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HomeMy WebLinkAbout1996 01 22 Other Item 1 Date: 01221996 The following Minutes for Meeting 01081996 were approved during the 01/22/96 Regular City Commission Meeting for this date. REGULAR MEETING CITY COMMISSION JANUARY 8, 1996 The Regular Meeting of the City Commission 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. ROLLCALL: Mayor John F. Bush, present Deputy Mayor John Ferring, present City Manager John Govoruhk, absent City Attorney Frank Kruppenbacher, present General Svc. Director John Ketteringham, present COMMISSIONERS: Larry Conniff, present John Langellotti, present Cindy Gennell, present David McLeod, present Approval of Minutes of Special Meetine: of December 4. 1995: ' Mayor Bush asked if there were any additions or corrections to the minutes of the Special Meeting of December 4, 1995. There were no additions or corrections to the minutes of the Special Meeting of December 4, 1995. Minutes stand approved as presented. Approval of Minutes of Ree:ular Meetine: of December 11.1995: Mayor Bush asked ifthere were any additions or corrections to the minutes of the Regular Meeting of December 11, 1995. There were no additions or corrections to the minutes of the Regular Meeting of December 11, 1995. Minutes stand approved as presented. PUBLIC INPUT Gwen Certain, 1419 Creekside Circle and Jane Edwards, 1415 Creekside Circle, in the Chelsea Parc subdivision, spoke regarding the problems with the property lines on lots 24, 25 and 26 and stated that they have been in front of the Commission regarding this problem and at that time the Commission gave the developer 90 days to resolve the problem and stated that the problem has not been resolved and the 90 days will be terminated two weeks from this evening. Commissioner Ferring stated that the Commission is fully sensitive to this situation and said the former person (Mr. Bolin) who was running the operation is no longer in charge and now Mr. Robinson is in charge. There has been a series of correspondence to the Land Development Coordinator. Donald LeBlanc, Land Development Coordinator, stated that the City received correspondence in December stating that Mr. Bolin was relieved and that Mr. Robinson would take control on January 2, 1996. On Jan. 2, ] 996, he phoned Mr. Robinson and told him what was transpiring and told him that he had a couple of weeks to get things straightened out or there would be no building permits issued for the property in Chelsea Parc Phase II. Discussion. Attorney Kruppenbacher said we will notifY Mr. Robinson tomorrow that we are putting them on Regular Meeting City Commission January 8, 1996 95-96-07 Page 2 the agenda for the January 22, 1996 meeting and that their deadline is rapidly approaching and we invite them during the next two week period and have a meeting with Staff and ascertain exactly what they maintain they have been doing and at the next meeting we can draw this issue to a conclusion. Mel Glickman, 703 Aberdeen Court, representing the HigWand Homeowners Assoc., spoke regarding the continuing water problem on Shepard Rd. and Sheoah Blvd. Kip Lockcuff, Public WorkslUtility Director, stated that the underdrains will be replaced within 60 days. GENERAL AGENDA Second Reading and Public Hearing: Ord. 602 - Deannexationl Annexation of Property located at Southern portion of Winter Springs next to Casselberry, providing for conflict, severability and effective date: Motion was made by Commissioner Conniff to read Ord. 602 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Bush read Ord. 602 by title only. Mayor Bush closed the Regular Meeting and opened the Public Hearing and asked if there was any member of the public who wished to speak concerning this Ord. Attorney Donna McIntosh, representing the City of Casselberry and Tony Segreto, Director of Public Works - City of Casselberry, spoke regarding this Ordinance. Commissioner Ferring asked the City Attorney about Attorney Lang being involved in this issue. Attorney Kruppenbacher stated that Attorney Lang advised him and the City Manager that all was in order and it was appropriate to go forward with the deannexation; the commitments with the City of Casselberry have been committed to by the City of Casselberry and I was advised to go forward with the deannexation. Discussion. Mr. Segreto stated that the area that Commissioner Conniff was concerned about will be cleaned up and that Attorney Lang's fees will be paid by the City of Casselberry. Commissioner Ferring asked about the small section on S.R. 434 (where a small strip center is located) regarding the annexation of that property into the City of Winter Springs. Attorney McIntosh stated that it was by requirements of Florida Statute Chapter 171 that the property couldn't be annexed. Discussion. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Conniff to approve Ord. 602. Seconded by Commissioner Regular Meeting City Commission January 8, 1996 95-96-07 Page 3 Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Second Reading and Public Hearing: Ord. 607 - Changing the Land use designation of the Future Land Use Map of that. 244 acre parcel located east northeast of Club House at Winter Springs Golf Course from "Conservation" to "Commercial". providing for conflict. severability and effective date: Motion was made by Commissioner Ferring to read Ord. 607 by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. Attorney Kruppenbacher read Ord. 607 by title only. Mayor Bush convened the Regular Meeting and opened the Public Hearing and asked if there was any member of the public who wished to speak regarding ord. 607. There was no member of the public who spoke regarding ord. 607. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Ferring to approve Ord. 607, changing the land use designation. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Genneli: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Second Reading and Public Hearing: Ord. 609 - Establishing User Fees and Charges for reclaimed water service per Section 19-138 of the Code. providing for conflicts. severability and effective date: Motion was made by Commissioner Conniff to read Ord. 609 by title only. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord. 609 by title only. -MayorBush convened the Regular Meeting and opened the Public Hearing and asked if there was any member of the public who wished to speak on Ord. 609. There was no member of the public who spoke regarding Ord. 609. Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner ConnitT to adopt Ord. 609. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Conniff aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. First Reading Ord. 610 - Closing the westerly four (4) feet of the easterly fifteen (15) foot utility easement located on Lot 4, Walden Terrace, as recorded in Plat Book 18, page 69, public records of Seminole County. Florida. providing for conflicts. severability and effective date: Motion was made by Commissioner ConnitT to read Ord. 609 by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: Regular Meeting City Commission January 8, 1996 95-96-07 Page 4 aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Attorney Kruppenbacher read Ord. 610 by title only. Discussion on ordinance 610. First Reading Ord. 611 - Vacating, abandoning and closing that part of Tract "B", The Highlands, Section 4, Plat Book 19, page 44, public records of Seminole County, Florida, providing for conflicts, severability and effective date: Motion was made by Commissioner Ferring to read Ord. 611 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Conniff: absent for vote. Attorney Kruppenbacher read Ord. 611 by title only. Discussion on ordinance 611. Request for Extension to approved engineering - Tuscawilla Country Club Maintenance Building (AuthOllty: Section 20-388(c)(1)): Donald LeBlanc, Land Development Specialist, stated Mr. Jim Mikes requested this extension because of the sale of the County Club, he would like to have a one year extension, the proposed buyers would build the new maintenance building. Motion was made by Commissioner Ferring to approve the one year extension for the Tuscawilla Country Club Maintenance Building. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Approval/Disapproval of McIntyre outstanding bill: Commissioner McLeod asked why is this bill in front of the Commission. Attorney Kruppenbacher said within a week prior to the Commission's last meeting, the Attorneys representing the Florida League of Cities contacted him (Kruppenbacher) and advised him in defending the law suit filed by Sullivan against the City, that they were in need in talking with Mr. McIntyre. They met with Mr. McIntyre and Mr. McIntyre was not predisposed and not inclined to talk with them without his fees having been paid. The League's Attorneys asked would the City pay those bills and authorize them -to pursuit payment base-d Upon what Stafftepreserited -nnhem during their facf investigation. That investigation was that the developer would pay the bill for the services in a counter claim to that law suit. So the reason this is in front of you now is it is based upon the insurance Attorneys understanding that they could make a viable counter claim to pursue the claim for fees. Mayor Bush said the City Attorney is recommending that the City pay this bill and then turn this over to the League's Attorney. Attorney Kruppenbacher said the City is faced with a large claim (a million dollar claim) and said he doesn't know how the other Attorneys would defend the claim without Mr. McIntyre. Attorney Kruppenbacher said his recommendation is to pay the fee and if the City if fortunate enough and win on the counter claim the City will get it repaid; the Commission needs to know that you may never see the repayment. Commissioner McLeod asked if the amount of the bill in the order of $18,000. Attorney Kruppenbacher said as he understands it from the City Manager, that is the amount. Commissioner Regular Meeting City Commission January 8, 1996 95-96-07 Page 5 McLeod said that bill was an original purchase order for $18,000 through the City of Winter Springs (number 13466) so there was a purchase order agreement with this company to do the work. Commissioner McLeod said that as he read through the documents, there was a meeting held and the developer had offered to repay the City (Sullivan). Since that time the Sullivan has not paid the bill and neither has the City. Attorney Kruppenbacher said that is correct. Commissioner McLeod said basically the City has an outstanding purchase order in that amount due Mr. McIntyre, if Sullivan had agreed with the City, it is not Mr. McIntyre's problem it is the City's problem. Commissioner McLeod said he doesn't see why this is in front of the Commission this should be a decision made by the City Manager to have handle this and then sue Sullivan to return the money back to the City. Commissioner McLeod said the way he sees it is the City owes Mr. McIntyre $18,000 and said the Attorneys in settling this case should try to get the $18,000 in part of the law suit. Attorney Kruppenbacher said unless he is directed other wise, he will advise the City Manager, upon his return and during the brief transition of authority between one Manager and the other, the two ofthem that one or both of them have the authority to pay the bill and authorize pursuit of a counter claim for collection of the money. Commissioner Langellotti said he disagrees with paying the bill. Discussion. Motion was made by Commissioner McLeod that the City pay Mr. McIntyre's bill and that it be turned over to the League of Cities to be put into a counter motion to be part of the law suit to collect the monies. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: nay; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. Approval/Disapproval of request for purchase of Self Contained Breathing Apparatus for the Fire Department and adiustments to the budget: Tim Lallathin, Fire Chief, explained to the Commission the reason for this request. Motion was made by Commissioner Conniff to approve the request for purchase of the Self --Co-"tained Breathitrg Apparatus and--a-djustments"to-the-budget. Seconded by"C(Hnmissiol1er Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Transportation Impact Fee Credit Agreement - Credit Agreement as per Section 9-386 of the Code for the construction of that part of Shepard Road (collector road) located within the Highland Lake Subdivision: Mr. LeBlanc said this is located in the HigWand Lake Subdivision for that portion of Shepard Rd. which was built by the developer; and stated that this is allowed by Code for building portions of collector roads. The developer will get credit for Transportation Impact Fees and if there are excess monies left it is not transferable to any other unit, the developer will get reimbursed for the Transportation Impact Fee paid. Discussion. Regular Meeting City Commission January 8, 1996 95-96-07 Page 6 Motion was made by Commissioner Ferring to approve the Transportation Impact Fee Credit Agreement between ADM-3 and the City of Winter Springs. Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Discussion of Drinking Water Fluoridation - Approval/Disapproval for action: Kip Lockcuff, Public Works/Utility Director, gave his presentation. Discussion. Motion was made by Commissioner McLeod to not to add fluoride in the City water supply. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: nay; Commissioner Langellotti: aye; Commissioner Gennell: nay; Commissioner McLeod: aye. Motion passes. City Attorney - Frank Kruppenbacher: 1) Reports 2) Second Amendment to Settlement Agreement to Permit the Development of remaining units of Arrowhead 3) Sign Ordinance issues 4) Unsafe building procedures 5) Impact fees 6) Vested right review: Attorney Kruppenbacher said he spoke with the Attorney for Industrial Waste Services (B.F.I.) and has advised me that they have opted to withdraw their request to transfer the franchise from B.F.I. to I.W.S. ; they will continue to operate as I.W.S. and he (Kruppenbacher) will be conferring that in a letter. Attorney Kruppenbacher said the result of Mr. Govoruhk and his visit to the City Manager's home area of Stuart reports that there is no evidence that the decision the Commission made to retain Mr. McLemore was in error. Mayor Bush stated that Mr. McLemore has signed the contract and the City has not. Attorney Kruppenbacher yes Mr. McLemore has signed the contract and as of the last time he spoke with Mr. Govoruhk it had not been signed by the City. Attorney Kruppenbacher said for the Mayor to sign the contract and have the City Clerk send Mr. McLemore a copy of the signed contract. Attorney Kruppenbacher said that the Commission has for information purposes, the second amendment to the Settlement Agreement to permit development for the remaining units of Arrowhead, that the Commission had previously approved. We have gone back and forth and worked up the written document, I forwarded to Mr. Govoruhk for he and the Staff to review and this is the final product that reflect the Commission's prior approval. Attorney Kruppenbacher said regarding the sign ordinance issues - we have two issues that surfaced regarding the sing ordinances. We did the resolution imposing a moratorium regarding billboards; about a week before Christmas 3-M tendered to him (Kruppenbacher) information regarding their thoughts on the concepts of where billboards should or should not be and the Commission identifYing a "zonerlt corridor where they would not be and then they could be elsewhere. There was also an additional issue this year that was raised about signs in the yards, which approaches the issue of the whole First Amendment Constitutional issues; T propose to you that once Mr. McLemore is on board, Regular Meeting City Commission January 8, 1996 95-96-07 Page 7 he and his Staff review those two issues (I am prepared to advise them legally) but they need to make some planning policy decisions and then bring them back to the Commission for approval or disapproval. At the next meeting we will bring back the ordinance to keep the moratorium in place. Commissioner Langellotti said regarding the agreement with the Country Club, what happened to the 69 acres. Attorney Kruppenbacher said the 69 acres is in the following status ( and has been that way for a long time) Mr. Mikes said he would like to donate the 69 acres and gave the City a deed that Manager Govoruhk has been holding, the Commission said you would not accept it without an environmental report advising there is no issue with the property. Mr. Mikes asked the City Manager to sign a letter for appraisal purposes regarding what the property could/could not be developed as, 1 would not recommend (or authorize as the City Attorney) the Manager signing that letter. Attorney Kruppenbacher said he worked through an amendment to that letter and right now we are working on it. Mr. Mikes has sent me a redraft and weare working through the final and should have that wrapped up, it is just the technicality of dealing with the appraisers and getting the letter proper where I am safe that we are not saying anything that we are not legitimately standing behind. Attorney Kruppenbacher said regarding the unsafe building procedures, on the next agenda we will have an ordinance to deal with anytime you identifY unsafe buildings and your ability to go in deal with it immediately if the property owner doesn't deal with it. Attorney Kruppenbacher said regarding impact fees - he and the City Manager have been working on this and going back through the minutes we have never been given direction by the Commission on this. The questions I will ask of you so we can either close or open this is: do you want us to proceed to bring an ordinance back to you that provides for an economic incentive by the relief of impact fees. Where it would involve the City having to expend dollars from another portion of the budget to pay for those fees. Discussion. Commissioner Ferring asked if there are other options the City has for incentive. Attorney Kruppenbacher said there are no other options. Commissioner Gennell said her answer is no, she stated that the City has a desirable area that is going to develop -- regardless and said she-is not willing to tax the residents to pay for commercial development.- Commissioner McLeod said can we not waive the City taxes on the property as an incentive. Commissioner McLeod suggested that the Commerce & Industry Dev. Board check into this and give the Commission recommendations, they should tell us what the City could be willing to waive to get business into the City. Commissioner McLeod said the thinks the Commission should direct the Commerce Board to put a package together and work with Staff and the City Manager and bring back to the Commission options. Mayor Bush asked Mr. Ketteringham to work with Mr. Lup, the Chairman of the Commerce and Industry Development Board to bring back to the Commission options for incentives. Discussion. It was determined that the Commission would like to have information in four months or sooner. Mel Glickman, Commerce & Industry Board member, stated that this should be a function of the Commerce & Industry Bd. but in cooperation with the City Manager and direction from the Regular Meeting City Commission January 8, 1996 95-96-07 Page 8 Commission. Gene Lein, 1173 Winged Foot Circle, asked a question regarding the Second Amendment to the Settlement Agreement, concerning the tennis courts. Attorney Kruppenbacher suggested that Mr. Lein come into City Hall and work with Mr. LeBlanc and look through the minutes where the changes were approved. Attorney Kruppenbacher said he doesn't think the issue that Mr. Lein has brought up is an issue to come before the Commission. If after reviewing the minutes and you identifY a problem between this and the minutes; Attorney Kruppenbacher then stated that the Mayor not sign the agreement and we would put this on the next agenda to be resolved. Mayor Bush said he would not sign the second amendment to the agreement until Mr. Lein gets with Mr. LeBlanc has a chance to discuss this. Attorney Kruppenbacher said to be sure that what was represented in our filings with the City and presented is what is taking place in reality. Attorney Kruppenbacher gave the Mayor and Commission an ordinance that gives authority to annex the portion of property that was part of the resolution of the settlement of the Oviedo Crossings law suit; this will be an agenda item for the next meeting.(this will be ord. 612) Attorney Kruppenbacher said he will check the Code to see if this has to go to P&Z first, in the meantime Staff needs to check the property description to assure what we are getting. Attorney Kruppenbacher also gave the Mayor and Commission a draft ordinance that is a proposal for financial protection for safeguards on the Fire Dept. ambulance system. This can be put on the agenda for the next meeting. (this will be ord. 613) Attorney Kruppenbacher said he will not talk about vested rights tonight because he received a letter from Donald McIntosh of McIntosh and Assoc., and will talk about that at the next meeting. Commissioner Ferring asked if the letter the Attorney was talking about was in regard to Mr. Mcintosh requesting a workshop because they have a problem with some questions on the S.R. 434 corridor. Commissioner Ferring said he doesn't see a problem with setting a workshop to discuss these things. Attorney Kruppenbacher said he recommends the Commission do that as soon as possible. Discussion. Attorney Kruppenbacher said Mr. McInosh identified in his letter that he and the Staff have a disagreement on this issue and urges the City Manager to request a reconsideration on it. It was determined that a workshop will be held on February 5, 1996 at 7:00 p.m. to discuss the S.R. 434 corridor. City Manager - John Govoruhk: 1) reports 2) Memo of proposed RFP's for Certified Auditors: John Ketteringham said the Manager wanted him to bring to the Commission's attention the memo that he wrote awarding the Boiler and Machinery Insurance to the Florida League of Cities. The Commission had awarded this to 1. Rolf Davis, in discussions with the company after the meeting he learned that they will not willing to insure just the Boiler and Machinery. Mr. Ketteringham said his recommendation is to award this to the Florida League of Cities for the amount of $4,218.00. Discussion. Regular Meeting City Commission January 8, 1996 95-96-07 Page 9 Motion was made by Commissioner Ferring to award the Boiler and Machinery contract to the Florida League of Cities. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: absent for vote. Motion passes. Attorney Kruppenbacher said the next item under the City Manager's seat regarding proposed RFP process for the certified auditors. The Manager has given you the information requesting your authorization to propose to implement that plan which calls for a I~gal advertisement to be published, the close/cut-off of the RFP's on Jan. 31, 1996, and then the selection process for the Commission. Discussion. The consensus of the Commission was in favor of the RFP for the certified auditors. Commission Seat III - John Langellotti: 1) Appointment to Board of Trustees: Commissioner Langellotti stated that he will have his appointment to the Board of Trustees at the next meeting. Commission Seat IV - Cindy Gennell: No Report. Commission Seat V - David McLeod: No Report. Commission Seat I - Larry Conniff: Commissioner Conniff wished everyone a happy, healthy and prosperous New Year. Commission Seat II - John Ferring: Commissioner Ferring said the Commission received a letter drafted by the Mayor regarding Winter Springs approval of the ambluance transport for the citizens. Commissioner Ferring stated that since the City voted on this issue a few weeks ago, two more or our sister Cities have joined their Fire . Depts. in that same service. -Commissioner Ferring said he thinks it is imperative that the letter by the Mayor be sent out explaining to the citizens that the Commission did not go against their mandate in the election of 1994. Commissioner Ferring asked the Commission's permission to send out the letter to the citizens. Discussion. Mayor Bush stated that he worked with the Fire Chief and City Manager to put the letter together, mainly for accuracy he wanted to make sure that he covered the information that the Fire Chief gave to the City as well as the other information that he relayed to us. Mayor Bush stated that he tried to keep the letter as factual as possible to what the Commisison has done and asked the Fire Chief and Manager to review it and the Commisison received a copy for your input as well. Mayor Bush said he put a form of the letter out on the Internet and has received nothing but positive comments back, I would like to see this go out to the citizens because this kind of information is what the citizens need because it is what really happened and the information in which the Commission made their decision, it is just the facts. Motion was made by Commissioner ConnitT to send the letter out to the citizens. Seconded Regular Meeting City Commission January 8, 1996 95-96-07 Page 10 by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner McLeod: aye. Motion passes. Mr. LeBlanc mentioned to the Commission that the Public Safety Complex was advertised for bid in Sunday's paper (01-07-96) and the bid opening will be on February 7, 1996. Mayor's Office - John F. Bush: Mayor Bush said through the Internet, the people in the City who have seen what'the Commission did regarding the ambluance service have been very positive and said he will forward some of the responses to the Manager so the Commission can read the positive reaction from the public. The meeting adjourned at 9:20 p.m. Respectfully Submitted, Margo M. Hopkins, City Clerk PROVED: 12 _ 0 ~ /6lU4