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HomeMy WebLinkAbout1994 05 23 City Commission Regular Minutes . . . 93-94-17 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MONDAY, MAY 23, 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 5:45 p.m. The invocation was given by Mr. Michael Meyer, Ritual Chairman, Congregation Bet Chaim. 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 Langellotti, present Cindy Gennell, absent David McLeod, present Approval of minutes of May 9, 1994: There were no additions or corrections; minutes stand approved as presented. Presentation of Winter Springs High School Plans for approval: Mayor Bush asked for citizen input on the High School and no one wanted to speak. Mayor Bush then closed the Commission Meeting and opened the joint meeting with the Planning & Zoning Board. Chairman of the Planning & Zoning Board, Grace Anne Glavin, said they have received a package dated May 18th with regard to Preliminary Final Engineering plans for the Winter Springs High School. Diane Kramer, Executive Director of Facilities for Seminole County Public Schools, gave a brief presentation. She said even though this is their final approval, it will not be the last time they will be here because it is quite a project and they intend to work with us through the construction process. Mrs. Kramer explained the school is scheduled to open in 1996-97 school year. She said they started off by adopting an Interlocal Agreement between the School Board and the City, outlining the procedures to be used to review the Plan and she said, the Statutes provide for this and we can mutually benefit from using that process. Mrs. Kramer then turned the presentation over to their architect to give a brief review of the plan and to outline where they have deviated from our Land Development Code. Mr. Tom Chandler, architect with the firm of Schenkleshultz, gave a brief overview of the project. He pointed out the three deviations. The first deviation is the various ponds which are wet bottom ponds. The slopes on the ponds above the water lines are 4-1 but below the water line they have deviated from 2~ to 1 slope to a 2-1 slope. The third area of deviation had to do with the size of the parking stalls. The code indicates they should be 10 x 20 ft. and they have indicated 9 ft. by 20 ft. spaces. Mark Jenkins, Engineer, said he does not have anything against a 2-1 slope. He said the pond will probably function fine. It is just that technically speaking it is not in the code and he was never consulted as to what do we want to do about it. . Regular Meeting, City Commission, May 23, 1994 Page 2 93-94-17 Bruce Behrens, General Services Director, said this project has had a full staff review like any other project that comes to the City. They have made multiple revisions and submittals to our Staff and every department has had a chance to comment. Mr. Behrens said he outlined the three deviations in his report, and as was requested by the Commission, the deviations were pointed out. Mrs. Kramer said the whole point of their Inter10ca1 Agreement which gives them the flexibility by State Statute to set their own process, and that was part of the reason they wanted to have this hearing so everyone understands what is going on. Motion was made by Mr. Hopkins that the Planning & Zoning Board recommend to the City Commission approval of the preliminary and final engineering plans for the Winter Springs High School. Seconded by Mr. Hoffmann. Discussion. Vote on the motion: Mr. Hopkins, aye; Mr. Hoffmann, aye; Mr. Brown, aye; Ms. Glavin, aye; Mr. Stephens, aye; motion carried. Mayor Bush then closed the Joint Meeting with the Planning and Zoning Board at 6:20 p.m. and re-opened the City Commission Meeting. Motion was made by Commissioner Ferring on the basis of the recommendations of the Planning & Zoning Board to approve the preliminary and final engineering p1.ins for our new Winter Springs High School. Seconded by Commissioner McLeod. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner McLeod, aye; motion carried. . Mayor Bush called a recess at 6:30 p.m. and called the meeting back to order at 6:40 p.m. First Reading of Ord. No. 562, vacating, abandoning and closing a utility easement located on Lot 22, Chelsea Parc at Tuscawi11a, etc.: Public Hearing and second reading of Ord. NO. 560, establishing as a condition of the City's purchase or lease of real property, the requirement that an environmental site assessment be conducted, etc. Motion to read Ord. No. 562 by title only on first reading and Ord. No. 560 by title only on second reading and the public hearing. Seconded by Commissioner Lange110tti. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Attorney Kruppenbacher read Ord. No. 562 by title only on first reading. Attorney Kruppenbacher read Ord. No. 560 by title only on second reading. Attorney Kruppenbacher recommended this be amended to include land the City will take title to. There was discussion of the different levels. Motion was made by Commissioner Ferring to table Ord. No. 560 until June 13th. Seconded by Commissioner McLeod. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner McLeod, aye; motion passes. Item D. Annual Certification of Zoning Map and Item E. Glen Eagle Stormwater Issue were removed from the Agenda. . . Regular Meeting, City Commission, May 23, 1993 Page 3 93-94-17 Duda Project: Mayor Bush said the Duda people will give their presentation then the Commission will have the opportunity to ask questions. Then we will take a recess and during that recess those persons wishing to speak contact the City Clerk, then when the meeting is reconvened we will hear input from the public at that time. Jack Malloy, representing the Viera Company which is the real estate arm of A. Duda & Sons made the presentation. Some members of the Rouse Corporation were also in attendance. Mr. Malloy reminded everyone during their individual meetings with the Commission and Manager they had been cautioned about the Commission's concern about Winter Springs Boulevard, and they were asked to look at alternatives to what they were proposing. Mr. Malloy explained the City holds a 10 ft. easement on a piece of property they have under contract on the immediate west side of the Expressway in between Winter Springs Boulevard and their piece of property, and they are here seeking the City's permission to cross that 10 ft. easement. He said their initial proposal, Option 1, was a proposal to make a direct connection to Winter Springs Boulevard on that parcel. He said that particular proposal obviously was the subject of some serious discussion and consideration. Mr. Malloy said this evening they have two other options to present to the Commission. . Mr. Malloy explained the second option is a parallel roadway which crosses the City's 10 ft. easement on this parcel of Jand they have under contract which goes underneath the Expressway a few 100 feet south of Winter Springs Boulevard and goes along the south property line of the property they have acquired and connects to S.R. 426 about 400 ft. south of the present intersection of SR 426 and Winter Springs Boulevard. The final option, the flyover option, shows a connection to Winter Springs Boulevard which is a combination of a parallel road but with a flyover for traffic coming west on Winter Springs Boulevard to access the mall. The purpose of all these proposals is not to put traffic on Winter Springs Boulevard but to gain access to S.R. 426. The Commissioners then asked questions of Mr. Malloy. Mayor Bush called a recess at 7:35 p.m. and called the meeting back to order at 8:00 p.m. Eighteen people signed up to speak, as follows: John Horan, Wood Duck Drive, Terry Back, Seneca Boulevard, Joe Genova, Adidas Road, John Daniels, Glen Eagle Drive, Stewart Longworth, Barrington Circle, Peggy Baker, Tuscora Drive, Moti Khemlani, President of the Tuscawilla Homeowners Association, Joseph Bozik, Carrington Court, Paul Partyka, Oswego Court, Don Wiseman, Ironwood Court, Tom Waters, Antelope Trail, Rae Lawrence, Troon Trace, Steve Longdon, Eagle Nest Circle, Judge Tom Freeman, George Chrissos, Pebble Beach Circle East, Kay Pizzariella, Vistawilla Drive, Gail Knapp, Seneca Boulevard, Fred Schott, Jaguar Court, a resident of Seneca Boulevard (could not hear her name), John Cisco, Wood Duck Drive, and Bonnie Hicks, Glen Eagle all spoke in discussion. Mayor Bush closed the public comment at 9:05 and reopened the Commission Meeting. . Motion was made by Commissioner Ferring that no action be taken regarding this project pending a full traffic study or a study that would be at least enough for us to make a decision. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: . Regular Meeting, City Commission, May 23, 1994 Page 4 93-94-17 Commissioner Langellotti, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. Mayor Bush called a recess 9:25 p. m. and called the meeting back to order at 9:35 p.m. City Attorney Frank Kruppenbacher: Attorney Kruppenbacher explained Attorney Lang was here earlier this evening but could not stay to discuss the sign ordinance issue. He said there were two issues Attorney Lang wanted him to identify, one was that he would like the Police Department to continue with the practice of not removing signs; they can continue to cite but not physically go on property and take the signs. Secondly was to emphasize that based upon his investigation, there has been discussion attributing it to the City Manager some direction on his part to the Police Department to take signs down. Attorney Kruppenbacher said Attorney Lang advised him that the investigation shows that there is absolutely nothing to the City Manager having directed people to do anything. Attorney Kruppenbacher said the recommendation is that we continue with what was previously recommended. The Police officers of this City not enter upon private property and remove signs. As stated at the last meeting, that to the extent the signs are in the rights of way they will be removed. City Manager John Govoruhk: Manager Govoruhk asked if there were any objections to putting the 1/4 page ad in Florida League magazine Convention Issue. There were no objections. Manager Govoruhk said he received a check for $9,044.46 from ex Commissioner Kaehler, monies . that she collected for the playground equipment at the park. Commission Seat I - John V. Torcaso: No report. Commission Seat II - John Ferring: Commissioner Ferring commented on the increased statistics that are being put in the Monthly Reports. He pointed out the Engineer goes into quite depth showing what he has done. He said report performances have increased pretty much. Commissioner Ferring spoke about the ten year contract the City has with Cablevision a/k/a Time Warner which is non-exclusive. He said has an agreement from Cablevision whereby one of our developments signed that agreement. Commissioner Ferring has asked the City Manager to look into this. Commission Seat III - John Langellotti: No report. Commission Seat V - David McLeod: Commissioner McLeod said he is still reviewing the information on the contract with the Architect for the Public Safety Complex. Mayor's Office - John F. Bush: Mayor Bush commended the Commission on the way they did business this evening. . . . . Regular Meeting, City Commission, May 23, 1994 Page 5 Meeting was adjourned 9:55 p. m. Approved: ?-.~. Respectfully submitted, ~T~ Mary T. Norton, City Clerk ,MAYOR 93-94- 17