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HomeMy WebLinkAbout1983 09 13 City Commission Regular Minutes . . . 82-83-27 ~ . .. REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS SEPTE~mER 13, 1983 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso. Roll Call: Mayor John V. Torcaso, present Deputy Mayor Buck Adkins, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Jim Hartman, present Inez Linville, present William Jacobs, present Leanne Grove, present The invocation was given by~()mmissioner William Jacobs. The pledge of allegiance to the flag was led by Mayor Torcaso. Motion was made by Commissioner Linville, seconded by Commissioner Jacobs to approve the minutes of August 23 and August 30, 1983. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye: Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Public Input: Mrs. Betty McDonald, North Fairfax Ave., asked what is being built on N. Fairfax Ave. and if the screening on the fence could be improved at the Public Works Compound. Mr. Tony McNorrill, Tradewinds Road, said he would like to drop his opposition to the park that is to be built in his area and asked if he be allowed to purchase some of the land. Attorney Kruppenbacher will prepare the necessary documents and come back at the next meeting if all details are worked out. Mr. Bill Holmes, Conklin Porter & Holmes, Engineers, gave a brief report on Moss Road. Mr. Holmes said the Moss Road plans are ready for design and they will be proceeding with those as soon as copies of the soils work and tapa are received. He said he should have the tapa plans and field work of the City's eight acre site which would allow them to determine the suitability of joint usage of that area for a city complex and any drainage facilities that would be placed in that area. He said at the present time they have the base map for the Moss Road plans already constructed with the exception of putting the actual road profile. He said they would be proceeding very shortly with the actual road design. General Agenda: Public Hearing on FY 1983/84 Tentative Budget: Mayor Torcaso recessed the Commission Meeting and opened the public hearing for the 1983/84 Tentative Budget. Manager Rozansky said that Chapter 200.065 (2)(c) provides that after certification, the Mayor conducts a tentative budget hearing. The Commission is to amend the tentative budget as you see fit; adopt the tentative budget; recompute the millage rate should you change it and publicly announce the percentage if any of the millage rate that you would increase if you change it. This year's tentative budget is $2,774,086.00. The proposed budget for ad valorem . . Regular Meeting, City Commission, Sept. 13, 1983 Page 2 82-83-27 . is supported by 1.1551 mills and this will produce approximately $258,879.00 Ad Valorem, approximately 9% of the total proposed budget or 11% of the General Fund. That is the roll back rate, there is no tax increase in this budget. We expect to receive $41,750 in Federal Revenue monies. We anticipate receiving $315,000 from the State Sales Tax; from the County Gas Tax (4~)we anticipate receiving $88,085.00. This budget will fund our Police Department, Fire Department, Paramedic Program. It will continue our Parks and Recreation Program and it has a Capital Improvements Program, in the amount of $298,856.00. The Federal Revenue Sharing Funds in the amount of $41,750.00 we plan to buy two police cars, approximately $18,000; various miscellaneous equipment for the Fire Department in the amount of $9,300.00; additional equipment for our Paramedic Program in the amount of $5,250.00; Recreation Capital improvements to be used for completing the ball diamon~s at the Buttonwood Park are approximately $9,230.00. At our Workshop Meeting next week, Manager Rozansky will ask that we forward the money for the tennis courts here at Sunshine Park into next year, in the amount of $15,000.00. Personnel wise the budget supports 73 employees this year; we are going to add an engineering technician/planner, salary range $14,000 to $17,500. All personnel within the City except the City Manager will receive 5% cost of living and 2% longevity. The four non-allocated personnel whose salary was ad- justed will receive a little more. Their salaries were raised to be comparable to adjoining communities. The total pay package is $1,300,000 which is within the norms. There was no discussion from the audience. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. . Motion was made by Commissioner Hartman to adopt the tentative budget with the millage rate of 1.1551 which is the roll back rate which is the lowest that the City has ever had. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Request of Alvin G. Bass for approval to occupy a temporary building in zone RC-l on Bahama Road (E~ of Lot 2, Blk. B, Ranches Section 1). The City Planner explained that the request is on the south side of Bahama Road in zone RC-l. The request is to occupy a temporary building while the home is being constructed. Mr. Bass was present to speak for the request. Manager Rozansky said the Staff would have no objection to this request providing the sanitary service is self-contained and the Commission put a time limit on this request. Motion was made by Commissioner Jacobs to approve the request of Mr. Bass to occupy a temporary building in zone RC-l on Bahama Road for six months. Seconded by Commissioner Grove for discussion. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; (will file a conflict of interest form); Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Request of Mr. & Mrs. L. R. Langdon for approval to occupy a temporary building in zone Rl-AA on Morton Lane (Lot 16, Blk. N, Ranches Sec. 7). Mr. L. R. Langdon was present to speak for the request. Manager Rozansky said the same guidelines would apply to this request. . Motion was made by Commissioner Jacobs to approve the request of Mr. Langdon for six months. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Hartman, aye; (will file a conflict of interest); Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Regular Meeting, City Commission, Sept. 13, 1983 Page 3 82-83-27 . Ordinance for Changing Bidding Procedure - First Reading of Ord. No. 277: Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs to read Ord. No. 277 by title only on first reading. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Attorney Kruppenbacher read Ordinance No. 277 by title only on first reading. Ordinance for False Alarms - First Reading of Ord. No. 278: Motion was made by Commissioner Grove, seconded by Commissioner Jacobs to read Ord. No. 278 by title only on first reading. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, no; Commissioner Adkins, no; motion failed. (Sec.4.l5(b) Attorney Kruppenbacher read the first reading of Ord. No. 278 in its entirety. City Manager - Richard Rozansky: 1. Code Enforcement Board: Manager Rozansky recommended that the Police Chief be appointed to act as the Presenter for the Code Enforcement Board. Motion was made by Commissioner Hartman, seconded by Commissioner Linville, that the Police Chief be our Code Enforcement Board Presenter or Prosecutor. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner . Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Mayor Torcaso reminded the Commission of Mr. Mahoney's three absences. In October when two other appointm~nts will be made, the Commission will also address this appointment. Bids-Bushhqg: on August 25 two bids were received on a Bushhog, one from Robinson Equipment in the amount of $1,427.50 and Total Equipment Company in the amount of $1,385.00. The Engineer recommended the bid from Total, however they withdrew their bid. Manager recommended the bid from Robinson Equipment Company in the amount of $1,427.50. Motion was made by Commissioner Jacobs to accept the bid from Robinson Equipment Company in the amount of $1,427.50 as requested by the City Manager. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Reports: City Attorney: Panama/Fruitwood: Attorney Kruppenbacher said today he received verbal approval by DER that they would have no objection to the City conveying the ownership surrounding the drainage pond to anyone else. Attorney Kruppenbacher said when he had originally spoken to us he had wanted 100% consent from all surrounding homeowners around that particular lake. He said it is our understanding that there may be one or more homeowners not in agreement with receiving the property that the City would convey to them. . . . . Regular Meeting, City Commission, Sept. 13, 1983 Page 4 82-83-27 Attorney Dekle suggested a possible resolution to that being that the adjoining property owners would also take ownership of that property. (Basically you might have L shaped lots around the back of somebody else's lot and that those owners would then maintain the property.) Attorney Kruppenbacher said he would like the Commission to give him the authority with the City Manager to negotiate with Mr. Stoddart within the following guidelines: 1. We would convey ownership to the center of the lake. We would take back legally permissible easements that would afford us the right to maintain the pond as a part of our drainage retention system. We would negotiate an appropriate price keeping in mind that that price really is purely for achieving a public purpose. Attorney Kruppenbacher said he will return with documents executed by both owners, if agreements can be reached by all owners involved, at the next meeting. The discussion concluded with the feeling that the Homeowners should work it out and when they have a workable agreement come back to the City. Then Attorney Kruppenbacher will have to write the agreements so the City is protected. Clarification of Ordinance Sec. 44.85 etc.: Attorney Bishop representing Winter Springs Development Corporation spoke to the Commission to try to clear up an inconsistency or ambiguity in the Tuscawilla P.D.D. ordinance and the comprehensive zoning ordinance of the City of Winter Springs. Attorney Bishop said the Tuscawilla P.D.D. ordinance was enacted in 1971 and basically contains three types of residential zoning, single family of various densities, condominium at 12 units per acre and apartments at 15 per acre, and that has been the zoning premise that has been operated on in Tuscawilla since its inception in 1971. In 1976 the comprehensive zoning ordinance takes a somewhat different slant as far as descriptions of multi-family type of housing. While condominiums are described in the basic document itself when you get down to the authorized densities in the P.D.D. it speaks of patio homes at 7 units per acre and townhouses at 10 units per acre. There isn't a classification for condominium. Mr. Bishop explained that Winter Springs Development Corp. currently has under contract a piece of property that is within the Tuscawilla P.D.D. at 12 units per acre condominium and under a contract for sale for approximately $1,000,000. Winter Springs requested a zoning letter from the City affirming the fact that this particular piece of property is zoned condominium at 12 units per acre. At this point the inconsistency was dis- covered because in examining the plans you could either call it a townhouse type construction or some other type of construction so the City has taken a.. position that this is townhouse type of construction, therefore restricted to ten units per acre. Mr. Bishop explained that Winter Springs Development Corp. feels that the subsequent zoning ordinance describing townhouses at 10 units per acre has no effect on the Tuscawilla P.D.D. Ordinance which is the zoning ordinance which describes it as condominium at 12 units per acre. This project has been underway for 12 years and this is the assumption or the premise that everyone's been working on at that time and in order to get a necessary letter from the City in order to finalize their transaction, they need an interpretation of the number of units that this piece of property is zoned at. The City Planner explained that the P.D.D. ordinance describes different dwellings by type of construction rather than ownership and that is where the problem lies; it Regular Meeting, City Commission, Sept. 13, 1983 Page 5 82-83-27 . gives the definition of condominium based on ownership, and also defines townhouses, patio homes and garden apartments. The project as presented would come under the definition of townhouses (attached units side by side) and it eventually would be platted fee simple; therefore, would not be condominium. The chart allows patio homes 7, townhouses 10 and garden apartments 16. All other multi-family develop- ments in Tuscawilla conform to the chart. Discussion followed. Motion was made by Commissioner Hartman that we address this particular piece of property Mr. Ginsburg is buying. Call it whatever you may; that it be designated 12 units per acre and that addresses this particular piece of property only and that we further check into this and address the rest of the P.U.D. and our ordinance at a later date. Seconded by Commissioner Jacobs. Discussion. In discussion Commissioner Adkins said to make sure it is confined to the land Mr. Ginsburg is buying, that would be the balance of the land designated as Tuscany Place II and III. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Wander Lake: Attorney Kruppenbacher said that following the last City Commission Meeting, Attorney Lang and Manager Rozansky met with Mr. Jones wherein they discussed the conclusion of Wander Lake. They have reached agreement regarding dealing with the mountain that has been established. The City would have a right to put a park because it was previously reviewed by the Commission based upon a map and plan submitted by Mr. Jones. . Commissioner Adkins recommended the City pass an ordinance on the type of boats allowed on the lake. Attorney Kruppenbacher said the Staff will come back with a recommendation on the park and the use of the lake; the matter has been basically concluded subject to resolving Mr. Maiuri's situation. Manager Rozansky continued with his reports. He reported that he has received a request from Highland Village Unit I asking for permission to install temporary power transformer, and he is going to approve that. Manager Rozansky said he is going to enforce the letter in reference to sidewalks down Winter Springs Boulevard and down Tuscora; we are still waiting on the legal opinion on the Old Sanford-Oviedo Road; we have all the data for a copy machine; it will be discussed at the Workshop Meeting. Manager Rozansky asked for permission to create a line code in the Commission budget, transferring money from the Con- tingency fund to pay legal fees. The Commission was in agreement. Manager Rozansky said he would provide some new job descriptions at the Workshop Meeting. . Manager Rozansky said the appointment of the City Auditor is coming up. Mayor Torcaso appointed a committee of Commissioner Hartman, Commissioner Linville and Commissioner Jacobs to talk about the appointment of the City auditor at the next meeting. Commission Seat I - Jim Hartman: No report. Commission Seat II - Buck Adkins: Commissioner Adkins requested the City Manager to start the process with the City Attorney to get real estate appraisals on the property of Trotwood and Tuscora, and make an offer to the owner of that property and see if he accepts the appraised value of that property. If he does he will donate that to the City for a sidewalk leading . Regular Meeting, City Commission, Sept. 13, 1983 Page 6 82-83-27 from Tuscora to the new school. Commission Seat III - Inez Linville: No report. Commission Seat IV - William Jacobs: No report. Commission Seat V - Leanne Grove: Commissioner Grove talked about the street lights on Running Bear and Vista Willa. Commissioner Grove also reported that on the southeast corner of Pearl and Hayes Roads there is a big hole and also on the northeast corner of Pearl and Hayes the ground is sinking. Mayor's Office: No report. Meeting was adjourned at 9:50 p. m. Respectfully submitted, ~/.~. . Mary T. Norton, City Clerk Approved: ~ MAYOR . ---""i^-"-'7'."".~;....-.-._,:"'<T'-'''''--''- T'-~-~'7'-""',-4---:'''''C-:-:';:'---'::'0'T''!':':,~~~ii--~ , FORM 4 MEMORANDUM OF VOTING CONFLICT AGENCY is unit of: o STATE DCOUNTY COUNTY :>eN 5 DOTHER ~UNICIPALITY MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) 1 If you have voted in your official capacity upon any measure in which you had a personal. private. or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained. please disclose the nature of your interest below. Description of the personal. private. or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: F~the 1. Description of the matter upon which you voted in your official capacity: vb-re& TO /1-/ ~ Pc0 L,y-!- 1,1) 411o-rer<:- ~1Ae_ 1<7 801r-t' ~ ftt[)~711 s 2. lP6tv(CJ\J~{ ~ tV #/e /l ~e L~ IJ,;'u$ e .x te/oJtt- .6 t> I r;;J~ Fe DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: SIGNATURE 3. Person or principal to whom the special gain described above will . ,ti Yourself b.D Principal by whom you are retained: FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting. who shall incorporate the memorandum in the meeting minutes. This form nel'd not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict I of interest arises; if you vote. however. the conflict must be disclosed pursuant to the requirements described above. r. I I I NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1l2.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4. REV. 12-79 . .~., FORi'lf4 ~lEMORANDfJMl()FTVbTIj\JG CONFLICT OSTATE : LAST~ -.F.mST NAME - ~HDDLE NAME yO) ~ ~l PI/L) ~fil YJ ~,IAIJ-ING ADDRE~S tOob ~J/~?I, CITY ~ ~A.FA~~ QYM AGENCY is unit of: (g() DCOUNTY TITLE OF PER~O 1 ~r~iICIi'ALITY I ~ 7-'-- SPECIf'Y DOT HER ~~ : MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) J I ' I , If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to i your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest : below. 1. Description of the matter upon which you voted in your official capacity: ~7ef} -/0 /?/~0 4 ~.nc'~ TO /1./ 'vf /tV F! /714; feR. , (~ A p..J/.)/e I'l- d.k:.u ~e I~ &~lJ1l5tl/lr~ -rAt"1C';}1 &,<;"e &>~ ss '2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: ' e / kYo~ )C Hfl 601 Ge~ 3. ? Person or principal to whom the special gain described above will inure: 6111 "7 r Principal by whom )'OU are retained: ~?I -m 6l,v cr S~ ~ '}'S . (NAME) Yourself b.O SIGNATURE , #~~ ~-- DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEE!ING AT WHICH THE VOTE OCCURRED: f '. FILING INSTRUCTIONS . This memm'andum must be filed '.\'ithin fifteen (15) days follov,ing the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This fonn need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from 'ItOting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. ~:OTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317 (1979), A FAILURE TO MAKE A~Y REQUIRED DISCLOSURE CONSTITUTES (.nOUNDS FOR AND MAY BE PUNISHED BY O:-<E OR MORE OF TUE FOLLOWING: ThfPEACHMENT, REMOVAL OR SUSPENSION FROM OFFI.CE art E~IPLonfENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEEO $5,000. .- r-:-oaM4-RE-V--:-1-2-79