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HomeMy WebLinkAbout1994 10 24 City Commission Workshop Minutes REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS OCTOBER 24, 1994 The Regular Meeting of the City Commission of the City of Winter Springs was called to order by Mayor John F. Bush at 7:35 P.M. Mayor Bush called for a moment of silent prayer. The pledge of allegiance to the flag was led by Mayor John F. Bush. Roll Call: Mayor John F. Bush, present Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, absent City Attorney Frank Kruppenbacher, present Commissioners: John Ferrlng, present John Langellotti, present Cindy Gennell, present David McLeod, present Approval of minutes of October 10, 1994: there were no additions or corrections; the minutes stand approved as presented. PUBLIC COMMENT: Paul Partyka, Oswego Court, gave the Mayor and Commissioners copies of the latest press releases regarding the Wmter Springs Art Festival. Entertainment is scheduled for both days, December 3rd and 4th, and on Sunday afternoon Jackie Jones will perform. Mr. Partyka requested ifthere was a way the City of Winter Springs could help in terms of handling the budget for staff personnel that is needed for Saturday and Sunday. Discussion. Mayor Bush stated that there is no budget item for this in our coming year's budget, and stated that he personally donated $100.00. Commissioners Ferring, Langellotti, McLeod and Attorney Kruppenbacher all stated that they would donate $100.00 which would help pay the staff Mike Wilson, Assistant Coordinator for the Orlando Urban Area Metropolitan Planning Organization Bicycle Pedestrian Program, asked if the issue of the bike lanes on S.R. 434 will be brought up at the meeting tonight or could he speak at this time regarding the bike lanes. Mayor Bush stated that is not on the agenda but any Commissioner could bring this subject up under their seat. Mayor Bush then stated that the City Manager was directed at the last meeting to research this and will come back to the Commission with ideas for the Commission to address, however this subject will be on a future agenda. Kitty Reilley, Moree Loop, stated that at the last meeting she stated that she was very much in support of widening the shoulder ofS.R. 434 and the extension to four foot. Since that time she met with the City Manager and found out the widening of the road is planned with a two foot shoulder and it is not designated as a bike lane. Ms. Reilley also mentioned that it has been brought to her attention that the City of Winter Springs would inherit a certain degree of liability for any accidents that could occur if the widening of the shoulder goes to four feet. Ms. Reilley stated the main factor Regular Meeting City Commission October 24, 1994 94-95-2 Page 2 is that a five foot sidewalk is going to be built at the same time as the road widening and for the record she has changed her opinion regarding the bike lanes. Joseph Genova, Adidas Road, spoke regarding City Attorney Kruppenbacher's decline for the United States Attorney for this district. Mr. Genova also spoke regarding the ambulance service and the ad that was in the Orlando Sentinel, he asked to have it clarified will the ambulance service be free or will the citizens pay for this through tax revenues. Mayor Bush stated that the public notice that appeared in the newspaper is the official answer to his question. Discussion. Mr. Genova also asked about the abuse of expense accounts that was bought up at the last meeting. Mayor Bush said the City has not altered any of it's policies regarding the handling of expense accounts and it would have to be done by the Commission and it has not been addressed as yet. Tom Brown, Adidas Road, spoke on behalf of the Tuscawilla Homeowners Associations which he is the First Vice President, and thanked the City of Winter Springs for their support of their candidates evening. John Nelson, Biscane Drive spoke regarding the liability of the two foot bike lanes on S.R. 434. Mayor Bush stated again that the City Manager will bring back to the Commission other options and this subject would be more appropriate at that time. Mayor Bush said to stay in touch with the City Clerk and the Clerk will let him know when this item will be on the agenda. Mayor Bush also mentioned that Mr. Nelson should pass on the information that he has to the City Manager. GENERAL AGENDA Public Hearing and second reading of Ord. No. 570, amending Sec. 20-164, Building Height Regulations. Chapter 20 of the Code of Ordinances. etc.: Motion was made by Commissioner LangeUotti to read Ord. No. 570 by title only on second reading. Seconded by Commissioner Ferring. Discussion. Vote on the motion: Commissioner McLeod; aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; motion passes. Attorney Kruppenbacher read Ord. No. 570 by title only on second reading. Attorney Kruppenbacher stated that this ordinance would change R-1AA and R-IA, one family dwelling districts to permit building or structures not to exceed thirty-five (35) feet in height. Mayor Bush recessed the Commission meeting and opened the public hearing on Ord. No. 570 amending Sec. 20-164, Building Height Regulations, Chapter 20 of the Code of Ordinances, etc. No one spoke for or against the amending of Sec. 20-164, Building Height Regulations. Chapter 20 of the Code of Ordinances, etc. Mayor Bush closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Ferring to approve Ord. No. 570, amending Sec. 20-164, Building Height Regulations, Chapter 20 of the Code of Ordinances, etc. Seconded by Commissioner Regular Meeting City Commission October 24, 1994 94-94-2 Page 3 Langellotti. Discussion. Vote on the motion: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner McLeod; aye; motion passes. Fox Glen (Chelsea Parc Phase III) - ApprovaVDisapproval (property located at intersection of Greenbriar Lane and Winter Springs Boulevard): Donald LeBlanc, Land Management Specialist, stated that the Staff has reviewed this and has recommended approval subject to the covenants and deed restrictions being reviewed by the City Attorney. LeBlanc said as he stated in his memo, he highly recommends that the area where the ponds are should be platted along with the plat because the plat that the developers are proposing does not have this area included in the plat. LeBlanc also stated that he feels that there are another 40 lots to be put on the eastern edge of the property and with talking to Dave Clark, he thinks they were under the impression that they will still be able to purchase some utility property. The StatT has been adamant against selling utility property to a private developer and said that he believes the City Attorney has addressed this subject with the developer. LeBlanc stated that he didn't believe 40 lots will be able to be put in that area and the excuse of the cost is not relevant to a project when it comes to the protection of the City and the citizens that will be living there; as is stated to Mr. Clark in my memo, the easement that is proposed did not even include the pond on the southern portion of the property and I feel that it is a better project overall if that area to the east is included in the plat as Tract "A" Common Area. Discussion. Commissioner Gennell question the Staffs approval of this without sidewalks. LeBlanc stated that this was approved without sidewalks and was grandfathered in when Quest Properties took the project over, and in your packet there is a copy of the minutes of April 27, 1992 where this was approved and the City Attorney specifically brought up the fact that this project had previously been approved without sidewalks and the streets not built to City standards. LeBlanc read a portion of the minutes of April 27, 1992, where Attorney Kruppenbacher explained to the Commission what they were approving. Discussion. Commissioner Langellotti asked about butTering on Winter Springs Boulevard. Mr. Bowman, developer, stated that there is a landscape easement there with a wall planned along Winter Springs Boulevard. Discussion. Motion was made by Commissioner Ferring for approval of Fox Glen (Chelsea Parc Phase III) on the presumption that they will comply with the Staffs requests regarding the drainage areas and Homeowners Documents. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner McLeod: aye; Commissioner Gennell: nay; motion passes. Attorney Kruppenbacher emphasized for the Commission that this case really illustrates the significance of carefully evaluating a project at the preliminary stage because there are certain inabilities to modify between the preliminary and final. Attorney Kruppenbacher stated that the preliminary lays out the broad terms, and we can give some very definitive waivers at the preliminary stage and you can't undo those stages at the final stage. Attorney Kruppenbacher reiterated that at the preliminary stage you need to be careful at that point because you can't get out of it. Discussion. Regular Commission Meeting October 24, 1994 94-95-2 Page 4 Request City Commission approval of equity study COmmISSion occupational licenses as recommended by Building Official: Don Houck, Building Official, stated that in your package it outlines what the situation is with the occupational licenses. This is an opportunity that the State has given local governments to take control of the occupational licensing in their jurisdictions. In the past any time that you wanted to revamp your occupational licensing classifications or fees, that was at the discretion of the State. The purpose of the equity study commission is to look at our existing occupational licensing, our fees, our classifications and make recommendations to change them or keep them the same as they are. The Commission would be made up of local business persons and they would have to be licensed businesses and have to have a City occupational license. They would meet on a regular basis and look these over and make recommendations to the Commission and at that point in time it would be at your (City Commission) discretion as whether you want to accept their recommendations in total, in part or not at all. By going through this process we will have met the requirements of the State and from that point on we can adjust our occupational licenses and fees every other year. Discussion. Attorney Kruppenbacher said this would formally call for under the Statute that you authorize Staff to prepare an Ordinance that would establish by Ordinance a study commission that would bring back to the City Commission recommendations regarding the reclassification of the occupational licenses. Discussion. It was the consensus of the Commission to direct Staff to develop an Ordinance to create the equity study commission. Attorney Kruppenbacher said he would have this to the Commission as soon as possible. City Attorney Frank Kruppenbacher: Attorney Kruppenbacher stated he needs the Mayor to schedule with the Commission three meetings, and executive closed session to discuss the lawsuit involving Earley and the legal issues associated with it and the proposed settlement. Those in attendance at that meeting will be the members of the Commission, the City Clerk, a court reporter, Mr. Govoruhk, myself, Mr. Roper and Mr. Bricklemeyer. The second meeting will be a work session to review the revised settlement document based upon discussions tonight and any subsequent discussion we may have and then a final public hearing that the City Clerk will need to advertise; at the time of the advertisement we will need the draft settlement ready. We have a December 5th hearing date, so technically any time up until the 4th you can hold the public hearing, but we need to hold it prior to the 5th and I wouldn't hold it any later than December 2nd. Discussion. It was determined to hold the executive session on November 7, 1994, at 5:00 p.m. and a work session following the executive session at 6:30 p.m. and the public hearing on November 28, 1994. City Manager John Govoruhk: Reports: Kip Lockcuff, Acting City Manager, told the Commission that there needs to be a discussion on the conventional zoning vs. performance zoning between the Commission, Planning and Zoning Board and Mr. Goodrow; he asked the Commission if they would like to schedule this for the next meeting or hold a workshop. Discussion. It was the consensus of the Commission to hold a workshop. Attorney Kruppenbacher said this is a significant policy issue and the Commission should try and coordinate the workshop so the entire Commission and Manager are present. John Ketteringham, Regular Meeting City Commission October 24, 1994 94-95-2 Page 5 General Services Director, stated that Mr. Goodrow mentioned that the meeting would take approximately three hours to do a full scale presentation on both concepts. Discussion. A tentative meeting was scheduled for December 7, 1994, for the workshop with the Commission and Planning and Zoning Board. Attorney Kruppenbacher asked, if the Commission was in agreement, for him to get the Department Wage and Hour people here to have them present on the night of the seventh to follow the executive session on the lawsuit to talk about the wage and hour issues. Discussion. It was the consensus of the Commission that the time was fine. Attorney Kruppenbacher also asked if the Commission would authorize the writing of a Resolution establishing the privilege of confidentiality in collective bargaining when we talk as a Commission with the Manager and your attorney as well as the privileges as it relates to these lawsuit documents, that you as a Commission construe to be the Commission privilege and not a privilege any Commissioner can just decide they are going to waive. The Resolution will state that each Commissioner agrees that the privilege is the Commission's privilege to be waived only by an affirmative vote of the Commission as opposed to any Commissioner deciding they will talk about what any other Commissioner said in one of those closed meetings or to release documents that could be detrimental to the City as a whole. Discussion. Mayor Bush asked the Commission if they had any objection to the Attorney drafting such a resolution for review. There was no objection from the Commission. Acting Manager Lockcutfmentioned the City Manager's memo of October 19, 1994, requesting a workshop for the Cody pay plan either on the 9th or 10th of November. It was the consensus of the Commission to hold the workshop regarding the Cody pay study on November 10th at 5: 15 p.m. Mayor Bush stated that before we go onto the Commission seats we need to agree that when each Commissioner is speaking under their seat, that they speak uninterrupted. Mayor Bush also stated if there is a topic that he feels is important and a Commissioner thinks it will take a considerable length of time, he would like to see the topic on the agenda rather than use a large amount of time under the Commission seats. Mayor Bush also mentioned that he has talked to the City Manager about looking into some kind of system where Commissioners could push a button and a light would flash in front of him so that he doesn't overlook a Commissioner who wishes to speak. Mayor Bush asked the Commission if they had any objection to have the City Manager pursue this. The Commission had no objection. Commission Seat II - John Ferring: Commissioner Ferrlng mentioned that Attorney Kruppenbacher, the City Manager and himself have been trying for a time to get the regulatory process with the Federal Government regarding cable TV. The problem has been that they have been changing the rules and laws so quickly, that every time we think we have a deal, we don't have a deal. As oflast week conversations with Washington, they Regular Meeting City Commission October 24, 1994 94-95-2 Page 6 are sending us a finalized version of what we can use to make our application to go into the regulatory process so we can control certain areas of the cablevision contracts~ mainly the way they program etc. on basic channels. Attorney Kruppenbacher stated that programming you can't control. Commissioner Ferring asked for a consensus or a motion that as far as the minutes of the meetings are concerned he feels that we should continue with the abridged versions unless there is something of extreme importance and in that case the Commission can request a verbatim copy. Discussion. It was the consensus of the Commission to have the Clerk do abridged versions of the minutes and do verbatim minutes when necessary. Commissioner McLeod stated regarding the minutes couldn't we receive a tape of the meeting if there is a question rather than doing a long version. The Commission was in agreement. Commissioner Ferring mentioned that several months ago we had a meeting with the Board of County Commissioners regarding the widening of Tuskawilla Road and what was going to be done~ we did lobby for certain procedures and he said he would like to give instructions to the City Manager to find out what is going on and why they haven't gotten back to us with any input. Commission Seat III - John Langellotti: Commissioner Langellotti stated that he has received a number of calls from people on Green Leaf Circle in Glen Eagle regarding a water problem. Acting City Manager Lockcuff stated that the problem with rear lot drainage problems would probably be solved by the installation of a pipe and catch basin that the builder Mr. Adkins said he was going to do but apparently he in no longer interested in doing. Acting Manager Lockcuff said it is his understanding that previously was the both developers agreed that they were going to resolve the problem~ we can contact them and see if in fact that their intent is to walk away. Commission Seat IV - Cindy Gennell: Commissioner Gennell mentioned the report for the Parks and Recreation Department has noted four civic meetings and said she didn't think the Civic Association met during the month of August. Commissioner Gennell mentioned that she had placed a copy of the National Bicycle and Walking Study in the Commissioners boxes and also a copy for the City Manager and said that she thought it would be helpful as we look at other options. Commission Seat V - David McLeod: Commissioner McLeod asked ifhe wanted to have a conversation with another person from another entity, not for making a decision or representation that he was making a decision, but as a fact gathering information, could he do that. Commissioner Ferring stated that any Commissioner can talk to other entities as long as they are representing themselves as the individual and not as a representative body. .. . , . Regular Meeting City Commission October 24, 1994 94-95-2 Page 7 Mayor's Office - John F. Bush: Mayor Bush mentioned a letter he received from the City Manager of Oviedo Gene Williford, regarding the meeting he had with Manager Williford and Pat Warren regarding the Duda connector. The letter stated that it was the consensus of the City Council that undertaking this project at this time might be somewhat premature since this project is in Seminole County; presently the City of Oviedo has no official standing at this point in time. The City Council did aminate that they would be receptive to discussing this issue if and when some further progress had been made related to any possible annexation. Mayor Bush said the meeting he had with Manager Williford and Commissioner Warren was very positive and he thought some good things came out that would be good and that are distinct possibilities for some solutions which would still be in sync with what the Winter Springs Commission voted; but at this point you might say it is on hold until the County reacts to this in some way. Commissioner McLeod said he would pursue it and ask them again, and not let them put us in a holding pattern until they decide what they want to do. Mayor Bush said he would talk to Tom Haygood on the Oviedo Commission. Discussion. The meeting adjourned at 9:25 p.m. Respectfully submitted, '1;r~f.1JU ~ ~~ Margo M. Hopkins, Acting City Clerk Approved: 9!-~7:~.MAYOR OHN F. BUSH