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HomeMy WebLinkAbout1994 12 12 City Commission Regular Minutes e REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS DECEMBER 12, 1994 The Regular Meeting of the City Commission of the City of Winter Springs was called to order by Mayor John F. Bush at 7:30 P.M. For the invocation Mayor Bush called for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner John Ferring. Roll Call: Mayor John F. Bush, present Deputy Mayor John Langellotti, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: Larry Conniff, present John Ferring, present Cindy Gennell, present David McLeod, present Mayor Bush welcomed the newly elected Commissioners. e Mayor Bush asked ifthere were any additions or corrections to the minutes of November 28, 1994. Manager Govoruhk stated under Commissioner Langellotti's seat he had asked a question regarding the transportation of 52 people to the hospital. Manager Govoruhk said that when he answered that he assumed that the City transported the people, but the County did so therefore the City did not pay for the transportation of the people. Commissioner Gennell mentioned under her seat she had asked for a count of the usage on the senior center and also asked for a count on the YMCA. There were no other amendments to the minutes. The minutes stand approved as amended. PUBLIC COMMENT Charles McGinnis, 510 Club Drive, in the Highlands, spoke regarding concerns pertaining to some building taking place in his community. The concerns involve grading, foundations, flood control, health and hazards to the children and residents of the community, water accumulation and retention ofthe new grading that has been put in for the new houses. Mr. McGinnis stated that he has referred his concerns to local, State and Federal government. Mr. McGinnis also showed the Commission pictures regarding these concerns. Manager Govoruhk stated that the Building Department, Engineering Department and Public Works Department are checking into this problem and will report back to the Commission at the next meeting. - Paul Partyka, Oswego Court, spoke on behalf of the Winter Springs Rotary, and thanked the Commission and City Staff. Mr. PaI1yka also mentioned that they raised between 7 and 8 thousand dollars and the money will be awarded to Winter Springs students, local charities and other people and they will announce that within the next couple of months. e Regular Meeting City Commission December 12, 1994 94-95-5 Page 2 Ray Pore, Club Drive, also spoke about the problems in his community. Mayor Bush stated that item A on the agenda - Approva1/Disapproval - Request of Clara Joyce to rezone property from R-U and C-2 to R-3 (eight (8) acre parcel north of CSX Railroad and south of Orange Avenue), the City received a letter from the County Commission and read the letter which stated by the Board of County Commission direction of Dec. 12th, this letter objection to the subject rezoning is being transmitted to the City for submission in the record. The County does not object to the proposed use of an adult congregate living facility on this property but does object to the proposed R-3 zoning with the following findings: (1) R-3 zoning would not be compatible with the surrounding suburban estates and low density residential uses within unincorporated Seminole County as this zoning classification could accommodate up to 10 dwelling units per acre, and (2) Orange Avenue, a County maintained roadway, is insufficient to accommodate this intensity of development. An Alternative would be to rezone the property to PUD, as is permitted within the Mixed Use future land use designation, which would permit the proposed use and would provide for density limits, buffering, setbacks and other design criteria to ensure compatibility. Mayor Bush also stated that he received a call today from the Chair of the County Commission saying that the County was not in favor of the rezoning issue that would be before this Commission tonight and in light of this the County's objection and in light that I think we need to work closely with the County and resolving these types ofissues I would like to remove this from the agenda at this time and give our Staff and e the County Staff time to work out these differences. Discussion. Commissioner Ferring moved to table this issue to allow our Staff to work with the County and whoever else is necessary to come up with some kind of an amicable solution. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Attorney Bill Richman, council for the property owner, stated for the record, that they will loose the sale because of the delays in the process. This matter has been tabled one time before and we believe that the Staff reports are very explicit and we are entitled to this rezoning; I just want to make our objections for the purpose of the record for this further delay. ApprovallDisapproval - Recordation of Plat and Covenants - Chestnut Estates Phase One (Tuscawilla Parcel 14-C. east of Bear Creek and south of Winter Springs Boulevard): Mayor Bush asked if there were any comments on this item. There were no comments. Motion was made by Commissioner Langellotti to approve the recordation of plat and covenants of Chestnut Estates Phase One. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye. Motion passes. . Approval /Disapproval- Recordation of Plat and Covenants - Arrowhead at Tuscawilla Unit 1 (19 e Regular Meeting City Commission December 12, 1994 94-95-5 Page 3 lots dispersed around the golf course off Winter Springs boulevard and Northern Way: Donald LeBlanc, Land Management Specialist, stated that he just issued to the Commission a copy ofa check that he received this afternoon from Mr. Jim Mikes for $26,765.06, that is the figure that was agreed upon that was needed to complete the project. The City Engineer had told me verbally that he had no problem with this. Mr. LeBlanc stated that he made a mistake and that the check in the amount of $26,765.06 is for Arrowhead at Tuscawilla Unit 2 and will be recorded first. Attorney Kruppenbacher stated this is subject to legal sign off, there is one issue that Mr. Mikes and I are working on, we will be able to resolve it. Motion was made by Commissioner Ferring to approve the recordation of plat and covenants for Arrowhead at Tuscawilla Unit 1 subject to legal sign off Seconded by Commissioner Conniff Discussion. Vote: Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. e ApprovallDisapproval- Recordation of Plat and Covenants - Arrowhead at Tuscawilla Unit 2 (former Hooker property west of the Country Club off Winter Springs Boulevard: Mr. LeBlanc stated that this is the one that he has the check for and will be recorded first. Motion was made by Commissioner Ferring to approve the recordation of plat and covenants for Arrowhead at Tuscawilla Unit 2 subject to legal sign off Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Ord. No. 572 - Public Hearing and second reading amending the 1993-1994 Fiscal Year Budget: Motion was made by Commissioner Ferring to read Ord. No. 572 by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. No. 572 by title only. Mayor Bush opened the Public Hearing. There were no comments on Ord. No. 572. Mayor Bush closed the public hearing and reconvened the regular meeting. Motion was made by Commissioner Conniff to approve Ord. No. 572 amending 1993-1994 Fiscal Year Budget. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. . Resolution No. 748 - Agreement between CSX Transportation and the City of Winter Springs for a proposed Water Main Crossing: Motion was made by Commissioner Ferring to read Resolution No. 748 by title only. Seconded by e Regular Meeting City Commission December 12, 1994 94-95-5 Page 4 Commissioner Gennell. Discussion. Vote: Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Attorney Kruppenbacher read Resolution No. 748 by title only. Attorney Kruppenbacher said that the has reviewed the agreement and it is their standard agreement. Motion was made by Commissioner Gennell to approve Resolution 748. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion passes. Resolution No. 749 - Join participation Agreement Utility Installation by Highway Contractor for S.R. 434 Construction Proiect: Motion was made by Commissioner Langellotti to read Resolution No. 749 by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: no vote; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Resolution No. 749 by title only. e Commissioner Gennell asked if this was restricted to just water at this time and did we develop any plans for putting in the sleeves or anything in S.R. 434. Kip Lockcutf, UtilitylPublic Works Director stated that yes it is just for water at this time and the sleeves are included. Discussion. Commissioner Gennell said if the rest of the Commission is in agreement she would like to see the City explore every possibility for maximizing the use of the underground utility areas. Discussion. Mayor Bush stated that this is a different topic, that maybe should be placed on the agenda and give Staff time to respond. Mayor Bush asked the Commission if they would like the City Manager to pursue looking into this and report back at a future meeting. It was the consensus of the Commission to have the City Manager look into this and report back at a future meeting. There was no motion made on this item. Resolution 747 - Providing for Confidentiality in dealing with all matters involving potential or current litigation. etc.: Attorney Kruppenbacher stated that he will talk about this item under his reports. e City Attorney - Frank Kruppenbacher - Reports: Attorney Kruppenbacher said regarding Resolution 747, he would like to keep this item pulled and would like the Mayor schedule with the Commission a workshop that is devoted to discussing issues of the Sunshine Law in depth, the Public Records Law, the Snyder decision in zoning and what you need to know and not know about that decision and how it's impacting your judgements. Then dialog e Regular Meeting City Commission December 12, 1994 94-95-5 Page 5 this resolution at that time. A discussion on a number of topics regarding your conduct ofbusiness~ which I think is exceedingly important giving a number of items going on that we have and I recommend the sooner we do that the better. Mayor Bush asked if at that same workshop could we review the Charter for the sake of our new Commissioner as well as reeducation of others. Discussion. It was the consensus of the Commission to hold a workshop on January 3, 1995, at 7:00 p.m. Attorney Kruppenbacher said we had delivered under the Staff's signature appropriate comments to the State regarding different elements of the proposed change to the D.R.I., we are readying the filing of an additional petition to Oviedo regarding concerns we've identified. e Mayor Bush stated that we received a FAX today from the City of Oveido, dated on the 9th and actually came in today. It if from Tom Haygood the chair of the Oviedo Commission, thanking me for the letter I wrote him and said that he was pleased to hear that we thought resolution in this matter is possible, and asked if I could provide him with any thoughts or recommendations concerning how this matter can be resolved. Mr. Haygood said that to date they have not been contacted by our City to schedule a joint meeting to discuss a settlement. Mayor Bush then stated that Mr. Govoruhk did contact their City Manager last week to set a date. Discussion. Mayor Bush said if the Commission agrees, I will write another letter saying that we have responded. Mayor Bush said that Mr. Govoruhk and Gene Willford have gotten together and have suggested dates for a meeting. Discussion. It was determined that the City Commission will meet with the City Commission of the City Oviedo on December 21, 1994, at 7:00 p.m. at the Ovideo City Hall. Discussion. The City Commission agreed to meet at City Hall on December 21, 1994 at 5:00 p.m. for a meeting prior to the meeting with the City of Oviedo. Mayor Bush also mentioned that on January 17, 1995, at 4:00 p.m., we are meeting with the Seminole County Commissioners at the Seminole County Services Building, regarding the Tuscawilla Road widening and any issues that we might want to discuss with the County. Commissioner Gennell mentioned that at the CALNO meeting last week, they issued a list for the intergovernmental mediation agreement~ CALNO had identified us (the City) as not having signed it and yet when we approved it, and their County Attorney was suppose to circulate that around in person and I am asking the City Attorney if he has seen it and if it was signed. Attorney Kruppenbacher stated that he has not seen a document from the Seminole County Attorney to be executed by the Mayor and this City. Attorney Kruppenbacher said he will call Bob McMillin tomorrow and tell him we are prepared to sign the document but I have to have the document. e Attorney Kruppenbacher said at the meeting when we have the workshop, I want to review with you is during this last quarter I have made notes with issues regarding Boards, and before I issue some e Regular Meeting City Commission December 21, 1994 94-95-5 Page 6 opinions which are going to be perceived as restricting the authority of the Boards, I will review with you those opinions and have you agree with it. I do believe that there are some Boards in this City that are exceeding the parameters for which the authority was both granted to them and the law provides to them. Discussion. City Manager John Govoruhk - Reports: Manager Govoruhk stated that he has sent a letter to D.O.T. regarding the traffic light on S.R. 434 at Winding Hollow. Also, the Ranchlands Drainage/Paving Survey has been finalized and was in the mail to the residents of the Ranchlands as of 12-12-94; when we get these back, we will bring it to the Commission. Mayor Bush said that we wanted to thank the City Manager and Mr. Lockcufffor responding to a citizens concern on Howell Creek. e Commission Seat IV - Cindy Gennelt: Commissioner Gennell asked regarding the underground utilities, if the Commission agrees, can the City Manager look into putting the utilities underground for these roads that we are going to be having under construction; see what would be involved with that. Discussion. It was the consensus of the Commission to have the City Manager investigate underground utilities and will report back to the Commission at the second meeting in January. Commissioner Gennell also mentioned a letter from McDonald's regarding a meeting with the City Commission. Discussion. Mayor Bush suggested having a work session on this at another date. Commissioner Gennell welcomed Commissioner Conniff to the Commission. Commissioner Gennell moved to place on the agenda the nomination of Deputy Mayor. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Commissioner Gennell nominated Commissioner McLeod for Deputy Mayor. Seconded by Commissioner Conniff. Commissioner Langellotti nominated Commissioner Ferring for Deputy Mayor. Motion died for lack of a second. Vote on the nomination of Commissioner McLeod for Deputy Mayor: Commissioner Conniff: aye; Commissioner Ferring: nay; Commissioner Langellotti: nay; Commissioner Gennelt: aye; Commissioner McLeod: nay. Motion died. e Mayor Bush asked ifthere were any other nominations for Deputy Mayor. Commissioner Conniff nominated Commissioner Langellotti for Deputy Mayor. Seconded by Commissioner Ferring. . e Regular Meeting City Commission December 12, 1994 94-95-5 Page 7 Commissioner McLeod nominated Commissioner Gennell for Deputy Mayor. Motion died for lack of a second. Vote on the nomination of Commissioner Langellotti for Deputy Mayor: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner McLeod: nay; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion passes. Mayor Bush announced Commissioner Langellotti as Deputy Mayor. Commission Seat V - David McLeod: Commissioner McLeod asked about the meeting regarding the L.D.R.'s. Mayor Bush said that he would bring that up under his seat. Commission Seat I - Larry Conniff: Commissioner Conniff thanked everyone who showed the vote of confidence of putting him in office. Commissioner Conniff stated that he attended a meeting at the County last month, and at that meeting Seminole Community College was trying to get another campus situated and they were having difficulties in trying to get into Lake Mary; and stated that he would like invite them to look at Winter Springs. Discussion. It was the consensus of the Commission to have the City Manager contact Seminole Community College and look into this. e Commission Seat II - John Ferring: Commissioner Ferring thanked the City Manager and the Public Works Director for acting on the complaints that he received regarding retention/detention ponds behind the homes in Units 6 & 7 in Oak Forest. Commission Seat ITI - John Langellotti: Commissioner Langellotti asked if there is some way to get the developers to clean the streets, like the problem on Winter Springs Boulevard with Tusca Oaks. Manager Govoruhk said that the Kip Lockcuff is already on that situation and has gotten with the builder/developer to make sure it is cleaned out. Commissioner Langellotti also asked if a wall will be put up around Tusca Oaks. Mr. LeBlanc stated that there will be a wall along Northern Way and a wooden fence and natural buffer around the commercial area. Commissioner Langellotti asked if the City has a street sweeper. Mr. Lockcuff stated no we do not have a street sweeper. Commissioner Langellotti stated that he wanted to commend the Police Department Community Relations Officer Bob Franklin in talking to the residents in Glen Eagle regarding the vandalism going on in that community. Commissioner Langellotti also welcomed Commissioner Conniff e Mayor's office - John F. Bush: Mayor Bush asked the Commission to consider a Resolution for reimbursement policy for travel expenses for citizens who are serving and are appointed by the Commission as we reimburse other .. e Regular Meeting City Commission December 12, 1994 94-95-5 Page 8 citizens who serve on our Board. If the Commission feels that way I would like to ask the City Manager and City Attorney to draft a Resolution for the Commission to review. e There was question as to what Board the Mayor was referring to. Attorney Kruppenbacher stated that the Commission appointed John Torcaso to sit on the Wastewater Transmission Authority and in so doing we have uncovered a glitch where there are outside Boards and so what the Mayor is recommending is that compensation be provided somebody who is put on a Board from the Commission on behalf of the City. Discussion. Mayor Bush said this would be reimbursement for travel expenses. Mayor Bush asked the City Manager and City Attorney to put together a Resolution that would address this issue for the Commission's action at a future meeting. Mayor Bush went over dates with the Commission dates for the workshop with Heniger and Ray. Discussion. It was determined that the workshop will be held on February 6, 1995 at 7:00 p.m. with the Planning and Zoning Board. Mayor Bush mentioned that the City Manager had put together a letter that he signed regarding the Tuscawilla By-Pass project infrastructure tax fund. Mayor Bush read the letter which said that the City of Winter Springs is requesting a one year delay in the implementation of the project to allow completion of our Capital Improvement Element process. Mayor Bush said some time ago he gave the Commission a proposal for a Senior Citizen Award to be given once a year. Discussion. It was the consensus of the Commission to have the Mayor go ahead with the award. Mayor Bush also mentioned having a work session in the future for issues coming up that we need to be thinking about and those are the Duda Connector, Tuscawilla Road widening and Battleridge annexation are all three major projects. I think we have to be very active on this and take the initiative, I think the County will work with us, but they have to know what our Commission wants to do. I would like the Commission to consider getting together on some of these other issues. Commissioner Gennell asked ifwe still needed someone on the County Parks and Recreation Board. Manager Govoruhk stated that the Recreation Director Don Wilson has been attending those meetings. There was no objection from the Commission to have Mr. Wilson continue on this Board. Commissioner Gennell also mentioned a call she received from a citizen in the Grand Reserve subdivision regarding bulldozing trees. Mayor Bush said that he spoke with the citizen and the City Manager and Mr. Lockcuff and they are looking into this. The meeting was adjourned at 9:30 p.m. Respectfully submitted, ~AJA~~. ~ M~ Hopkins, Acting City Clerk e Approved: ~-1- ~yor J F. BUSH