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HomeMy WebLinkAbout1994 05 09 City Commission Regular Minutes . . . 93-94-15 REGULAR MEETING CITY COMMISSION MAY 9, 1994 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John F. Bush at 7:30 p.m. The invocation was given by Bishop Roger Van Komen, Church of Jesus Christ of Latter Day Saints. The pledge of allegiance to the flag was led by Commissioner John Langellotti. Roll Call: Mayor John F. Bush, present Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: John Ferring, present John Langellotti, present Cindy Gennell, present David McLeod, present Approval of minutes of April 25, 1994: there were no additions or corrections; the minutes stand approved as written. Public Comment: City Manager John Govoruhk, read a statement he said was provided him today. Moti Khemlani, president of the Tuscawilla Homeowners Association, spoke in reference to removal of signs. Isabella Laub, spoke to the Commission regarding their actions denying the Friends of Lake Jesup and the Florida Trails, and the denial for education funds by Commissioner Gennell. She also spoke about the 35th birthday celebration, and the Duda connection. Glenn Childs, Wildcat Court, asked if the Duda Project would be brought up this evening. Mayor Bush closed the public input portion of the meeting and asked if the Commission wanted to make any comments. Motion was made by Commissioner Ferring to put the Duda question on the agenda for the purpose of setting a date for a full hearing of it and a vote by this Commission. Seconded by Commissioner Langellotti. Discussion. Second was withdrawn by Commissioner Langellotti. Motion was made by Commissioner Ferring to put on the agenda the Duda project to be set at a date so indicated by this Commission. Seconded by Commissioner Langellotti. Discussion. Motion and second were withdrawn. Motion was made by Commissioner Ferring to place on the Agenda the scheduling of a formal Commission Meeting during which it could take the appropriate action it deems necessary on the Duda request. Seconded by Commissioner McLeod. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; motion carried. Mayor Bush re-opened the meeting to the public. Glenn Childs, Wildcat Court, spoke about the Duda project. Sherryle Lawlor, Northern Way, spoke about her concerns about the Duda connector. Regular Meeting, City Commission, May 9, 1994 Page 2 93-94-15 . Terry Back, Seneca Boulevard, said he wanted to speak in reference to the backflow devices. Luke Labreche, Gazelle Trail, said he did not want his community to be turned into a Palm Springs Boulevard. Mayor Bush called a recess at 8:45 p. m. and called the meeting back to order at 8:55 p.m. Motion was made by Commissioner Ferring that we set the meeting of May 23, 1994 as was indicated earlier to hear this out as was in the motion. Seconded by Commissioner Torcaso. Discussion.The City Attorney explained if this motion is passed, the Commission is scheduling on the agenda the authority to take whatever action it deems appropriate. That action to simply talk about it could be to vote it no, up, down, whatever they want to do. It is saying that that night the Commission will have the authority to act as a Body. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti,aye; Commissioner Gennell, aye; motion passes. Moratorium on Glen Eagle: The City Attorney explained the City received a request from Mr. Mikes for consideration for a moratorium for the construction of residences on lots in Glen Eagle. . Mr. Mikes, explained basically what the issue is. He said this was before the Commission that sat last year, and that there is a need to correct some deficiencies with the stormwater pipes that lead from Glen Eagle into the two ponds that exist on the golf course at the 13th hole and the 12th hole right adjacent to Glen Eagle. Mr. Mikes said at the time that he bought the golf course in 1987 the Winter Springs Development Corp. reserved an easement that was at a time that Glen Eagle had not commenced. They reserved the right to run four pipes from the cuI de sacs in Glen Eagle and take the stormwater from Glen Eagle and put it into those two ponds. At that time there were engineering plans that were approved to do that. Work was done by one specific contractor. It was not done in an appropriate fashion. The work was done in 1988 and corrective measures were done at some point in 1989, some in 1990 and some in 1991. Following the departure of the more cooperative faction of the Develop- ment group and the takeover of the development group by Home Capital and thereafter by the RTC, the effort to try to correct the situation ceased. Mr. Mikes went on to explain that development continued in Glen Eagle and at some point late in 1993 the development was sold to one other party. That party sold off all but about five or six lots and they are still faced with the situation. He said the homeowners have now been at control of the association within the last month and turned over to a homeowner controlled board. They have retained an attorney and engineer. The engineer submitted a report that the necessary corrective work would be in the range of $28,000 plus dollars to correct the deficiencies with the pipes. Unfortunately the homeowners are sitting there with an unfunded association which does not give them money to do the work at this point without some form of special assessment. Mr. Mikes said when he wrote the letter he requested the City become involved because the City is a party controlling the stormwater district impacts and the City has responsibilities to maintain. The Utility Director and Engineer have been made aware of the situation. . . Regular Meeting, City Commission, May 9, 1994 Page 3 93-94-15 Mr. Mikes said since he is the party with the land that continues to be burdened with the runoff and the problems, suggested we slow down and see what is happening, and what is going to be done to those ponds because the subdivision has no right to continue to hurt his property and they have no right to ask the City and the Stormwater District to bear the brunt of that either. Attorney Kruppenbacher said at the next meeting the Commission will have a formal recommendation from Staff and the City Attorney's office regarding the appropriate action to take to resolve this issue. Mr. Mikes said that would be acceptable. Commissioner Ferring referred to an agreement that was signed in 1987 which stated the developer was responsible, and he said the last thing that should happen is that the homeowners association should be responsible for something that was put on them after they finally took control. Commissioner Ferring asked the City Attorney to find out the legal determination on this agreement. Motion was made by Commissioner McLeod to take Item A, Moratorium on Glen Eagle, to deny that request and to put it on the agenda after further study by our City management and legal staff and to put it on the agenda for May 23rd. Seconded by Commissioner Genne11. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; motion passes. . YMCA Agreement for Approval: The City Attorney asked if there was any compensation in the City budget to be allocated for the YMCA project, and if there was, when the Commission approved the agreement, it should be definitively stated what the dollars are so there is no confusion. Commissioner Genne11 explained that $1,000 a month had been approved. Commissioner Ferring point out there were blanks in the agreement. He said under Sec. 3(a) terms of the agreement is blank; sec. 4(b) schedules; Sec. 6 the liability stated $500,000 and Commissioner Ferring asked if that is sufficient. Commissioner McLeod asked if this contract is open-ended; he asked about Sec.2(d) how many children; Motion was made by Commissioner McLeod that this Agreement be tabled and the YMCA Staff work with the City Manager to bring a contract back to the Commission with the blanks filled in by May 23. Seconded by Commissioner Genne11. Discussion. Paul Garcia of the YMCA, spoke to the Commission. Vote on the motion: Commissioner Ferring, aye; Commissioner Lange110tti, aye; Commissioner Genne11 , aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Agreement for architect for Police Complex for approval: Mr. Kevin Radigan from Architects Design Group was present to answer questions. Motion was made by Commissioner McLeod to table this item. Seconded by Commissioner Genne11. Vote on the motion: Commissioner Lange110tti, aye; Commissioner Genne11, aye; Commissioner McLeod, aye; Commissioner Torcaso, no; Commissioner Ferring, no; motion passes. . . Regular Meeting, City Commission, May 9, 1994 Page 4 93-94-15 Honigman Miller Schwartz and Cohn Statement for Professional Services dated May 31, 1991-Request authorization for payment: Commissioner Ferring spoke about the bill which went back three years. Motion by Commissioner Ferring to reject this and tell them we are not paying it. Motion died for lack of a second. Motion was made by Commissioner McLeod, that if our City Attorney is telling us that this is a legitimate bill that at this time by all good faith by this City that this bill definitely should be paid at the 20% discount. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, no; motion passes. Interlocal Agreement between the School Board and the City of Winter Springs: Motion was made by Commissioner Ferring to accept this document, the Interlocal Agreement between the City of Winter Springs and School Board of Seminole County. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; motion passes. Backflow Devices, Inspection Fee/Block Rates-Discussion: Terry Back, Seneca Boulevard, said he had written a letter to Commissioner Ferring on behalf of the homeowners regarding the annual inspection of the backflow devices. He recommended the City take action to do all the backflow devices at one time and . that they change the way they are inspected and repaired. The Utility Director is proposing we eliminate the $25.00 fee, and implementingsthe block rates. He spoke about the level of service which was adopted in the Comprehen- sive Plan was supposed to be 125 gpd in 1995 per capita. He explained we dropped from 143 to 142 this year so we are not on track to meet our goal of 125 by 1995 and 115 in 1997. Mr. Lockcuff explained we have an irrigation well on the golf course which we are responsible for maintenance and we are trying to get a consumptive use permit on that. He said the St. Johns Water Management District are really low on what they want to give us. Motion was made by Commissioner Ferring in request of the consensus to return with the following proposed changes to the Code of Ordinances: Numbers 1 through 5 that we recommend it. Seconded by Commissioner Torcaso. Discussion. In discussion Commissioner McLeod said he would highly recommend this City get out of the backflow prevention business from a standpoint of testing them and from a standpoint of initial inspection fee is fine. From a liability standpoint he said he would get us out of that and go back to the Utility Director's recommendation on increases based on your not doing inspections and make mandate that it is done by an outside firm. Vote on the motion: Commissioner McLeod, no; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. . First Reading of Ord. No. 561, amending Sec. 16-55 of Article III of Chap. 16 Signs and Advertising, etc.: . . . Regular Meeting, City Commission, May 9, 1994 Page 5 93-94-15 Motion was made by Commissioner Torcaso to read by title only. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion passes. Motion was made by Commissioner Langellotti to table until the next meeting. Seconded by Commissioner Gennell. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, no; motion passes. There was no report from the City Attorney. City Manager John Govoruhk: Manager Govoruhk reported the zoning map is being updated, and will be on the agenda for May 23, 1994 for approval. The playground equipment has been installed and checked out. The putt-putt is still on schedule and hopefully will be completed by June 15th. Commission Seat V - David McLeod: Commissioner McLeod asked for a breakdown of attorney fees from each Commissioner on this Board. Motion was made by Commissioner Ferring that we get rid of the $350 a month and we put it in a pool and anybody that wants education can draw from that money. Motion died for lack of a second. The consensus of the Commission was for the Attorney to present such a bill. Motion was made by Commissioner Ferring to nominate Kipton Lockcuff to be the representative of the City of Winter Springs for the Lake Jesup project. Seconded by Commissioner Torcaso. Discussion. Commissioner Gennell said the legislation calls for it to be an elected official. Vote on the motion: Commissioner Langellotti, no; Commissioner Gennell, no; Commissioner McLeod, no; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion fails. Commission Seat I - John V. Torcaso: Commissioner Torcaso remarked the two people at the end of this Commission Board are not elected officials, both appointed. He saif if there is any mention of putting an elected official in there, you better make sure it is an elected official. Attorney Kruppenbacher said they are within the parameters of elected officials. Commissioner Torcaso said he attended the opening of the Expressway at SR 434 on Saturday. Commission Seat II - John Ferring: No report. . . . Regular Meeting, City Commission, May 9, 1994 Page 6 93-94-15 Commission Seat III - John Langellotti: Commissioner Langellotti asked the Utility Director if odor on the golf course and Mr. Lockcuff answered they could not detect any odor. he solved the problem of the were out there today and Commission Seat IV - Cindy Gennell: Commissioner Gennell reported she attended a workshop on the Central Florida Regional Transportation Authority System about their final plans for bus lines. Commissioner Gennell said she also attended the Orange Seminole Land Trust last week. It is an effort to take the proposed bike path and trails that were all pieces and parts of all cities' projects and super impose them on to one map and hopefully make that map representative of what the E.C.F.R.P.C. wanted to go after. The link that is going through Winter Springs is on 20,000 different lists, and it was once called the Sanford Oviedo trail; once called Spring Hammock Oviedo Trail; once called Lake Jesup Trail. Commissioner Gennell said last week she was success- ful in getting them to call it the Winter Springs trail. Commissioner Gennell gave a brief update on the 35th Anniversary celebration. She said her only concern is about the available parking over at the Senior Center. She said she would like some direction on how to handle that. She said the two options are to have a public safety officer out there to monitor the traffic or to release the ballfields for parking. The City Manager was asked to look into that. Commissioner Gennell said as of this date $2,300 has been received. The date is June 25th and the hourse of the exhibition at City Hall will be 10 a.m. to 3:00 p.m.. The guest speakers will be from 3:00 to 4:00 p.m. approximately and then a reception will be held at the Senior Center from 4:30 to 6:00 p.m. Commissioner Gennell said the City employees should be encouraged to feel free to attend inasmuch as a lot of them may not live in the City; at least they should feel they are a part of what has made this celebration possible. Commissioner Ferring how much money has been expended so far. Mayor Bush asked Manager Govoruhk to give the Commissioners a copy of the expenditures for the celebration from the Finance Director. Mayor's Office - John F. Bush: Mayor Bush said he attended the dedication of the Winter Park Health center that is going in with the Oviedo Crossings. He said he could not help but notice in the presentation it was referred to as being in Oviedo. Mayor Bush said he pointed this out to the gentleman and he apologized and he indicated he would ask the media to enter Winter Springs into the information that was being distributed. Mayor Bush said we all have to be cognizant of that because it does seem like people do not realize the third largest city in Seminole County is Winter Springs, and unless we say something nobody else will either. Mayor Bush asked that the information on the traffic study for the Duda project be made available for citizens to review. . . . Regular Meeting, City Commission, May 9, 1994 Page 7 93-94-15 Mayor Bush apologized to the Commissioners for the short notice on the work session. He said he felt it was necessary from the standpoint that McDonald's has plans before us already. He said we are very loose what we are going to do with SR 434, and it is time to get it started. Commissioner Gennell spoke about the letter about the four foot bike lanes, and she passed out copies. Meeting adjourned 11:15 p.m. Respectfully submitted, ~r:~ Mary T. Norton, City Clerk Approved: ~?~ ,MAYOR J N F. BUSH