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HomeMy WebLinkAbout1995 02 27 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS FEBRUARY 27,1995 The Regular Meeting of the City Commission of the City of Winter Springs was called to order by Mayor John F. Bush at 7:30 p.m. For the invocation Mayor Bush called for a moment of silent prayer. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Langellotti, present City Manager John Govoruhk:, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present John Ferring, present Cindy Gennell, present David McLeod, present Approval of minutes of Special Meeting ofFebruaty 6. 1995: Mayor Bush asked if there were any additions or corrections to the minutes of the Special Meeting of February 6, 1995. There were no additions or corrections, the minutes of the Special Meeting of February 6, 1995 stand approved as presented. Approval of minutes of Regular Meeting of February 13. 1995: Mayor Bush asked ifthere were any additions or corrections to the minutes of the Regular Meeting of February 13, 1995. There were no additions or corrections, the minutes of the Regular Meeting of February 13, 1995 stand approved as presented. PUBLIC INPUT: Russ Robins, Oak Forest resident, thanked Commissioner Ferring for his efforts to try to get the wall through the County and hopes that they can work closely together with any further developments of that. Commissioner Ferring thanked Mr. Robins and stated that the deal with the County was put together by the entire Commission. Mayor Bush recognized County Commissioner Win Adams who was present for the meeting. GENERAL AGENDA: Mayor Bush stated there is three first readings on the agenda and there is no public comment regarding first reading and asked for a motion to read by title only for the three ordinances. Motion was made by Commissioner Langellotti to read Ord. 574, 579 and 580 by title only. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Regular Meeting City Commission February 27, 1995 94-95-13 Page 2 Attorney Kruppenbacher read Ords. 574, 579 and 580 by titles only. Attorney Kruppenbacher stated that the Public Hearing and Second Reading for the Ordinances will be held on March 27, 1995. Grand Reserve - Request to record plat and covenants only: Donald LeBlanc, Land Development Specialist, stated that the Commission had previously gone over the covenants during final approval of the engineering. The City Attorney has the letter of credit in the amount of $265,000 which the City Engineer has approved. Attorney Kruppenbacher stated on the letter of credit there is one paragraph that talks about if the City reduces it with a letter to the financial institution, it will be reduced accordingly monthly and we would like this approved with the understanding that the City does not interpret the letter of credit to require or obligate the City to reduce the letter of credit by any amount. If that understanding can't be reached with the applicant, then we will ask for a letter of credit without that condition. Motion was made by Commissioner Ferring to approve the request to record the plat and covenants for Grand Reserve and with the understanding that the City does not interpret the letter of credit to require or obligate the City to reduce the letter of credit by any amount and if that understanding can't be reached with the applicant, then we will ask for a letter of credit without that condition. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. Rouse Proposal: Commissioner Ferring stated that this Oviedo Crossing Settlement Agreement that was published in the Orlando Sentinel on Saturday, did not get into my hands or anybody's hands until late Friday afternoon. How this was negotiated and who negotiated it and who put forth these proposals is without my knowledge and without any of the Commissioners knowledge. Commissioner Ferring stated that he thinks this is an insult for somebody to put forth a proposal that gets in the hands of the media before it gets to this body, who is currently in a litigation process, is entirely out of order. This whole proposal was not negotiated by anyone that I am aware of, where the proposal comes from he does not know. Motion was made by Commissioner McLeod that the Commission hold an executive session due to the fact that we at the present time are in legal litigation with the City of Oviedo and due to that he believes that this should go into executive session. Seconded by Commissioner Conniff. Discussion. Attorney Kruppenbacher stated for the record that he received his copy of the document on Friday afternoon at 3 :30 p.m., via FAX from the City Manager, who had received it shortly before. Neither he nor I participated in negotiating or having any input regarding this document or the terms. I first found out a document would be coming late Thursdays and I did articulate my concern that it was unique that it would go directly to the Commission and not through the channels. I would recommend that you not have any consideration of this item tonight; I have not had an opportunity to sit and confer with Attorney Bricklemeyer, who is my co-council in this matter regarding this Regular Meeting City Commission February 27, 1995 94-95-13 Page 3 document, or to talk to Mr. Tipton about it. The City Manager and I have not had an opportunity to sit down and talk about it and the implications to the City and so I do recommend that we have an executive session and if you want to consider it, put it on the next agenda where the public can provide input regarding the document. Discussion. Vote on the motion: Commissioner Langellotti: nay; Commissioner Ferring: nay; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher stated that per Section 286.011, that we need an executive session regarding the litigation matter. The subject matter of this meeting will be confined to settlement negotiations or strategy issues regarding the current pending litigation involving the City of Oviedo, their condemnation, the litigation we filed against Oviedo and the developers, the entire set oflawsuits. The entire session will be recorded by a certified court reporter; the report will record the times of commencement and the termination of the session, all discussion and proceedings. The names of all persons present at any time will be recorded and the names of all persons speaking, no portion of the session that will be held will be off the record, the court reporter will then fully transcribe those minutes, they will be filed with the City Clerk within a reasonable time after that meeting. The minutes will remain confidential until conclusion of the litigation that I have referred to. I would proposed and recommend to you that the meeting be next Monday night. There was discussion as to when to hold the executive session. It was the consensus of the Commission to hold the executive session on March 6, 1995 at 7:00 p.m. Attorney Kruppenbacher stated the following people will be in attendance: Attorney Frank Kruppenbacher, City Manager John Govoruhk, Mayor John F. Bush, Commissioner John Ferring, Commissioner Larry Conniff; Commissioner John Langellotti; Commissioner David McLeod, Commissioner Cindy Gennell, City Clerk Margo Hopkins, Court Reporter, Attorney Keith Bricklemeyer, William Tipton, Sr., traffic consultant, William Tipton, Jr., Assistant City Administrator John Ketteringham, Land Development Specialist Donald LeBlanc, and from my office Linda Kelsker. The session will commence at the opening of the meeting in the conference room at 7:00 p.m., the Mayor will then announce at the opening of the session, on the record, record everyone present, at the conclusion of the Attorney/Client session the meeting shall be reopened publicly and the Mayor, who is chairing the meeting, will announce the termination of the session. Per S. 286 (e), the transcript will be made part of the public record upon conclusion of the litigation. Attorney Kruppenbacher said thereafter if the Commission decides to have this on the agenda, the City Manager and Mayor can take the steps to put it on the agenda. PUBLIC INPUT ON THIS ITEM: Diane Back, Seneca Boulevard, spoke on the proposed mall and stated No Mall. Russ Robins, Oak Forest, also spoke against the proposed mall. Terry Back, Seneca Boulevard, President of Chelsea Woods Homeowners Assoc., spoke regarding Regular Meeting City Commission February 27, 1995 94-94-13 Page 4 the proposed settlement agreement and stated regarding gating their community and it is their strongest recommendation that the Commission does not act hastily on the proposal. Marquee Sign Request - Badcock Furniture request to replace sign at Village Marketplace (pigglyWiggly) with a new marquee sign: Donald LeBlanc, Land Management Specialist, stated that this is a request for a marquee sign for Badcock Furniture at the old Piggly Wiggly shopping center. The code does not address this, you have a design of what they propose to do and will replace the existing sign. Discussion. Motion was made by Commissioner Gennell to approve the marquee sign request by Badcock Furniture. Seconded by Commissioner Ferring. Discussion. Attorney Kruppenbacher stated for the record, we do have the moratorium in place, but t as Mr. LeBlanc confirmed this is a replacement Sign. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Request for extension to approved engineering - Tuscawilla Country Club Maintenance Building (Authority: Section 20-3 88( c)( 1 )): Donald LeBlanc, Land Management Specialist, stated the project was approved by the City on April 11, 1994. Section 20-388(c)(l), gives the Commission the authority to grant a one year extension. Motion was made by Commissioner Conniff to approve the extension to the approved engineering for the Tuscawilla Country Club Maintenance Building for one year. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennelt: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner McLeod: aye. Motion passes. Southern Bell- Request for term of Franchise: Mayor Bush stated that the Attorney has requested that this item be pulled from the agenda. Attorney Kruppenbacher said if it is appropriate to put this on another agenda we will advise the Commission. Up-date on the Ranchlands paving and drainage issue: Kip Lockcufl: Public WorkslUtility Director, stated the results from the are survey back and he has summarized them. We sent out 293 surveys regarding paving the Ranchlands, and we received 73% back. The north half of the Ranchlands were admittedly against paving; the southern half was basically split on that issue. My recommendation is that I don't think we have enough of a consensus to precede with the permitting requirements that the St. John's require and just do the improvements that are identified in the Stormwater Master Plan. Motion was made by Commissioner McLeod that we do not precede with the paving of the Ranchlands and we leave the streets dirt as they presently are due to the returns of the survey and continue to maintain the streets. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Regular Meeting City Commission February 27, 1995 94-95-13 Page 5 Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Discussion of Pension Plan request regarding upgrading certain sections: Art Hoffinann, Chainnan of the Board of Trustees for the Pension Plan, stated that the Commission has his letter dated February 6, 1995 and will answer any questions regarding that letter or anything else regarding what the Trustees are doing. Mr. Hoffmann stated that the Trustees looked at the plan as it now and it appears that employees have to wait ten years to be fully vested and then depending on what month of the year they retire or leave employment, they could loose the last several months of what the City contributed to their plan because they didn't leave on an evaluation date; which could be as much as eleven months. If the evaluation were done twice a year then that could be five months. An additional evaluation would cost the City about $500.00 per year, however if you look at paragraph three, if you change the plan such that an employee could notify the City that you would like to keep these funds in the plan until the next evaluation date. Discussion. Motion was made by Commission Ferring to go along with the recommendations of the Board of Trustees. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. City Attorney - Frank Kruppenbacher 1. Wage and Hour Issue. 2. Reports: Attorney Kruppenbacher stated that we were going to discuss the wage and hour issue, but it has not been finalized; we will have it on our next agenda. Attorney Kruppenbacher mentioned that he did extend to the developer in the lawsuit, the opportunity to go to mediation; I recommended a mediator being the former Chief Judge of the Florida Supreme Court from Miami, FL. City Manager - John Govoruhk: 1. Reports: Manager Govoruhk stated that last meeting he was asked a question in regards to his retirement, I have given this considerable thought, the best answer I can give at this time is that the Commissioners will receive an answer and will know it in a very timely fashion. Manager Govoruhk mentioned his memo of January 24, 1995, regarding fee proposal for visioning task, I would like to get your recommendation on that. Motion was made by Commissioner Gennell to hold a workshop regarding the visioning. Seconded by Commissioner McLeod. Discussion. Commissioner McLeod withdrew his second. Commissioner Gennell withdrew her motion. Commissioner Ferring stated that the proposal deals with six different phases and a complete one day Regular Meeting City Commission February 27, 1995 94-95-13 Page 6 visioning seminar, where Berringman and Henninger will conduct a complete public workshop for 12 hours to allow all of the public input that there could possibly be in planning the development of the S.R 434 corridor. Phase two is the redevelopment of the plan schematic map which will provide a guidance for landscape street-scape design as well as potential development. Phase three is the street scape guidelines and document format for both public and private development in the area. Phase four is the overlay district regulations to be applied to supplement the underlying zoning districts by providing standards that complement and implement the redevelopment vision. Phase five is the rezoning, they will recommend zoning and/or land use plans and amendments; they will prepare the necessary documentation and the submission information for the Dept. of Community Affairs. Commissioner Ferring said what he thinks we have been looking for is the visioning process and input from the community as to what they feel and what they would like to see happen on the corridor. We have asked this firm to give us guidance and vision and all we have to do is come on board with it; I think it we have a fairly decent start; that includes all the Boards that we have in the City. Manager Govoruhk stated that with getting together with Mr. Goodrow, hopefully we have covered all the bases that the Commission has asked; we were looking to have everything done and completed this year, from start to finish. We feel that by doing it this way, that you the Commission, public and everybody will be involved and will be done in a timely manner and less expense to the City. Commissioner Gennell asked will this address building setback, lighting treatments, sign controls, provisions for utility service, street furniture and wonder if it will encompass those things. Manager Govoruhk said what he requests is anybody that does have any questions please give them to me and I will make sure that everything is covered; and to answer your question that is yes. Discussion. Motion was made by Commissioner Gennell to place on the agenda this item with authorization for the City Manager to take the steps to execute the contract. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye. Motion passes. Manger Govoruhk also mentioned that he met with Florida Power last week, and we were told that they will be replacing the high tension power lines. They have run into problems along Gee Creek and the park area; we have given them permission to come in off of Fisher and Bird Road to their transfer station. They will be starting this week and will be going on both sides of S.R 434, and will be completed by the first of June. Manager Govoruhk also stated that he received a letter Fr. Bluett and the St. Stephens' Spring Fest will start April 27, 1995. Commission Seat III - John Langellotti: Commissioner Langellotti commended Don Wilson and his Staff for the grand opening of the Little League. Regular Meeting City Commission February 27, 1995 94-95-13 Page 7 Commission Seat IV - Cindy Gennell: Commissioner Gennell thanked Kip Lockcuff for making provision in his Master Plan Planning for the small park that we discussed and encouraged the City Manager in the mean time to look for Grants that Commissioner Conniff and Commissioner McLeod had mentioned in relation to that small park off of Fairfax Ave. and First Street. Commissioner Gennell mentioned that there was a great deal of unity present tonight expressed by the community, by several communities and stated that it was a direct reflection of this Commission not bickering over this item but showing a unified front and it encourages the community to come forward and behave accordingly. Commission Seat V - David McLeod: Commissioner McLeod stated that he is sorry that he missed the opening day of the Little League. Commissioner McLeod also thanked the City Manager for his comments this evening, that he answered what he needed to know. Commission Seat I - Larry Conniff: Commissioner Conniff also thanked Don Wilson and his Staff for the opening day of the Little League. Commission Seat II - John Ferring: Commissioner Ferring stated that he received a letter from County Commission and Chairman Randy Morris regarding our past meetings and their discussion on the widening of Tuscawilla Road. Commissioner Ferring read the letter from Chairman Morris. The letter stated that the County Commission has in concept approved the proposed Tuscawilla improvements as set forth in his letter of February 14, 1995. The approval was conditional upon the acceptance ofa County-wide road enhancement policy based on the approved 3% for the new road construction and future widening projects. The Board is seeking consensus between the County and municipalities and has further requested consent of the City Managers for use of funds from $.01 cent infrastructure sales tax as to a funding mechanism for the 3% solution. Today, Feb. 22, 1995, the City Managers unanimously backed this initiative with the exception ofLongwood City Manager, who was absent; therefore, the Board of County Commissioners will be addressing this matter again on Tuesday, February 28, 1995 at 9:30 a.m. Commissioner Ferring asked if the Commission will allow him to attend that meeting as a continued representative. It was the consensus to the Commission to have Commissioner Ferring attend the Feb. 28, 1995 meeting at the County. Commissioner Ferring mentioned he made an editorial replay to the editorial that was in the Sentinel on Feb. 19, 1995, and stated that there was a reprint of that letter, in sorts this past Sunday. Commissioner Ferring stated that he put a copy of the letter in it's full context in all Commissioners mail boxes and the Mayor's. Regular Meeting City Commission February 27, 1995 94-95-13 Page 8 Mayor's Office - John F. Bush: Mayor Bush read a memo to the Commission from himself asking the Commission to hold a special session for the Commission to discuss in which way they want the City to go in coming years and to give the City Manager direction as to what the Commission wants. Discussion. Motion was made by Commissioner Gennell to set a time for a Saturday workshop. Motion dies for lack of a second. Mayor Bush asked if the Commission would like the result of the Ranchlands paving survey published in the Winter Springs Bulletin. The Commission had no objections to printing the ranchlands survey in the Winter Springs Bulletin. Mayor Bush said the Manager will work with the Editor of the Winter Springs Bulletin so this could get published. Mayor Bush also commended Don Wilson and his Staff for the great job at the opening of the Little League. The meeting adjourned at 9:00 p.m. ~~~ Margo Hopkins, City Clerk APPROVED: ~?:~ HN F. BUSH, MAYOR