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HomeMy WebLinkAbout1994 09 26 City Commission Regular Minutes 93-94-25 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS SEPT. 26, 1994 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John F. ~ush at 7:30 p.m. For the invocation Commissioner McLeod asked for a moment of silent prayer. 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, absent Cindy Gennell, present David McLeod, present Approval of minutes of Sept. 12, 1994: there were no additions or corrections; the minutes stand approved as presented. Mayor Bush announced that Commissioner Langellotti was married on Saturday and is away with his new bride; that is the reason he is not present this evening. Manager Govoruhk introduced Mr. John Ketteringham who is taking over the General Services Department. Public Comment: Art Hoffmann, Mt. Laurel Drive, gave farewell wishes to Mary Norton, retiring City Clerk. General Agenda: Final Budget Hearing-FY 1994-1995 Budget-General Fund, Special and State; Second Reading of Budget Ord. No. 566; Adopt: Resolution No. 744 setting the Ad Valorem Tax Millage Rate for FY 1994/95 and Adopt Budget Ord. No. 566: Motion was made by Commissioner Ferring to read Budget Ord. No. 566 by title only on second reading. Seconded by Commissioner McLeod. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion passes. Attorney Kruppenbacher read Ord. No. 566 by title only on second reading. Mayor Bush recessed the Commission Meeting and opened the public hearing on the Budget. No one spoke for or against the budget. Mayor Bush closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Ferring to read Resolution No. 744 by title only, setting the Ad Valorem Tax Millage Rate for Fiscal Year 1994/1995. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; I'lotion passes. Attorney Kruppenbacher read Resolution No. 744 by title only. He announced that Resolution No. 744 sets the millage rate at 3.7626 mills for Fiscal Year 1994/1995. Motion was made by Commissioner Ferring to adopt Resolution No. 744. Seconded by Regular Meeting, City Commission, Sept. 26, 1994 Page 2 93-94-25 Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. Motion was made by Commissioner Torcaso to adopt Budget Ord. No. 566. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Gennell, aye; motion passes. Tuscawilla Parcel l4-C (Chestnut Estates)-Approval/Disapproval of Final Engineer- ing and Covenants (property located on south side of Winter Springs Boulevard between Tuscawilla Country Club and Augusta National Boulevard) Tabled 9/12/94: Attorney Kruppenbacher explained the Commission tabled this item at their last meeting. Staff recommended approval of l4C subject to the relocation of the entrance from Seneca Boulevard to Winter Springs Boulevard. Attorney Kruppenbacher said he has spoken with the Developer's representatives during the week following and they have advised him that if the Commission decides to approve the recommenda- tion of the Staff, that they accept that recommendation and will act accordingly. They will then work directly with the City Engineer on the re-engineering of the alignment and would ask for authority to go forward with construction. Fred Lenhardt on behalf of the Pulte Corporation said Mr. Kruppenbacher has correctly stated the understanding of the applicant. Motion was made by Commissioner Ferring to approve final engineering of Parcel l4C pursuant to the discussion that was just okayed by both the developer and articula- ted by our Attorney. Seconded by Commissioner Gennell for discussion. Discussion. Commissioner Gennell asked if the motion is also subject to them refining the conditions and covenants with the City Attorney and he answered yes. Commissioner McLeod said he understands we are approving the Staff Report of August 31, 1994, and Commissioner Ferring answered yes, the Staff Recommendations. Mr. Gosline, the Community Development Director explained the Commission would be approving final engineering for the south side; let them begin construction on that part; and at the same time the Commission is giving them approval to relocate the entrance from Seneca to Winter Springs Boulevard and re-engineer that. Commissioner Gennell asked the status of Lots 24 and 25. Attorney Kruppenbacher explained Staff's recommendation is that this Developer be permitted to build on these two lots. Mr. Tom O'Connell spoke regarding the two lots. He said they have been lost puppies and he suggested in the future there may be an opportunity for the City to negotiate with Mr. Pulte to come up with a better utilization of those properties. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion passes. YMCA Request for Agreement Renewal: Motion was made by Commissioner Gennell to approve the YMCA Agreement. Seconded by Commissioner McLeod. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Regular Meeting, City Commission, Sept. 26, 1994 Page 3 93-94-25 Resolution No. 745, request of Mark and Jill Miller for Lot Split for property located at 525 Sunrise Ave., (Northeast corner at intersection of Sunrise Avenue and Arnold Lane): Motion was made by Commissioner Torcaso to read Res. No. 745 by title only. Motion dies for lack of a second. Motion was made by Commissioner Ferring to approve Res. No. 745, the request of Mark and Jill Miller for Lot Split for property located at 525 Sunrise Avenue (northeast corner at intersection of Sunrise Ave. and Arnold Lane), subject to the Attorney reading it by title only. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. Attorney Kruppenbacher read Resolution No. 745 by title only. Ord. No. 570, amending Section 20-164 of the Code of Ordinances from twenty-five (25) foot height restriction to thirty-five (35) feet, etc. First Reading: Motion was made by Commissioner Torcaso to read Ord. No. 570 by title only on first reading. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Gennell, aye; motion passes. Attorney Kruppenbacher read Ord. No. 570 by title only on first reading. City Attorney Frank Kruppenbacher: Attorney Kruppenbacher recommended the Commission put a six month moratorium on the construction or erection of any outdoor advertising display billboard off premises sign or billboard on premises sign throughout the entire City if the Commission desires to put a moratorium on signs. Attorney Kruppenbacher said he has prepared an ordinance which directs that during the six month moratorium the City will conduct a study and provide recommendations regarding the erection of these signs. The ordinance is to be on the agenda for the next meeting for first reading and Attorney Kruppenbacher was asked to give the definition of billboards. Attorney Kruppenbacher gave farewell wishes to Mary Norton. Attorney Kruppenbacher said several weeks ago City Staff had an issue raised to them by a homeowner who is attempting to pull a building permit and the legality of the City's holding up a building permit pending approval by his Homeowner's Association under the covenants, deeds and restrictions. Attorney Kruppenbacher said he was unaware that the City had been doing that although its been a practice for a long time and the Building Official had raised it to the City Manager and the City Manager contacted the City Attorney. Attorney Kruppenbacher said there is a 1994 Federal Court decision from the u.S. District Court, Northern District of California which cites other applicable Federal constitutional cases, and it talks about the fact it is an unconstitutional delegation of power for a public body to delegate its permitting process, in essence, tie it up by giving it to a private body which is what we would be being asked to do. He said Florida Statutes 553.73 and 553.80 specifically provide that it is the responsibility of each local government to regulate and enforce the Building Codes. Regular Meeting, City Commission, Sept. 26, 1994 Page 4 93-94-25 Attorney Kruppenbacher said in his opinion, it is a straight up delegation of the power of this Government, City of Winter Springs, to say you cannot pull a permit from this City unless you have obtained approval from a private homeowner's association. The second issue raised was the right to enforce those homeowner documents. Attorney Kruppenbacher said the Codes do not provide that the issuance of a building permit is subject to approval of a homeowner's association. He said we have the right to enforce covenants in certain portions of this City where we deem it to be in the public interest, etc. Attorney Kruppenbacher explained the City Manager is going to have the Building Department people notify the homeowners associations each time a request was made so that if a request was made without compliance, we would afford them the opportunity of being aware of it and they would not be sitting there and then have to fight to get it down. Commissioner Ferring stated there are two types of homeowner associations in this City; one is voluntary and one is a mandatory homeowner's association. He did not know what the requirements are if there is a breach of the covenants in the voluntary association, but in a mandatory homeowner's association whereby they require certain specifics for making any type of alterations, etc. and they apply to the City and the City has to grant them the permit. The recourse would be the civil court. The City Attorney answered that is correct and that is where the homeowner associations have been garnering a lot of power over the years knowing the City would not issue a permit unless they approved so the people never got a permit from us to go forward. Attorney Kruppenbacher said all he did was give a straight up answer to the question posed and if the Commission wishes he come back with a way that we could legitimately do it, should it apply to voluntary or mandatory, he will do that and report back at the next meeting. Attorney Kruppenbacher is to report back to the Commission. City Manager John Govoruhk: Manager Govoruhk gave out a rough draft for the Ranchlands Paving survey questionnaire and asked the Commission to review it and come back with any suggestions or recommenda- tions. A Workshop meeting on the Classification Pay Study was called for next Monday, Oct. 3rd at 5.30 p.m. Commission Seat IV - Cindy Gennell: No report. Commission Seat V - David McLeod: Commissioner McLeod spoke regarding Greg Kerns questions to a staff member regarding road problems. Commissioner McLeod said his only problem is when the City wanted Mr. Kerns to come and talk on behalf of the City Mr. Kerns wanted to charge the City a dollar value to do that. He said if we are going to talk to Mr. Kerns then Mr. Kerns can talk to the City on a dollar value. Commission Seat I - John V. Torcaso: Commissioner Torcaso spoke about turning and North Fairfax Avenue into a museum. back with recommendations. the' Water & Sewer Company building on SR 434 Manager Govoruhk said they would be coming Regular Meeting, City Commission, Sept. 26, 1994 Page 5 93-94-25 Commissioner Torcaso gave farewell wishes to Mary Norton. Commission Seat II - John Ferring: Commissioner Ferring said he wanted to bring to the Commission's attention something that he has been reviewing because he said he would like some clarification on this. The letter is from the Metropolitan Planning Organization and is addressed to Ms. Nancy Houston, District 5, Dept. of Transportation. Commissioner Ferring read as follows: "Winter Springs City Commissioner Cindy Gennell contacted me with concerns regarding the widening of above referenced road (SR 434). The Commissioner, the Mayor and other City officials would like to see a bike lane added to the plans, etc." Mr. Ferring said this letter went from the MPO to the Dept. of Transportation and subsequently the Dept. of Transportation sent a letter back saying they have no problem as far as putting bike lanes in. Commissioner Ferring said he has a problem with it. He said he was not aware that we were going to put bike lanes on the road. He said he had no problem putting bike lanes in proper areas, but to put them on an arterial highway that would jeopardize the safety of our children in this community, he said he was totally against that. He referred to the resolution that was passed not too long ago that no one on this Commission goes out and represents themselves and requests anything as an individual. This is done as an elected body. Commissioner Gennell said she would just direct the Commission's attention to the minutes of the May 3rd meeting with the Dept. of Transportation in which the City Manager was directed to have the MPO write a letter to get bike lanes on SR 434. Manager Govoruhk was asked to review what was done at the May 3rd meeting, and report back to the Commission. Commission Seat III - John Langellotti: Absent. Mayor's Office-John F. Bush: Mayor Bush said he received a letter from Congressman Mica thanking the City for the use of City Hall on the 17th for his Town Meeting. It was well attended and a very good meeting. Mayor Bush read the results of Qualifying which ended Sept. 15th: Seat I - Lawrence J. Conniff and Elizabeth Harrow Seat III - Moti Khemlani and John Langellotti Seat V - David W. McLeod. The Canvassing Board to canvass the absentee ballots in the Nov. 8th Municipal Elections will be Commissioner Ferring, Commissioner Gennell and the City Clerk. Mayor Bush said at the last meeting he made a proposal about recognizing the out- standing citize~ship award for a senior citizen. He said he had a draft of the procedures he would like the Commissioners to review and make any comments. He said his intention is that we would make this award in December after the election is over with the new commissioners seated and it would happen every year in December. He asked that any suggestions or recommendations be turned in to the City Clerk. Mayor Bush said the other issue from the last Commission Meeting indicated we should start a dialogue with Oviedo and the County, and the County has agreed. Mayor Bush said he did contact the Mayor of Oviedo but has not heard back from her. Regular Meeting, City Commission, Sept. 26, 1994 Page 6 93-94-25 Mayor Bush said the City Manager's contract states the Commission shall review and evaluate the performance of the employee at least once annually before Nov. 1st. This is to be on the agenda for the next meeting. Meeting was adjourned 8:45 p. m. Respectfully submitted, ~~r~ -.M:ar::; T. }TertsBo, MA~ ff\. ~bP(\",..s City C19rk ~ -:Dep""~y (!..:4-y t!.-\-c..e.1( ~ /J.. U/-k A/V--- /: / C:) \ ,MAYOR BUSH