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HomeMy WebLinkAbout1994 09 12 City Commission Regular Minutes 93-94-24 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS SEPTEMBER 12, 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 Pastor David Brett, Lord of Life Church. The pledge of allegiance to the flag was led by Commissioner Cindy Gennell. 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, absent John Langellotti, present Cindy Gennell, present David McLeod, present Approval of minutes of August 22, 1994: Commissioner Gennell asked that the total amount of the budget be reflected in the minutes. Minutes were approved as corrected. There was no public comment. General Agenda Public Hearing for 1994-1995 Fiscal Year Tentative Budget: Ad Valorem Millage- Discussion; (a) Recompute and announce Tentative Millage Rate; (b) adopt Tentative Millage Rate; Adopt Amended Tentative Budget: Mayor Bush read the following letter from Commissioner John Ferring: To: Mayor, Commissioners, City Manager, Residents of Winter Springs; from John Ferring, Commissioner, dated for meeting of Sept. 12, 1994; Subject: Setting of Millage rate 10-1-94 to 9-30-95: I wish to apologize in advance for missing this important Sept. 12th meeting, but the christening of our 3rd grandchild and first grandson, Jake Patrick, has taken me out of town. Although there may be some who may be willing to pay to keep me out of the City, let me assure them, I'll be back...(got that Frank!). As for tonight's meeting, I have reviewed the City Manager's memo of August 23rd, and wish to commend him for his RECOMMENDATION to reduce the millage rate to 3.7626 for the next fiscal year. This year's budget workshops will prove to be the start of a new approach and better understanding of ways to increase efficiency while at the same time increasing services to the residents of Winter Springs. We all had our different ideas on how this could be accomplished, but in the final analysis, we came together and hopefully, once again claim title to having the lowest tax rate of any city in Seminole County. No small feat indeed in today's times. Finally, I urge each member to accept the RECOMMENDATION that the millage rate for the 1994/1995 be set at 3.7626. Thank you all, signed John Ferring Commissioner. Mayor Bush then opened the public hearing for the Tentative Budget. No one from the public spoke. Mayor Bush closed the public hearing on the Tentative Budget and re- convened the Commission Meeting. Motion was made by Commissioner Torcaso that we adopt the Millage Rate 3.7626. Regular Meeting, City Commission, Sept. 12, 1994 Page 2 93-94-24 Seconded by Commissioner Langellotti. Discussion. In discussion Commissioner Gennell said she has a problem with decreasing the ad valorem taxes. She said we are facing a multitude of unpredictable expenses this year, and she said she thinks it would be unfair to the people and irresponsible for the Commission to lower their taxes right now and then have to maybe hit them harder next year. The Finance Director explained there are approximately $670,000 in reserves in next year's budget. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Langellotti, aye; Commissioner Gennell, no; Commissioner McLeod, no; Mayor Bush, aye; motion carried. Motion was made by Commissioner Torcaso to adopt the amended Tentative Budget. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioenr Gennell, no; Commissioner McLeod, no; Commissioner Torcaso, aye; Mayor Bush, aye; motion passes. Public Hearing and second reading of Ord. 565, adopting Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery, etc.: Motion was made by Commissioner Torcaso to read Ord. No. 565 by title only on second reading. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Langellotti, aye; motion passes. Attorney Kruppenbacher read Ord. No. 565 by title only. 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. 565. Seconded by Commissioner McLeod. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. Public Hearing and second reading of Ord. 567, proposing an Advisory Referendum Ballot Question regarding ambulance service, etc.: Motion was made by Commissioner Langellotti to read Ord. No. 567 by title only on second reading. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion passes. Attorney Kruppenbacher read Ord. No. 567 by title only. 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 approve Ord. No. 567. Seconded by Commissioner Torcaso. Discussion. In discussion Commissioner Gennell said before she said she did not think we have enough information to put this before the public and she still feels that way. Commissioner Langellotti said Casselberry is very happy with theirs; Altamonte Springs is going to do their own and Orlando is also going to have their own ambulance service. He said he thinks it is something we can give to the citizens of this City. He said its not free, there could be a slight charge to all the people. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, no; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Regular Meeting, City Commission, Sept. 12, 1994 Page 3 93-94-24 First Reading of Ord. No. 568, vacating, abandoning and closing a portion of an unnamed right of way as shown on the plat of D. R. Mitchell's Survey (Vacation of Second St.) etc.: Motion was made by Commissioner Torcaso to read Ord. No. 568 by title only on first reading. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. Attorney Kruppenbacher read Ord. No. 568 by title only. Oviedo Crossing, Substantial Deviation to Development of Regional Impact-Discussion and Tipton proposal: Attorney Kruppenbacher explained it has recently been learned that the City of Oviedo is proceeding forward regarding the property that would encompass the proposed mall. It has also been learned that the mall was proceeding with DRI changes. Mayor Bush asked Mr. Tipton, of Tipton & Associates, the City's transportation consul- tants if he could identify what he has learned at this point about the changes in the DRI from what he originally analyzed for this City's benefit regarding punching into Winter Springs Boulevard by that mall and what changes are being proposed. Mr. Tipton said he finds in the information that has been submitted for the sub- stantial deviation that the traffic generation for what is being proposed now is 25% higher than what he was responding to when he met with the Commission the last time concerning the proposed mall project. He said they have an approved DRI right now. He said if their substantial deviation were approved as is being requested right now, it would be an 85% increase over the traffic of the approved DRI that is currently in place. Motion was made by Commissioner Gennell to determine that an emergency exists to justify the waiving of the bidding requirements and to authorize the City Manager to enter into an agreement with Tipton & Associates at their standard hourly rates for the purpose of working with the city to deal with any traffic issues that are addressed to them regarding the Oviedo Crossing and to report back to the Commission when two thirds of the budget of $15,000 is hit so they have a status report to the Commission of what is going on at that point. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. Mayor Bush said he would like to ask the Commission to consider starting formal negotiations with Oviedo and the County to see what other options are available other than the only one we ever hear which is crossing that easement and opening the road onto Winter Springs Boulevard. Mayor Bush said there has to be other ways to solve the traffic problem. He said if we can get the three agencies working together rather than all working independently maybe we can come up with a solution that everybody is happy with. Mayor Bush said he would like to see us become pro- active on this and try to work towards a solution that Winter Springs is happy with and Oviedo is happy with also. Attorney Kruppenbacher asked the Commission if they have any objection to the Manager proceeding to discussing with the unidentified parties the concept of a mall on SR 434? The consensus of the Commission was no objection. Attorney Kruppenbacher explained the Commission is only authorizing the Mayor to have discussions but to make no representations. Regular Meeting, City Commission, September 12, 1994 Page 4 93-94-24 Manager Govoruhk explained Mr. Gosline, Community Development Director, has been designated to work with the County and Oviedo on all the projects on SR 434, Battle Ridge, and the Oviedo project. Mayor Bush asked the Manager to have Mr. Gosline summarize the information for the Commission and the Mayor. YMCA Request for Agreement Renewal: Ed Thomas, Director, e~plained after approximately four months the YMCA Intercession Program at the Winter Springs Civic Center at Sunshine Park, they would like to share with the City a summary report of the number of Winter Springs residents served, the amount paid to the YMCA and a request to continue to use this agreement as was agreed upon at the January 19, 1994 City meeting. Mr. Thomas discussed the areas of concern expressed by City staff. One concern was the cleanliness of the facility; another concern was that allowing the YMCA to use the center on an ongoing basis that it changes the intended purpose of the functional use of the facility; the third concern is continued use of the facility by the YMCA as a child care functioning facility will require amendments be made to the facility and/or its exterior which changes the initial intent for use and the final area of concern was the extension of the contract. Don Wilson, Parks & Recreation Director, also spoke about the concerns. Motion was made by Commissioner Langellotti that we put this off for our next City Commission Meeting. Seconded by Commissioner Torcaso. Discussion. Attorney Kruppenbacher explained that by putting this off means the YMCA is to meet with Staff and attempt to resolve the issues; he recommended what they cannot resolve to be itemized so that it is known exactly what it is that is not resolved. Commissioner Gennell asked that the flinutes of January 24, 1994 be reviewed and see that the presentation was for a year and it was for intercession schools and the Commission approved presentation as presented. Mayor Bush asked that when this comes back to the Commission that answers be given to the questions that have been raised as how many are from Winter Springs, a solution to the communication problem, the cleanliness problem, etc. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Langellotti, aye; motion carries. Mayor Bush recessed the meeting at 9:45 p. m. and called the meeting back to order at 10:00 p. m. Tuscawilla Parcel l4-C (Chestnut Estates)-Approval/Disapproval of Final Engineering and Covenants (property located on both north and south sides of Winter Springs Boulevard at Seneca Boulevard): Mr. Carl Gosline, Community Development Director, explained this project is before the Commission for final engineering and development plan approval. It is located at Seneca and Winter Springs Boulevard. This project came before the Commission back in April and at that time the Commission approved a preliminary development plan which showed an entrance to the subdivision on Seneca. Subsequent to that there has been some discussion of moving that entrance off of Seneca and relocating it onto Winter Springs Boulevard. The Site Plan Review Committee met ten days or so ago and that is their recommendation. Regular Meeting, City Commission, September 12, 1994 Page 5 93-94-24 Mr. Gosline explained Staff recommended approval of the project subject to moving that road from Seneca to lining it up with the piece of the subdivision to the south. The Commission has in their packet a copy of the Master Site Plan and the landscape plans. Staff recommends approval on page 2 of the Staff Report, with the recommenda- tion that Street A be relocated to line up with Street C south of Winter Springs Boulevard and there be no access to Seneca from the subdivision, and this is all pending the City Attorney's approval of the deed restrictions, covenants and documents. Mayor Bush called a recess at 10:10 p.m. and called the meeting back to order at 10:15 p.m. Attorney Kruppenbacher explained when this project was proceeding forward after the last stages the City Manager and himself had a conversation with Mr. Culp regarding moving the alignment of the Winter Springs Boulevard, and Mr. Culp advised them he had no problem if that is what the Commission so desired. Attorney Kruppenbacher said he has been advised in the last ten minutes that somehow our traffic engineer, Mr. Tipton, has been retained by this developer to give informa- tion that may not be in accordance with Staff's recommendation. He said two years ago it was his recommendation to this Commission that our consultants, whether they be lawyers, traffic engineers, etc., they represent the City and they do not represent anyone who comes before this City. He said he would advise Mr. Tipton in writing that we do not have our consultants represent people because it taints the entire process and more importantly, it taints the public's right to have confidence in the Commission that they are taint free. Mr. Scott Culp, president of Vision Developers, said he was representing the current owners of Parcel l4-C. He said just to remind everyone of the condition of approval with regard to this property, the Settlement Agreement which adopts the land use for this property provides for the approval of 125 ~nits on this piece of property which would equate to approximately 3.89 units per acre. He said the proposed use that they have moved forward with is a total of 51 units with the addition of lot 25 where the proposed roadway was at one point which is a little over l~ units per acre. The plan they have proposed has 33% of the entire property in conservation and preservation space. They also have 33% of each lot in open space based upon the setbacks and they have additional open space for the retention areas. Mr. Culp said they want to make a presentation tonight because their engineer of record is not comfortable with the location that has been requested. He said they have asked their engineer of record and a traffic consultant to address that and their legal con- sultant to address the issues with regard to this entrance. Attorney Kruppenbacher recommended this be tabled because he did not know what the traffic consultant was going to say and the Winter Springs Boulevard is a hot topic right now. Motion was made by Commissioner Gennell that we table this until the next Commission meeting. Seconded by Commissioner McLeod. Vote on the motion: Commissioner Torcaso, no; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion carried. Tuscawilla Parcel 51 (Arrowhead Unit 2) (Also known as Parcel 9) Approval/Disapproval of Final Engineering and Covenants (property located on souths ide of Winter Springs Boulevard between Tuscawilla Country Club and August National Boulevard): Regular Meeting, City Commission, September 12, 1994 Page 6 93-94-24 Don LeBlanc, Land Management Specialist, explained this is substantially the same engineering plans that were approved on April 25 and Staff recommends approval for these 28 lots, contingent upon the City Attorney's approval of the covenants and restrictions. Motion was made by Commissioner Langellotti that we approve Parcel 51 Final Engineering(subject to the City Attorney and Mr. Mikes getting together and working through any covenant issues the Commission previously identified). Mr. Mikes said the documents that have been prepared provide for a sum of about $28,000 that will be put into an Escrow Fund to be turned over to the homeowners at the time of the turnover whenever that occurs. So that will be a guarantee of $28,000 plus whatever interest accrues. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Mr. Mikes asked to put on the record, to make certain this is done when Unit 1 is done, he said they have depicted Tract A which is to be deeded subject to the approval of the Country Club Village Homeowners Association. If they want that tract deeded to them it will be deeded to them. There is a letter that exists, which is about a year old, where Mr. Mikes said he agreed that he would do certain things, and, he said, that letter we will live by, subject to the new board that is going to be elected agreeing that those are the items that they still want, which included the possibility of putting a brick wall behind some of their homes. Mr. Mikes said whatever was in that letter he would agree to do that, and he is putting that in the record and that will be part of his committment to do that and whatever else is on there. Mr. Mikes also explained as they work on Tract A they will probably construct a new entrance sign for Country Club Village with their agreement that after they see the wall and the gates that are put on the 28 lots, the hope would be that they would design something that would be consistent with that wall and the wall at the Tusca Oaks entranceway so that whole intersection will take on some continuity. Solid Waste & Recycling Interlocal Agreement with Seminole County: Motion was made by Commissioner Torcaso to approve the lnterlocal Agreement. Seconded by Commissioner Gennell. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Metropolitan Planning Agency (MFO) Reorganization: Mr. Gosline explained this was brought before the Commission as an informational item. The MFO is the agency that doles out all the highway money for the metro- politan area and they are in the process of reorganizing, and Mr. Gosline said he wanted to provide the Commission with the information to take a position if they needed to. Harold Scott, Swan Street, stated basically you are not looking at representation. You are looking at this agency seeking funding for reorganization. He said they are not asking the Commission to propose somebody for representing the City. They are asking the City to send them a letter or Seminole County a letter as they want to increase their employment base by using additional participation by jurisdictions in this area to the tune of fifty cents per person per capita and each adjoining jurisdiction for the tax year 1995-96 and increase it to seventy five cents per Regular Meeting, City Commission, September 12, 1994 Page 7 93-94-24 capita for 1996-97. Mr. Scott said this is done by having the City send a letter supporting the additional tax assessment so that the County can impose a levy in the amount of funds requested by the MPO. Discussion. Mr. Gosline explained there are five recommendations that the restructuring committee has made. 1 is to have a unified vision of a transportation plan; 2. is to separate from the ECFRPC; 3. hire the executive director; 4. it is time to get serious about funding this kind of operation to the tune of .50 per capita; 5. add airport authority to the MPO Board. Commissioner Langellotti said he would take this up with Mr. Dowling on Wednesday and come back with a report. There was a consensus of the Commission. City Attorney Frank Kruppenbacher: Motion was made by Commissioner Torcaso to place on the agenda and read by title only Ord. 569, franchise Ordinance with Sprint/United Telephone. Seconded by Commissioner Gennell. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion carried. Attorney Kruppenbacher read Ord. NO. 569 by title only on first reading. Attorney Kruppenbacher said when will make a report at that time. session regarding bargaining. He the union out and the credit goes the wage and hour issue is totally reconciled he He said there is a need to have an executive said last week the police officers voted to throw to the Police Chief and City Manager. Attorney Kruppenbacher asked the Commission if they agree with him they do not want their consultants representing anyone that does business, and all agreed. Attorney Kruppenbacher said he sent a copy of a proposed change regarding height restrictions and he was advised the other department heads had not gone through that document. The issue that was discussed was that the Commission had not seen all of those changes and there was a discussion about the protocol of the Staff to take proposed changes off to the Boards before the Commission gets a look at it. Attorney Kruppenbacher recommended once something is authorized to proceed through the channels by the City Manager, then it works its way up whether you have seen it or not. At that point you have to rely on the judgement of the Manager and Staff; if he deems it is something significant that you ought to see it before he ever goes off policy or is recommending a change, that you will hear about it before it gets into the hopper. He said again, the Staff does it, and it does not leave the Staff until the Manager signs off and says its authorized to leave the Manager. It will go to the Boards and they will work their way up to the Commission, and then the Commission will evaluate it. City Manager John Govoruhk: No reports. Commission Seat III - John Langellotti: Commissioner Langellotti spoke about the new emergency number the City has; he asked if the City has an ordinance about putting trash out on Sundays and is not picked up until Thursday. Mayor asked Manager Govoruhk to do a little research on this. Regular Meeting, City Commission, September 12, 1994 Page 8 93-94-24 Commission Seat IV - Cindy Gennell: Commissioner Gennell asked the City Attorney to bring back an ordinance on a moratorium on billboard signs along SR 434 until we get our Land Development Code changed. Commissioner Gennell said she would like to go to the NLC Convention in Minneapolis the first week in December because there are some seminars she would attend and bring back information the City can benefit from. She said there is over $4,000 in the travel and per diem line code and some of that money would have to be moved into the Dues and Registration Line Code. Motion was made by Commissioner Gennell that we move the necessary funds from the Travel and Per Diem Line Code to Dues and Registration Line Code so there is sufficient money available under both those line codes for Commissioner Langellotti and Commissioner Gennell to go to the NLC Convention in Minneapolis November 29th to Dec. 5th. Seconded by Commissioner Langellotti. Discussion. Commissioner Langellotti withdrew his second. Motion was seconded by Commissioner McLeod. Vote on the motion: Commissioner Torcaso, no; Commissioner Langellotti, no; Commissioner Gennell, aye; Commissioner McLeod, no; motion fails. Mayor Bush said it needs to be resolved, there needs to be a policy on how the travel money should be spent. Manager Govoruhk said it is specified in next year's budget how much money can be spent. Attorney Kruppenbacher reported that he and Commissioner McLeod attended the meeting with the residents of the Ranchlands. There is a tape of that meeting and a copy has been provided to each Commissioner. He said Commissioner McLeod did an excellent job in following the exact guidance and parameters within which the Commission authorized that meeting to proceed forward. He said it was a positive meeting and the Commission was well protected at that meeting. Commission Seat V - David McLeod: Commissioner McLeod said he feels the meeting enlightened many people. He asked the Manager if the Utility Director has answered his memo regarding a water and mosquito problem in Oak Forest. Manager Govoruhk said the letter from Mr. Lockcuff should be in Commissioner McLeod's box. Commission Seat I - John V. Torcaso: Commissioner Torcaso spoke about Commissioner Gennell and that he didn't expect her to take over all the worries and problems of the City. Mayor's Office - John F. Bush: Mayor Bush complimented Manager Govoruhk on his letter to Mr. Castine from Burgos Road. Mayor Bush announced that Congressman Mica will be holding a town meeting here at City Hall on September 17th. On the 15th the County will be hold a meeting at Indian Trails Middle School on the widening of Tuskawilla Road. Mayor Bush spoke about the Tuscawilla taxing district. Attorney Kruppenbacher explained the Commission decided they were not going to take any action because the Manager said the City could handle the issue. Manager Govoruhk said we have a private enterprise out there doing the mowing, etc. Regular Meeting, City Commission, September 12, 1994 Page 9 93-94-24 Mayor Bush said the Mayor's office has funds called the promotional budget and he would like, with Commission's consent, to develop an award for an outstanding senior citizen in our City each year. The Commission was in agreement to do this. Commissioner Gennell said for the record, that Commissioner Torcaso remembers some things that Mary and I have no knowledge of. Meeting adjourned at midnight. Respectfully submitted, ~T~ Mary T. Norton, City Clerk Approved: ~~ ,MAYOR