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HomeMy WebLinkAbout1995 03 27 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION MARCH 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 asked for a moment of silent prayer. Approval of Minutes of Regular Meeting of March 13. 1995: Mayor Bush asked if there were any additions or corrections to the minutes of the Regular Meeting of March 13, 1995. There were no additions or corrections to the minutes of the Regular Meeting of March 13, 1995. Minutes stand approved as presented. Approval of Minutes of Special Meeting of March 15. 1995: Mayor Bush asked if there were any additions or corrections to the minutes of the Special Meeting of March 15, 1995. There were no additions or corrections to the minutes of the Special Meeting of March 15, 1995. Minutes stand approved as presented. PUBLIC COMMENT William Reeves, Seneca Blvd., spoke regarding the settlement agreement and the traffic issue. Attorney Kruppenbacher expressed to the Mayor and Commission that they not discuss that issue as the City is being sued. The Homeowners Assoc. has filed a lawsuit against the City and for the Commission to comment on this, in his opinion, is to be talking to an adversary. You are in an adversarial relationship with the Homeowners Assoc. and I don't want you to be creating records that are coming back and are misinterpted. Commissioner F erring said he would try to respond as best he can in lieu of the caveats that our Attorney has given us. Understand that we are presently under a litigation position, so therefore we can give you just briefly what has transpired. I tried to articulate at the meeting of March 20th some of the issues that we had to face, only to be rebuffed by the people that were present at that time. We tried to make an explanation that we could within the parameters of not violating anything that could possibly be used against us in a court of law. Therefore, what I put on the record at the last meeting is a matter of public record and you are certainly entitled to get that information. I can only tell you, in respective of what happens with this particular issue as it goes down the line, that eventually this Commission will hold out their hands to the residents of Tuscawilla to try and heal whatever hard feelings they may have by giving them maximum input on what this Commission deems is in the best interest of Tuscawilla and the community and we are going to do that. At this particular point it is premature for myself or anybody else to go into anything further. I think we have made our position quite clear. Commissioner GenneU also mentioned that in the Seminole Extra section of March 26, 1995, it made Regular Meeting City Commission March 27, 1995 94-95-17 Page 2 a special announcement that said in next Sunday's edition they plan to do an extensive analysis of the whole mall issue and suggest Mr. Reeves watch for that. Attorney Kruppenbacher said what Mr. Tipton originally evaluated was not what was ultimately evaluated, there were changes made by the applicant in the DR!, when he evaluated the change of the intersection that was to be approved and the law enforcement that we could negotiate to lock up and deal with; he (Mr. Tipton) came back with a conclusion that there was a zero impact, I "sat on him" on that for the last two to three months, on the position that we had to have leverage to negotiate because I kept saying why is it East Central Florida Regional Planning Council and the County keep giving me the opinion that everything is "ok". Then what became apparent was that the St. John's and ECFRPC opinions were there was not going to be an impact with traffic that couldn't be dealt with, and when Mr. Tipton reviewed the additional proposal he came back, and that is the expert they have always relied on, and said there would be zero impact. The question becomes would the Judge say that is not really a conservation easement within the meaning of the Statute or not and if we lost that issue, would we loose complete ability to deal with traffic and properly align it and properly protect the neighborhood. The second thing is, there is another Statute that talks about that if you haven't used an easement for the intended purpose, you may have an obligation to give the easement back and there would be those arguments. Without taking any chances, based upon the professional opinions of the experts this Commission had the ability to totally protect the neighborhood by working a deal as opposed to risking loosing everything. I can tell you that from what I understand, ifwithout any of those options, Mr. Tipton said would be horrific for us; the critical opponent for us was the ability to control that intersection. That is what has transpired, what's happened is there not been a lot of talk, because I asked the Commission not to talk about it. Commissioner Ferring stated to Mr. Reeves to picture in his mind and hopefully every resident in Tuscawilla will picture in their mind what Mr. Kruppenbacher said and what I tried to say last week, ifwe went through litigation process and ultimately did not prevail, you know what you would see on Winter Springs Blvd., you would have absolutely no control with the City of Oviedo and they could do anything that they desired; this way what we've done, we felt we not only safe guarded the Tuscawilla community by insisting in minute detail traffic enforcement, multi jurisdictional, that not only will the City of Oviedo but the City of Winter Springs will be on top of the enforcement on an as needed basis when ever it is necessary. That is the thing that I think was very critical to us, that we could show the people in the community that not only is it impossible to get into that mall from Tuscawilla but if somebody decided to go over the barriers that are being put there, or decided to make U-turns further up and come around, we would be there to meet them and to stop any ideas of future travelers going that direction. With that being in place, and it was very difficult, there was changes from the original sketches and the original configurations that we had in the beginning; there were changes to further guarantee that the traffic would only come in from S.R. 426 and only would exit to S.R. 426, this was the major priority that we had on the table when we went into negotiations. Steve Long, Eagle Nest Circle, spoke regard the traffic issue and the settlement agreement. Regular Meeting City Commission March 27, 1995 94-95-17 Page 3 Proposed Interlocal Agreement - Approval/Disapproval for Interlocal agreement between the City and the School Board for the construction of the proposed elementary school on Shepard Road: Donald LeBlanc, Land Management Specialist, stated that the interlocal agreement is identical to the agreement that was written for the High School with the exception of shared usage of facilities. By your approving, if this is your desire, this will fast track the review of the project when it comes before Staffand before you for approval. The School Board signed the agreement on February 14th. Commissioner Gennell mentioned that in that agreement under "C", they left off from the other agreement, the archeological survey which needs to be put on. Diane Kramer, Executive Director of Facilities for Seminole County Public Schools, stated that the only reason that was left out was it was our understanding when we went through the High School site that that was added because of the location of the High School. If there is some reason that you want it put on this one, we could but it will be very difficult with the time frame that we are on, on this piece of property because we plan on opening the school in July of 1996. Commissioner Gennell mentioned that Ms. Kramer was right, that it was a partial consideration for the shores of Lake Jesup but the area that this school site is on is part of the Soldiers Creek area and that was part of the area that Seminole County preliminary archeological survey was conducted in part of that area, so that little part is considered sensitive in that respect and I would like to see that included in this as well because that is a sensitive area. Ms. Kramer said that we are preserving all of the wetlands on the site. I understand your concern, it's going to be very difficult for us to do that and meet the time schedule that we are dealing with. Commissioner Gennell asked if they are only going to build on the area that has already been disturbed with farming. Ms. Kramer yes, we are not getting into the north part of the property. Commissioner Gennell said as long as they are not going to go into the north portion, she will not be concerned. The other thing I will suggest is that we insert the same clause that is in the other one referring to Section 235.02 Florida Statutes, it permits and authorizes the use of the school buildings and school grounds as community centers. Ms. Kramer said that was fine. Discussion. Motion was made by Commissioner Ferring to approve the interlocal agreement between the City of Wmter Springs and the School Board of Seminole County for the construction of Elementary School "E"~ also including the clause to permit and authorize the use of the school buildings and school grounds as community centers. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Langellotti: aye~ Commissioner Ferring: aye. Motion passes. Ms. Kramer stated that the School Board is asking for suggestions for the name of the elementary school and they welcome any suggestions that the Commission may have for the name of the elementary school. Regular Meeting City Commission March 27, 1995 94-95-17 Page 4 Mayor Bush stated that the next three items on the agenda are all second readings and public hearing and asked for a motion to have the Attorney read by title only all three ordinances. Motion was made by Commissioner Ferring to read Ordinances 574, 580 and 581 by title only. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye~ Commissioner Ferring: aye~ Commissioner McLeod: aye~ Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ordinances 574, 580 and 581 by title only. Public Hearing and Second Reading Ord. 574 - Joyce Rezoning: Mayor Bush opened the public hearing for ord. 574. Greg Bocnik, Orange Ave., President of South Lake Jesup Shores Homeowners Assoc., spoke against the rezoning. Mr. Bocnik stated for the record: Our Homeowners Assoc. is adamantly opposed to this rezoning proposal. Back when the ACLF precipitated it, we made a big point that the zoning change was the unacceptable part. We didn't particular want an ACLF here, but were willing to compromise if at least the zoning stayed R-U and comparable with the actual usage with the land surrounding. You have a letter on file from the County which basically says the same thing. The County is opposed to increasing the density of this property, and this is not a new position but was stated as far back as 92 in the Seminole County review of the Winter Springs land use map. The Winter Springs zoning Board also did not approve this zoning change. The Joyce's maintain that they are entitled to this zoning because of the land use map, they have some sort of vested rights. We disagree, first R-U is an acceptable designation under mixed use, second the land use map does not dictate zoning, ifit did we wouldn't need a public hearing. The Joyce's also argue that they have C-3 already, but we counter that argument because the little pieces left offer and use to be part of the Feeder Truss land, which they sold for the school. We feel the City, the homeowners and the County all agree that intensifYing development here is wrong. Transportation, ecology, quality of life are the reasons, the solution is simple - to deny this request. Bill Reichman, Attorney representing Ms. Joyce, gave the Mayor and Commission a packet containing some of the documentation that has been created through the extended and lengthily history of this request. Mr. Reichman summarized the events leading up to this public hearing. (see attached) Mr. Reichman said as he has mentioned before, we have been before you several times, and the Planning and Zoning several times, we've met with your Staff and Attorney; because of problems that we had, we lost the contract with the buyer to develop this property as an ACLF. Ms. Joyce has invested substantial time and effort and finances in this process; we were handed this evening, ten minutes before this public hearing, a memorandum from an attorney with reasons why everything I just went over is wrong. I am concerned that this information could not have been provided to us at an earlier date so we would have the opportunity to evaluate it and review it. Regular Meeting City Commission March 27, 1995 94-95-17 Page 5 Attorney Kruppenbacher clarified for the record, Mr. Bricklemeyer is an Attorney representing the city in this particular matter so there is no ex-parte communication. Attorney Kruppenbacher asked Mr. Reichman ifhe would like this matter continued to allow he and his client to evaluate the memo that Mr. Bricklemeyer prepared and that was provided to you this evening. Mr. Reichman stated that this matter has been continued many times and at this point in time we don't feel it is necessary because this is information from an Attorney and not an expert who can testify and provide any basis for substantial competent findings of this Board, the answer is no. Attorney Kruppenbacher then asked if they would like this matter continued to provide an opportunity to question Mr. Bricklemeyer regarding this evidence. Mr. Reichman stated no and we would submit to the Board that this is not evidence. Joan Randolph, Professional Planner and Consultant, gave the Mayor and Commission an outline of her presentation (see attached). Ms. Randolph stated she briefly reviewed the memo prepared by Mr. Bricklemeyer and said that many of the things he talks about is he says that R-3 is consistent, and he also talks about Concurrency. Concurrency is usually a site plan issue, whatever project comes before you whether it has the zoning or is requesting zoning, in order to pull a building permit must comply with all Concurrency issues; that includes the roads, water, sewer of which he had mentioned. Ifa property can't comply and meet Concurrency levels of service, then they must either make it up or it has to be in a planned program by the City or County or even the State. On behalf of the owner, I don't believe she would have a problem with making a commitment that all improvements required by code to support the development on the site will be provided. In concurrency, there are very few applications before you that can meet concurrency the day they apply for their application, it is always get the zoning and then talk about the infrastructure to support that use; again the City has the ability to and regulations through concurrency to be able to make sure that those improvements are in place or are going to be in place when development is coming on board. There are many different zoning that would fit into this category but it comes down to R-3 is consistent. In Mr. Bricklemeyer's summary he talks about concurrency and commitments that if the Commission finds there is no plans or commitments to provide roadway improvements or water and sewer facilities necessary to support the multi-family development it could deny the R-3; the owner is willing to make those commitments based on whatever use that happens fall into that site under the R-3 zoning. There is also talk about the County land use; the County land use again, is to the north of this site, this site is between the high school and the lake; this is a perfect transitional zoning for that area. The low density residential allows up to four units an acre, the next category in Seminole County Comp Plan future land use category, the R-3 would fall within that category; it is not a high density residential zone and is considered more of the lower end of the multi-family zoning. There are single family zero lot line that could get up to five or five and a half units per acre and we are talking about seven and a half I'm hoping this give you some understanding and hope that I brought some incite into it for you. City Manager Govoruhk requested that the Commission table this until the next meeting, so that Staff Regular Meeting City Commission March 27, 1995 94-95-17 Page 6 can analyze the experts opinion and report back to the Commission and myself for the next meeting. Commissioner Ferring said in lieu of the fact that the late receipt of the information that has been put forth before us, in order to give our Commission time to review all of the information plus the presentation that was made by Mr. Reichman and Ms. Randolph. Motion was made by Commissioner Ferring to table this issue. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye. Motion Carried. The City Clerk announced the meeting will be held on April 10, 1995, at 7:30 p.m. Public Hearing and Second Reading Ord. 581, to amend Section 9-241 of the Code of Ordinances, Stormwater Management: Mayor Bush opened the public hearing and asked if there was anyone present to speak on this issue. There was no one present who wanted to speak on this issue. Mayor Bush closed the public hearing and reconvened the regular meeting. Motion was made by Commissioner Ferring to approve Ord. 581 to amend Section 9-241 of the Code of Ordinances, Stormwater Management. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Public Hearing and Second Reading Ord. 580 - vacating First Street and unnamed road (Seminole Pines) across from main enttyWay to City Hall: Mayor Bush opened the public hearing and asked if there was anyone present to speak on this issue. There was no one present who wanted to speak on this issue. Mayor Bush closed the public hearing and reconvened the regular meeting. Motion was made by Commissioner Langellotti to approve Ord. 580, vacating First Street and unnamed road (Seminole Pines) across from main entryway to City Hall. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Sign Ordinance - Update: Mayor Bush stated that the City Attorney has asked that this item be tabled until the next meeting. New Rules for Commission meetings: Attorney Kruppenbacher gave the Mayor and Commissioners copies of the Council agenda used by the City of Orlando to review. Attorney Kruppenbacher also gave the Mayor and Commissioners a copy of the Ormond Beach booklet that they have in their lobby for the citizens for review. Attorney Kruppenbacher said he will be working on revising that agenda in line with the Commission's prior discussion and have that on the next agenda. Staff can work on the Ormond Beach document in line with the concept of the City of Winter Springs. Regular Meeting City Commission March 27, 1995 94-95-17 Page 7 Mayor Bush asked the Commission if they want to set a time frame to establish the new set of rules. Discussion. This item will be on the next agenda. Orange Avenue and Spring Avenue - Contract with Seminole County: Attorney Kruppenbacher asked that this item be removed from the agenda and the City Manager will get back with the Commission when it will be put back on. City Attorney - Frank Kruppenbacher: 1. Reports: Attorney Kruppenbacher gave the Mayor and Commission a copy of the first draft of the ordinance and asked that the Commission put on the next agenda the first reading of the Ord. that would terminate, vacate and abandon the conservation easement. He asked the Commission to get with him if they had any comments etc. Attorney Kruppenbacher also gave the Mayor and Commission a copy of the mutual aid agreement to be put on the next agenda that deals with the policing issues on Winter Springs Blvd. Attorney Kruppenbacher then gave the Mayor and Commission a copy of the escrow agreement letter that clarifies very specifically, both Oviedo, Rouse and Viera has signed off on the escrow agreement and we will bring back to you at the next meeting the first reading. Attorney Kruppenbacher said in regards to the lawsuit, we have received a request for public records, and stated that the Mayor should be selVed with the lawsuit, as soon as you are selVed please call me right away, they have to selVe you or the Deputy Mayor. As you know ECFRPC has approved the project and it goes in front of Seminole County tomorrow night. Mr. Govoruhk and I will double check of the exhibits of the agreement tomorrow, then the Mayor will sign it and then we are done with the signing of the agreement and move into the stages that I asked you to put on the agenda for the next meeting. Commissioner McLeod asked when will the ord. vacate the easement. Attorney Kruppenbacher stated that the last paragraph states that this Ord. is to be placed in escrow and only released pursuant to the terms in the above referenced settlement agreement. Commissioner Gennell said for point of clarification, we are ultimately vacating the entire easement, rather than giving them a license to go over one spot. Attorney Kruppenbacher said the agreement that you settled (the City) called for giving a license during the interim and then terminating and vacating upon their payment of the million, doing all the conditions, the annexation etc. that is why this will be held in escrow pending completion of all their obligations. Commissioner Gennell mentioned to the Attorney that we received a letter from the State Attorney about the investigation in the Park and Recreation Dept., it refers to unlicensed software they had, but they don't have the software any more and I would like the City Attorney to check into it and see, if they don't have the software how do they know it was unlicensed software if they didn't see it. Regular Meeting City Commission March 27, 1995 94-95-17 Page 8 Attorney Kruppenbacher said he will call the State Attorney. City Manager - 10hn Govoruhk 1. Reports: Manager Govoruhk said Commissioner Conniffhad asked about the backstops at the park. They are checking into them to see what can be done and raise the current backstops. Manager Govoruhk also said the Commission has a copy of a letter from the Florida Soccer League which stated they want to donate a set of#lO soccer guards and goals to the City. Manager Govoruhk also mentioned that he just received a letter that the City of Winter Springs has been named Tree City again for the fourth year running. Manager Govoruhk said in reference to Commissioner Gennell's inquiry, I talked to the State Attorney, they have gotten with Mr. Hankins and they have seen the program and the print out from the program and the State Attorney's investigator was satisfied that it was an illegal program that was not registered with the City of Winter Springs and we have no record of that program being registered with the City. Commissioner McLeod said this letter talks about continuing of records destroying was computer generated and so on~ the information I was given was not from employees of this City, that it was from computer generated documents, it was hard fact, daily copied, hand written reports that had been altered and changed. I mentioned that before to you and brought that to your attention and the investigation seems to be in the direction of a program or a computer lost records, I want to put that back on the record for clarification to you. Manager Govoruhk said on the hard copy reports, we completed our investigation which confirmed hard copy reports being altered, being signed and that is where the previous employees are no longer here, we took necessary action. Any other hard copies, if you notice in the letter the Administrative Secretary for the Dept. kept the actual official work hours separately, apparently I assume Mr. Hankins and the State Attorney was satisfied that all hard copy records were accounted for. Except for the ones that you mentioned, I do have copies in the investigation report that were signed off and altered at that time. Commissioner McLeod asked if the City Manager was satisfied and in agreement with the official record from the State Attorney that no records by any present employee had been altered, that is presently within the City government at this time. Manager Govoruhk said he will get back with the investigator to double check on that because he only had one sentence on official records. In talking with Mr. Hankins, he was satisfied, and I wasn't aware that he had the disk as was indicated in the report. Commissioner McLeod said the Commission did ask that the final reports come directly to us and not come through anyone and apparently that is what happened and I'll give you that leeway to to that. Regular Meeting City Commission March 27, 1995 94-95-17 Page 9 Commissioner LangeUotti asked if the donation from the Soccer Club was for Central Winds Park. Manager Govoruhk said yes. Commissioner Gennell said regarding the records in the Parks, if the Administrative Secretary kept all the hours separately then what was kept on the computer disk. Manager Govoruhk said he will double check, but from what he understands, on the computer disk had nothing to do with pay records, it was strictly a scheduling of personnel and again it was never authorized by the City to have that program on City equipment which are licensed. Mayor Bush recommended to the City Manager that he do an audit of all the City's computer systems, because to have an unregistered software on any of our computers is a violation of the copyright laws. Manager Govoruhk said that has been addressed, and a memo is being drafted for every computer we have and every program we have to make sure they are authorized. Commission Seat II - John Ferring: No report. Commission Seat III - John Langellotti: No report. Commission Seat IV - Cindy Gennell: No report. Commission Seat V - David McLeod: Commissioner McLeod said the Chairman of the Planning and Zoning Board, Grace Ann Glavin has turned in her resignation, and announced that he will have his nomination at the next meeting. Commissioner McLeod also asked when will the issue regarding Tuscawilla Road and the wall issue for Oak Forest will be on the agenda. Commissioner McLeod said that he feels the Commission needs to address that from a standpoint of the cost of the wall, financing the wall and is the Commission going to address that at this time and be able to respond back to the people in Oak Forest. Commissioner Ferring said right now;ye are in a holding pattern waiting for Seminole County to address this issue officially on the 20th of March. When it is finally in place then we can get productive in the areas you are concerned with. Discussion. Commissioner Ferring said he will look into the 3% for beautification etc. Mayor Bush said we will ask Commissioner Ferring to pursue this with the County and come back to the Commission. Discussion. Commissioner Gennell asked for a copy of the questions that were proposed to the County. Mr. LeBlanc will see Commissioner Gennell gets a copy. Regular Meeting City Commission March 27, 1995 94-95-17 Page 10 Commissioner McLeod stated that he was disappointed with the County Commission because from the stand point that everything we have addressed and what the homeowners addressed at the school meeting was almost for not. Commissioner Ferring said he feels that is an accurate appraisal of the situation, the County was very adamant in their position regarding how they were going to build the road and due to the fact we went back and forth and try to pose different options, we eventually came up with some type of compromise where the County were willing to give us a certain amount of funds to do certain amounts of beautification on our road. However, they absolutely said that they were not going to build a wall for Tuscawilla Road and their engineering staff as told them what they projected was what they were going with. Commissioner McLeod stated for the record he felt very unhappy with the performance of the County Commission from the stand point that they took up the public meeting times in this community, with this road, ended up all input and absolutely I have not seen one change to anything, other than at the end saying we can make it a little more beautiful provided the City of Winter Springs wants to put up money to do certain things other than that any input with safety or direction of the road or any of those issues that the residents along the corridor raised, were for not. Mayor Bush said he thinks this issue needs to be addressed by the Commission as an agenda item. Discussion. Mayor's Office - John F. Bush: Mayor Bush gave the Commission a copy of the statement that he plans to read at the County Commission meeting on 3-28-95. Mayor Bush recessed the regular meeting at 9:20 p.m. and the Mayor and Commission went into closed executive session regarding the Firefighters Union. Mayor Bush reconvened the regular Commission meeting at 10:30 and call a recess. Mayor Bush reconvened the regular Commission meeting at 10:45 p.m. Mayor Bush stated he feels that the City should put out some information on what the settlement agreement says, since we are not being able to respond to the citizens inquiries because of the lawsuit. Attorney Kruppenbacher said he has been working on that with Commissioner Ferring, the developer and Donna McIntosh and we will have a letter ready to distribute to you this week. Discussion. There was discussion on distribution of the letter to the residents. It was a consensus to the Commission to have the letter for the County Commission meeting on 3-28-95. I ~ Regular Meeting City Commission The meeting was adjourned at 10:55 p.m. Respectfully Submitted, ~:~~ City Clerk March 27, 1995 94-95-17 Page 11