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HomeMy WebLinkAbout1991 04 08 City Commission Regular Minutes . . . 90-91-13 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS April 8, 1991 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Kulbes at 7:30 p. m. Roll Call: Mayor Philip A. Kulbes, present Deputy Mayor Paul P. Partyka, present City Manager Richard Rozansky, absent City Attorney Frank Kruppenbacher, present Also present: Attorney Tom Lang Commissioners: Cindy Kaehler, present Don Jonas, present John Langellotti, present Terri Donnelly, present Approval of minutes of Special Meeting, March 18th and Regular Meeting March 25, 1991: There were no additions or corrections, the minutes stand approved as presented. For the invocation Commissioner Kaehler asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Deputy Mayor Paul P. Partyka. Public Comment: Spencer Harris, Oak Forest, read a letter into the record and is attached to the minutes. General Agenda: Vote on motion for Ord. No. 501, vacating, abandoning and closing all that portion of road right-of-way, known as Orange Ave., lying south of and adjacent to Lot 9 and Lot 10 and north of Lot 11, Blk. B, D. R. Mitchell's Survey, etc.: Attorney Kruppenbacher read Ord. No. 501 by title only. Don LeBlanc, Land Development Coordinator, explained that at the last meeting the vote on the motion was two to one and therefore is being brought back to the Commission. The abandonment of these right-of-ways which are within the park property or adjacent is for safety reasons. Our objective is not to deny ingress/egress to the residents along Orange Avenue. Mr. LeBlanc said we are hoping once everything is done the residents will have a better road and a safer ingress/egress from the property other than Wagner's Curve. Mayor Kulbes recessed the Commission Meeting and opened the Public Hearing. Mr. James Ferguson, Fern Park, who owns property on Orange Avenue read a letter which is attached to the minutes. Chief Govoruhk explained the City and County are working together to see what the costs will be to fix Orange Ave., and how long it will take to fix it. Mr. LeBlanc also explained that a 35 foot right-of-way is being reserved on the east side of the park property. There was discussion of ingress and egress to the properties. Attorney Kruppenbacher recommended to table this matter with a request to the City Manager for a formal recommendation from Staff. Motion was made by Commissioner Kaehler to table until April 22, 1991. Seconded by Commissioner Donnelly. Vote on motion: no objections, motion carried. . . . Regular Meeting, City Commission, April 8, 1991 Page 2 90-91-13 Commissioner Kaehler asked what the cost will be for the 35 foot right of way, and she asked what Seminole County will do as far as the road upgrade and what Winter Springs will be required to do. And also what the timeframe will be for the 35 foot right of way. Auditor Selection: As the wrong evaluation sheets had been given out, the Commission decided to rate the firms 1, 2, 3, 4 and 5. Mayor Kulbes recessed the Commission Meeting in order for the Commissioners to rate the firms that submitted proposals. The Commissioners were given their forms back in order to make their selections. Mayor Kulbes then called the meeting back to order. Attorney Kruppenbacher read each Commissioner's selection as follows: Commissioner Kaehler selected Coopers & Lybrand as No.1; Commissioner Jonas selected Coopers & Lybrand as No.1; Commissioner Langellotti selected Coopers & Lybrand as No.1; Commissioner Donnelly selected Deloitte & Touche as No.1; and Commissioner Partyka selected Coopers & Lybrand as No.1. Motion was made by Commissioner Partyka that the City of Winter Springs appoints Coopers & Lybrand the City auditor for the 1990-91 audit. Seconded by Commissioner Langellotti. Discussion. Vote: all ayes; motion carried. Planning & Zoning Board Recommendations of March 13, 1991: Request of David Bergstresser to annex Lots 1, 2, and 3 (less road), Blk. B, Johnson's Poultry Farms, P.B. 6, Pg. 8-south side of S.R. 434 west of Winter Springs Elementary School. Request of Ned and Thelma Voska to annex Lots 4, 5 and 6, Blk. B, Johnson's Poultry Farms, PB 6, Pg. 8-south side of S.R. 434,west of Winter Springs Elementary School: The City Planner explained on the Bergstresser property is the Beverage Barn and the Batting Range and on the Voska property is a home, office and beauty salon and auto body shop. The only thing in operation that is not in line with C-l zoning is the auto body shop. There would be no problem with that as long as it stays in operation it would be a pre-existing use. This application is for annexation only. Assignment of land use and zoning is separate. Miss Koch explained these land uses are in line with what the City is showing on the proposed revised Land Use Map and they are in line with what we are proposing for that area. Motion was made by Commissioner Langellotti to annex these properties into the City of Winter Springs. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: all ayes; motion carried. Reconsideration of K. D. Edelen's request to park Recreational Vehicle at 307 Birch Terrace: Mr. and Mrs. Edelen were present and spoke to the Commission. Mrs. Edelen gave a history of their attempt to park their motor home. and of their neighbor's complaint. Mr. Edelen explained that he is requesting the Commission to reconsider the decision that was rendered last November. or give him a timeframe to enable him to bring his motor home to his home to perform maintenance and prepare for a trip. Discussion followed regarding the complaint that was made against Mr. Edelen. Motion was made by Commissioner his recreational vehicle at his Discussion. Vote on the motion: Kaehler to deny the request of Mr. Edelen to park residence. Seconded by Commissioner Langellotti. Commissioner Kaehler, aye; Commissioner Jonas, no; . Regular Meeting, City Commission, April 8, 1991 Page 3 90-91-13 Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Partyka, aye; motion carried. Motion was made by Commissioner Partyka that we allow Mr. Edelen a three day period based on his honor system to allow this motor home to get renovated for a trip on an exception basis. Seconded by Commissioner Jonas. Discussion. Attorney Kruppenbacher legally recommended against this motion. Motion was withdrawn by Commissioner Partyka. Attorney Kruppenbacher is to bring back to the Commission a report on motor homes for the next meeting. Report/Districting Map: Bill Jacobs, Chairman of the Districting Commission, said he was here on behalf of the Districting Commission to present the report of the Commission. He said the Commission worked very hard and held a public meeting and tried to best serve the ordinance and the directions from the City Commission. He read the population for each district as follows: District 1,4509; District 2, 4504; District 3, 4557; District 4,4584 and District 5,4479. The total population of the City of Winter Springs as of April 1991 was 22,632. He said the percent of difference from District to District is probably not even one percent. . Commissioner Kaehler asked for the actual numbers that were used that determined this map. Attorney Kruppenbacher said he will review the map from a legal standpoint and bring back a memo to the Commission what the steps are. Request of Southern Bell: Mrs.Patty Loy Bond representing Southern Bell, spoke to the Commission. Don LeBlanc, Land Development Coordinator, explained that it has been discovered that part of the right-of-way that will be needed for the entryway to Sunshine Park is owned by Southern Bell, so we are asking this to be a swap. Mrs.Loy Bond said she would bring this to the attention of Southern Bell. She explained this is a 20' x 20' easement in the south east corner of the park adjacent to Edgemon Avenue just south of the driveway entrance to the park. The easement will accommodate their electronic equipment which will improve and enhance the telephone service in the area. Motion was made by Commissioner Kaehler to approve the request of Southern Bell contingent upon their agreement for the swapping of other properties. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: all ayes, motion carried. Resolution No. 664, authorizing the City Manager to deem final the Preliminary Official Statement with respect to the City's Water and Sewer Refunding Revenue Bonds Series 1991, etc.: Motion was made by Commissioner Partyka to adopt Resolution No. 664. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: no objections; motion carried. . Attorney Lang discussed the issue of a Financial Advisor for the City. He said the City possibly needs a financial advisor to work with the City Manager on pricing issues. He said he thinks it would be advisable to have a third party who would be available to advise during the pricing process just on where the market is and . . . Regular Meeting, City Commission, April 8, 1991 Page 4 90-91-13 and whether or not a transaction is competitive and whether or not the fees we are paying to our professionals are within the range that would be considered reasonable for market conditions at that time. Attorney Lang said he didn't know that we need a full time financial advisor or a full service financial advisor. He said we could possibly negotiate with someone to provide the services that he just described and that would give us the protection we need. Attorney Lang suggested the Commissioners appoint a Commissioner to work with him to develop what it is the Commission would like to have their financial advisor do during pricing, and that he come back with a recommendation. Attorney Lang said we can probably find someone within the $5,000 range for that kind of a service on an issue by issue basis. Attorney Lang said he was asked if he could act as financial advisor and he said the problem is that one of the fees that has to be examined would be his, and that he would feel very uncomfortable evaluating his own fee. He said when you consider the fact on a $20 million dollar issue you are probably going to pay thirty or forty million dollars worth of interest over the life of the bond, $5,000 is probably a wise investment. Mr. Jacobs, S. Edgemon Ave., spoke in discussion and recommended Attorney Lang be the financial advisor. Motion was made by Commissioner Kaehler to place on the agenda the item of financial advisor. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: no objections, motion carried. Motion was made by Commissioner Langellotti that we name Commissioner Partyka to be the liason. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: all ayes; motion carried. Attorney Kruppenbacher said he would like the authority of the Commission to send a memo on the Sunshine Law to go to each member of the Commission and every member of every board of this City. There were no objections. Commission Seat III - John Langellotti: Commissioner Langellotti spoke about the Pension Plan. Commissioner Langellotti also spoke about a grant for the recreation center for our Super Park. Commission Seat IV - Terri Donnelly: No report. Commission Seat V - Paul P. Partyka: Commissioner Partyka asked Attorney Kruppenbacher about the issue of municipal service taxing units. He also said we are getting close to budget time and said the Commission should consider an assistant city manager. Commission Seat I - Cindy Kaehler: Commission Kaehler asked that for the next meeting the City Manager have a report on the merit system and suggestions on how he would like to be evaluated. . . . Regular Meeting, City Commission, April 8, 1991 Page 5 90-91-13 Commissioner Kaehler also reported that the Council of Local Governments appointed Paul Tremel, Commissioner from Lake Mary, to serve on the Expressway Authority. Commissioner Kaehler also asked if the response from Coopers & Lybrand could be made a part of the minutes of this meeting. (Their response to Mr. Jacobs letter). Commission Seat II - Don Jonas: Commissioner Jonas spoke about the need for the roof repair at the Civic Center. Mayor's Office: Mayor Kulbes called a Workshop Meeting for April 29th to discuss the Pension Plan. Mayor Kulbes commended Police Chief John Govoruhk for the good report from the Florida Department of Corrections. Mayor Kulbes also read the Proclamation proclaiming April 26, 1991 Arbor Day in Winter Springs. Meeting was adjourned 10:05 p.m. Respectfully submitted, ~t: Jt,d;;( Mary T. Norton, City Clerk YOR