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HomeMy WebLinkAbout1995 06 12 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION JUNE 12, 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 of silent prayer. Approval of Minutes of May 22. 1995: Mayor Bush asked if there were any additions or corrections to the minutes of the regular meeting of May 22, 1995. Mayor Bush noted a typo on page 3, first paragraph, last sentence, the word "at" should be the word "as". Mayor Bush asked the City Clerk to summarize action that the Commission took at the meeting at the end of the minutes. Mayor Bush read and presented Resolution 761 to Grace Ann Glavin for appreciation for serving on the Planning and Zoning Board. Mayor Bush read and presented Resolution 760 and a plaque to Charles L. Byram for outstanding volunteer service to the City of Winter Springs Police Department. Mr. Byram stated that he very much appreciates what the Mayor and Commission has done and he is only too glad to be of service to the City and to the Winter Springs Police Department. Commissioner Ferring stated that he wanted to add his personal gratitude and thanks to Grace Ann Glavin. PUBLIC INPUT Gene Lein, Winged Foot Circle East, stated that last month he made a final report for the Districting Commission to the City Commission and that he neglected to say at that time to thank those on the City Staff that helped him out, especially Martha Jenkins, Deputy City Clerk, who did an outstanding job as a recorder and secretary, doing some very adverse meetings that we had. Mr. Lein also stated that he is not sure whether the City can get involved or not but there has to be some agency within the City that should look into this, it pertains to a situation on the Tuscawilla Country Club Golf Course; it is a bridge, a foot bridge, a bridge that is used for golf carts, that has been in desperate need of repair for more than a year. The Management, the owner, and repair people are aware of the situation and have been informed by many members. Some of the people are concerned that someone will get hurt someday, unless the owner is made to take care of the situation. I don't know whether there is an agency that can handle that in the City, but I just want to bring that to your attention. Commissioner Ferring asked the City Manager whoin the City would be responsible for looking into some type of an unsafe condition like that. Manager Govoruhk stated he will check first thing tomorrow to see if it is the Building Department or Engineering Department that would check into that. Mr. Chris Monte Carlo, South Greenleaf Court, gave the City Attorney photographs to look at while he spoke to the Commission. Manager Govoruhk stated the Commission has in their packets, a letter from Mr. Monte Carlo that he is possibly suing the City. Attorney Kruppenbacher stated that sometime within the last two weeks, the gentleman (Monte Carlo) furnished to the City, a notice of a claim, as it relates to damage to property; by this gentleman against us (the City) and some developers. I advised Mr. Govoruhk in writing, that you (the City) are duty bound to forward notice of claims to your insurance carrier; other wise you risk the loss of that insurance. I also advised the City Manager, with the exception of anything that rose to the level of public safety, an emergency level, to take no steps or do anything until the insurance carrier conferred with him. Per that advise Mr. Govoruhk did refer it off to the Florida League of Cities for that claim. My recommendation for you tonight would be if you want to hear it, you can hear it, but I would recommend that you have no comment other than to say the matter has been appropriately referred at point and we will wait for the next meeting to hear back from the League of Cities. Mr. Monte Carlo stated that he will proceed to read his statement not withstanding what directions have been given by the City Attorney. Attorney Kruppenbacher stated to Mr. Monte Carlo, that his response has been that this is a serious matter, based upon what you have presented, both in writing and now from the pictures I've seen. When the City is in that type of situation, that they are put on notice of a claim, they are legally obligated to give it to their insurance carrier and that is what they have done. Attorney Kruppenbacher then said that Mr. Monte Carlo should be contacted by someone from our insurance company and if that does not happen, we need to find out why. That is where it needs to go at this point, because we jeopardize the City as a whole not to follow that process. Mr. Monte Carlo gave the Mayor and Commission a copy of the statement that he read. CONSENT AGENDA A. Winding Hollow - Acceptance of Property for City of Winter Springs. B. Chestnut Estates Phase I (Tuscawilla Parcel 14-C) - Approval/Disapproval acceptance of Regular Meeting City Commission June 12, 1995 94-95-22 Page 3 improvements (water, sewer and reclaimed water system; and the interior streets) for City maintenance. (that portion of Parcel 14-C located to the south of intersection of Winter Springs Boulevard and Seneca Boulevard and those (2) lots on east side of Seneca Boulevard): Mayor Bush asked for a motion for the consent agenda. Attorney Kruppenbacher asked to talk about item "A". Mayor Bush said with the exception of item "A", is there a motion to approve the consent agenda. Motion was made by Commissioner Ferring to approve the Consent Agenda. Seconded by Commissioner Langellotti. Discussion. Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. GENERAL AGENDA ITEM "A" from consent agenda - Winding Hollow - Acceptance of Property for City of Winter Springs: Attorney Kruppenbacher said in the packet that the Mayor and Commission received regarding this item, there is a "page 5" of the environmental assessment report. Some time in the past this Commission passed an Ordinance requiring environmental level one site assessment, prior to your being willing to accept ownership of property. Donald LeBlanc, Land Management Specialist, pointed out the property on a map. Attorney Kruppenbacher said he attempted to ascertain, through different experts, how to basically evaluate this report. There were some gasoline tanks found and removed; then if you read "page 5", there are qualifications to these conclusions and recommendations. I bring that to your attention, not to impede the process, but to say that I want you (the Commission) to be knowingly aware of your acceptance. You may at this point to want to prudently look at the whole report. Mayor Bush asked Mr. LeBlanc, that on his memo of May 23rd, his last sentence, it states "...Don told me that these had been removed..", referring to the gasoline tanks. Mr. LeBlanc said Don McIntosh, who is also here. Mayor Bush asked if Mr. LeBlanc is sure that the gasoline tanks had been removed. Mr. LeBlanc stated that he has always trusted Mr. McIntosh; I believe they (gas tanks) were near the power easement where they built the homes in unit one. Mr. LeBlanc said that he thinks all the environmental reports that he has seen, all have the disclaimer that the City Attorney is referring to, I think that is a common disclaimer. Attorney Kruppenbacher said he is just bringing this to the Commission's attention; Mr. Govoruhk and Mr. LeBlanc has been handling this from a Staff level, appropriately in getting you all the information you need. If you look beyond the issue of the removal of the tanks; it talks about leakage, but they believe that there is allow possibility of an adverse environmental impact. In the qualifications section it talks about that it is based upon the limited information obtained for this study. Regular Meeting City Commission June 12, 1995 94-95-22 Page 4 Attorney Kruppenbacher stated that the Commission has the right, per the ordinance, we went with a level one ifidentified problems going up to a level two etc. I am telling you as a lawyer, that there are evaluations and judgements that have to be made at this point. If you are comfortable with this report, that is your judgement; if you are not, your option is to say let's get some one to sign off that the tanks were removed, that there is no problem that exists at this time. Commissioner McLeod said as he read through the report it talked about either 3 or 5 tanks and reading further it described those as gasoline tanks out of automobiles. It also said in the removal of those tanks, if the ground under those tanks had indication of any brownness then there should be borings done in that area to determine a further leakage that may be under the water supply. The report then went further on to basically say that they have physically looked and the tanks were gone, however there was no further borings done at that time and they assumed that there was no damage done to the environment. I think that if the tanks were put out empty, that is one thing; if the tanks were put out there and had fuel in them and the fuel went to the ground; I think as a Commission accepting a piece of property, I would be for some borings taken by the environmental to check the area right where the tanks were to find out if there was any leakage of anything into the ground at all. We would be the one who would be liable for it; if an agency comes along later and it has to be cleaned, it becomes our problem. I think for safeguards, I think you need to go one step further and have that particular area tested to find out. Attorney Kruppenbacher recommended to the Commission that they approve this subject to this City receiving an environmental report that there is not a problem from an environmental standpoint and have the City Manager and City Attorney sign off on that. Mr. LeBlanc said be doesn't believe that those tanks were on any of the properties that we are accepting. They were on the entire acreage and if he remembers correctly it was on the property along the easement area, along the north side, and that is not property that we are accepting. Commissioner McLeod said he then would want an environmental report for the property that the City is accepting. Discussion. Attorney Kruppenbacher stated that he recommends that the Commission accept this subject to an environmental report saying that there is not a risk for the City. If at that time we get that, if it says that clearly, then we are done; if there is an evaluation to be made, then we will bring that back to you right away. Motion was made by Commissioner Ferring to approve the acceptance of property in Winding Hollow, subject to an environmental report saying that there is not a risk for the City. Seconded by Commissioner Langellotti. Discussion. Commissioner McLeod stated he doesn't have a problem with accepting that this way; but one step further if those tanks were not on that property at all, it should also be so stated. I believe someone from our Staff should look at the area to see if that is the actual area where the tanks were. Attorney Kruppenbacher said it talks about there were two facilities in the surrounding vicinity of this property that reported leaks or spills of petroleum products. Regular Meeting City Commission June 12, 1995 94-95-22 Page 5 Attorney Kruppenbacher said it was also identified that there were four gasoline tanks to be removed on the site; I have to interpret that as on the site that they are analyzing. There are some qualifications in this report that are beyond standard qualifications and I think the Commission wants to be careful. Commissioner McLeod said he wants to make sure that it is not on the piece of property that the City is accepting and if it is, it is properly handled. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Public Hearing, Second Reading Ord. 584, adopting the map and description of the recommended districts filed by Districting Commission. etc.: Motion was made by Commissioner Conniff to read Ord. 584 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: nay; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion died. Attorney Kruppenbacher read Ord. 584 in it's entirety. Mayor Bush closed the regular meeting and opened the Public Hearing. Mayor Bush asked if there was anyone present who would like to speak concerningOrd. 584. There was no present to speak on this ordinance. Mayor Bush closed the public hearing and reconvened the regular meeting. Motion was made by Commissioner Ferring to approve Ord. 584 as read by the City Attorney. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti:aye. Motion passes. Public Hearing. Second Reading Ord. 585. Dismissal of Board Members: Motion was made by Commissioner Ferring to read Ord. 585 in it's entirety. Seconded by Commissioner LangeUotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord. 585 in it's entirety. Attorney Kruppenbacher recommended a modification to Section I and that being to read: "...whichever event occurs first, shall be eligible for immediate forfeiture of his(her) office pursuant to law." That way if there is any applicable statute that is passed, any applicable charter change, anything, you will do it in accordance with whatever way it has to be done. Mayor Bush closed the regular meeting and opened the public hearing for Ord. 585. Mayor Bush asked ifthere was anyone present who would like to speak concerning Ord. 585. There was no one to speak on this Ord. Mayor Bush closed the public hearing and reconvened the regular meeting. Commissioner GenneU stated that she is opposed to this Ord. as she stated at the first reading of this Regular Meeting City Commission June 12, 1995 94-95-22 Page 6 Ordinance. Commissioner Gennell stated that she feels that it is "over kill"; I think we have other ways of dealing with a situation like this without going to this length. However, in view of that, a letter came in earlier this week from Mr. Tom Waters - Commissioner Gennell read the letter from Mr. Waters, which asked the Commission to not pass Ord. 585. Commissioner Conniff stated that he read Mr. Waters' letter with interest and said he is comfortable with the disclaimer that we put in Section ill, it does not appear that we are capriciously or arbitrarily deny anybody any constitutional rights and he is comfortable with the way the ordinance is written. Attorney Kruppenbacher said based on the letter from Mr. Waters, he would like to ask that you consider adding Any person who is a member of the Winter Springs City Commission or any Board appointed by and a member of the Board of Directors of an Orgiznation or group so you would have to be both to forfeit your office; you may want to add to this "that any person individually who sits on your Board or on the City Commission who sues the City, it doesn't have to be a member of a Board of Directors. Discussion. Commissioner Ferring also stated that he read Mr. Waters' letter and takes objection to the fact that Mr. Waters pinpoints the Tuscawilla Homeowners Assoc., I don't think this was the intent of this ordinance. Commissioner Ferring stated that he thinks the ordinance was well meant and that it will go on with the caveats that were put in and he doesn't see any problem with it. Commissioner Langellotti also spoke in discussion. Commissioner McLeod stated that he asked for this ordinance, and the reason was not to attack the Tuscawilla Homeowner Assoc. It is directed not for any specific area of the City, it is directed as exactly what it states; if an individual that is sitting on a Board for the City and is involved with a law suit against the City of Winter Springs that would weigh the decision making of that individual on the Board, in favor of an outside party, then that person should either stay with the Board who has the law suit against the City or resign from that Board and stay with the City Board, but not on both Board. I find in Mr. Waters letter a few comments that I would like the City Attorney to address and they are: the time frame - I feel that there should be something in the Ordinance that states that the person is eligible for reappointment for the Board whenever the law suit is over. Commissioner McLeod stated the statement by Mr. Waters that the City Commission is punishing the Tuscawilla residents is absolutely incorrect. Mayor Bush asked the City Attorney, doesn't the Commission who appoints people to Board, also have the power to remove them without this ordinance. Attorney Kruppenbacher said there are procedures for removal pursuant to Florida Statutes, but I do think it legally appropriate that you do put them on notice through this ordinance. Discussion. Mayor Bush also said that the City Charter outlines the procedures for the removal of a Commission member already. Attorney Kruppenbacher said it outlines the procedure that you go through, it does not outline reasons. Discussion. Regular Meeting City Commission June 12, 1995 94-95-22 Page 7 Mayor Bush said his point is that if we already have the authority to do these things, he doesn't see that we need another law on the books. Discussion. Motion was made by Commissioner Conniff to adopt Ordinance 585 as amended. Attorney Kruppenbacher stated that the amendments will be: the Commission determines that the conflict ends upon conclusion of the litigation~ and the individual is also covered as well as the individual who is a member of the Board of Directors and the person is eligible for immediate forfeiture of the office pursuant to law. Seconded by McLeod. Discussion. Vote: Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: nay; Commissioner McLeod: aye. Motion passes. Public Hearing. Second Reading Ord. 586. Sale of Surplus Utility Property - Fairfax Ave. Building: Motion was made by Commissioner Langellotti to read Ord. 586 by title only. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Ferring: aye~ Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Ord. 586 by title only. Attorney Kruppenbacher said if the Commission approves the Ordinance the Commission will be directing the City Manager and City Attorney to complete the sale through the appropriate transfer documents and deeds etc. Mayor Bush closed the regular meeting and opened the Public Hearing. Mayor Bush asked if there was anyone present to speak on Ord. 586. There was no one to speak on Ord. 586. Mayor Bush closed the Public Hearing and reconvened the regular meeting. Motion was made by Commissioner Ferring to approve Ord. 586, the sale of surplus utility property, Fairfax Ave. Building. Seconded by Commissioner Conniff Discussion. Commissioner Gennell said that she called the Commission's attention at the first reading of this Ord. that the fact that the Compo Plan addressed the potential for decline in areas of the City and it identifies an obligation on the part of the City to try and preserve those areas. Commissioner Gennell stated that she thinks the City should try and preserve a presence in that area of the City instead of divesting ourself of properties in that area. Commissioner Gennell said she wants to know why the Commission thinks the City needs the money, where you plan to put the money, and what is the rush to sell it when the road is going to widened and it will be worth more money in a couple years. That is an area of town that needs our presence there, it needs some help in development, it doesn't need us to walk away and take the money. Commissioner McLeod stated we are selling the property so the buyer can improve it. Also, the ordinance of the Compo Plan, as he pointed out before, only states if the building is a building at is at presently ready to go on the records, then the City needs to reserve it~ this building is far from being ready to go on the records for being eligible - 25 yrs. or better. I think that is why the Commission chose to go ahead and relinquish the building. Plus, at the time we moved the trailer Regular Meeting City Commission June 12, 1995 94-95-22 Page 8 back here, if we go back to our records, we will also see at that time it was part of the budget that that building would be sold to help off-set some of the cost of moving the trailer back here and moving these people from there into City Hall in the future~ that was put to us in a budget proposal. Commissioner Conniff stated that Mr. Grogan cam before the Commission and assured us that he is not going to let that property deteriorate~ he made the comment that he was going to enhance the property and I firmly believe that this will happen. Commissioner Gennell stated why doesn't the Commission, if they are to sell the building, why don't we use some of that money to build the park back there that we discussed earlier and improve that area for some of those run down buildings there. Why just take the money and put it in the City and just flitter it away, use it to improve that area. Mayor Bush said he believes that issue would be addressed when the Commission considers the budget for the coming year~ that would be the time to bring that up and I think the Commission, will in fact, consider it. Vote on the motion to approve Ord. 586: Commissioner Langellotti: aye~ Commissioner Gennell: nay~ Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferrlng: aye. Motion passes. Resolution 762 - Jon M. Hall request to split Lot 6 and the West 55.5 feet of Lot 7, Entzminger Farms Addition No.2. P.B. 5. Pg. 9 (located at terminus of Old Sanford/Oviedo Road on south side: Mr. LeBlanc stated the Commission has a package on this lot split from the time the property was annexed in the City, how it was annexed to the present. In reality there is a 55.5' oflot 7, but that is only to equalize the lot~ the only split that is happening is on lot 6. It meets all the requirements ofC-2, the Staff has given their recommendations. Mayor Bush questioned ifthe 55.5 ft. of property has any bearing on this. Mr. LeBlanc stated that that is the way the property was annexed into the City, that is the way the property was sold to Mr. Hall and he is using the 55.5 ft. to equalize two lots~ giving you 236.26 ft. for each lot. Discussion. Mayor Bush asked if Staff had no objection to this request. Mr. LeBlanc stated that Staff did not have any objection to this lot split. Motion was made by Commissioner Langellotti to read Resolution 762 by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Ferrlng: aye~ Commissioner Conniff: aye~ Commissioner McLeod: nay~ Commissioner Gennell: aye~ Commissioner Langellotti: aye. Motion died. Discussion. Commissioner McLeod stated to the Attorney to read Res. 762 only and not the attachments. Attorney Kruppenbacher read Res. 762 in it's entirety (without the attachments). Regular Meeting City Commission June 12, 1995 94-95-22 Page 9 Motion was made by Commissioner Ferring to approve the lot split John Hall request. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod; aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye. Motion passes. Transportation Impact Fee Agreement - ApprovaVDisapproval to allow Transportation Impact Fee Credit for the construction ofTuscora Drive as per the Tuscawilla Settlement Agreement and Section 9-386 of the Code: Mr. LeBlanc stated that the package the Commission received is what he sent to the Attorney and they have been working on it some approx. a year and have just reached and acceptable agreement and Me. McIntosh is here to represent Tuscora Dr. project; the City Attorney has been heavily involved in this also, if you have any questions. This has to be approved by the Commission according to Section 9-386 of the Code; it is also allowed by the Tuscawilla settlement agreement. There was an impact fee agreement reached on the Vista Willa Dr. construction with Sullivan properties. Attorney Kruppenbacher stated that he forwarded the agreements on to Tipton and Assoc., who have administered the City's Transportation Impact Fee Ord., and has done the transportation impact fee studies and transportation policies; we then asked for and received back a letter dated May 15, 1995, where Mr. Tipton has evaluated this request and represents that it is consistent with the City's policies and procedures as he administers them for you and recommends the amount for the credit. Discussion. Motion was made by Commissioner Ferring to accept the transportation impact fee credit for Tuscora Dr. and to allow the City Manager to sign the agreement. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Official Zoning Map Update - Annual update of the official zoning map as per Section 20-1 02( c) of the Code: Tom Grimms, Community Development Coordinator, stated that each year, as required by the City Code, the official zoning map must be recertified by this Commission. The P& Z board at it's June 7, 1995, meeting reviewed the revised zoning map. The Early property is the change, the rezoning was from R-Cl to Rl-AA; this was prompted by a Court settlement on the Early property in 1994. Discussion. Motion was made by Commissioner McLeod to approve the official zoning map as presented this evening. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Comprehensive Plan Amendment Process/PROCEDURE: a) Discussion of proposed Regular Meeting City Commission June 12, 1995 94-95-22 Page 10 process/procedure; b) First Reading Ordinance No. 587: Mr. Grimms stated that in reviewing the City Code and the requirements of Chapter 163 and 9-J -11 he came across the fact that there is no set procedure for Compo Plan amendments adoption by the City. It is advisable, per with my discussions with D.C.A. Staff, that a set procedure be set down. This will help avoid problems with due process. In accordance with Chapter 163, I have indicated proposed section 15-32. Mr. Grimms reviewed with the Commission the proposed new section 15- 32. Discussion. Commissioner Ferring complemented Mr. Grimms on the detail he has given and the way he wrote it in understandable language. Motion was made by Commissioner Ferring to read Ord. 587 by title only for first reading. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. 587 by title only. Item H - Discussion of Lake Mary Letter/Resolution regarding Seminole County Sign Ord.: This item was pulled from the agenda. Discussion of Tuscawilla Road Widening - Oak Forest Homeowners: Mr. Ken Haines, Aloha Court, stated that the Assoc. has the understanding and is diligently waiting for a decision to be made by the County Commission on whether or not the beautification dollars will be freed up and given to the City and at that point a decision will be made in connection with the Homeowners Assoc. as far as what together we could do as far as having a wall put up. At this point, that is where we stand, we are waiting for a decision to be made. I ask the Commission if they know or have any idea of when the decision will be made by the County of whether or not these beautification dollars will be allocated. Manager Govoruhk stated that he has been in touch with Seminole County and the President of the Homeowners Assoc., Ms. Joann Kribbs, as of right now the County has not made a decision because they are only 30% done on that section of Tuscawilla Rd. It will be two years from now, possibly somewhere between now and that time before the County even talks to us or comes to some kind of agreement on the beautification of Tuscawilla Rd. Commissioner Ferring said the only hope we have in expediting this at this point, is the if the Deputy County Manager is acting as the interim County Manager, ifhe is appointed by the Commission, he is familiar with what Mr. Raburn has been doing with this; hopefully we will be able to start expediting it. I have all ready spoken to Ms. Kribbs also regarding the wall and I've instructed her that the Oak Forest Homeowners Assoc. has to be aware that this is going to be whatever discussion come down the line, that it is going to be a mutual beneficial deal between the City possibly and the Regular Meeting City Commission June 12, 1995 94-95-22 Page 11 Oak Forest Homeowners Assoc. and they have to start thinking of exactly what cost factors are and what they are willing to put before their members if a referendum is sent out. The referendum has to definitely state a positive figure, it has to be included with a sunset clause so that the people know exactly what they are getting into when they are voting on this. Ms. Kribbs is aware and hopefully as soon as we get further information, I think maybe when we get into budget discussions, maybe something might come out of it. Discussion. Commissioner Ferring stated we have discussed specificity as far as where the wall would be, it would have to get permission because it is suppose to go on the homeowners property and they would have to grant an easement for the wall to be built. Then we will have to get the exact specifications on how far you want the wall to go and that is something you (Mr. Haines) had assigned someone to when you were President. Mr. Haines said the Homeowners Assoc. wants to go 100%, he stated that he doesn't know the exact amount offootage, but they do want to go the whole way. Mr. Haines mentioned that he is on the Board of Directors and acts as the City liaison and will take this information to the President. Discussion. Mayor Bush stated that he recollects that one of the County Commissioners made a statement in the meeting that we had at the County Services Bldg., that they would not give us any money towards a wall. Manager Govoruhk said he has the minutes and the comment was "no money for the wall". Commissioner Gennell said her recollection of it when we were there and the plans we looked at, indicated that the County laid out the plans with a wall, and the County had the intention of building the wall at the time they put the road in and we were to come up with the money ahead. Commissioner Gennell said did she not see plans for the wall in that road project proposal that they gave us. Manager Govoruhk said to answer that, in the proposal for the roadway - no~ they did a drawing that was more or less a courtesy drawing but nothing in their plans for a wall. Commissioner Gennell asked did they not include what they estimated the cost would be if done by them in conjunction with the road? Manager Govoruhk stated yes. Commissioner Gennell said then we are back to the position if we are waiting for them to reach the end of their road project, how do we coordinate the billing for and the building of the wall if they in fact are going to be doing it and we are having to worry about getting a referendum out and a special taxing district - two years doesn't see realistic, if you are saying two years is when the road is going to be done and they are saying the wall will be build in conjunction with the road. Mayor Bush said he thinks what the City Manager is saying is that it will be two years before they start. Manager Govoruhk stated that the County is only 30% right now on their plans for that section of the roadway; it is still planned as section 4, but they want to combine it with 3 and 4 which would move it up one more year. Commissioner Ferring stated that the County gave us a courtesy drawing regarding the wall because we had discussed this; they were no way close for the footage that we needed for this wall and the fees and rates that they were giving us for the construction per foot was extraordinarily high and we have subsequently have been talking with certain developers that are using masons now, where if we Regular Meeting City Commission June 12, 1995 94-95-22 Page 12 can get this moving within a short period of time, come well under the figure that the County was giving us as far as a running foot. This is a decision we as a Commission, when we get into our discussion regarding budget may have to look at. The County is not going to put up a wall or pay for a wall, the County is allowing us a little over a quarter of a million dollars for beautification of Tuscawilla Rd. with the fact that we would have eventually had to pay for the beautification and maintenance ofTuscawilla Rd., that is going to be freeing up funds that we would have ordinarily had to spend, therefore, that is the area that we have look at when we discuss how much can we put up if we are going to do that. Commissioner McLeod stated that he heard that the County was not going to pay anything. I have asked before that I think this Commission should be talking about Oak Forest wall, I've been told that we are not ready to talk about the wall, I'm not sure if there is a consensus on the Commission that this Commission should be paying for Oak Forest wall because as we go to the next subdivision, who is paying for theirs? We have to look at all of Tuscawilla Rd. at that time to see what we are talking about in walls, that discussion hasn't even been before this Commission, I think that is something that needs to be decided. I have asked before, at what percentage rate is the Oak Forest Homeowners willing to put in, I think that is a deciding fact also by this Commission. We have not had an open discussion on this, I think we need to have discussion first to see if we need to be building the wall to start with. Mayor Bush asked if the Commission would like to see this as an agenda item at a future meeting. Commissioner McLeod said he would, he thinks the Commission needs to talk about it, talk about it with the Homeowners Assoc., we need to lay all the cards on the table and then if it is decided that the City is going to step forward to do something, then I think it goes into the budget at that point, and be discussed at that time. I think what we are saying here is we are going to wait until budget time and some Commissioners are going to bring up the fact that we need to put this wall in the budget; I don't think we are necessarily being fair to all citizens of the City and I think it has to be looked at as what is right for all citizens in the City, not one subdivision. Commissioner Ferring stated he thought for the period of time that we have been discussing this that this Commission was in general agreement, there was a consensus from this Commission that when we were going to be beautifying Tuscawilla Rd. that that would be an added plus to the beautification of that road. Ifwe are going to be applying and making this corridor a benchmark for the future, the beauty of a wall along there is cet;tainly going to enhance it, that would be under a capital budget projection, I don't think it is unfair that we can't do something like this in our beautification improvement programs. Commissioner Gennell said that she agrees that the wall should be a separate issue, she doesn't think it has anything at all to do with the beautification as far as monies and the County. She thinks we can deal with it separately as a Commission with the Homeowners and do as Commissioner McLeod says. I would like to see it on the agenda also. Discussion. Mayor Bush reiterated that it was his recollection that the County at no time ever said that they would Regular Meeting City Commission June 12, 1995 94-95-22 Page 13 pay for the wall. We are going to have to pay for it, or the homeowners or some combination. Mr. Haines said we are not asking the City to build us a wall and pay for a wall. Weare looking for help, there is more than an aesthetic aspect of this, we are talking about safety, we are talking about a buffer that has existed for 15 yrs. that now the roadway is going to approx. 5 to 10 feet from peoples backyards; so it is more than just astetic. Mayor Bush suggested why doesn't the Commission give Mr. Haines the go ahead to meet with Staff to come up with some alternatives for the Commission to consider, let the homeowners have input and Staff, working with Staff as much as you can to bring it back before the Commission for consideration. Mayor Bush said we have to give the homeowners some direction. Discussion. Mr. Haines stated the reason why the Homeowner Assoc. has waited, if you recall, a few months ago, the Commission talked about something where the County got together with the other municipalities in Seminole County and there was a general agreement that monies would be freed up for road widening projects such as Tuscawilla Rd. and that approx. a quarter million dollars would be freed up. I think there was some consensus and agreement among the Commission that this might be the avenue, that the County is not directly paying for the wall but these were monies the City would have paid out to beautify Tuscawilla Rd., this is where it came from. This was discussed by the Commission a few months ago. Commissioner McLeod stated that is correct, what that was for was a different style of trees, upgrade in the grass; they were willing to spend that kind of money for that. It was not for a wall, and I asked the question at the time, regarding the wall of why was the money going for the wall. The County is giving the money to beautify the remaining portion or the center portion of the highway, I thought at that time that we as a Commission need further discussion, which we have not had nor have we had it with the homeowners. I am not saying that I am against it or for it, I am just saying that before it goes further, by the Mayor saying to give it to a committee to study with the homeowners, I think you are condoning the fact that the Commission is going to do something. I think the homeowners need to come in front of the Commission and discuss this, I think the Commission is going to set a precedence if we decide to do a wall at that location, with any other location, like when 434 is widened. Discussion. Commissioner Ferring said he is taking exception to what we are talking about, the Commission sent me up to the County to negotiate a deal and I negotiated a deal with the County and came back with over a quarter of a million dollars that we never had before. They couldn't come out and say that they wanted to out and out build a wall because they couldn't do it because of the rest of their commitments around the County. In all respects, when that negotiation was going on, the intention was to put a wall up along that corridor and if we could utilize some of the money that we would of ordinarily spent, if that quarter ofa million dollars, wasn't there, this City would have to put $260,000 to the beautification process on that corridor. I helped negotiate the $260,000, now you are telling me that is "our" money and we will do what we want to do with it, I think that is unfair to what the whole intent was right from the beginning. Discussion. Regular Meeting City Commission June 12, 1995 94-95-22 Page 14 Mayor Bush again said he would like to ask the Commissions approval to let Mr. Haines work with the homeowners and come back with something to present to the Commission. Motion was made by Commissioner Conniff to have Mr. Haines work with the homeowners and Staff to look at possible recommendations for the Commission's consideration. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye~ Commissioner McLeod: nay~ Commissioner Gennell: nay~ Commissioner Ferring: aye~ Commissioner Langellotti: aye. Motion passes. Mr. Haines stated to the Commission, if they haven't looked at the plans on how it is going to affect and negatively impact Oak Forest, please look at the plans. Please Help Us Out. I.W.S. (B.F.I.) - Review of Contract: Attorney Kruppenbacher stated that at the last meeting the Commission asked that we look at the issue of assignability. Your ordinance provides that no assignment can take place without the prior written consent of the City Commission, that is per Section 8 of the Franchise Agreement. However, your authorization to approve a transfer cannot be unreasonably held~ I recommend the following three things for your consideration: 1) The City Manager notifY I. W. S. in writing that no assignment has been approved or disapproved and request the operator provide it's position in writing regarding the assignment issue. The operator should be provided 10 days to reply to this letter. Also, the City Manager should notifY the current operator in writing that the City Commission is considering going out for immediate bid, ifit determines no assignment should be made. 2) I recommend that the City Manager per your prior expressions of intent, notify the current operator in writing that the City will be going out for bid for award of a franchise upon expiration of the current franchise term. I recommend that you direct Staff to begin preparing those bid specifications in the event in either alternative so that we don't find ourselves on the "eleventh hour" trying to figure out how to get it done. There will be two sets of bid specifications, one that deals with the franchise fee and one that does not. 3) I recommend that you consider directing the City Manager to notify the current operator as well as the event you subsequently go out for bid at sometime, anybody who is in this business that no contact should be made with any Commissioner or the Mayor, and that this prohibition be contained in any bid specifications with disqualification of penalty for violation of the prohibition. Discussion. Commissioner Conniff asked how much longer is on the current contract. Commissioner Ferring stated one and a half years. Attorney Kruppenbacher said he is legally recommending that if the Commission is contacted by the current operator, that the Commission does not have discussions and the Commission refer it to the City Manager. Mayor Bush asked the Commission if they object to the recommendations by the Attorney that this would all be done by the City Manager. There was no objection. Commissioner McLeod questioned why has the Commission received a letter from another carried, if this has not been out for discussion, how does the other carried become aware that this is out here. Regular Meeting City Commission June 12, 1995 94-95-22 Page 15 Attorney Kruppenbacher stated that at the last Commission meeting the Commission asked me to give you an opinion of the assignability of the issue, I have had no discussions with anyone from any Company. He has spoke with the City Manager regarding this issue and before tonight's meeting Commissioner Ferring asked what my advise would be and I told him that I intended to advise the Commission as I have advised you tonight. My reason is for the very implications associated with your question Commissioner McLeod, I don't like the feel of anything, I don't like people telling me they have talked to Commissioners and getting this to the point where there is some error out there. So as your lawyer, I am cleansing, if you listen to my advise, and from this point forward, there is not going to be any discussions and if there are, my recommendation will be to you that you all vote to disqualify whatever company violates that request. Discussion. City Attorney - Frank Kruppenbacher - Reports: Attorney Kruppenbacher said on the report on Homeowners, I am in the midst of an investigation regarding this whole thing related to the filing of the lawsuit against the City. Since our last meeting there were reports in the paper, reports from a number of people that they had been told that depositions taken in the lawsuit of Tuscawilla Homeowners Assoc. and Moti Khemlani vs the City ofWmter Springs, Rouse Orlando, Richmond Tuscawilla and the Viera Co., was sealed by the Judge. On Friday afternoon I personally met, along with Attorney Donna McIntosh, with Judge Eaton; he advised that no depositions had been sealed. I had been ordering and asking for the depositions for some time and received on Friday a complete set of depositions of Glen Childs, Sue Flin, Isabel Laub, Donald Gilmore, and Richard Connor. I am giving the depositions to the City Manager. At this point in time, I am not giving you a recommendation regarding whether or not to file litigation or not, I am advising you that I will be filing a motion, unless you have objections, to tax costs against the homeowners association, that we incurred in reference to the lawsuit they dismissed. Costs are different than Attorney's fees, we do not have a claim for Attorney's fees, we will, per the Florida Rule procedure, ask for costs as it relates the cost of deposition transcripts, postage, copies, hard costs of that nature. The Commission had no objection to the Attorney doing that. Attorney Kruppenbacher said in addition to that, he has received information from a number of sources regarding questions of lines of credit extended to people, about connections between companies and people and companies and activities. Unless there is an objection, I will contact, this week, the Department of Justice and talk through what has been told to me, what I am in possession of in terms of concrete information, and ask for their advise as to whether or not there is anything there that is inappropriate from their standpoint. I know that there is an error of conduct or activity that clearly is different than the norm. Discussion. Attorney Kruppenbacher stated that he will keep the Commission posted on this. Attorney Kruppenbacher said pursuant to Florida Statute 286, that 15 minutes prior to the next scheduled meeting, you hold a closed meeting at which the following people will be in attendance: Commissioners McLeod, Gennell, Langellotti, the Mayor, Commissioners Ferring and Conniff, City Manager Govoruhk, Attorney Kruppenbacher, a court reporter. The purpose will be limited to discussing settlement negotiations related to the pending lawsuits that we have filed against the developers or that they have filed against us, the City of Oviedo, 2-3 sets of lawsuits. I anticipate the Regular Meeting City Commission June 12, 1995 94-95-22 Page 16 meeting not having to take more than a 15 minute time frame. It will be limited to those discussions, it will be recorded by the court reporter, she will seal it, transcribe it reasonably thereafter and provide it to the City Clerk. No other discussions will take place; upon conclusion of litigation it will be made public record. Mayor Bush said that was fine, however he will not be at that meeting as he will be out of town, the Deputy Mayor will then run the meeting. Attorney Kruppenbacher said to give you a brief status, we are still in discussions regarding the issues, we have been working through the issues related to the resolution of that whole matter. Attorney Kruppenbacher said that the Statfand myself have met with Mr. Mikes and worked through and will be bringing to you a proposed revision to his settlement agreement that will enable you to have the authority to decide whether or not you want to authorize the development as he is proposing it, in that one case. Attorney Kruppenbacher stated, Seminole Pines (across the street), back in 1982 they entered into an agreement with the City to provide us certain property for the City's benefit. Since 1982 the property has changed hands etc., we have been contacted by the Attorney and Bank in Chicago and apparently the prospective purchasers of the property. Mr. LeBlanc doing his due diligence in protecting the City, advised the prospective purchaser about the existence of this agreement. We have not run a title check etc., to see where everything is, from the best I can tell in 1982 it was not recorded by the City. The current purchaser is basically saying that they don't see any reason that they have to honor the agreement or pay the City anything since they were not noticed about it; but if the City can come up with a reason why, they are willing to negotiate and resolve the issue with the City. We don't have much of an obligation to do anything, because if we don't do it, they probably wouldn't close the deal. I would like the Commission to authorize the Manager and myself to attempt to negotiate a resolution to this issue, to be brought back to the Commission for approval. Discussion. Mayor Bush asked if there was any objection to the City Attorney's request that he and the City Manager to negotiate a resolution to this issue. There was no objection. Attorney Kruppenbacher also stated that Mr. Holmes from the State Attorney's office has provided him with dates that he is trying to get free and if it is all right he will deal with the City Clerk to schedule a time to have him over to talk to all the Boards. In addition to that, I have been talking to him (Mr. Holmes) regarding some sunshine issues, that I have not finalized yet, that Commissioner Ferring asked me to look into, he (Mr. Holmes) and I will conclude that and bring that back to the Commission. Attorney Kruppenbacher asked ifanother closed meeting could be scheduled at 7:00 p.m. before the other closed meeting on June 26, 1995, for collective bargaining purposes. The union and the City negotiations have reached agreement on a contract. What we will do is have you review it in that closed meeting and discuss any issues; if everything is all right, then bring it to you at the public meeting for your approval. So we will meet from 7:00 to 7:15 for collective bargaining and from Regular Meeting City Commission June 12, 1995 94-95-22 Page 17 7: 15 to 7:30 we will meet in terms of the "286" meeting. City Manager - John Govoruhk - Reports: Manager Govoruhk stated that at the last meeting the Mayor and Commissioner McLeod brought up about reading an Ordinance in it's entirety, the only comment he would like to make is at the doorway to the Commission Chambers, on one side of the bulletin board will be posted all agendas and on the back side all Ordinances and Resolutions will be posted, which has been done for some time. Mayor Bush asked if there would be a problem to have a folder at the Reception Desk that contains the packet that the Commission receives. Manager Govoruhk stated that if anyone wants to review the packet, the City Clerk has a packet in her office. Attorney Kruppenbacher said unless the Commission has an objection to this, is it all right if he proceeds to work towards the concept of having the Commission amend the City's impact fee ordinances to give the Commission the authority to grant credits as inducement to bring in commercial development into the City. The Commission was in agreement. Manager Govoruhk stated he would like a workshop date for the budget for the 1995-1996 fiscal year. Discussion on a workshop date. It was determined that a workshop will be held on June 19, 1995 at 6:00 p.m. Manager Govoruhk also mentioned that the City has received a check for $20,949.00, from the Florida Municipal Self Insurers Fund for the 1993-1994 audit. Commission Seat V - David McLeod: Commissioner McLeod asked the City Attorney about the reading of Ord. Attorney Kruppenbacher read from the Charter "Upon introduction of any Ordinance, it shall be read in it's entirety provided however that said reading may be by title only if all members of the City Commission so vote". The second reading ofOrd. shall be read by title only. Commissioner McLeod stated that he stopped at Central Winds Park to look at the screening and recommended that the Commission do the same because he is not sure that the route that the City has taken is the best route. What he sees now, instead of children possibly getting hit by baseballs, there is multiple posts now throughout the walk area; as children run, I think we may have another problem created there. I don't have a solution to our problem, I just think we should look at what we are doing. Commissioner Langellotti stated that he agrees with Commissioner McLeod, he thinks that there will be more accidents with children running into the poles, he was there today and thinks it is awful. Commissioner McLeod said perhaps if the company who is doing the work hasn't drilled the rest of the poles, maybe we should have the City Manager stop the process until all the Commissioners can look at it and all Commissioners feel comfortable with what they see. Discussion. The Commission was in agreement to halt construction and this will be an item on the agenda for the next meeting. Regular Meeting City Commission June 12, 1995 94-95-22 Page 18 Commission Seat I - Larry Conniff: Commissioner Conniff mentioned that someone from the City came to his house and mentioned that the storm drain that the City has put on the curbs was damages and wanted to know who did it. Commissioner Conniff said he would like to commend the City crews because they were taking care of it right away. Commission Seat II - John Ferring: Commissioner Ferring said he had put in the Commissioners mail box a suggested logo for the newsletter that the Commission has been discussion and the Manager is looking into; he wanted to give the Commission an idea of what the newsletter would look like no matter what is eventually done. Commissioner Ferring said going back several months ago, a resolution came before the Commission from Cablevision of Central Florida a.k.a.Time Warner Cable, which was rejected due to the fact that they basically have changed their corporate position in regards to what we have on record; I would like a general consensus from the City Commission as to whether or not to allow the City Manager to look into this. The City Attorney has given this to Attorney Tom Lang to see if we have any standing in this particular area and I would like to know if the Commission would like to look into that to see if we can negotiate with Cablevision of Central Florida a new short term agreement that would be more beneficial to the City. Discussion. There was no objection from the Commission to have the City Manger look into this situation. Commission Seat III - John Langellotti: Commissioner Langellotti said regarding the fencing at the park, he thought that the netting would be from the main building going out, not to have the poles all over the place. Commission Seat IV - Cindy Gennell: Commissioner Gennell asked the City Attorney what is the status on the sign moratorium for the corridor, are we dependent on the visioning process or is he working on something for the City separately. Attorney Kruppenbacher said he wrote to the League of Cities and asked for any sample ordinances they had, there really wasn't any help there. He spoke with council who represented the City that dealt with the recent supreme court case, and what he is trying to do now is modifY the City's current ordinance with as minimal a change as possible; give you that in draft form and let the Commission think about the ordinance as it applies to the City. Commissioner Gennell asked if the Attorney was talking about the billboard ordinance on 434 or is he talking about the homeowners signs. Attorney Kruppenbacher said both. Mayor's Office - John F. Bush: Mayor Bush said all the Commissioners has seen the letter from the Appraiser's Office, regarding the estimated taxable value and new construction etc., and mentioned that there were no annexations in the City. I have mentioned this a few times about looking into the annexation of the enclaves that exist in the City now and wondered if this is something the Commission would like to see the City Regular Meeting City Commission June 12, 1995 94-95-22 Page 19 Manager work on. Commissioner McLeod said he has had that conversation with the City Manager and the City Manager is working on several parcels at the present time. Mayor Bush mentioned that a citizen who lives in the Highland, and a ~esident of our City, George Colombo, contacted him and stated that he (Mr. Colombo) would like to work on the newsletter and he is a professional at this and does not want any compensation for doing this; if the Commission has no objection, he would like to get Mr. Colombo and the City Manager together to pursue this. There was no objection from the Commission. Art Hoffinann, Mt. Laurel Drive, commented that the City needs some good public relations and what they are planning concerning the newsletter is pretty good. Mr. Hoffinann gave the Clerk a magazine from the Seminole County Chamber and in it there is descriptions of other Cities but not Winter Springs. This might be something for the gentleman who wants to work on the newsletter to look into. They also have a directory and we should get something in the director as well. Discussion. Mr. Hoffinann also suggested putting a subject per month on the information phone line that will be discussed at a meeting during that month. The meeting adjourned at 10:25 p.m. Respectfully Submitted, ~'A.~ Margo Hopkins, City Clerk APPROVED: /:~