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HomeMy WebLinkAbout1996 07 22 Other Item 1 Date: 07/22/1996 The following Minutes for Meeting 07081996 were approved during the 07/22/96 Regular City Commission Meeting for this date. REGULAR MEETING CITY COMMISSION JULY 8, 1996 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:30p.m. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Ferring, present City Manager Ronald W. McLemore, pre~ent City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present John Langellotti, present Cindy Gennell, present David McLeod, present Mayor Bush mentioned that there has been a supplement added for Item E on the Regular Agenda. Mayor Bush also stated that the Commission will hear Item E on the Regular Agenda immediately following the Public Input. Approval of Minutes of June 24. 1996: Mayor Bush asked if there were any additions or corrections to the minutes of June 24, 1996. There were no additions or corrections to the minutes of June 24, 1996. Minutes stand approved as' presented. PUBLIC INPUT There was no Public Input. Regular Agenda Land Management Division E. Updating the Commission on the status of the James N. Duke request for a Comprehensive Plan Amendment on property located in Seminole County, and seeking direction relative to desired changes in current policy regarding the amendment. PURPOSE: to update the Commission on the status of the James N. Duke request for a Comprehensive Plan Amendment which will be presented to the County Local Planning agency on July 10, 1996, and the Board of County Commissioners on August 13, 1996 and to determine if the Commission desires to change its current policy regarding the proiect: Manager McLemore said at the last Commission meeting, the Commission voted to have a Public Hearing on this issue tonight to further discuss what the City's position and policy would be relative to this issue, which was the result of the citizen input that came out of the last meeting. During this time we continued (under the Commission's prior direction) to attempt to work with the Homeowner Association to come up with some type of negotiated position on this issue. We had some constructive meetings but unfortunately we were not able to get to a position that the property owners were comfortable with to be able to consent to a compromise on this. It doesn't appear we will be able to get to that position at this point in time. Manager McLemore said he suggests to the Commission that the basis of what we sent to the Homeowners Association, tIus past Friday for their meeting that evening for their consideration, was Reeular Meeting City Commission Julv 8. 1996 95-96-21 . Paee 2 probably the best we could do in terms of reaching an agreement. Manager McLemore stated at this point in time, the Commission's decision is to decide whether to maintain the Commission's current policy, or amend the policy to some degree to establish any grounds under which you would further find objection to this or look at some of the ideas in the proposal that was provided to the Homeowners Association - do you find any grounds upon which this might be acceptable. Manager McLemore stated what he needs from the Commission is a decision as what to transmit to the County. If the Commission decides to stay with your current position, we would simply reaffirm that position before the County's L.P.A. and/or the County Commission. Ernesto DiCarlantonio, 975 Citrus Wood Ct., Longwood, spoke against the request and asked that the Commission 1) sent a letter (first thing in the morning) to the County Staff stating that the City totally opposes this project, that the City will not annex this property with this proposed plan and the City will not be supplying water and sewer to this project. 2) and asked the City to put as much if not more energy in showing their support on behalf of the residents to the County for opposition to this project as they did for allowing the Staff to try and negotiate this deal. Bill Jones, 501 Erica Way, spoke against the request. Carl Chippone, McGregor Rd., President of the Highlands Homeowners Assoc., spoke against the request. Mr. Chippone stated the influence that the City has with the County is great and is reflected in it's verbal and written correspondence with the County as well as the agreements that the City enters into with developers and land owners that they bring to the County in support of their request. In this case it is critically important that the County is very aware and is very clear that the City does not support the development of this property as currently defined by Duke. The City began that process on May 13, 1996, when the City withdrew their approval of the project, but you left the door open on providing water and sewer. We want and expect the City to be our allies and even advocate and to even be present and representing the HigWands Homeowners views at County hearings. What the residents are asking from this Commission is reasonable and the right thing to do, that the County be made aware in writing promptly and we mean tomorrow morning, that any current agreements with Duke Properties are voided and that the City no longer agrees to provide water and sewer to the project nor agrees to annexation, simply because as the Commission previously stated, the Duke proposal is not compatible with the City's Comprehensive Plan and even more important because it does not safeguard the property values and beauty of the City's prize community. Jim Lassier, Attorney for Duke Properties, spoke for his client, Mr. Duke. Attorney Lassier stated that as he understands, the current position of this City, as expressed on May 13, 1996, is opposition to the zoning request, but there has been no formal resolution or determination or decision to repudiate the contract. Commissioner Ferring stated that the issue regarding the contract that was entered into between Duke Properties and the prior City Manager has been raised and this Commission has taken a firm decision Resmlar Meetin!! City Commission Julv 8. 1996 95-96-21 Paee 3 that there was no way that this City is going to provide water and sewer to the Duke Properties when there could be no agreement that was made between Duke Properties and the residents of the Highlands, the Commission made that quite clear. The City's Attorney articulated on it, that any type of contract like that would have to come before this Commission to be valid. Therefore, we consider it nonvalid and we are not going to provide water and sewer to this project. Commissioner McLeod asked if the City Attorney has se,en a contract. Attorney Kruppenbacher stated that the City Manager has reviewed with him a document written and dated May 8, 1995, that was propertied to be signed by the then City Manager John Govoruhk and Mr. Duke.' Commissioner McLeod said that was never voted on by this Commission, nor there was never direction given to the City Manager at that time by this Commission; and asked the City Attorney if that is a withstanding contract. Attorney Kruppenbacher said that the contract was not presented to the City Commission (to his knowledge). Commissioner McLeod asked if this Commission has the right to null and void that contract. Attorney Kruppenbacher stated he doesn't believe the Commission needs to take any action on this document one way or the other, because as he read the document, it presupposed that the developer would- annex into the City of Winter Springs in return for the water. Attorney Kruppenbacher stated that the City can only annex through an ordinance process which presupposes the Commission's vote, so you can't contract the way you vote; and sai,d he doesn't believe a Manager of this City has the authority to enter into a binding contract for this City that liables the City to anything without the Commission's approval, unless it is for the expenditure of monies below $4,000. Commissioner McLeod said for the record, it was his understanding (from the other evening) that the Commission opposed the project and that is what the Commission voted against was the project. At that time the Commission did not vote against the water nor the sewer but this evening it is his understanding is that the citizens would like the Comri1ission to oppose supplying the water and sewer and send that message also to the County; saying that the City is no longer willing to supply the water and sewer along with opposing the project. Commissioner McLeod stated that he believes that is why this is here this 'evening. Deputy Mayor Ferring said in the absence of Mayor Bush and Commissioner McLeod at the last meeting, that was going to be addressed but in respect to the fact that we wanted to have a full Commission present and Mayor; the Commission (present at that meeting) held off that situation until tonight. Discussion on this item. Attorney Lassier asked the Commission, on behalf of Mr. Duke, to not repudiate the contract. Attorney Kruppenbacher stated that he stands by his prior recommendation to the Commission and that is that he doesn't feel the Commission should take any action whatsoever on the piece of paper signed by Mr. Govoruhk, yea or nay, and said he doesn't feel it is necessalY to take action either way, he feels the Commission should take a position on the proposed project like the Commission has done Reeular Meetine City Commission July 8. 1996 95-96-21 Pa2e 4 before, unless the Commission sees reasons to change it, Attorney Kruppenbacher stated that he thinks the Commission has given Manager McLemore direction and the Manager ought to stand by that on the Comnlission's behalf, that this Commission does not support the project. Motion was made by Commissioner McLeod to direct the City Manager to continue the implementation that this commission opposes the project to all levels at the County and to have Staff actively oppose the project at the County and to' also direct the City Manager and the City Attorney to report back to the Commission at the next meeting to see weather or not the agreement is binding and that the Commission does not want to provide water and sewer to this project. And to send a letter to the County's Local Planning agency and to the County commission stating that the City opposes the project. Seconded by Commissioner Conniff. The Commission also stated that they would like a representative from the City at the meetings at the County and it was determined that the City Manager will be the representative. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Bush called for a break at 8:35 p.m. Mayor Bush called the meeting back to order at 8:45 p.m CONSENT AGENDA Commissioner Gennell asked to have Item E pulled from the Consent Agenda. Commissioner Ferring asked to have Items A, C and D pulled from the Consent Agenda Public Works Department B. Requesting authorization to enter into a Contract Agreement for the Installation of a Residential Reclaimed Water Distribution System. PURPOSE: to request authorization to enter into a contract agreement with Sunslune Building and Development Corporation for the installation of a residential reclaimed water distribution system at a cost of$121,920.50, plus a 10% contingency. Parks and Recreation Department F. Request that the Commission review the infornmtion regarding the City of Winter Springs Annual Employee Picnic scheduled to be held October 12, 1996 at 10:00 a.m. to 3:00 p.m. at Central Winds Park. PURPOSE: to update the Commission on the planning preparations regarding the event which will be attended by City employees, Commissioners, Board members and their families. ACTION: Motion was made by Commissioner Conniff to approve the Consent Agenda Items Band F. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Public Works Department/Stormwater Division E. Recommending installation of roadway underdrains in response to flooding complaints on Bonita Reeular Meetine City Commission July 8. 1996 95-96-21 Paee 5 Road. PURPOSE: to recommend the installation of roadway underdrains to help alleviate flooding problems on Bonita Road by piggybacking off of the Orange County underdrain installation contract at an estimated cost of $25.000: Wendy Maltz, 608 Bonita Rd., spoke about the flooding problems on her property. Gabriel Aviles, 604 Bonita Rd., spoke regarding the flooding problems on his property and on his neighbors property. Discussion on this item. Motion was made by Commissioner Gennell to approve the funds so that the City Manager can address the problem. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. Community Development Division A. Requesting the City Commission to approve hiring Berryman & Henigar to prepare Concept Plan for State Road 434 improvements from near U.S. 17-92 to State Road 419 to present to the Orlando Urban Area Metropolitan Planning Organization (MPO) for inclusion in Florida Department of Transportation's Five Y ear Work Program. PURPOSE: to give the City a viable project in the state 5 year program that can become a major component of the revitalization plan called for in the S.R. 434 Corridor Vision Plan: Discussion on this item. Motion was made by Commissioner Gennell tp approve the request. Se.conded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Community Development Division C. Request the Commission hold a Workshop on July 15, 1996 involving an update on the S.R. 434 Corridor Visioning Project, review of the proposed S.R. 434 Overlay District Land Development Regulations. PURPOSE: to give a progress report on the S.R. 434 Corridor Visioning project as well as to review the proposed S.R. 434 Overlay District Land Development Regulations: Discussion on this item. Motion was made by Commissioner Conniff to approve the request for a workshop on July 15, 1996 at 7:30 p.m. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Comnlissioner Langellotti: aye; Commissioner Ferring; aye; Commissioner Conniff: aye. Motion passes. Land Management Division D. Request Commission approval for the recordation of the plat and supplemental covenants, and ,\ , Reeular Meetine City Commission July 8. 1996 95-96-21 Paee 6 for the acceptance of the water, sewer, and recl,aimed water system for public ownership, Howell Creek Reserve Phase Two subdivision. PURPOSE: to approve the recordation of the plat and supplemental covenants, and to accept the water, sewer, and reclaimed water system for public ownership and maintenance: Discussion on this item. Motion was made by Commissioner Conniff to approve the recordation of the, plat and supplemental covenants, and for the acceptance of the water, sewer, and reclaimed water system for public ownership for Howell Creek Reserve Phase Two. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye. Motion passes. REGULAR AGENDA Land Management Division A Requesting Commission approval of the Second Reading of Ordinance No. 619 which will amend Section 20-232(a) (31) and 20-252(24) of the Code of Ordinances, deleting existing uses and inserting new uses. PURPOSE: 1) delete an existing use from Section 20-232(a)(31) "Full-service gas station, requiring that mechanical service be provided", 2) inserting a new use in Section 20- 232(a)(31) "Mini-Mart" (convenience store, snack shop and self-service gasoline sales)"; 3) delete an existing use from Section 20-252(24) "Junkyards" and 4) inserting a new use in Section 20- 252(24) "Full service gas station. requiring that mechanical services be provided": Motion was made by Commissioner Conniff to read Ord. 619 by title only. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Ferring: aye; Commissioner Ferring; aye; Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Oed. 619 by title only. Motion was made by Commissioner ConnifTto approve Ord. 619. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. City Manager B. Requesting the Commission consider the merits of adopting an interlocal agreement with the City of Casselberry to jointly pursue denial of a St. John's Water Management District permit approving the City of Altamonte Springs to use Gee Creek for flood and drainage control. PURPOSE: for the Commission to consider adoption of an interlocal agreement with the City of Casselberry to jointly pursue and finance legal action to prevent the St. John's Water Management District fi'om approving a flood and drainage control permit that would allow the City of Altamonte Springs to utilize Gee Creek to provide drainage and flood protection from persons and property located in Altamonte Re2ular Meetin2 Citv Commission Julv 8. 1996 95-96-21 Pa2e 7 Springs: Discussion on this item. Motion was made by Commissioner Conniff to approve the interlocal agreement with the City of Casselberry and to have the agreement state the dollar amount of the percentage that the City of Winter; Springs will pay. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell:, aye; Commissioner Langellotti: aye. Motion passes. General Services Department' C. Request the Commission approve the attached Drug- Free Workplace Policy by adopting Resolution No. 782 declaring the City of Winter Springs a "Drug-Free Workplace" and that the Commission consider amending the contract with the City's Physician, Dr. Russell Graham, M.D. for the drug testing component at the rate of $40.00 for five-substance screening. PURPOSE: to request Commission approval of the drug-free workplac~ policy by adopting Resolution 782 and 2) consider amending the contract with the City's Physician, Dr. Graham of the Alliance Medical Group, Altamonte Springs. FL: Motion was made by Commissioner Ferring to read Resolution 782 by title only for adoption and to approve amending the City's contract with Dr. Graham for the drug testing component at the rate of $40.00 for the five-substance screening. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Gennell: aye. Motion passes. General Services Department D. Request the Commission award the contract for duct work for City Hall to 4-Seasons Air Conditioning and Heating, Inc., of Orlando, FI as the lowest responsive bidder responding to bid specification number 96-018. PURPOSE: to allow the Commission to select a vendor to design and build a "return air duct work .system" for City Hall: Motion was made by Commissioner Conniff to approve the request to award the Contract for duct work for City Hall to 4-Seasons Air Conditioning and Heating, Inc., subject to legal review. Seconded by Commissioner Ferring. Discussion. Vote: Commission Gennell: aye; Commissioner Ferring: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye. Motion passes. F. City Attorney - Frank Kruppenbacher: Attorney Kruppenbacher stated that he contacted the office of Mr. Weinberg's law firm in Tampa, who is the outside Attorney that has been requested to review the City's options, rights, remedies regarding the situation involving the Oviedo Mall and stated that he has been advised by Mr. Weinberg's office that he can be available to report back to the Commission at the meeting of July 22, 1996. The Commission was in agreement to have Mr. Weinberg attend the July 22, 1996 meeting. Re2ular Meetine Cit,v Commission July 8.1996 95-96-21 Paee 8 G. City Manager - Ronald W. McLemore: No Report. H. Commission Seat IT - John Ferring: Commissioner Ferring questioned the settlement with the Sullivan lawsuit. Attorney Kruppenbacher said he will report back at the next meeting regarding the settlement with the Sullivan lawsuit. I. Commission Seat lIT - John Langellotti: Commissioner Langellotti asked that the Commission approve the payment of $25.00 to John Torcaso for his attendance at the South Seminole Waste water Transmission Authority. Discussion. Commissioner Langellotti asked about the updating of the Code Violation Ordinance. Attorney Kruppenbacher stated that Captains Pieper and Tolleson are working on that issue. Attorney Kruppenbacher stated that the Commission does not have to approve the payment to Mr. Torcaso as it is stated in the Charter that Board members will receive $25.00 payment for attendance at Board meetings. ) 1. Commission Seat IV - Cindy Gennell: Commission Gennell stated that she has received complaints from people regarding a motor home that is parked near Hwy.. 17-92 and that there are people living around that area and asked that the City Manager check into this to see whether the property is in the City and to take the appropriate action and if the property is not in the City limits to contact the correct authority to take action. K. Commission Seat V - David McLeod: No Report. L. Commission Seat I - Larry Conniff: Commissioner Conniff asked if the City is prepared for a Hurricane. M. Mayor's Office - John F. Bush: Mayor Bush asked about Colt Dr. and the flooding and pot holes in that road. The meeting was adjourned at 10:25 p.m. APPROVED: ~es ectfully Submitted, . ~.~ argo . Hopkins, CITY CLERK