HomeMy WebLinkAbout1993 05 10 City Commission Regular Minutes
92-93-18
e
REGULAR MEETiNG
CiTY COM"'liSSION
Ci.TY OF WINTER SPRINGS
May 10, 1993
The Regular meeting of the City Commission of the City of winter Springs,
Florida, was called to order by Deputy Mayor john V. Torcaso at 7:30 P.M.
ROil Call:
Mayor Philip A. Kulbes, absent
Deputy Mayor john V. Torcaso, present
City Manager john Govoruhk, present
City Attorney Frank Kruppenbacher, present
Attorney Keith Bricklemeyer, oresent
Commissioners:
Don jonas, present
john Lange llott i, present
Terri Donnelly, present
Cindy Kaehler, present
For the invocation City Manager john Govoruhk asked for a moment of silent
prayer. The pledge of allegiance to the flag was led by Commissioner Cindy
Kaehler.
.
Approval of minutes of Regular Meeting of April 26th and Special Meeting of
April 27th: Commissioner Langellotti moved to approve the minutes of the
regular meeting of April 26th and Special Meeting of April 27th. Seconded
by Commissioner Kaehler. Vote: All aye. Motion carried.
Public Carment:
john Morgan, Troon Trace sooke about the oroblem with the wall constructed
at Chestnut Ridge and requested that the sections or wall that are at a
height or 9ft. be taken down to no higher than 6ft. Morgan gave the
Commission a sketch of the grade or the wail and pictures or the wall.
Paul Partyka, Os we go Court; Tom Brown. Adidas Court; and Richard Coniff,
Royal Oak Drive, spoke on behalf of the Tuscawilla Homeowners Association
Board or Directors and Members of the Association, apologized for a
misunderstanding or an article that appeared in the Tuscawilla Homeowners
Newsletter. They asked the Commission to re-evaluate their voting on the
maintenance district and asked if that issue can go back on the agenda.
Commissioner Kaehler stated that she does not have a problem looking at the
issue again; she also said that she has been talking to the City Manager
about the maintenance issue not only in Tuscawilla but other areas of the
City. Commissioner Kaehler said she doesn't know if it is appropriate at
this time, this is an issue that needs to be exolored and stated that she
doesn't have a problem with doing that at some point in the future; this
needs to be looked at more reasonably this time. Discussion. The
Commission was in consensus on having a workshop in the future on this
subject.
.
john Ferring, Benitawood Court, asked the City Attorney about the legality
of assessing private property and the enforcement or payment. Attorney
Kruppenbacher stated that we have an Attorney General oplnlon on the issue
of private prooerty which said "no" directed back to me, that opinion holds
no greater weight or less weight than any other lawyer, it is a lawyer
giving an ooinion on a stand, it is not binding. Subsequent to that ooinion
there was a decision rendered by the court or apoeals in South Florida
involving a Boca Raton assessment; if you read through an analyze that
decision you can draw a conclusion that you can use certain assessment
Regular Meeting, City Commission, May 10, 1993 Page 2
.
processes where you determine there was a public benefit for private
property. Attorney Kruppenbacher said that he has stated that repeatedly to
the Commission and the Commission needs to decide their policy. Once you
decide what your POllCY is, out of caution, we would write that policy out
and have everything prepared in the documents and send that out to the
Attorney General with our logic and reasoning as to how we think Boca Raton
would apply and see if they take issue with that logical reason.
Ferring stated that he is willing to take $100.00-$300.00 out of his pocket
to keep Tuscawilla looking as good as can be done.
Resolution No. 708, declaring its intent to incur debt in the maximum
principal amount of $400,000 as temporary financing for the purchase of land
for the City providing for the intent to reimburse from the proceeds of the
sa l~~f bOO.Q~~nd..J2ro\~..-td i ng an eft ect iyeA9te~ ________________________ _____
Motion was made by Commissioner Jonas to read Resolution No. 708 by title
only. Seconded by Commissioner Langellotti. Vote: Donnelly: nay; Kaehler:
aye; Langellotti: aye; Jonas: aye. Motion carried.
Attorney Kruppenbacher read Resolution No. 708 by title only. Discussion.
.
Motion was made by Commissioner Kaehler to adopt Resolution 708. Seconded
by Commissioner Jonas. Vote: Kaehler: aye; Jonas: aye; Langellotti: aye;
Donnelly: nay. Motion carried.
Proposed .I morovement Refund i n..9 Revenue Bonds, Ser i es . 1989 -=--_Uodate =-____
Jim Lentz and Mike Stewart, of Capital Market Consultants, Inc., were
oresent to explain the refunding to the Commiss-ion.
Lentz reviewed updated numbers on the proposed refunding and possibly new
money. He stated on straight refunding the total savings has now increased
from $300,000 to $400,000, which represents what we have been trying to
target here, at least 5% present value. It seems to us that the scooe of
the market looks fairly friendly now, we feel that the lower interest rate
environnent could be a phenomenon that in 6 months we could look back and
regret. We have been recommending to our clients that have been waiting to
consider getting into the market now to lock in the savings and interest
rate. The long term bond today is around 5 5/8th percent, that is at 22 and
23 year lows and again if you just did the straight refunding we think you
should authorize us to oroceed with that and in addition we sent some
schedules regarding the possible issuance of the 2 1/2 million dollars of
the police complex, the acquisition of the land, as well as the fire station
and site infrastructure; that is a decision that the Commission needs to
give us some direction on. If the Commission felt comfortable with the
complex and with the interest rates, we would recommend you take advantage
with the numbers at this point.
.
Lentz stated that the numbers that we gave you earlier showing refunding
plus 2 1/2 million dollars on this schedule, we are happy to say that we
leveled that out now so instead of your debt increasing in 1994 from 798,000
to 975,000; giving the new level of interest rates we are closer to 933.000
on an annual basis. Instead of a $175,000 increase we are looking at about
Regular Meeting, City Commission, May 10, 1993 Page 3
.
a $130,000 increase per year in debt service. This is where we are at, if
the Commission decides to move forward, we ask that we be authorized to work
with your City Manager, Finance Director and possibly a member of the
Commission to go ahead as early as next week price a bond issue and sell it
based upon achieving at least a 5% present value savings and possibly ask
the Commission to reconvene for a special meeting to award the bonds. I
also would like to say that with our dealings with the insurance company
they have agreed to insure not only the refunding but also the additional 2
1/2 m-j 11 ion dollars out to the year 2018.
Lentz said he would like the Commission to give him some sort of direction.
Discussion. It was the consensus of the Commission to go ahead
with the refunding and the 2 1/2 million dollars of new money to the year
2018.
i"'lOtion was
work with
consultants
aye. Motion
made by COImlissioner Langellotti to have Corrrnissioner Kaehler
the City Manager and Finance Director and the financial
to work through the bond issue. Seconded by Jonas. Vote: All
carried.
.
Shepard Road Des i.9.Q.~________________________________________
This item was tabled.
Deersong 2 - Acceptance of Inlprovements:
Donald LeBlanc, Land Development Coordinator, stated that the City Engineer
has found this to be satisfactory and the Fire Chief has found this to be
satisfactory. There were traffic regulatory signs that were not put up, but
the developer has paid the Public Works Dept. for the signs and the signs
should be up Wednesday of this week. LeBlanc also stated that he has a
check for $7,747.00 for the maintenance bond which will be put in an escrow
account, awaiting approval from the Commission. The streets are private and
the maintenance bond is for water and sewer. Discussion.
Motion was rnade by Commissioner Kaehler to approve the acceptance of
improvements of Deersong 2. Seconded by Commissioner Donnelly. Vote: All
aye. Motion carried.
Approval of Florida Country Clubs (Tuscawilla) Settlement Agreement:
Greg Kern, City Planner, gave his presentation. He reviewed with the
Cor1TIlission the conceptual plan for the eight different parcels. Kern stated
that there has been a reduction in density to 69 dwelling units on 61 acres.
The total density of the project is 1.13 dwelling units per acre.,
substantially less than was previously planned.
.
Kern explained that parcel number 8 on the exhibit includes the boundaries
by the 9th hole, 1st hole and the driving range, that is somewhat of a
misrepresentation, homes are not going on the 9th hole, the 1st hole and the
driving range. The legal descriptions that you do have covers 35 acres of
parcel 8 does exclude the 9th hole, the 1st hole and the driving range.
Regular Meeting City Carmission May 10, 1993 Page 4
.
Kern stated that he wanted to point that out because the 1993 proposed plan
gives you an idea that these areas are included in parcel 8, they are not,
they are not par't of the deve lopment .
Kern then stated that he researched this from the original plan as of 1971,
where we went with the 1990 settlement agreement, which dealt with par'cels
14-C, 15, 61, 80 and the Lake Jesup parcel and what the proposed agreement
is before us today. He said single family homes under the original
annexation comprised 57% of the total acreage; after the 1990 settlement
agreement that increased to a llmst 64% and the proposed agreement -j ncreases
it further to 65 1/2% in a similar manner; multi-family, condo's, patio
homes reduced from 12.4% of the original annexation down to 6.6% of the
total acreage. Under the 1971 annexation, 40% for dwelling units; after the
agreement 45.1% and now with the new proposal it is 46.2% and the same
result reduction with the multi-family, 52% down to 36% down to 35%. What
we see throughout the history of this area is a reduction in the density.
The agreement in 1990 reduced the density and again the proposed agreement
reduces the density.
Kern went over each parcel and explained the acreage and number of lots.
.
Jim Mikes, president of Florida Country Clubs Inc., reviewed the conceptual
plans with the Carmission. The first parcel is at the 8th tee, parcels 1
and 2 are actually the same parcel, there are 8 lots on 5+ acres,
approximately 2/3 to 3/4 of an acre per lot. Parcel #3 is at the 5th green
and 6th tee on the creek, it is 1.9 acres and has one lot. Parcel #4 is at
the 4th tee, 7 lots on a total of 4.1 acres, these lots average 2/3 of an
acre. Parcel #'s 5 and 6, contiguous parcels, on Northern Way at the 14th
green, 7 lots on a total of about 4.5 acres. Parcel #7 is across fran the
Tennis Villas, 8 lots on 10.3 acres; we would be removing two tennis courts
and rebuilding the two courts basically in the present location of the
existing tennis pro shop and rebuilding the tennis pro shop as the agreement
discusses. Ther'e are thr'ee lots on the go 1 f course at approx imate I y 1+
acres each, two lots on the creek at approximately 1 1/3 acres each and
three lots on Winter Springs Boulevard at approximately 1 acre each. it
will have an electric gate with a 6ft brick wall on Winter Springs
Boulevard. The old cart barn would be taken down. The last parcel #8 is at
the entrance of the golf club house adjacent to the Hooker property adjacent
to the n-inth hole, we would put a total of thirty eight lots wrapping around
the ninth hole, we will flip-flop the driving range and the first hole and
create these lots basically in the tree line and along the power line.
Turning around and coming up the creek line, we will construct two retention
ponds. The 1 ocat ions of the go 1 f ho 1 es wi 11 -i n many cases stay a llmst the
s~ne, the ninth hole will have the cart path switched around to the opposite
side of the hole, the green wi 11 be en 1 at'ged and moved back about 25 yards
and moved somewhat forward 10 yards and moved to the left about 25 yards
adjacent to the property line. The first tee will be moved from its present
location to the west approximately 150 feet. The driving range will be moved
to a location adjacent to the 18th, and basically be the fairway of the
existing first hole. By doing these two improvements we will be adding
about 75 yar'ds to the two holes. The greens wi 11 be rebui lt, and the golf
.
course will never be out of play.
Regular i'1eeting City Connl1ssion j'1ay 10, 1993
Page 5
.
Mikes stated that the entrance way to parcel 8 will be a joint entrance to
the go 1f club.
Attorney KI~uppenbacher stated that he recorrmends approva 1 from a 1 ega 1 stand
point, your staff has reviewed it and they recorrmend approval. The document
conforms and reflects the settlel~nt we reached subject to future
developnlent of the property to all applicable code processes the City has.
Corrmissioner Kaehler asked how does this work with concurrency does this
have to go through the process or 1S it a grandfathered project.
.
Attorney Br ick 1 elleyer stated that what we tr i ed to accanp 1 ish with the
agreement is envisioned in the vested rights ordinances, we added a
prov i s i on that allows a court order to estab 1 ish vested r -j ghts .
Bricklemeyer said that Kern reviewed the history of this project and
deter'mi ned that th is conceptua 1 plan is actua 11 y IIDre or 1 ess cons i stent
with the original plan and is less intense. So under your vested rights
ordinance it allows you and the court to deter'mine that the proposed plan is
a vested plan. The designations on the map is not reflected on your current
comprehensive plan land use map, but that is ok, although we are suggesting
that YOLl go back and do a conforming comp plan map amendnent so the map will
reflect what the proposed plan reflects. With respect to all of the other
regulations, everything applies, except one of the regulations will preclude
the developnlent the numbers of lots and the acreage, the s~ne as the vested
rights ordinance. Discussion. Bricklemeyer stated that concurrency would
not prevent the developnlent of those lots.
Motion was made by Conmissioner Jonas for adoption.
Conmi ss ioner Lange llotti . Vote: A 11 aye.
Seconded by
Attorney Kruppenbacher said that now that the Corrnlission has made a
determination, he will present this to the Circuit Court Judge who is
presiding over this case, for his review of the settlement agreenent and the
findings you have made for deterrrJination by him as to whether or not he
deems it appropriate to enter the order; assuming he does deem it
appropriate the case will be dismissed and will conclude the litigation on
this matter.
City Mana<:1er John GovorutJk:
City Manager Govoruhk gave an up-date on the Senior Center lighting. He
said that a letter was sent to Florida Power and that will give us from
4,000 -16,000 candle and will be installed as soon as possible.
City Manager' Govoruhk asked the Conmission if they wanted to redue the
Florida League of Cities ad that the City did last year. The Corrnlission was
in agr'eernent to use the S~lle type and size of ad.
.
City Manager Govoruhk said the Corrnlission has a special note on the High
School forinforrnation purposes only to read section E - site plan.
.
Manager Govoruhk stated that a work shop is needed for Fire Station No. 1 to
hear three proposals for groundwater contcmiination from the removal of the
Regular Meeting City commission May 10, 1993 Page 6
gas tank. Discussion. The Conmission will hold a workshop to hear the
presentations on May 17, 1993 at 7:00 p.m.
Commi ss ion Seat I! - Don Jonas:
Commissioner Jonas asked the City Attorney about articles in the newspaper
regarding the City Manager's position and duel office holding. Attorney
Kruppenbacner said there were issues brought up about holding duel offices.
Kruppenbacher said that Govoruhk said that he would step aside from the
Police Chief position with no guar-antee of coming back to it. Kruppenbacher
stated that this Conmission has the authority, in his opinion, that they
could hire Govoruhk back as police chief after they hire a City Manager.
Commission Seat I I I - John Lan~ellotti:
commissioner Langellotti spoke about the City posting warning signs around
the retention ponds as there are children fishing in the ponds and the water
in these ponds retain stormwater r'unoff which contain herbicides etc. and
could lead to sanething bad.
.
eomm-ission Seat iV - Terri Donnelly:
Commissioner Donnelly stated that she was proud with the Comnissions actions
this evening to be willing to relook at the Tuscawilla maintenance issue.
Commission Seat V - Cindy Kaehler:
Ccnmissioner Kaehler asked that the City Engineer to explain the concern
about the wall at chestnut Ridge. City Engineer Kozlov stated that the wall
was built in a portion of the back of the pond that goes towards the street,
the footer was built in that portion. That portion is about a foot to a
foot and a half above the existing grade, the wall is n~asured from the top
of the footer to the top of the wall. The developer is fully aware of the
concerns, at present t irne the deve loper has not camp 1 eted or done a 11 the
deficiencies that were spelled out In the deficiency letter. Kozlovalso
stated that he has not accepted the wall until the deficiencies are
corrected.
Conmi 5S ioner Kaeh 1 er stated that in the di scuss -ion on the maintenance issue
with regard to private property vs public property and whether we can
assess. She asked the City Attorney to get a definitive opinion from the
Attorney General up front before this lssue comes before the Comnission
agaln.
Attorney Kruppenbacher said that he would take the present documents and the
description of the property and ask the Attorney General if these documents
are corr-ect.
.
Copmissioner Kaehler said she would like to see written out solutions to
what would be done if someone does not pay, solutions that Staff has thought
of for problems that could come up with this. Kaehler also asked t.o have
solutions to the garbage and recycling problems that has come up with
.
.
.
r~esidents who are out of town or who say they recycle everything. She said
Regular Meeting City Call1lission May 10, 1993 Page 7
that she would like the Staff to look at this and suggest how to handle
these problans.
Cormissioner' Jonas said he would check with a few Cities and bring it back
to the Commission as to how they handle those type of situations.
Comnissioner Kaehler asked if Grant money can be used to pay for sending out
bills etc. for the garbage.
Commissioner Kaehler also mentioned that the next CALNO meeting will be held
in Winter Springs.
Cornnission Seat I - John V. Torcaso:
John F. Bush, Tarpon Circle, spoke about namlng the new high school Winter
Springs High School. Discussion.
Attorney Kruppenbacher said that the J. Koch case
sett 1 ement offer' of $22,000. Di scuss ion.
Commission was to settle for the $22,000 figure.
is active, there
A consensus of
is a
the
Attorney Kruppenbacher also read a resolution for the School Board to name
the high school Winter Springs High School.
Conmissioner Kaehler moved to put resolution 709 on the agenda. Seconded by
Langellotti. Vote: Al~ aye.
Calrnissioner' Kaehler moved to approve resolution 709. Seconded by Donnelly.
Vote: All aye.
The meeting adjourned at 9:48 P.M.
Respectfully Submitted
~~~
Margo Hopkins
Deputy City Clerk
APpr\ed:
. ----- . Ctl
, . , ./
f (, . r.~ ,..~__
Phil P A. Kulbes, Mayor