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HomeMy WebLinkAbout1991 04 22 City Commission Regular Minutes . 90-91-14 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS APRIL 22, 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, present City Attorney Frank Kruppenbacher, present Also present Attorney Tom Lang Commissioners: Cindy Kaehler, present Don Jonas, present John Langellotti, present Terri Donnelly, present For the invocation Commissioner Jonas asked for a moment of silent prayer. The pledge of allegiance to the flag was led by City Attorney Frank Kruppenbacher. Approval of minutes of April 8, 1991: Commissioner Kaehler asked that the letter from Coopers & Lybrand be attached to the minutes. Minutes stand approved as submitted. Public Comment: Matt Schuman, Orlando, Florida, invited Mayor, Commissioners and all interested persons to the dedication of the Winter Springs Community Bulletin Board which will take place at Barson's Shareware in the Winter Springs Centre on S. R. 434 on May 1, 1991 at 2:30 p. m. . General Agenda: Seminole County Transportation Plan Interlocal Agreement-(Local Option Infrastructure Sales Tax Referendum): Ms. Frances Chandler, Planner with Seminole County, Robert McMillan, County Attorney and Anthony VanDerworp, County Planning Director, were present to speak to the Commission regarding the interlocal agreement. Mr. VanDerworp explained that the need for transpor- tation improvements has been long known in Seminole County. He said the funding needs were realized when the Comprehensive Plan was put together. The County Commissioners recognized during the development of their Comprehensive Plan that a sales tax is an equitable way to fund roads and decided to place it on the ballot in referendum. In the packet of information supplied to the City Commissioners is the list of projects that would be done should the voters pass the sales tax. If the City adopts the inter- local agreement, it would allow the funds collected to go towards the project list in the packet, which includes the County collector and arterial roads and the City project list. He mentioned the roads listed for Winter Springs: Tuscawilla Road would go from two to four lanes, east Lake to Winter Springs Boulevard in the 1996 timeframe. Tuscawilla Road from Winter Springs Boulevard to S. R. 434, to four lanes after 1996; Seminola and Lake Drive from Seminola to Tuscawilla two to four lanes by the 1996 timeframe; two to four lanes North Moss Road in the 1996 timeframe and four lane the Tuscawilla bypass within the 1996 timeframe. . Another question asked by the cities is what the City's share of the tax would be if they do not sign the interlocal agreement and rely upon Revenue Sharing from the Department of Revenue. According to the Department of Revenue's formula, the City's share of funds would be 5.8% of the receipts. When you look at benefits in terms of lane miles of roads and from the total new dollars you see the City's benefit is approximately 7.1% . . . Regular Meeting, City Commission, April 22, 1991 Page 2 90-91-14 based upon the road miles and about 6.2% based upon total new dollars. Another question asked is what is the timing of the project. Mr. VanDerworp explained in the project list are two timeframes, 1991-96 and again 1996. The timing of those projects, in addition to what is shown on that list, would be what is shown on the individual City and County Comprehensive Plans. Attorney McMillan explained the statute provides that the interlocal agreement goes into effect if cities representing 50% of the incorporated population sign it. If cities representing 50% of the incorporated population sign it, whether the City of Winter Springs signs it or not, it is in effect. If not sufficient numbers of cities sign it, then the interlocal agreement is not in effect, and the program would have to be redefined. Commissioner Partyka asked if this goes to referendum and the people do not vote for it then what happens. Mr. VanDerworp explained the Board of County Commissioners would then have to look at other sources of revenues, one of which is property taxes. Mayor Kulbes asked the time limit on the tax and it is 10 years. Motion was made by Commissioner Partyka that the City of Winter Springs approve the Seminole County Transportation Plan Interlocal Agreement for a ten year period. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; motion carried. Ordinance No. 501, vacating, abandoning and closing all that portion of road right-of- way known as Orange Ave., etc. - Tabled April 8, 1991: Commissioner Jonas explained the problem regarding Orange Avenue was whether or not the people would have ingress/egress. After discussion with Commissioner Sturm, the City in conjunction with Seminole County will make Orange Avenue a passable road in order for the residents to exit to Brantley and then to SR 434. Motion was made by Commissioner Partyka to approve Ord. No. 501. Seconded by Commissioner Jonas. Discussion. City Manager Rozansky explained the City would work with the County to improve the portion of Orange Avenue that is presently impassable. The County would supply engineering, manpower, engineering equipment and we would supply the base material for the road. Mr. Lee Sanders owner of two parcels, Lot 6 and Lot 14, spoke regarding access. Mr. John Ferring, Baltic Lane, spoke in reference to the interlocal agreement between the City and the County. Later Mayor Kulbes told Mr. Ferring he was out of order for not having been recognized. Mayor Kulbes asked the Police Chief to escort Mr. Ferring, and Mr. Ferring exited at that time. Jamie Lear, spoke in reference to Clifton Springs Road and the condition of Orange Avenue. Commissioner Kaehler asked if these people have ever thought about annexing into the City. City Manager Rozansky said he would be more than happy to talk to the people about annexing into the City of Winter Springs. . Regular Meeting, City Commission, April 22, 1991 Page 3 90-91-14 Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. First Reading of Ord. No. 502, annexing Lots 1, 2 and 3 (less road) Blk. B, Johnson's Poultry Farms, etc. and First Reading of Ord. No. 503, annexing Lots 4, 5 and 6, Blk. B, Johnson's Poultry Farms, etc.: Attorney Kruppenbacher read Ord. No. 502 and Ord. No. 503 by title only on first reading. Districting-Report from City Attorney: Attorney Kruppenbacher explained this Commission now has 120 days before the next election to approve an ordinance adopting the Districting Plan. If the Commission fails to approve the ordinance adopting the districting plan, the recommendations of the Districting Commission become operative as if they are an ordinance. This Commission has limited reasons to reject the recommendations of the Districting Commission. Attorney Kruppenbacher said he is preparing the ordinance to bring to the Commission at the next meeting to start the process. Commission endorsement of Council of Local Governments selection of Paul Tremel to Seminole County Expressway Authority: Motion was made by Commissioner Kaehler for the endorsement of Paul Tremel to the Seminole County Expressway Authority. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; motion carried. . F. A. Recommendation: Commissioner Partyka explained that he and Attorney Tom Lang interviewed four different people and they decided to pick Mr. Jim Lentz as the Financial Advisor for the City of Winter Springs. Mr. Jim Lentz introduced himself to the Commission. Motion was made by Commissioner Partyka that we approve Jim Lentz as our Financial Advisor for the City subject to negotiating an agreement with him that you would recommend that the City hire Jim Lentz as their Financial Advisor. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Donnelly, no; Commissioner partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Motion was made by Commissioner Partyka authorizing the creation of a Finance Committee with the Financial Consultant, a member of the Commission to be designated by the Mayor, the City Manager, City Attorney and Finance Director. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. City Manager Richard Rozansky: Merit System: Manager Rozansky explained he gave the Commission a draft of a recommended merit system that is a system from portions of three other systems. He asked the Commission to review it and give him their comments and possibly hold a Workshop to discuss it. He said we will have to amend our Personnel Policy and there are some other major changes the Attorney will have to review. . . . . . Regular Meeting, City Commission, April 22, 1991 Page 4 90-91-14 It was decided to have a Workshop to discuss the Merit System and the Evaluation. FDOT Right of Way acquisition (SR 434 adjacent City Hall property): Leonard Kozlov, City Engineer, explained the Dept. of Transportation is going to take 50 feet from the edge of our property back. We are going to lose the entranceway, two stormwater inlets, the water meter box which can be reduced in size which has to be moved forward out of the right-of-way. We will have to have our sign moved back and they are going to have to redo the turning radiuses and the southwest corner has to be reworked. They are going to make a four lane highway with urban design and they are going to leave a center section for future expansion to make the road six lanes. Construction will start 1995-1996 and will be financed 100% by the Department of Transportation. The consulting firm for this project is Transportation Consulting Group in Winter Park and the engineer is Bill Anderson and project engineer is Roy Brendt. Commissioner Kaehler asked if we could negotiate for some king of signalization. Attorney Kruppenbacher recommended we put all our concerns in writing to the Depart- ment of Transportation as soon as possible. Manager Rozansky said the monthly reports have been distributed. Manager Rozansky said we have been having a little problem with the traffic coming over the sidewalk at the Trotwood Park. He said he is having a survey of the entire park done and we will be putting effluent on the park. Mr. Artman has been in contact with Florida Power Corporation and he has made arrangements with them to obtain tele- phone poles to put all the way down Trotwood Boulevard to Northern Way. Manager Rozansky said the survey will cost about $1,000 dollars. Manager Rozansky then gave a short update on the drums. He said he has received a report from Laidlaw. We have a consultant, site engineer, and environmental engineer that is going to take care of the site. He said that probably the majority of the liquid material could be disposed of as oil waste to an oil waste recycler. Manager Rozansky said we are contracting with a firm to come in and reduce the amount of the drums. Then they will clean up the drums, empty the smudge pots and clean them up and get them hauled away. We are going to move the drums pending the disposal site. In the meantime it will be determined how much soil we are going to have to move. After the problem is taken care of we will sit down with the Attorneys to find out who is responsible for what. On the City Hall roof, the original roofing contractor has been working with our Public Works Director and they have taken care of the major problems. They are giving us a base material. They will supervise and we will apply it. Then a final coat will be applied. Commission Seat IV - Terry Donnelly: Commissioner Donnelly said approximately $3,500 was collected to day for the RUOK program. Commissioner Donnelly passed out an evaluation sheet from another City which she felt was a little more comprehensive. . . . Regular Meeting, City Commission, April 22, 1991 Page 5 90-91-14 Commission Seat V - Paul P. Partyka: No report. Commission Seat I - Cindy Kaehler: Commissioner Kaehler spoke about IWS. She has been getting complaints that they are not picking up the recycling. They also missed picking up her garbage. She asked if anyone else was getting billed monthly. Commissioner Kaehler spoke about the people on Orange Avenue and said they really do want to annex into the City. Manager Rozansky said he would write them a letter and invite them to come into the City. Commissioner Kaehler spoke about the incident during the continued public hearing with Mr. Ferring. She felt the Mayor overreacted and cautioned him against that. She also asked that in the future motions be voted on by roll call vote. Commission Seat II - Don Jonas: Commissioner Jonas spoke about the people on Orange Avenue annexing into the City. Commissioner Jonas asked that the Staff do everything possible to make sure the Commission is well prepared for the issues that come before them. Commissioner Jonas thanked everyone for their involvement in the RUOK program and the golf tournament that was held today. He said he hopes to have the program in progress within the next couple weeks. It will be called Citizen Alert because the RUOK program was copyrighted and the cost was $9,000 dollars to put the program in operation, and the Citizen Alert program will cost $5,000 dollars. Commission Seat III - John Langellotti: Commissioner Langellotti asked if we could look into getting a newsletter out to the residents. Commissioner Langellotti also asked if we could do away with this inter- local agreement with the County regarding roads. Attorney Kruppenbacher said to put the interlocal agreement on the next Agenda. Mayor's Office: Motion was made by Commissioner Langellotti that we have Commissioner Partyka be the Chairman of this Financial Committee. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; motion carried. Mayor Kulbes spoke about the letter he received from the Department of Community Affairs that pursuant to Rule 9J12 the City of Winter Springs was scheduled to submit a Comprehensive Plan to the Department of Community Affairs by April 1, and as of this date, they had not received the Plan from our City. Attorney Kruppenbacher explained that on April 11 a memo was faxed to the City Manager's attention that followed up on their initial review of the Plan. Mr. Kruppenbacher said their initial review of the Comprehensive Plan that they did following the last meeting between April 1, which was about a four day period was that: 1. what was . . . Regular Meeting, City Commission, April 22, 1991 Page 6 90-91-14 submitted to him did not contain three elements that had to be contained per Rule 9J5 in the Comprehensive Plan law. 2, there were certain inconsistencies that were identified. He said if you submit a plan and it does not have all the elements, they do not accept it, they mail it back and say you have not submitted one. Attorney Kruppenbacher identified the three elements as not being given to him following the meeting were the Capital Improvements Element, the Future Land Use Map or map series and the future traffic circulation map. He said they were received somewhere around the 9th, 10th or 11th of the month delivered to him. Attorney Kruppenbacher said he now has all the elements and a meeting has been scheduled with the Planner for this week to review "our" review. He said he also reaffirmed his recommendation to Dick that we employ a consultant planner to assist the Planner in getting this done. He said this is a monumental project that is complex in nature, and that we commence advertising the final plan on May 30th for final approval at a City Hearing on June 8th. Attorney Kruppenbacher said we need to make some modifications to the Plan, bring it back for approval, then we will send it off. A developer called Attorney Kruppenbacher and said they do not like some elements in this Plan; they went to look at it and it is not there, and it is not ready. And they said in two years when the City attempts to do something that they do not like under the Plan, they will challenge it on the grounds it is illegal because it was not passed right. And if you wait two years and it is challenged as not having been passed right, they can retroactively take away all of the funding because you misrepresented. Commissioner Langellotti asked "this Attorney that we hired, should he not at that point said, wait a minute we can not do this; you have a legal matter here." Mayor Kulbes said he would like the City Manager, the City Attorney, the City Planner and the Land Development Coordinator to get together and give this top priority. Mayor Kulbes reported that Florida Power Corporation will hold a Workshop at Seminole Community College on April 30th to talk about a transmission line of 230 KV. It is going to go in a triangular shape from Volusia County to Winter Springs to DeBary and Sorrento. Mayor Kulbes also reported the School Board has requested a representative to attend a Work Session on Tuesday, April 30th at 3:30 p.m. to discuss the addition of an educational component to the Comprehensive Plan. Mayor Kulbes reported that Friday, April 26th at 1:30 p.m. there will be an Arbor Day celebration at City Hall. Mr. Artman will be distributing 1,000 trees to interested citizens or homeowners associations. Meeting was adjourned 10:30 p.m. Respectfully submitted, ~/.~ Mary T. Norton, City Clerk ,('------ ,MAYOR PH