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HomeMy WebLinkAbout1995 01 09 City Commission Regular Minutes e - e . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JANUARY 9, 1995 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. 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 For the invocation Mayor Bush asked for a moment ofsitent prayer. Mayor Bush asked if there wee any additions or corrections to the minutes of December 12, 1994. There wee no additions or corrections to the minutes of December 12, 1994, minutes stand approved as presented. Mayor Bush asked if there were nay additions or corrections to the minutes of the Special Meeting of December 21, 1994. There were no additions or corrections to the minutes of the Special Meeting of December 21, 1994, minutes stand approved as presented. Mayor Bush asked for a motion from the Commission to place on the agenda the appointment of City Clerk. Motion was made by Commissioner Ferring to place on the agenda the appointment of City Clerk. Seconded by Commissioner McLeod. Vote: commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye. Motion passes. Mayor Bush state that he would like to appoint Margo Hopkins as City Clerk. Motion was made by Commissioner Conniff to appoint Margo hopkins as City Clerk. Seconded by Commissioner Langellotti. Discussion. Commissioner McLeod asked if Ms. Hopkins would receive the pay that goes along with that position with the time frame upon which she has been with the City. City Manager Govoruhk said that would be up to the Commission, when they appoint her and recommend her salary to start as of when? Mayor Bush said as of tonight. Commissioner Ferring said what we have appropriated in the budget, we should follow along those particular lines. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Ferring; aye; Commissioner Conniff: aye. Motion passes. Mayor Bush gave the oath of office to Ms. Hopkins. e Regular Meeting City Commission January 9, 1995 94-95-07 Page 2 PUBLIC COMMENT: Greg Vachnik, President of the South Lake Jessup Shores Homeowners Association, read a letter from the committee of the Homeowners Association, which stated they are against the rezoning proposal for the Clara Joyce property. MJ. Soileau, 100 Tuskawilla Road (formally Brantley Ave.) spoke against the change of zoning for the Clara Joyce property. e Bill Reischmann, representing Clara Joyce, stated that it is this understanding that the commission will consider the first reading of an Ord. which will increase the permitted uses for the RU zoning district. You just heard some commentary on some objections to Ms. Joyce's request to rezone here property from RU to R-3. What she has sought all along was to use her property, which has eight acres with one building, a low density, residential in character, Adult Congregate Living Facility. Ms. Joyce came to the City and the City said in order to do that you have to rezone your property to R-3. A meeting was held at City Hall with representatives of the individuals that you just heard from, myself, the City Attorney, Mr. Govoruhk and I believe we reached a compromise. The compromise does meet the needs of Ms. Joyce, it will allow her to have a permitted use on her property as is, to put one, not to increase the number of buildings but to just use her existing property as an ACLF. We have never wanted anything more than the City's permission to use the property as and ACLF, we never had any intention to put apartments or anything like that on this property. We request that you consider favorably this evening and move it forward as we need to get this matter closed. The Ord. which will increase the types and numbers of permitted uses from RU zoning category to include and ACLF. I would suggest to you Mayor and Commissioners that the concerns that you heard of this evening regarding traffic, the road, nature and quality of this use, can be and will be met through the site plan process if you pas this ord. allowing this ACLF as a permitted use. Charles McGinnis, 510 Club Drive, spoke regarding problems at Cypress Club and a follow-up from the Dec. 12, 1994 meeting. Mr. McGinnis gave a copy of the report he received from the City Manager that was submitted to the Mayor and Commissioners to the Commission that he outlined some of the concerns and issues that have been addressed and went over these with the Commission. Discussion. City Manager Govoruhk said he will set up a meeting with the developer and will invite Mr. McGinnis. Ellen Withner, Club Drive, spoke regarding the problem at Cypress Club, and asked when can they have a time frame when this will be resolved. Discussion. Attorney Kruppenbacher said er just recommended to the City manager to contact the developer tomorrow and get him here for a meeting to get these issues on the table. I recommend that we don't issue anything to him until we get a handle on this and go through the whole thing. Commissioner Ferring suggested that the City Attorney get the covenants for that development. e John draper, Club Drive, stated that he is concerned also with the problems in Cypress Club. e Regular Meeting City Commission January 9, 1995 94-95-07 Page 3 GENERAL AGENDA Mayor Bush said that there are five Resolution on tonight's agenda and could we have a motion that all these be read by title only. Motion was made by Commissioner Conniff to read Resolution Nos. 750, 751, 752, 753, and 754 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. 1. ApprovaVDisapproval- Request of Clara Joyce to rezone property from RU and C-2 to R-3 (eight (8) acre parcel north ofCSX Railroad and south of Orange Avenue). 2. Ord. No. 575 Amending RU land use designation. 3. Ord. No. 574, first reading ifitem 1 (above) approved. Tabled from Dec. 12, 1994. meeting: Attorney Kruppenbacher red Ord. No. 574 by title only. "An Ordinance of the City of Winter Springs, Florida amending Section 20-267. Uses permitted. Chapter 20 of the Code of Ordinances, City of Winter Springs, Florida, providing for severability, conflicts and effective date. " Attorney Kruppenbacher read Res. No. 750 by title only. "A Resolution of the City of Winter Springs, Florida, providing for establishment of an interim services fee; conflicts and effective date. " e Attorney Kruppenbacher read Res. No. 751 by title only. "A Resolution of the City of Winter Springs, Florida, expressing appreciation to John V. Torcaso for his service on the Cit Commission and the Planning and Zoning Board." Attorney Kruppenbacher read Res. No. 752 by title only. "A resolution of the City os Winter Springs, Florida, expressing appreciation to Jean Jacobs for her service on the Beautification of Winter Springs Board. " Attorney Kruppenbacher read Res. No. 753 by title only. "A joint Resolution proposing and amendment to Article 1, Section 5 of the State Constitution relating to the right of citizens to assemble and instruct their representatives, conflicts and effective date. " Attorney Kruppenbacher red Res. No. 754 by title only. "A Resolution relating to the Cable Television franchise, provided Time Warner Cable Co." . Attorney Kruppenbacher said Ord. 574, item one, the request to go from Ru to C-2 to R-3, the property owner will be pulling that. At the last meeting the County raised an issue and the public raised and issue and you raised an issue regarding whether or not the way in which and interpretation could be made if you had gone to the rezoning that was being proposed. You could inadvertently find yourself in a position to be putting a multi-family in that area and end up with an apartment complex. After the last meeting, we has a meeting with the City Manager, Mr. Gosline, Mr. Ketteringham, Mr. LeBlanc, myself, a County representative, Mr. Reichman, Ms. Joyce, and e Regular Meeting City Commission January 9, 1995 94-95-07 Page 4 homeowner representatives; and after much discussion and analysis we concluded that be adding adult congregate living facilities to your existing uses within 20-267 would allow us to achieve the objective of not risking that property inadvertently a multi-family unit strong hold. Attorney Kruppenbacher said we ask that you have this for first reading tonight and second reading at a public hearing. Between now and the next meeting we will tie down the issue relating to density and how many residents you can have within an ACLF within the acreage. Mr. Reichman has represented to me that this developer does not intend to ever have more than 40 residents; which would be five per acre for the acreage out there. Discussion. Commissioner Ferring said we heard from Mr. Reichman that they have no intentions of putting in any extra buildings or any extra apartments, is that correct. Attorney Kruppenbacher said that is correct and Mr. Reichman that was correct. Discussion. Motion was made by Commissioner Ferring to approve Ord. No. 575 to have a public hearing and second reading. Seconded by commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher stated that the rest of the e items under item A have been pulled. Resolution No. 750 establishing interim service fees. conflicts and effective date etc.: Motion was made by Commissioner Ferring to approve Res. No. 750, establishing interim service fees, conflicts and effective date. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Gennell: aye. Motion passes. Resolution No. 751 expressing appreciation to John V. Torcaso: Motion was made by Commissioner Ferring to approve Res. No. 751, with great pleasure, expressing appreciation to John V. Torcaso. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner McLeod: aye. Motion passes. Resolution No. 752 expressing appreciation to Jean Jacobs: Motion was made by Commissioner Ferring to approve Res. No. 752, expressing appreciation to Jean Jacobs. Seconded by Commissioner Conniff. Discussion. Vote; Commissioner Ferring; aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. e Resolution No. 753 establishing join resolution proposing and amendment to Article 1, Section 5 of State Constitution relating to the right of citizens to assemble and instruct their representatives, conflicts and effective date etc.: e Regular Meeting City Commission January 9, 1995 94-95-07 Page 5 Motion was made by Commissioner Langellotti to approve Res. No. 753, establishing joint resolution proposing and amendment to Article I, Section 5, of State Constitution relating to the right of citizens to assemble and instruct their representatives, conflict and effective date etc. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion passes. e Resolution No. 754 - Time Warner Entertainment Company: Commissioner Ferring mentioned a letter that was sent to the residents of our City which stated that they (TWEC) are going to increase their rates again, $1.26 per month. Commissioner Ferring said that he has had numerous complaints regarding the performance of the cable co. disrupting the service in the City. A lot of residents are not aware that when their service is disrupted they can put in a claim for lot money for that particular day or any day that your service is interrupted. This particular Res. is about the third time that they have tried to change their name and have incorporated with other organizations and I think that before we go ahead and allow them to do that, we ask them to come back and renegotiate the contract we have with them. We need to put tougher wording in as far as enforcement is concerned. We have already with the help of the City Manager made application to the Federal Communications Commission to be the regulatory agent for the basic services in this City. We are presently awaiting that, but in the mean time I don't think we should pass this resolution. So I think we ought to have Time Warner come back and ask them to renegotiate the contract we have with them; I think it is something that would be beneficial to this City and will also give them a chance for accountability. Discussion. Motion was made by Commissioner Ferring to deny this Res. at this time. Seconded by Commissioner Langellotti. Discussion. Commissioner Gennell said that she has information on fiber optics from the City of Lake Mary and will have the Clerk make copies for the Commission; and she also has a video from Lakeland and will also give this to the Clerk for anyone who would like to view it. Vote: Commissioner McLeod: nay; Commissioner Gennell: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye. Motion passes to deny. Approval of Equity Study Commission Members: Commissioner Ferring said that the members that were selected are quite a cross section of business people and he applauds the Building Department, who solicited these particular members. Mayor Bush said the members who were selected are Walt Dittmer, Dan Wood, William Hadfield, Linda Anderson and Richard Grogan. Don Houck, Building Official, stated that when looking at putting this Equity Study Commission together one of the intentions was to get a good cross section of the businesses in the City. He also stated that fortunately the people he contacted were willing to do this and feels that it is a good representation of the business community. e Motion was made by Commissioner Conniff that the recommendation of the Equity Study e e e '~~i Regular Meeting City Commission January 9, 1995 94-95-07 Page 6 Commission members be approved. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Ferring: aye. Motion passes. Appeal of Rev. Neil Backus to B.O.A. action, denial of conditional use for Church within R-C1 single family dwelling district: Margaret Hannah, 405 S. Moss Rd., read a statement from her husband and herself, they both oppose the request and asked for a vote of denial. Margaret Hannah also read a letter from Michelle and John Morrison, who could not attend the meeting, stating that they oppose the request and asked for a vote of denial. Jo Bush, 125 E. Bahama Rd., stated her opposition of the request and asked for a vote of denial. Duane Roadaderick, 120 E. Panama Rd., stated he had sent a letter to the Mayor and Commission and asked that the Mayor read the letter into the record. Mr. Roadaderick said in a brief statement that this past week he discussed with a State licensed real estate appraiser what the financial impact a church at 415 Moss Rd. would have on the property values of homes of the surrounding area. He said he was advised that about a 5% loss of present market value should be expected if there are no school activities; and school activates would cause an additional decline of property value. He requested the Commission deny Mr. Backus' appeal. Mayor Bush read the letter Mr. Roadaderick had sent to the Commission dated January 3, 1995. Commissioner Ferring read a letter from Mr. & Mrs. Dennis Wilshire who could not be at the meeting tonight. The letter stated their opposition to the request. Carl Stephens, 700 Fisher Rd., President of Ranchlands Homeowners Assoc., spoke against the request. He stated that the homeowners are asking to deny the request for a church on the basis that is it not with the public interest, it is not compatible with the intent with rustic residential land use which was established to protect the preferred lifestyle of the residents in the area. It is not a public facility wanted by the people in the area and will contribute to the deterioration of the dirt roads in the Ranchlands. We ask that you follow the recommendation of your board of Adjustment and support us in our effort to protect our lifestyle and community. Trish Drebert, 500 Hayes Rd., spoke about her opposition of the request and asked for a vote of denial. Carol Alvine, 275 E. Tradewinds, spoke against the request. e Regular Meeting City Commission January 9, 1995 94-95-07 Page 7 Commissioner Ferring stated that we had all this information before us prior to the meeting along with the minutes of the Board of Adjustment meeting, and with all the testimony put forth tonight, he moved that based upon the record and the lack of compatibility to the surrounding area, this request be denied. Seconded by Commissioner Conniff. Discussion. Commissioner McLeod said he would like to hear from Mr. Backus. Mr. Neil Backus, spoke on behalf of his request. Mr. Backus went into much detail of his history. He said the name of his church is Faith Bible Church and not Faith Baptist Church and he did have a house church by the Ormond Beach airport. Mayor Bush reminded Mr. Backus that he is here tonight to appeal the Board of Adjustments denial of a conditional use permit to locate a Church on Moss Rd. Mr. Backus said the main objection at the Nov. 3, 1994, meeting was the Starlite Baptist Church and their busses. Discussion. Mr. Backus said he was trying to introduce a new concept of a church where you have bicycles, joggers, and walk-in people. My plans have to have about 15 to 20 car spaces for the building size. Mr. Backus mentioned a dual driveway for the church and a spec home. e Mr. Backus also mentioned a creed that runs through his property and that an environmental engineer came out and flagged trees and this morning a surveyor came out and they are in the process of platting this little creek which we plan to preserve. Our concept is something like Lieu Gardens around a small church and limit the traffic. Mayor Bush again mentioned the denial of Mr. Backus' request from the B.O.A. and said that Mr. Backus needs to address the denial. Discussion. Mr. Backus said he has a site plan and that he is trying to get the Public Works to buy the middle for retention because the City is draining water on his property from Hayes Rd. He said he has offered to sell the whole property to Mr. Lockcuff for a retention area. Mayor Bush said this is not what is before the Commission tonight and the City is not looking to buy property. Mr. Backus stated how can he by C-l property if he can't sell what he has. Mr. Backus summed up his appeal by saying he needs help from the people in the Ranchlands and the City to resolve the situation regarding the retention area. He said he needs to get a resolution on that and whether they will give him a lot split to build two spec homes. Mayor Bush said it appear that Mr. Backus' summation is an entirely different topic than what the agenda item is. e Attorney Kruppenbacher asked Mr. Backus if based upon his last comment is he (Backus) trying to figure out how to improve the value of his property. Mr. Backus said no, what he is trying to do is be able to sell the property so he can buy a C-l zoned property. e Regular Meeting City Commission January 9, 1995 94-95-07 Page 8 Commissioner Conniff withdrew his second and Commissioner Ferring withdrew his motion. Motion was made by Commissioner F erring to deny the appeal based upon the record before us and that record includes the Compo Plan, City Codes, the B.O.A. minutes, and tonight's hearing, it is based on conformance with the law. It is determined that this proposed conditional use request is not consistent with the general zoning plans within that area and it is not within the public interest. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. City Attorney Frank Kruppenbacher: Attorney Kruppenbacher said he has, and gave to the Commission, an Ordinance that imposes a six month moratorium on the operation of any adult entertainment with the City, or any establishment of any adult entertainment within the City. The six months will enable your Staff during that time to study this issue and come up with reasonable rules and regulations to properly deal with this particular type use or uses within the frame work of your Compo Plan. Discussion. - Motion was made by Commissioner Ferring to read Ord. 576 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; commissioner Conniff: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. No. 576 by title only. "An Ordinance of the City of Winter Springs, Florida, imposing a 6 month moratorium on the approval or issuance of licenses for the operation of adult entertainments within the City. Identifying adult entertainment establishments providing for conflicts, severability and effective date. " Attorney Kruppenbacher said he is giving the Commission another Ord. that would affectively provide that all the decisions of the Board of Adjustment on variances, special exceptions or other wise would become recommendations to the City Commission. The City Commission would be the final decision maker as to whether or not an exception or variance is granted to your Codes. Motion was made by Commissioner Ferring to place Ord. No. 577 on the agenda and read by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Conniff; aye; Commissioner Ferring; aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Ord. 577 by title only. "An Ordinance of the City Commission of the City of Winter Springs, Florida, amending Section 20-76 through Section 20-84, Code of Ordinances City of Winter Springs, Florida, providing for conflicts and effective date. e Attorney Kruppenbacher said the next matter he has for the Commission is a proposal for a six month ,.. ; , '",': - C,,' ~" iI'-";"~'.::'-' ,.... e Regular Meeting City Commission January 9, 1995, 94-95-07 Page 9 moratorium on outdoor advertising display, billboard off premises sign as defined by your Code. Discussion. Attorney Kruppenbacher gave the Commission a copy of a case called Smith vs. the City of Clearwater, which cited throughout the Cite as the leading authority for what is called the pending Ord. doctrine. Which basically told where a public body has demonstrated an intent or desire to go in a particular way that is action for the purpose of a pending ord. doctrine. Motion was made by Commissioner Langellotti to place Ord. 578 on the agenda and read by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring:aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Langellotti:aye. Motion passes. Attorney Kruppenbacher read Ord. 578 by title only. "An Ordinance of the City of Winter springs, Florida, placing a 6 month moratorium on the construction and or erection of outdoor advertising display billboard, off premises sign as defined by Section 16-77 Code of City Ordinances, City of Winter Springs, Florida and providing for effective date. e There was discussion on two pending billboards. Attorney Kruppenbacher said there is pending litigation with the City of Oviedo, schedule a meeting for Monday, January 16, 1995. That meeting would be a closed meeting pursuant to Florida Law, discussion of settlement of litigation. At that meeting would be: Mayor Bush, Commissioner Ferring, Commissioner Conniff, Commissioner Langellotti, Commissioner Gennell, Commissioner McLeod, the City Clerk, a court reporter, the City Manager John Govoruhk, and myself Attorney Kruppenbacher. We will ask and potentially have there Bill Tipton, Sr., Bill Tipton, Jr., the outside traffic consultants, the City Planner, Land Development Coordinators, Don LeBlanc, Carl Gosline, and John Ketteringham, Kith Bricklemeyer and my assistant Linda Klechka. Discussion. Motion was made by Commissioner Gennell to hold a closed executive session on the pending litigation with the City of Oviedo on January 16, 1995, at 7:00 p.m. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher said Mr. CliifHankins from the US Department of Labor is here tonight. Attorney Kruppenbacher gave the Commission a summary of the unpaid wages, which names the individuals who have either worked for or currently work for the city, the work week dates for which there wee wages incorrectly or not paid correctly and the summary of the estimated amount due. e Mr. Cliff Hankins, US Department of Labor reviewed with the Commission what he found and the e Regular Meeting City Commission January 9, 1995 94-95-07 Page 10 basis for the findings. He said that this is a complaint generated case, initially a question was brought up about a year ago from one former officer; we then received two more complaints in reference to the Police Department. I did on site interviews and questionnaires to current employees, and then a question came up within the Parks and Recreation Department, so I included them to be in another group to be in the investigation. Mr. Hankins said his original complaint was about Comp time, which is allowable under Federal Law under Section 5531 of the publications I gave to you. The second complaint I received was the employees said they were not being paid for all hours worked. After my meetings and interviews will all personnel, I determined those allegations to be true. Discussion. Mr. Hankins said the amount due to the employees of the Police Dept. and Parks and Recreation Dept. totals up to $184,000+ dollars. The Police Department accounts for approximately $146,000 of the $184,000. Attorney Kruppenbacher said that the Commission does not have to make a final decision tonight, this will be agended for you to so you can give us a decision. Discussion. Attorney Kruppenbacher then said we could hold a special meeting after the closed executive session as MR. Hankins needs a decision by the 21 st of January. e Mr. Hankins said the issue with the Parks and Recreation Dept., was based on a complaint that was received after the initial complaint for the Police Dept. The employees I interviewed and in the questionnaire I sent out, all agreed that they were told by their supervisor not to record time. There was much discussion on this matter. There was a consensus of the Commission to hold a special meeting on Jan 16, 1995 at 8:00 p.m. Mr. Hankins said that he had full cooperation from all City personnel and from Mr. Govoruhk, and Attorney Kruppenbacher. City Manager - John Govoruhk: 1. Reports: Manager Govoruhk said the timber shelters for the Parks and Recreation went out on bid and tow of them will be going up any day. the one for the restroom came in way over bid so we will be going back out again around February or March. We have renewed our contract with the School Resource Officer for the Middle School here. You all received a copy of the letter regarding the light on S.R. 434, whenever the light is needed and DOT determines it, then it will be put up. e Manager Govoruhk said that roughly in June or July they will be starting work on S.R. 434. e Regular Meeting City Commission January 9, 1995 94-95-07 Page 11 Manager Govoruhk also stated that the Commission has a copy of the letter from Linley on Dolphin Road, we got with Public Works and they will be repairing that problem just as soon as they get the plpmg. Manager Govoruhk stated that regarding Ovideo Crossing we have requested Tipton to let us know when he approaches the halfway mark on 3/4 mark on the $15,000.00 and by the end of this month it will be almost all spent. Commissioner Gennell asked the City Manager about checking into the cable companies and regulating that and wanted to know ifhe has gone ahead and applied to do that. Manager Govoruhk said he was advised at the time and Commissioner Ferring was given the go ahead by the Commissioner s to head up the project and proceed to regulate it for the City. Commissioner Gennell asked the City Manager about the community Development Coordinator's report and if there was an in depth one ifwe (commission) wanted to see it. Manager Govoruhk said no he asks all departments to submit what they have done for that particular month. Discussion. There was discussion on the freedom of information act regarding rough draft minutes. Attorney e Kruppenbacher said he would check into that and bring back an answer for the Commission. Commission Seat V - David McLeod: Commissioner McLeod asked to have a calendar in the Commissioners mail box as to dates and times of meetings for the month. Mayor Bush asked the Clerk to have a calendar for each month with the meetings and times. Commission Seat I - Larry Conniff: Commissioner Conniff mentioned aproblem on Marlin and reported that Capt. Pieper, the Police Chief and City Manger has rectified the situation and thanked them. Commission Seat II - John Ferring: Commissioner Ferring asked the City Attorney to advise each one of the Commissioners when we are overstepping our bounds as to what our responsibility is between policy and management. Mayor Bush also said if the City Manager feels that the Commission is getting into his realm, he asked the Manager to let the Commission know. Manager Govoruhk brought up the fact that it was after 11 :00 p.m. and a vote is needed to extend the meeting. e Motion was made by Commissioner Ferring to extend the meeting. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner e e e Regular Meeting City Commission January 9, 1995 94-95-07 Page 12 Gennell: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher said he has asked for a meeting to discuss a number of issues from the Sunshine to handling Planning and Zoning issue that come in front of the Commission, the new laws and coupled with that a review of the Charter and a discussion of the nature that Commissioner Ferring has raised. Discussion. Mayor Bush said a date will be set at the January 16, 1995, meeting. Commission Seat III - John Langellotti: Commissioner Langellotti asked the City Attorney if he knew of any discussions going on between certain homeowners Assoc. and the City of Oviedo. Attorney Kruppenbacher said he is unaware of anybody talking with the City of Oviedo beyond us. Commissioner Langellotti also asked the City Manager if he has received any complaints from residents in Tuscawilla not having recycling picked up. Manager Govoruhk said yes, he has and that IWS was called and was suppose to send out a special runner but didn't know if they did or not. Manager Govoruhk also said we will be setting up a meeting because their service in the last month has almost hit rock bottom. Commission Seat IV - Cindy Gennell: Commissioner Gennell stated that she has more information regarding bicycle paths and a legal case against DOT and another about a safety study on bike lanes in Florida. Commissioner Gennell also said she has tapes from the League of Cities Convention in Minneapolis. The theme of the Convention was "Beyond Boundaries". She said she would leave the tapes with the Clerk for who ever would like to make use of them or Board members who would like to use them. Mayor's Office - John F. Bush: Mayor Bush mentioned a letter he received from a gentleman who lives on Sybilwood concerning Trotwood Park. He said he has talked to the City Manager about this and the Manager has had the Parks and Recreation Director, Don Wilson look into this matter; and that he has given me a report on this also. Mayor Bush also mentioned that on Friday, January 20, 1995, at 9:00 a.m. until I! : 15 a.m., at the AAA headquarters, there will be a full meeting of the legislative Delegation. Mayor Bush said that he called DOT regarding the removal of the tolls on the Greenway by the proposed Oviedo Crossing Mall and he spoke to Jim Eily who is Deputy Secretary, and asked if this . . Regular Meeting City Commission January 9, 1995 94-95-07 Page 13 has ever been done, Mr. Eily said yes it has been done down in Miami by Joe Robby Stadium. Mayor Bush said he asked Mr. Eily to look into this to see if it is a possibility for us to consider here regarding the Oviedo Crossing Mall. The meeting was adjourned at 12:05 a.m. Respectfully Submitted ~'1h-~ Margo M. Hopkins, City Clerk .. Approved: 7~