information on this because this is not something that we haven't been addressing. We have been addressing it for quite a while and we are very adamant in our stance as far as not giving the County any rook whatsoever when they came into our City. That they will build in accordance with our guidelines. The point of the matter is though we've appealed before the County Ca1mission, we've had City Ca1missioners appeal before the County Ca1mission; they keep throwing certain obstacles in our way which we are now researching to see how we can counter them. We also did our own engineering study by Conklin porter and Holmes, because they claim what they were doing was in accordance with the green book standards of engineering design. We have an expert Attorney who has been involved with us in giving us guidance as we are going along. Jones again spoke regarding Red Bug Road. Mayor Bush said that one of the things we want to come out of this kind of discussion is for the Ca1mission to came to a consensus of what we are going to talk to the County about. Things should be brought up - such as: should it be three lane, four lane, should it have a median or shouldn't it. I think these kind of things need to be resolved within the Ca1mission as much as possible so that when we meet with the County Ca1missioners we are not arguing among ourselves on what we want. We need to have it nailed down as much as the Ca1mission can possibly do by the 28th. Mayor Bush said the things that he would like to see the Ca1mission look at again is three lanes or four lanes, the Catholic Church medians and the buffering. Ca1missioner Torcaso said the whole thing is for the City Ca1mission to stand together because this is our City and these are our people that live here and we can't have any dissension amongst ourselves. Attorney Kruppenbacher mentioned to the Mayo if he could recommend that on the meeting of the 25th (prior to the meeting with the County on the 28th) a recommendation from Staff regarding the median issue, a recommendation fram Staff regarding the road itself including buffering. Mayor Bush asked the Manager to take care of what Attorney Kruppenbacher asked. . Commissioner Ferring reiterated the three major points and that being: 1) buffering 2) the 22' median and 3) access to the property on the road including the Churches, the Schools and same of the residences. . . . Regular Meeting City Conmission Apr i 1 11, 1994 Page 9 Conmissioner McLeod said that he would 1 ike to get from Staff what we presently have on our books regarding buffering and the LOR's, the zoning requirements along there. He said meaning what do we presently have by Chapter and Number. He said if we are going to talk to the County Conmission and say that these are our requirements, then lets make sure that they are the requirements that we do have. Mayor Bush asked the Manager to make sure that the information gets to the Conmission before the next meeting. Isabel Laub, Blue Spruce Court, spoke about who would maintain the median and does the City really want a median. Appointment to Code Enforcement Board: Conmissioner Ferring moved to nominate Gene Lein. Seconded by Langellotti. Discussion. Vote: Conmissioner Torcaso: aye; Conmissioner Ferring: aye; Conmissioner Langellotti: aye; Conmissioner Gennell: aye; Conmissioner McLeod: aye. Motion carried. First Reading of Ordinance for Environmental Level Study for City Property: Conmissioner Torcaso moved to read the Ordinance for Environmental Study by Title only. Seconded by langellotti. Discussion. Vote: Conmissioner Gennell: aye; Conmissioner Ferring: aye; Conmissioner Langellotti: aye; Conmissioner McLeod: nay; Conmissioner Torcaso: aye. Motion carried. Discussion on reading the Ordinance by Title only. Attorney Kruppenbacher read the Ordinance regarding Environmental Level 1 Study in its entirety. There was discussion on the City Conmission having the authority to waive the site assessment requirement. The Conmission's consensus was to keep the Ordinance as is without the having the authority to waive the site assessment requirement. Reports: City Attorney Frank Kruooenbacher: Attorney Kruppenbacher said he has given the Conmission and Mayor a packet regarding the special taxing district in Tuscawilla and also one for Moti Khemlani. Discussion. Conmissioner Ferring asked the Attorney how the telephone negotiations were proceeding. Attorney Kruppenbacher said that he is still talking to them. City Manaqer John Govoruhk - Reports: Manager Govoruhk sa i d that Car 1 Gos 1 in came on board today and the had a prior appointment so he couldn't stay for the entire meeting. Manager Govoruhk said that the Conmission has the Pension Plan Board meeting "" It .1 .. . . . . Regular Meeting City Carmission April 11, 1994 Page 10 review and to look them over and let him know where to go fran there. Manager Govoruhk said the Carmission has a copy of the letter for the Insurance Certification and he read the letter for the people present. The letter states that the City's classification has changed for 5-9 to 4-9 which results in a decrease in the City's property insurance. He said that he has relayed to the Fire Department that they have done an outstanding job bringing our insurance rate down; which benefits all the City and residents of the City. Carmission Seat III - John Langellotti: Carmissioner Langellotti thanked everyone for the support in the loss of his wife. Carmission Seat IV - Cindy Gennell: Carmissioner Gennell reported that the CALNO Meeting was held her last week. The YMCA came to the meeting and gave a report of what they were doing for the City of Winter Springs. She said the County gave a report on their development plans as far as recreation within the County and how it mayor may not affect us. She also mentioned that Seminole County wants to try to develop a uniform sign ordinance and that they would like the members of CALNO to have a representative (Staff person) to interact with the County on this issue. Discussion. Mayor Bush asked the City Manager to assign a Staff member to attend. Carmissioner Gennell mentioned that the Lake Jesup Bill, that failed here, passed in the Senate and the House unanimously. She said the Friends of Lake Jesup are meeting this Thursday night for their regular meeting at 7:30 p.m. She said eventually each City will have a representative sent to the meetings. Carmissioner Gennell spoke about the 35th Anniversary Celebration for the City of Winter Springs. She said it will be on Monday, June 20th at City Hall. She mentioned that there will be an open house, displays in the lobby and in the evening there will be speeches and a reception following. The open house during the daytime will be beneficial, it will be an educational opportunity for parents and children. Discussion on the date for the Anniversary. Mayor Bush asked Carmissioner Gennell to put together an agenda of her plans and have it put on the agenda for the next meeting on the 25th. Manager Govoruhk mentioned that there will ge contributions caning in and after researching the records for the 30th Anniversary a special account should be set up for this for that purpose only and when it is closed it will be closed out autanatically. . . . . '41! ..,...,.,. Regular Meeting City Carmission Apr i 1 11, 1994 Page 11 Carmissioner Torcaso moved to have a special account for the 35th Anniversary. Seconded by Gennell. Discussion. Vote: Carmissioner Ferring: aye; Comnissioner Torcaso: aye; Comnissioner McLeod: aye; Comnissioner Gennell: aye; Comnissioner Langellotti: aye. Motion carried. Carmission Seat V - David McLeod: Carmissioner McLeod congratulated the City Manager with his selection of a new Planner for the City. Discussion on meeting with the new Staff members and the Planning and Zoning Board. The City Manager will bring this up at the next meeting under his seat. Carmission Seat I - John V. Torcaso: Comnissioner Torcaso said that he goes along wit the City Manager in talking to his new Department heads before meeting with the Comnission and Planning and Zoning Board together. Carmission Seat I I - John Ferring: Carmissioner Ferring said that he put a copy of the Oviedo Voice in the Carmission boxes that describes what is gong on with that 10' easement. Carmissioner Ferring also spoke about a letter (which he gave the Comnission a copy of) he received from the Chelsea Woods Homeowners Association regarding back flow devices. Discussion. Comnissioner Ferring asked the City Manager to have information on the back-flow devices in the near future. Comnissioner Ferring spoke about letters he has received from residents regarding the CSX Railroad being abandoned. He asked the City Manager to contact the Railroad and have them officially tell the City if they are or are not abandon i ng the rail road. Attorney Kruppenbacher said the needed to bring up a few things and that is the amendment settlement agreement No. 1 - he is not changing the written agreement but said that when he speaks with Mikes tomorrow he intends to represent to him that under paragraph 2-a that what he represented tonight was there would be no building on Parcel 4 west of the right-of-way line of Shetland Avenue. The second issue is that he needs the Comnission all together after the meeting for an Executive Session on Police Bargaining. Mayor's Office - John F. Bush: Mayor Bush said that he has been approached by some citizens regarding the Duda Shopping Center Project and we had asked the City Manager to check into that and said that he didn't want to hear it now because it was getting late and the Comnission is needed to have the Executive Session but will hear what the Manager has regarding the Duda Shopping Center Project at the next meeting. The meeting adjourned at 10:25 p.m. Respectfully Submitted, /II~~ Margo Hopk ms , Deputy City Clerk proved: 7:~ ohn F. Bush, Mayor