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HomeMy WebLinkAbout1994 06 13 City Commission Regular Minutes 93-94-18 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JUNE 13, 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 Rev. Peter A1vinson, Willow Creek Church PCA. The pledge of allegiance to the flag was led by City Attorney Frank Kruppenbacher. 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, present David McLeod, present Approval of minutes of Special Meeting of May 16th and Regular Meeting of May 23, 1994: On page 6 of the May 16th minutes, Attorney Kruppenbacher referred to "two" new members of the City Commission, when actually there are three new members. There were no other corrections or additions; minutes stand approved as corrected. Public Comment: Joe Genova, Adidas Road, spoke about the election results of the last election. He also spoke about the Duda Connector. He told Commissioner Langel10tti he would use every resource in his power to see that Commissioner Langellotti is defeated if he decides to run for re-election. . Tom O'Connell, 1718 Seneca Boulevard, spoke as the Vice President of the Chelsea Woods Homeowners Association, thanked the Commission for their decision on May 23rd with regard to the mall connector road. He said it is their intention to continue to search for a solution which is in the best interest of the citizens of Winter Springs and particularly the residents of Chelsea Woods. Harold Scott, Swan Street, a copy of his statement is attached to the minutes. Mayor Bush then closed the public comment section and opened the General Agenda. Rails to Trails Presentation: Commissioner Gennell explained this is to be a presentation on Florida Trails and Greenways. She introduced Mr. Kent Wimmer of 1000 Friends of Florida and Forest Michael from Michael and Michael. . Mr. Wimmer explained the 1000 Friends of Florida is a state wide non-profit member- ship organization with about 5,000 members across the State. He gave a slide presentation of the Florida greenways. He said by definition greenways are protected corridors of open space managed for natural resource conservation, outdoor recreation and environmental education. He said greenways are generally distinguished first by being green or having some type of natural component; secondly they go from one place to another, and lastly they are managed to protect the natural component and the linkage that the greenway makes. Mr. Wimmer explained the greatest benefit of planning and creating greenways and greenway networks is that they are providing a forum for many interests to work together to achieve common goals and to create a sense of place or community, and such efforts can bring together natural resource experts who are working to protect whole ecosystems along with community planners and local officials who are working to assure our communities remain liveable through . Regular Meeting, City Commission, June 13, 1994 Page 2 93-94-18 growth management and good community design. The Florida Greenways Program has been acting as staff to the Governor's Greenway Commission which was created a year ago in January of 1993 to look at the different opportunities for creating greenways throughout the State of Florida and the way that various agencies could work to- gether with local governments to promote the creation of greenways throughout the State. One of the efforts of the Greenway Commission has been to map and identify greenway opportunities throughout the entire State of Florida. Mr. Wimmer explained the Florida Recreational Trails Council which is an advisory group to EPA on trail issues which is appointed by the secretary of the Department, in their last funding cycle recommended to the State of Florida that somehow that program which is funded by Preservation 20001 Rails to Trails program, participate with local governments to try to figure out how to get across from the Econloxahatchee State Forest over to the We kiva area. It was identified that the south shores of Lake Jesup in Winter Springs greenway is really the only viable connection getting between the whole greenway system and trails system south along the St. John's to the Wekiva. The Florida Natural Scenic Trail Advisory Council, the body that advises the Forest Service on where the Florida Natural Trails should run, has said that this gap going between the St. Johns and the We kiva is the most important gap in the State of Florida so they have made it their top priority to work with the Forest Service and the State Agency to try to figure out ways to put the Florida Natural Scenic Trail through this area to try to complete the gap between the St. Johns and the We kiva basin. . Mr. Wimmer said he is here today to ask the Commissioners to please support a proposal for the City of Winter Springs to become a partner in this effort. He said this is an effort that the State of Florida has promoted and has budgeted and put money in once the particular corridor is identified for the Winter Springs Greenway. Mr. Michael said he is a trail master planner and he deals with communities, whether they be large or small. There is a continuous thread through each community, and that thread is economics. He said they are working in Lake County with four communities, and about four or five communities in Orange County along a trail network and each of those communities want a trail loop going through their downtown to stimulate the economic assets of the community. He said in Pinellas County the trails bring 900,000 to a million people every month on the average to those communities along the trails throughout the County. He said if you take 900,000 people every month and multiply that by $25, you are talking about a lot of revenue coming into a community and that is what trails and greenways have to offer to communities. Commissioner Ferring asked for some type of analysis on what it is going to cost the City and he asked for some specifics as to what their needs are along this trail, how it effects the City, how it effects the County, and also a copy of their financial summaries. Mayor asked that this information be given to the City Manager so that it can be digested by Staff, and the consensus of the Commission was to have them work with the City Manager. . . Regular Meeting, City Commission, June 13, 1994 Page 3 93-94-18 Public Hearing and second reading of Ord. No. 562, vacating, abandoning and closing that westerly three foot utility easement located on Lot 22, Chelsea Pare at Tuscawilla Phase 1, etc.: Attorney Kruppenbacher read Ord. No. 562 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 Torcaso to adopt Ord. No. 562. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion passes. Glen Eagle Stormwater Issue-Tabled 5/23/94: Motion was made by Commissioner Ferring to grant the City Manager, City Attorney and the Utility Director the authority to take any and all steps up to and including litigation if necessary to protect the City's interest regarding the issue of storm- water runoff and leave within their discretion what steps should be taken to put us in position of strenthening negotiating a resolution of this issue. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. . YMCA Agreement-Tabled 5/9 and 5/23/94: Motion was made by Commissioner Ferring that we accept the contract between the Seminole YMCA and the City of Winter Springs. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. Agreement for Architect for Police Department will be on the agenda for the next meeting. Annual Certification of Zoning Map: Motion was made by Commissioner Ferring to approve the annual zoning map certification. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; motion passes. NPDES I Stormwater Interlocal Agreement with Seminole County and six other cities: Utility Director, Kip Lockcuff, explained the purpose of this Agreement is to make us a co-applicant with the County and other cities for the part 1 NPDES permit. NPDES, National Pollution Discharge Elimination System is a permit program to regulate the stormwater discharges to the waters of the state. He said they have been working with the County on this and it is beneficial for us to become a co-applicant. Mr. Lockcuff explained the County has selected a consultant for the work. They took the cost for Part 1 using a population basis and divided it pro rate and the City's share comes to $18,673.00. . Terry Zaudtke, City's consulting engineer, explained there is also a requirement within the NPDES that once you establish a plan of what you are going to do, then you have to establish funds to do that program. He said a permit will be issued for the whole group, but each individual entity will have their own permit. . . . Regular Meeting, City Commission, June 13, 1994 Page 4 93-94-18 Motion was made by Commissioner Lange110tti that we approve this stormwater inter- local agreement with Seminole County. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Genne11, aye; motion passes. Backf10w Device Inspection Fee/Block Rates/First Reading Ord. No. 563: Motion was made by Commissioner Ferring to read Ord. No. 563 by title only. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring,aye; Commissioner Lange110tti,aye;Commissioner Genne11,aye; Commissioner McLeod, aye; motion passes. Attorney Kruppenbacher read Ord. No. 563 by title only on first reading. The Utility Director explained this came up because people were complaining about the fee. Basically Option 1 is our current program. We sell backf10w devices at cost. We do not install but we do inspect. We give the people the option to use our inspector at a testing fee of $25.00. Complaints have been generated because the people thought we were nickel and diming them. Mr. Lockcuff said this caused him to look at a way to incorporate that fee and collect it some other way so that they were not being billed for $25.00. He said at the May 9th meeting the discussion led him to believe there were concerns about a policy the program was going in and possibly encroaching on the private sector. Mr. Lockcuff said he wanted to layout the program and asked which way we wanted to go. Commissioner Ferring said he thought this was all straightened out at the May 9th meeting, and that the Commission voted to eliminate the inspection fee. Mr. Lockcuff explained Option 1 and Option 2 both include the elimination of the fee, but the implementation of the program is what needs to be discussed. As Utility Director Mr. Lockcuff said he would recommend Option 2. Attorney Kruppenbacher summarized the Ordinance allows the City to exercise either option. Between now and the next meeting on the passage of the ordinance, the minutes can be reviewed and the Commission can give the Utility Director direction at the time of the second reading. Mayor Bush recessed the Commission Meeting at 9:40 p. m. and called the meeting back to order at 9:50 p. m. Police Union Contract: Attorney Kruppenbacher said the Police Chief has reviewed the Agreement with the Union, the City Manager has reviewed the Agreement and he has reviewed the Agreement and they recommend the Commission ratify the Agreement from the City's standpoint. This Agreement would be good for a period of time that is retroactive to October 1, 1993 through Sept. 30, 1994. Motion was made by Commissioner Genne11 that we approve the Police Union Contract. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. City Attorney-Frank Kruppenbacher: Attorney Kruppenbacher said a letter was received from the attorneys representing the City on the Earley lawsuit, and he asked the Commissioner's to read the letter in the City Manager's office. He said there is scheduled oral arguments before the Court in August on this case and they are looking to schedule a mediation of this . Regular Meeting, City Commission, June 13, 1994 Page 5 93-94-18 case at the office of the mediator in Maitland, on July 25th or July 27th from 9:00 a.m. to 1:00 p.m. at the office of John Upchurch a former judge. Attorney Kruppenbacher said he has prepared a proposed revision to our bidding ordinance and asked it be put on the next agenda. He explained that he and the City Manager met with the Rouse people to discuss the fact that the traffic engineering consultants for the City would require $15,000 to do the traffic study. The Rouse Company agreed to fund the $15,000. Tipton agreed to contract the City and do the study, however we could not execute that contract because of an ordinance that provides that for the purchase of any service for more than $4,000 the City would have to go out for bid. Attorney Kruppenbacher said they basically directed that they would pay directly to Tipton and Tipton issued them a letter that they signed confirming that he would be doing a study for the benefit of the City, and that the Rouse Company would agree to pay Tipton directly the $15,000. Attorney Kruppenbacher said Tipton has advised him he will be ready to report to the City Commission on this matter on Monday, June 27th which is the next meeting. . City Manager John Govoruhk: Manager Govoruhk said"most of you know that we have been working for some time in dealing with the Hooker-Mikes property. In order to finally resolve some issues and insure that the City gets the density reduction it desires I need your authority as the Commissioners to have the flexibility on a one time basis to deviate from existing utility transfer policy to allow Mikes to use up to 69 connections from the Mikes property he bought from Hooker on his adjacent or nearby golf course properties provided he complies with the density reduction that have been proposed, provided he agrees that this action in no way constitutes as approval of any development plans and Mr. Mikes agrees to indemnify the City for any claims under the Seminole Utility Futures Agreement." Motion was made by Commissioner Torcaso to give the City Manager direction to do that subject to an appropriate legal agreement being drafted and executed by the Attorneys. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion carried. Manager Govoruhk reported the first picnic for the City employees was held on June 4, 1994 and went very well. The employees wish to express their thanks to the Mayor and Commissioners. A Workshop Meeting was called for Monday, June 20th, 9:00 a.m. in the conference room to review the budget. Attorney Kruppenbacher asked if the Commission could meet at 5:00 p.m. on June 27th to meet with the attorneys on the Earley lawsuit. Commission was in agreement. Attorney Kruppenbacher said those people to be in attendance will be each member of the City Commission, the City Clerk, City Manager, himself, as well as the attorneys who are representing the City in the lawsuit from Dean, Riggors, Morgan and Lawton and it could be anyone or all of the attorneys from that firm. . Manager Govoruhk said that Harry Martin who has been acting Director of Parks and Recreation presented to the City of Winter Springs from the City of Winter Springs Sandbaggers golf tournament another check in the amount of $2,573.68 for the playground equipment for the handicapped children at Central Winds Park. He said that brings the . . . Regular Meeting, City Commission, June 13, 1994 Page 6 93-94-18 total from the Sandbaggers to $6,573.68. Manager Govoruhk said Mr. George Wimpey of Morrison Homes donated $2,500 last week towards the putt-putt golf course at Central Winds Park. Commission Seat II - John Ferring: No report. Commission Seat III - John Langellotti: Commissioner Langellotti said Mr. Scott mentioned Citrus Road, and he asked the City Manager to contact the County Commissioners to look into this. He said if the County would open that roadway it would take a lot of traffic away from Tuskawilla Road and Red Bug. Motion was made by Commissioner Langellotti to appoint Kip Lockcuff to the Friends of Lake Jessup. Seconded by Commissioner Gennell. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. Commission Seat IV - Cindy Gennell: Commissioner Gennell gave a brief update on the 35th Anniversary Celebration to be held on June 25th. She said everything is going along just like the plans she gave the Commission before she left. Commission Seat V - David McLeod: Commissioner McLeod said he would like to donate to the City of Winter Springs six cases to be used for showing off displays. He said they are oak and they are glass cases to be used in this celebration and then afterwards to be returned back to the City for any future participation the City may have with this type of activity. He said he would like to donate those on behalf of the Commissioner. Commission Seat I - John V. Torcaso: Commissioner Torcaso said that Brantley Road has been changed by the County Commission to Tuskawilla Road. Attorney Kruppenbacher said he has given the Commissioners a draft resolution which is the result of his having gone through the minutes of the Special Meeting of May 16th and attempting to incorporate what he believes the Commission said at that meeting. He said with your direction it will be on the next agenda and he will write out and clarify the workshop issue. Mayor's Office - John F. Bush: Mayor Bush said he is on a Seminole County Review Board, and looking at changes to their Comprehensive Plan he noticed in their Traffic Circulation Element project Schedule Item 162 is called the Tuscawilla Bypass connector. He said he asked the members if anyone knew what that was, and nobody did. There is 1.8 million dollars allocated to this already. Carl Gosline, Community Development Director, said there is a map in the Comprehensive Plan, Volume 1, called Future Traffic Circulation Map, and it has some roads that go in strange places. He said what should be done through the Comprehensive Plan process and the Capital Improvement process is to shift the money from one project to another. Mr. Gosline said we have to think long and hard and do a lot of analysis. . Regular Meeting, City Commission, June 13, 1994 Page 7 93-94-18 Mayor Bush said he has received a resignation from the Citizen's Advisory Committee of the ECFRPC. Mr. William Stone has submitted his resignation and recommended Mr. Bob Lochrane take his place. As there was no objection from the Commission, Mayor Bush appointed Mr. Bob Lochrane to that committee. Mayor Bush announced that Granville Brown who served as Mayor from April 5, 1971 to December 1973 died on May 26, 1994. Meeting was adjourned 10:45 p. m. Respectfully submitted, ~;:~ Mary T. Norton, City Clerk Approved: ~ '7 /L4 ,MAYOR .J F. BUSH . .