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HomeMy WebLinkAbout1992 10 12 City Commission Regular Minutes . . . 92-93-1 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS OCTOBER 12, 1992 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 John Langellotti, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: John V. Torcaso, present Don Jonas, present Terri Donnelly, present Cindy Kaehler, present The Invocation was given by Commissioner Terri Donnelly. The Pledge of allegiance to the flag was led by City Attorney Frank Kruppenbacher. Approval of minutes of September 28, 1992: There were no additions or corrections; the minutes stand approved as presented. Public Comment: Jimmy GazIer, Stoner Road, spoke about the drainage and the poor condition of the roads and asked what the City is doing to correct the road conditions. James Dasher, Galloway Court, spoke on behalf of the citizens of the Highlands, thanked the Public Works Department for cleaning up the area on Shepard Road. Scot Wasmund, Orange Ave., spoke about the poor condition of Orange Ave. and Brantley Avenue. Attorney Kruppenbacher was asked to look into the inter local agreement with Seminole County regarding the maintenance of the roads in that area to see if that could be rescinded. General Agenda Ordinance No. 531, An Ordinance setting forth the procedures for the determination of vested rights; providing for an application form, etc. TABLED 9/28/92: Attorney Kruppenbacher read Ordinance No. 531 by title only. Motion was made by Commissioner Kaehler to table this matter until October 26, 1992. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Appointment to Code Enforcement Board: appointment will be made at the next meeting. City Manager Rozansky: Promotional Committee for Sports: Motion was made by Commissioner Torcaso that Commissioner Kaehler be in charge of the sporting commission. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. . Regular Meeting, City Commission, Oct. 12, 1992 Page 2 92-93-1 Resolution No. 693 providing for 1% Franchise Fee with Bellsouth Telecommunications Inc.,etc.: Attorney Kruppenbacher read Resolution No. 693 by title only. Motion was made by Commissioner Kaehler to adopt Resolution No. 693. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Engineering Services-Amendment 17 and Amendment 3 to the 10/14/91 Agreement: Manager Rozansky explained Amend. 17 is for the high service pump and electrical improvements at the Tuscawilla Water Treatment Plant, between the City and Conklin, Porter & Holmes. The cost is not to exceed $17,500, and it is for the plans and specifications of the high service pump and electrical improvements at the Tuscawilla Water Treatment Plant. Amendment 3 is for basic services of the engineer for Contract B for the Wastewater Treatment Plant improvements. The total of this contract is not to exceed $20,900. Manager Rozansky recommended approval upon the attorney's review and approval. Motion was made by Commissioner Torcaso to approve Amendments 17 and 3 with the cost not to exceed $17,500 and $20,900. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. . WSWS East Percolation Ponds/a. Removal of Drums/Settlement: Motion was made by Commissioner Kaehler authorizing the City Manager and City Attorney to take those steps necessary to complete a settlement of $60,000 with the seller of the Utility as it relates to the issue of the removal of drums and to take such other steps which are necessary with the seller to protect the City from any other issues. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Land Development Regulations/a. Progress Report: Greg Kern, City Planner, said he provided the Commission with a proposed contract for Tasks 3, 4 and 5 for Henigar & Ray. Task 3 is for them to prepare a draft Land Development Code for submission to DCA pursuant to our grant to get our grant monies and that is due November 1. Henigar & Ray feel they should have no problem meeting that deadline and putting together a draft. Mr. Kern said he also provided the Commission with a letter regarding his discussion with Bob Collins, contract manager of the Bureau of Local Planning Grants and Publication Section. Mr. Kern explained to him what we were proposing to send up to DCA. Mr. Collins indicated DCA has accepted in the past first drafts of land develop- ment code if they hit all the necessary points. Mr. Kern said we are looking with Task 3 to get our grant money. What we are doing with Task 4 is that extra amount of work to get the draft into a final form. Task 5 is the real nuts and bolts of the detailed LDR development process taking that final draft from Task 4 and narrowing in all the necessary provisions that we have to put in to implement our Comprehensive Plan. . . Regular Meeting, City Commission, Oct. 12, 1992 Page 3 92-93-1 Mr. Kern explained the City would like tonight some guidance with proceeding with Task 3. Discussion followed on doing this in house. Attorney Kruppenbacher recommended this issue be tabled so he can look at the issue. Reports: Manager Rozansky spoke about the sample bill we want to use. Kip Lockcuff, Utility Director, explained currently we spend about two and a half cents per bill. With the new system we have two envelopes which will cost about three cents, the bill itself will cost about two cents, so the printing costs will be doubled. Postage will go up about five cents, but they are proposing to eliminate the second bill for delinquents, so that would make up the difference. Manager Rozansky said he is going to ask for a Workshop on the rates. Mr. Lockcuff said with the new enhanced billing system we can go to zip plus 4. For the two utilities the printing costs will be approximately $2,000, and the new system will cost $14,000. Motion was made by Commissioner Donnelly to put the water billing system on the agenda. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. . Motion was made by Commissioner Torcaso that we approve System 1 as presented by Staff. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Manager Rozansky spoke about the letter he received from Mr. McIntosh regrding the Eagle Ridge project. Mr. McIntosh has asked two questions; one is to confirm that the current construction permits will remain active for at least four more years during which time the site construction will be completed and he asked about estab- lishing vesting of 399 single family units from concurrency and consistency. Manager Rozansky read his letter to Mr. McIntosh as follows: I am in receipt of your letters dated September 22, 1992 and October 8, 1992, the subject of which we discussed with staff members at our October 7, 1992. meeting. As I understand it your concern is twofold. First, you want assurance from the City that the construction schedule you presented to the Commission along with your final engineering at the December 10, 1990 meeting at which time your final engineering was approved will remain active for at least four (4) years, and second, you wanted to establish the vesting of some 399 single family units from concurrency and con- sistency for a period of time to complete project construction. . It is the City's position that the City Commission at their December 10, 1990 meeting did infact approve your schedule of development as presented to them (see attached minutes) for Eagle Ridge. Consequently you may continue with the project pursuant to the above referenced approval. However, I cannot state that the project is currently vested because we have not as yet adopted the vested rights ordinance. When the vested rights ordinance is adopted, all developers pulling permits for plans approved prior to April 27, 1992 (or who meet the other vested provisions for pre- sumption or common law rights) will have to apply for a Vested Rights Special Use Permit. We intend to be consistent in administrating this process. . . . Regular Meeting, City Commission, Oct. 12, 1992 Page 4 92-93-1 I trust this letter clearly and accurately states the position of the City regarding the Eagle Ridge development. Should you have additional questions please feel free to contact me. Sincerely, Richard Rozansky, City Manager. Commission Seat IV - Terri Donnelly: No report. Commission Seat V - Cindy Kaehler: Commissioner Kaehler reported that the Council of Local Governments in Seminole County have recommended Mayor Bettye Smith of Sanford be reappointed to the Expressway Authority and have recommended Commissioner Kaehler be appointed. The City will be receiving a letter to that effect. Commissioner Kaehler also reported the Winter Springs Civic Association and the Winter Springs Playground Committee will be having a Roaring Twenties evening of dinner and dancing on Nov. 14, 1992. Commission Seat I - John V. Torcaso: Commissioner Torcaso asked the Attorney if the Commission could raise the contribution to the employees' pension fund from 4% to 6%. Commission Seat II - Don Jonas: Commissioner Jonas asked the status of the street lighting and has the Attorney General been contacted. He also asked the status of the Shepard Road Development. The Land Development Coordinator explained the project will go before the Planning & Zoning Board on Oct. 21 and then will come to the Commission the first meeting in November. Motion was made to reappoint Gene Jones to the Commerce & Industry Board by Commissioner Kaehler. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Commissioner Jonas asked for a report from the Recreation Department as to when officially activity will take place. Commission Seat III - John Langellotti: Commissioner Langellotti asked about the survey that is to go out to the Tuscawilla residents. Attorney Kruppenbacher said he received a letter from Mr. Rosen on behalf of Sullivan Properties asking the Commission to place on its next agenda for reconsideration an application to build a borrow pit. Attorney Kruppenbacher said he and the City Manager have received the garbage documents from IWS and there are some issues with the documents. Attorney Kruppenbacher reported that Mr. Lentz called him and advised him he did not feel qualified to perform the services that he envisioned performing to the Board. Attorney Kruppenbacher recommended going out for bid for a consultant for the pension board. . . . Regualr Meeting, City Commission, Oct. 12, 1992 Page 5 92-93-1 Mayor's office: Mayor Kulbes reported the Art Festival and the opening of the park have been scheduled for Dec. 5, 1992. He said last week we had a rather slight scare as to whether or not we would be able to have the opening because DOT took the position unless the railroad crossing was completed they would not authorize the use of the park. So the City Engineer and Land Development Coordinator contacted the railroad people, and tomorrow morning according to the promise of CSX they will have a labor crew at the site putting in the railroad crossing. John Ferring, Chairman of the Board of Trustees, spoke about the problems with the Pension Fund. Discussion followed. Motion was made by Commissioner Torcaso to put it on the Agenda to see if the Commission will go along for the Pension Board to hire a consultant to help them finalize the Pension Plan. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Motion was made by Commissioner Torcaso to authorize the employment of a financial advisor to assist the Pension Board in deliberating with Mr. Ferring, Mr. Lang and Mr. Rozansky to go interview and identify the appropriate consultant. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; motion carried. Meeting was adjourned 9:45 p. m. Respectfully submitted, ~,~ City Clerk ed'l .U ~~ ,MAYOR