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Home My WebLink About1994 12 21 City Commission Special Minutes ...- .. .--. - --.. ~ .,-_.~~. - ,'--' -,. - ...._.~.. - ~_.~ ._. . .-. - SPECIAL MEETING CITY COM!vfISSION CITY OF WINTER SPRINGS DECEMBER 21, 1994 . ~~ :"'..-." The Special Meeting of the City ofWmter Springs was called to order by Mayor John F. Bush at 5 :05 p.m. . 1 Roll Call: Mayor John F. Bush, present Deputy Mayor John Langellotti, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: Lany Conniff, present John Ferring, present Cindy Gennell, present David McI:-eod, present , : IWS request notification of recycling collection day: City Manager Govoruhk stated IWS would like to get this done by January 3rd and the part in the contract states that the Commission has to approve the information that will go out to the customers. Mayor Bush stated that they are requesting a date change for the Tuscawilla area on recycling. Manager Govoruhk stated that they will be picking up. the garbage and trash on Tuesdays. Manager Govoruhk said the change will affect the residents from Winter Springs Boulevard to Trotwood and Northern Way. A filer will be mailed out to the customers by IWS and drivers will also have the fliers. There was discussion on the take-over ofIWS from B.F.I. Motion was made by Commissioner Ferring to approve the request of IWS for notification of recycling collection day change and in approving this the City does not waive itls right to raise as an issue that this Franchise does not transfer automatically to RF.I. who took over IWS. Seconded by Commissioner Gennell. Discusison. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Fening. Motion passes. Oviedo Crossing Shopping Mall: Mayor Bush stated that the only thing that we have received from Oviedo is a letter saying they will meet with us. My major concerned about this is the City ofWmter Springs Commission has only seen four alternatives to cross the easement, all presented by the developer. The City of Special Meeting City Commission December 21, 1994 94-95-6 Page 2 '~- ".1 Oviedo has not said one word to this Commission about what they want to do. After we voted down the four proposals at a previous meeting; the Commisison then gave me the go ahead to talk with the City of Oviedo as well as the County to see if we could work out some mutual agreement of some nature to hopefully avoid a lawsuit. I did meet with City Manager Williford and Pat Warren the County Commissioner, we had what I thought an excellent meeting and we all left with very upbeat alternatives. After that meeting was over the charge of each one of us was to take this back to our Commissions and hopefully the Commissions could then appoint others to work on this and expand on some of the ideas that were discussed. We never heard from Oviedo again and I made a few attempts to find out what was the delay and the only thing we ever heard was a letter with the intent of a law suit against us. That is one of the things I want to ask them tonight is what is their reluctance in wanting to talk about this other than haveing lawyers do it before judges. "i Commissioner McLeod said he thinks we need to talk with our council as to how he presently sees that maybe we should pursue this and I am in agreement that we should have a spoke person basicaly heading up our concerns from this Commission; but at the same time I would hope that we are at an open agenda and any member of this Commission may be able to raise an issue or to respond back to an issue is feeling different than other fellow Commissioners. Mayor Bush said it has been his feeling when asked by several people where do we stand on this and I have always commented that the Winter Springs Commisison has taken the stand that we are concerned about the traffic on Wmter Springs Boulevard, to my knowledge no Commisisoner has ever expressed any concern about the mall, and having it being built. It has basically been a traffic issue from day one, that certinally hasn't changed any, we have not seen any other proposals to my knowledge and I don't believe the City Manager has either even though I believe there is some indication that Oviedo did make another proposal to the County of which we are not aware of. Carl Gosline, Community Development Coordinator, stated that to his knowledge there are several issues going on at once, the D.R!., the preannexation agreement that Oviedo has approved and they have transmitted plan amendments to the Oviedo plan; the Seminole County is processing the plan amendment to the Seminole County Plan; so these things are all interrelated but they are separate distinct actions that are all going on. The Seminole County LP A will meet on the 4th to consider the plan amendment and then the Board of County Commissioners will have their transmittal hearing on the 24th of January for the plan amendment for the mall. I don't think there is any difference in the DR! is the basic data document that we have before us at this time. The proposal before everybody is basically a key intersection for the north access road into Winter Springs Boulevard inside the City of Oviedo, between the City limits of Oviedo and the beltway; pending annexation. Discussion. Special Meeting City Commisison December 21, 1994 94-95-6 Page 3 - '-1" ~ .:.~ Commissioner Langellotti asked the City Attorney is Mayor Greene ever returned a comment on the letter he (Kruppenbacher) sent on November 21, 1994. Attorney Kruppenbacher stated that he received the material on it from the City on the day of the 21th. : , Commissioner Fening said to the City Attorney to the best of his knowledge this meeting was suppose to be to discuss what options were available to us and you were suppose to have something laid out for us that we could look at so we could approach this thing in a little bit more of an intellegent manner when we meet with the City of Oviedo. Attorney Kruppenbacher said the purpose of this meeting was to have a pre-meeting to the meeting with Oviedo. It is quite simple, we have been notified by the City of Oviedo that they intend to file a condemnation action to take the easement. They have not told us anything else other than that, then we have seen the development agreement that they entered into a development order and that the Staff and us have been analyzing and dealing with. I think it inappropriate for Oviedo to expect us to show up tonight with some thought out plan or approach other than what I have advised before and I'll say it again: it is my recommendation that you go tonight, that you have proposed to them both prior to their taking this action that they work with you; that they delay any action until their staff jointly sit with your planning staff and the appropriate traffic consultants and discuss this issue; the only issue on the table is the issue of whether or not they traverse the easement. :'1 Myaor Bush read a letter dated December 16th from Oviedo City Manager Williford. Attorney Kruppenbacher said I think we should sit and listen to what they have to say to us, we filed with the City of Oviedo a notice of intent to file suit over certain things that we believe are inaccurate or incorrect regarding their proposed action, but that should not be a subject of tonight's discussion. ~. ',,~ , I I Mayor Bush said his assumption is that the Commission is still holding fast that this is a traffic issue and if there isn't a solution to this problem that addresses our concerns of the traffic on Winter Springs Boulevard then the Commission doesn't see a problem with it. This is a traffic issue it is not whether the mall will be build or not, it has never been that at all. Attorney Kruppenbacher said one of the difficulties at this point is that the City's traffic consulatant has not yet completed his analysis of what has been filed. Oviedo is fully aware that there are issues of what was originally proposed, it is rather unique to me that we are in an age of interlocal cooporation and so called joint comprehensive planning and working together yet all of this took place without them bothering to talk: to us ahead of time. Discussion. There was discussion on the spokesperson for the meeting with Oviedo. Special Meeting City Commission The meeting adjourned at 5:40 p.m. Respectfully submitted, Margo Hopkins, Acting City Clerk Approved: December 21, 1994 94-95-6 Page 4