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HomeMy WebLinkAbout1994 08 22 City Commission Regular Minutes 93-94-23 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS AUGUST 22, 1994 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John F. Bush at 7:30 p. m. The invocation was given by Reverend Peter Alvinson of Willow Creek Church PCA. The pledge of allegiance to the flag was led by Commissioner John Langellotti. Roll Call: Mayor John F. Bush, present Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: John Ferring, present John Langellotti, present Cindy Gennell, present David McLeod, present Approval of minutes of August 8, 1994: there were no additions or corrections; the minutes stand approved as presented. Public Comment: Todd Castain, Burgos Road, thanked the police officers in helping to monitor the speed on Burgos Road. He spoke about the continuing problem of speeders on Burgos Road and asked that speed bumps be installed. Joe Genova, Adidas Road, spoke about the possible referendum for ambulance service and he said he hoped the record will show that seniors are covered with Medicare Part B for ambulance service. He said we will do everything we can to let all seniors know that before they vote for something they will be paying for twice. Paul Partyka, Oswego Court, spoke about speed humps. He also said the Winter Springs Art Festival sponsored by the Winter Spr~ngs Rotary Club will be held on December 3rd and 4th. General Agenda: Request to park RV on residential property-K.D.Edelen: Motion was made by Commissioner Ferring that we grant an extension of one year to Mr. Edelen. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; motion passes. Winding Hollow Unit 1 (94-SUB-2)-Approval/Disapproval of Plat and Covenants for Recordation (that property located on the South Side of SR 434 between City Hall and the School Bus Barn): Don LeBlanc, Land Management Specialist, said the Commission has been given his package. As to the letter from the City A~torney regarding his concerns, Mr. LeBlanc explained they have agreed to not encumber the stormwater retention system; they have also agreed that the City has to approve any amendments that will be made and there was a typographical error -should be Sec. 3 of this Article 6 instead of Section 1. It was suggested that "may not be amended" be changed to read "shall not be amended". Attorney Kruppenbacher explained he has required three separate paragraphs be included in the covenants and restrictions: 1. that nothing in the covenants authorizes a violation of a City code or ordinance; 2. that the City is a third party beneficiary with a right to enforce the covenants should it determine that it should do so to protect the public; and 3. that there be no amendments that Regular Meeting, City Commission, August 22, 1994 Page 2 93-94-23 delete those rights. He explained that an issue arose regarding what to be done with the fact that it was a perception of some that when developers were leaving and turning over ownership of the control of the homeowners association to the property owners, which normally occurs at about a 75% takeover, there were no funds available for the homeowners to be able to get on their feet and to be able to maintain the issues. Attorney Kruppenbacher explained that after discussion with the developers who said that during the first 75% buildout or when 75% of the lots are built on, it is turned over, there historically is a deficit funding where the developer is funding more than what the assessments could generate. What the developers have agreed to in discussions is to set aside from the annual assessments the sum of 10% collected to be put into an escrow account for the homeowners association to be used to maintain the common areas when they take over. Motion was made by Commissioner Ferring to approve plat and covenants of Winding Hollow for recordation; to approve the project to be built in accordance with the height restrictions or limitations of the City code; to approve the project so that the 10% annual assessment is put into escrow and to approve the project subject to the City Attorney signing off on the final revised homeowners documents which Mr. Wilt and the City Attorney reviewed this date. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti,aye; Commissioner Gennell, aye; motion passes. There was a consensus of the Commission for the Attorney and Staff to put together an ordinance dealing with issues that have been coming up. Highland Lake Phase I-Acceptance/Non-Acceptance of Improvements (Infrastructure) (that property located at the terminus of MacGregor Road in the Highlands PUD): Motion was made by Commissioner Torcaso the City accept the improvements (Infra- structure) of Highland Lake Phase I, retroactive to April 1st. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; motion passes. Water & Sewer Refunding Revenue Bonds, Series 1992 and Improvement Refunding Revenue Bonds, Series 1993: Jim Lentz, President of Capital Market Consultants, and the City's financial advisor, explained the City has an opportunity to realize some profit from securities that are currently in escrow. Back in 1992 and 1993 when interest rates were lower, the City of Winter Springs took advantage of those lower interest rates by advance refunding older issues (1989 and 1990). These bonds are not actually going to be paid off until 1999 and 2000. Mr. Lentz explained what you do when you issue the new bonds, you establish an irrevocable escrow of US Treasury Securities that when the principal and interest come due on those treasury securities, it is sufficient to pay for the old bond issues and in effect, when you do the re- financing and calculate all of those into the savings on both issues, 1992 and 1993 issues, there was significant savings as interest rates had moved down. Regular Meeting, City Commission, August 22, 1994 Page 3 93-94-23 Mr. Lentz went on to explain that the City has in escrow maturing US Government Securities and the maturity date of the securities is different than the maturity date of the bonds, so the escrow agent will receive the money on Aug. 15th and not have to spend the money until Oct. 1st, so there is a 45 day "float period". He said until recently its been impossible for a local government to recognize the value of that "float" because of the expense of an escrow agent and the verification agent and bond counsel. Mr. Lentz said there is a method today that has been developed recently where you are able to attract commercial banks to in effect acquire that float for that 45 day period. They become willing to pay you a lump sum payment now for that escrow float and it involves only one time having the expense of doing it and receiving the cash up front. He said basically it is a windfall to the City where otherwise it would not have the ability of obtaining the windfall. Mr. Lentz estimated on the two issues the City has between $60 to 70,000 dollars gross profit present value where a commercial bank will write a check, and in order to get that, it will cost between $15,000 and $20,000 in expenses. Mr. Lentz said it is our recommendation that this found money $40,000 to $50,000 will be deposited in the Sinking Fund, which means in 1994 the City will have to make $50,000 dollars less in deposits in the Sinking fund, so those monies can be used for General Fund. Motion was made by Commissioner Langellotti authorizing Mr. Lentz to proceed forward with the City Manager and Finance Director to take the steps as outlined by Mr. Lentz. Seconded by Commissioner Gennell. Discussion. Vote on the motion: Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; motion passes. Tuscawilla Parcel 61 (94-SUB-5)-Approval/Disapproval of Final Engineering and Initial Review of Covenants (that property located along Winter Springs Boulevard and Northern Way, bordered to the North and East by Georgetowne Subdivision): Carl Gosline, Community Development Director, explained the Commission has received copies of the plan as submitted and Staff recommends approval. Mr. Culp said the covenants and restrictions are a totally new document from what the Commission saw at the preliminary review. This new set reflects the concerns with regard to reserves so that there would be something available when the development was complete and turned over to the association. Attorney Kruppenbacher said he met with Mr. Culp and he has agreed on this project as well as the next to a 10% set aside on the annual assessment as well as the entire original assessment which will be a large sum for the property owners to have to insure they can maintain the property. Mr. Culp said one other issue they had was the entryway with a landscaped median. The City code shows certain particular right of way widths but there is not a 60 foot right of way with a median. Mr. Culp said it is not against code, it is just that it is not in the code.He asked for Commission's approval. Motion was made by Commissioner Ferring to approve final engineering development plans for Parcel 61 subject to the legal definition regarding that entranceway if they can properly do it fine; plus the negotiated amendments to the covenants and deed restrictions of initial payment and 10%. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Regular Meeting, City Commission, August 22, 1994 Page 4 93-94-23 Amended Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; motion passes. Tuscawilla Parcel 80 (94-SUB-l)-Approval/Disapproval of Final Engineering and Initial Review of Covenants (that property located South of SR 434, North of CSX Railroad and to the immediate West of Howell Branch Creek): Mr. Gosline, Community Development Director, said the project is recommended for approval. He said the lots along the creek have been eliminated from Commission action this evening because the determination of FEMA of the flood plain line is still pending. Those lots would come back in a Phase 3 once that issue is resolved. Attorney Kruppenbacher said the same comment regarding the covenants as the prior two developments. Mr. Culp explained there was another item to deal with. He said at the entry to the two phases of the subdivision the archways and two main columns would exceed the City's requirement for a maximum of 8 ft. height. At the two entries the two main columns and the arch would go to a maximum of 10 ft. He asked for the Commission's approval. Motion was made by Commissioner Torcaso for approval of final engineering and initial review of covenants, subject to the finalization of the covenants and homeowner documents in accordance with the negotiations in their presentations that have taken place. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Gennell, aye; Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; motion passes. Election Proclamation for Nov. 8, 1994 Municipal Election: Mayor Bush read the Election Proclamation proclaiming the Nov. 8, 1994 Municipal Election for the purpose of electing Commissioner Seat/District 1; Commissioner Seat/District 3 and Commissioner Seat/District 5. First Reading of Ord. No. 566, adopting the Municipal Budget for Fiscal Year 1994- 1995, etc.: Motion was made by Commissioner Ferring to read Ord. No. 566 by title only on first reading. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner McLeod, aye; Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; motion passes. (Minutes amended to show total amount of Budget - $25,803,419). Attorney Kruppenbacher read Ord. No. 566 by title only on first reading. First Reading of Ord. No. 567, providing for referendum regarding ambulance service, etc.: Motion was made by Commissioner Ferring to read Ord. No. 567 by title only on first reading. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Ferring, aye; Commissioner Langellotti, aye; Commissioner Gennell, aye; Commissioner McLeod, no; motion passes. Attorney Kruppenbacher read Ord. No. 567 by title only. City Attorney Frank Kruppenbacher: Attorney Kruppenbacher reported that the City Manager has directed the Executive Director of the Senior Center to go forward and do a more indepth analysis of the other senior centers. One survey was done but based upon the input received, City Manager Govoruhk thought there should be follow up on that. Attorney Kruppenbacher recommended nothing be done differently until this new survey is received and analyzed. Regular Meeting, City Commission, August 22, 1994 Page 6 93-94-23 Commissioner Gennell said she also went to a DOT Conference for future transporta- tion needs, and she spoke about the bike paths. She asked the City Manager to get back to the Commission the references made at the May 3, 1994 Workshop Meeting. Commissioner Gennell asked about the salary study and Manager Govoruhk said hopefully he will be getting it in the mail this week. Commission Seat V - David McLeod: Commissioner McLeod reported the Ranchlands Homeowners Association will be having a meeting prior to the City's public hearing to discuss the Earley property. Commissioner McLeod suggested a representative of this Commission attend that meeting and he said he was asked to attend and wanted the Commission to be aware of the meeting. Attorney Kruppenbacher said he would talk with the mediator and opposing counsels and identify if there are any objections from any parties or the mediator. If there is he would advise the Commission. Attorney Kruppenbacher said we are going through the public process and it is the Commission's policy judgement. He said he would like to attend to make sure that nothing is said that in any way mis- represents this Commission. Mayor Bush asked for a consensus as to whether or not a member of the Commission should attend the Ranchlands Homeowners Association meeting and it was a 3-2 vote with Commissioners Torcaso and Ferring against. The meeting is to be recorded, and Commissioner McLeod was asked to notify the Homeowners Association president that we would be recording our portion of the meeting. Commission Seat I - John V. Torcaso: Commissioner Torcaso asked the City Attorney to work on the annexation of Orange Avenue. He asked for an ordinance to eliminate the need for the petitions when qualifying for election. Commissioner Torcaso said he was in favor of dropping out of the ECFRPC. He said he would like to have a meeting with the City Attorney, City Manager and himself about the Senior Center to let those poeple know what is what. Commissioner Torcaso announced the Annual Sandbaggers Tournament will be held on Nov. 18th at the Winter Springs Golf Club at 1:00 p.m. Mayor's Office-John F. Bush: Mayor Bush asked that a dinner be organized to honor the City Clerk on her retire- ment. Mayor Bush said he received a letter from Sally McGinnis requesting to serve on the 434 Planning Committee. Mayor Bush asked the City Manager to contact Commissioner Henley regarding a flooding problem. Commissioner Ferring said he attended the grand opening of the Solid Waste Disposal Plant at the transfer station on SR 434 and has distributed some information. Mayor Bush announced September 1 through September 15th is Qualifying Time for Commission Seats/Districts I, 3 and 5. Commissioner Gennell asked if our City Code precludes the large outdoor advertising signs. Mr. Gosline said he would look into that. Regular Meeting, City Commission, August 22, 1994 Page 5 93-94-23 Attorney Kruppenbacher said if there are going to be joint sessions of two or more boards, they need to be called at a Regular Meeting and announced and then the appropriate clerk will make sure notice is posted so that we comply with the Sunshine Law requirements. City Manager John Govoruhk: Manager Govoruhk said he spoke to the president of the Winter Springs Rotary Club that the City has not received the first request to use the park for the Art Festival. Manager Govoruhk reminded the Commission there is to be a Workshop Meeting on Sept. 19th at 7:00 p. m. on the preliminary Ranchlands drainage study. There was discussion of when the public hearing for the Earley mediation is to be held. Attorney Kruppenbacher said he will confer with the lawyers and if there is a problem getting a date with all the Commission present, he will get with the Mayor and he will confer with each of the Commission without violating the Sunshine Law. Manager Govoruhk reported all the bids for the roof repair have been rejected and it will be re-bid on Aug. 31st. Manager Govoruhk said he gave the Commission a memo regarding the bill from the East Central Florida REgional Planning Council. We have budgeted $4,400 but the new invoice just received is $7,322. A consensus of the Commission was to add the extra amount in the budget. Manager Govoruhk spoke about the problem of a private well on Jackson Circle. He said we will be reimbursed from the Department of Environmental Protection when we extend the water lines there. Manager Govoruhk said there was a water line break on Hayes Road and at Trotwood Park. Commission Seat II - John Ferring: Commissioner Ferring asked about the telephone situation. Commission Seat III - John Langellotti: Commissioner Langellotti said he would like to compliment the Public Works and Water Departments for responding to the water main breaks. Commission Seat IV - Cindy Gennell: Commissioner Gennell reported she attended a Disaster Management Public Officials conference and it was very informative. She said she received a letter from SJRWMD about the meeting for the Lake Jesup Task Force this coming week. On that agenda they will be discussing some land mitigation for the SR 434 corridor. Commissioner Gennell said the Dept. of Environmental Protection and the Corp of Engineers have both recommended to disapprove the suggested land mitigation that was going to be banked on the north shore of Lake Jesup. They are doing it subject to the input from the Lake Jesup Task Force. Commissioner Gennell asked the City Manager to advise our representative to protect our interest at that meeting. Regular Meeting, City Commission, August 22, 1994 Page 7 Meeting was adjourned 10:10 p.m. ].~ Respectfully submitted, ~/.~ Mary T. Norton, City Clerk ,MAYOR 93-94-23