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HomeMy WebLinkAbout1982 04 13 City Commission Regular Minutes .-..;;-,,:.~,"'::;."--~ .1 . . 81-82-13 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS APRIL 13, 1982 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Troy Piland. The invocation was given by Deputy Mayor John Torcaso. The pledge of allegiance to the flag was led by Commissioner Martin Trencher. Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney Al Cook, present Commissioners: Jim Hartman, present Buck Adkins, present Martin Trencher, present Maureen Boyd, absent Motion was made by Commissioner Torcaso to approve the minutes of March 23, 1982. Seconded by Commissioner Hartman; discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. There was no public input. General Agenda: Pat Spiegel, 216 Wade St., approval to have more than 2 dogs: Diane Alexander, owner of the dogs, was present to ask for permission to keep 4 dogs. No one spoke in opposition to this request. Motion was made by Commissioner Hartman to allow Ms. Alexander to keep her dogs until such time as we get another complaint. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Planning & Zoning Board Recommendation: Question of Rezoning C-2 properties: Th~ City Planner said that at the last meeting the Commission requested that the P&Z Board look into the question of rezoning all C-2 property that is in proximity to residential areas which would be on S.R. 434 and S. Moss Road. There are three parcels: one is a little over two acres on the south side of S.R. 434. At present it is two acres undeveloped and about one-fifth of an acre developed with a commercial duplex; there is another C-2 property on the N.E. corner of Wade Street and S.R. 434 that is totally undeveloped, about 1/3 of an acre; both of those parcels the Board recommends be re-zoned to C-l since that is compatible with the rest of the zoning. As far as the portion on south Moss Road, it is entirely developed except for about 2/3 acre and a portion of that parcel is developed with a professional office. The Board recommends that that be re-zoned to R-3 in that the majority of the C-2 property has been developed with multi-family. Motion was made by Commissioner Torcaso that we approve the P&Z Board's report on the re-zoning. Motion died due to lack of a second. Motion was made by Commissioner Adkins that we approve the changing fro~C-2 to C-l on the three areas in question. Seconded by Commissioner Torcaso for discussion. In discussion Mr. Hunt, owner of the property on South Moss Road, spoke. Vote on --",~--:'~. .. . . ...,r....,.. :,.'-';"~!~.'l".""!l-, '~T"_.-~":- Regular Meeting, City Cemmissien, April 13, 1982 Page 2 81-82-13 the metien:Cemmissiener Beyd, absent; Cemmissiener Tercase, ne; Cemmissiener Hartman, aye; Cemmissiener Adkins, aye; Cemmissiener Trencher, aye; metien carried. Appreval te recerd the plats .of Tuscawilla Units 11, ll-A and ll-B and acceptance .of imprevements in these units. The City Planner explained that Winter Springs Develepment is asking appreval te recerd three units with public reads in Tuscawilla en the nerth side .of Nerthern Way. We have all the decumentatien "required fer appreval te recerd the plat with the exceptien .of a perfermance bend. In that event we had te require that all imprevements be installed, inspected and appreved and ready fer acceptance by the City at the time we recerd the plat. Everything in all three units is new in .order. We are recemmending appreval te recerd the plats .of Unit 11, llA and lIB and simultaneeusly accept the paving and drainage inte the City system. This alse invelves accepting a bridge ever Hewell Creek and anether ever Bear Creek which have been censtructed in accerdance with appreved engineering and inspected by Seminele Ceunty's bridge inspecter and we have bends cevering maintenance .of the bridges as well as the public reads. Metien was made by Cemmissiener Tercase, secended by Cemmissiener Adkins te appreve the recerding .of plats .of Tuscawilla Units 11, llA and lIB and acceptance .of imprevements in these units. Discussien. Vete en the metien: Cemmissiener Tercase, aye; Cemmissiener Hartman, aye; Cemmissiener Adkins, aye; Cemmissiener Trencher, aye; Cemmissiener Beyd, absent; metien carried. Appreval te recerd the plat .of Bear Creek Estates (Unit 10) in Tuscawilla. The City Planner explained that Bear Creek Estates is immediately te the seuth .of Unit 11. It is a private develepment and we have had fer seme time all the decumenta- tien required te recerd the plat. In that imprevements de net have te be fully cempleted and inspected prier te recerding a plat .of a private develepment; hewever,' until the actien the Cemmissien just teek te appreve the plat .of Unit 11, this area was net accessible by any public read, se we ceuld net recemmend recerding this plat. At present under the City cede every matter required .of the develeper has been met. There is .one miner cerrectien in the deed restrictiens. "they have agreed te make regarding their setting .of the traffic limits within the private reads. Metien was made by Cemmissiener Tercase that we delay this until the City Engineer tells us the preject is cempleted. Secended by Cemmissiener Trencher fer discussien. Discussien. Mr. Alpert, representing Winter Springs Develepment Cerp. was present. Jack Ceeper, City Engineer, explained that his last inspectien was 4:30 p. m. teday and everything appears te be in .order. Metien and secend were withdrawn. Metien was made by Cemmissiener Tercase, secended by Cemmissioner Trencher, te grant appreval te recerd the plat .of Bear Creek Estates (Unit 10) in Tuscawilla. Discussien. Vete en the metien: Cemmissiener Hartman, aye; Cemmissiener Adkins, aye; Cemmissioner Trencher, aye; Cemmissiener Beyd, absent; CemmissionerTercase, aye; metion carried. Reselutien Ne. 382 vacating a mislecated drainage easement at the Lake Auduben .outfall: This item was pestpened. e' e e Regular Meeting, City Commission, April 13, 1982 Page 3 81-82-13 Resolution No. 383 requesting Seminole County to have constructed a public crossing over the railroad tracks within the public right-of-way of Wade Street: Jack Cooper, City Engineer, explained that at the present time there is a dedicated right-of-way for Wade Street running from S.R. 419 north, crossing the railroad tracks. This right-of-way is owned by Seminole County. There is also all existing roadway which is on private property. This was the original roadway leading to a railroad crossing which is half of the private railroad crossing. A public railroad crossing is almost mandatory there particularly since the property owner on the north side of the tracks has fenced the property making the turn extremely difficult there. The City staff investigated the situation and determined the right-of-way on Wade St. was still county and then while the railroad crossing would be serving the City property it would also be serving a great deal of county property. The investigation proceeded with the railroad itself and we find that the cost of a public crossing at that location would be extremely expensive. In view of the fact that Seminole County owns the right-of-way and in view of the fact that a great deal of Seminole County property would be served by public crossing we are recommending that this Commission petition the County Commission to install such a public crossing and that the County relocate the roadway onto the right-of-way. Motion was made by Commissioner Torcaso that we adopt Resolution No. 383. Seconded by Commissioner Trencher. Discussion. In discussion, Commissioner Hartman asked that the County be asked to repair the corner of Wade Street and the Old Sanford- Oviedo Road and if not, could the City repair it. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. Winter Springs Elderly Communities: 1. Professional Fees and Resolution: Attorney Cook reported that everyone has been provided with a draft of a resolution that is called the inducement resolution. It is the approval by the City to enter into further agreements including an attached agreement with the developer, who throughout the resolution and agreement is referred to as the borrower because this entity, Winter Springs Elderly Communities Ltd. is proposing to come into the community, purchase land, build, construct and operate an adult, congregate living facility as defined by the Florida Statutes. They are requesting the City go along with this, make certain statutorial required findings that are preliminary and necessary to their accomplishing a tax exempt status under the various categories of the internal revenue code; the goal of which is to acquire financing at a lower interest rate than market interest rates; it is somewhat detailed, complex procedure that the staff has been studying for two months. We have present Mr. Lyle Thornton, representative of the borrowers, Winter Springs Elderly Communities, Ltd.; I have written two letters to the Commission on the status of this project. The initial proposal that was submitted to the Commission has been modified in two respects. There is the inducement resolution which contains certain statutory findings; it has been modified in two respects. Sec. 2 on the findings - items which must be found by the City in order to accomplish the tax exempt status and to blend with the Florida Statute on the industrial revenue bonds. In the particular items the City staff and Mr. Thornton have been discussing, are those items on page 2, paragraphs d and e. D relates to certain financial findings that the statute requires the City to make.E relates to certain logistical findings that the City is required to make. ."_.~;~~(:',,- . . . ~-._- -,,,,'\,y~., -." , N.':-_~_~ "':~~ 1'-;'_' c '"-~-<C'-<:'~~_ . Regular Meeting, City Commission, April 13, 1982 Page 4 81-82-13 The agreement that was initially received has been substantially strengthened, in so far as the City is concerned to provide further assurances to the City for recovery of its out of pocket expenses; to assure the City that the City will not incur liability as a result of its joining in this; that is that the City will not become obliged to repay any of the principal or interest of this borrowed money in the event of a default should that occur. Attorney Cook said he has received technical assistance from a Jacksonville firm. At the time of the initial proposal by Mr. Thornton a different firm was recommended as bond counsel. Mr. Cook said he recommended independent counsel in his letter of March 5. Mr. Thornton has agreed to designate our choice as the bond counsel. Attorney Cook recommended the Livmore Firm as bond counsel. Attorney Cook explained that the City does not pledge any of its revenues, any of its general obligations. The City merely IIrubber stamps" it. The proceeds to re- pay the borrowed money comes solely from the revenues derived from the project; that is the rental of spaces, the sale of the services by the Elderly Communities center. All costs are costs of the bond issue and are paid out of proceeds of the bond issue. Commissioner Trencher referred to Attorney Jones letter wherein he recommended that the developer be required to put up a cash bond in the amount of from $5,000 to $7500.00. Commissioner Trencher asked if this resolution covers the legal fees that we incurred or will incur or is this a separate issue that should be addressed. Attorney Cook explained that the statute provides that the bond proceeds can cover both pre and after bond issuance costs, specifically makes reference to the City's out of pocket expenses for legal counsel. This is a cost that would be reimbursed to the City out of the sale of bonds proceeds. There was discussion should the bond not go through. Attorney Cook said his recommendation to deal with the interim problem of the City's risk should the bonds not pass is to secure the signature of both proposed general partners. Paragraphs 5 and 6 of this agreement are sufficiently clear to authorize the City to recover any expenses they would incur if the bonds do not pass. The distinction that we are talking about is the difference between an agreement on which we would sue to collect the money if the bonds do not pass. The problem that we are dealing with here and it is up to the Commission to decide is whether to get some money up front from them so that the City would not have to sue on any such agreement. Commissioner Trencher asked Mr. Thornton if he would be willing to put up a cash bond in the amount of $7500.00 to cover out of pocket legal fees. Mr. Thornton said under paragraph 5 of the agreement of the inducement resolution, it is included in the agreement that is going to be signed by the general partners, hopefully that the Commission approves this evening. They will pay the out of pocket expenses to theCity if the project does not go through. Both signatures will be on the agreement. Mr. Thornton said as far as the $7,500 bond, just to get this project to a point of FHA insurance where we are ready to go out for the bond issue we will have up front costs of $150,000.00 ~'~'>~'!:"~:>>tr,.".."""~"" ~-~''''~l,:",''..!~l\P-::, ' Regular Meeting, City Commission, April 13, 1982 Page 5 81-82-13 . Motion was made by Commissioner Trencher that we agree to adopt the resolution with changes as recommended by counse1- paragraph e, last line of the paragraph to read "or must be provided by the developer under the provisions of the Issuer's land development ordinance", page 2; that we require the signatures of both general partners per legal counsel's recommendation and that we waive counsel's request for a cash bond for $7,500.00; we go on the basis of the agreement. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. City Manager Richard Rozansky: First Reading Budget Revision Ord. No. Mayor Piland called a Workshop Meeting revision to the budget. 261 and set Public hearing: for April 20, at 7:00 p. m. to discuss the Manager Rozansky said that exhibit A has been provided but this week he will provide the Commission with a copy of the budget with all the changes that have been made to date. Attorney Cook read Ordinance No. 261 on first reading in its entirety. The public hearing was set for May 11, 1982. Capital Improvement Program: Bids Street Resurfacing: Manager Rozansky recommended the Commission accept the bid of Basic Asphalt at the square yard cost of $1.97 that will enable us to utilize the full amount that was . budgeted for road repairs. Motion was made by Commissioner Torcaso, seconded by Commissioner Trencher to accept the low bid of Basic Asphalt. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; motion carried. Street Light Plan - Old Town: Motion was made by Commissioner Trencher to accept the lighting plan for street lights in old town. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, aye; motion carried. (In discussion Commissioner Hartman reported a faulty light on Sailfish Road). Personnel - Staffing: Manager Rozansky discussed the finance position and said. he would like to make that position Chief of Finance and Accounting, and upgrade the salary range to $14,500.00. Motion was made by Commissioner Adkins to recommend that we accept the City Manager's position and change the position to a CS-7 from clerical to a non-allocated position and accept the salary range. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, no; Commissioner Hartman, aye; motion carried. Muller, Mintz, Kornreich, Caldwell, Casey, P.A. - Frank Kruppenbacher -Labor Attorney: . ~~w-- . . . . .. ~ Regular Meeting, City Commission, April 13, 1982 Page 6 81-82-13 Manager Rozansky asked that Mr. Kruppenbacher be appointed as our labor attorney and labor consultant. There is no retainer involved. Their fee, when we use them would be $75.00 per hour. Attorney Cook recommended the firm as labor specialists. Motion was made by Commissioner Trencher that we appoint the firm of Muller, Mintz, Kornreich, Caldwell, Casey, P.A., specifically Mr. Frank Kruppenbacher to serve with our City counsel as our labor attorney for labor law services when required. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. Monthly reports have been distributed. Commission Seat I - Jim Hartman: Commissioner Hartman said he would like to let everybody know that the City of Winter Springs had an appeal handed down in our favor in the Florida Land lawsuit. The Judge over-ruled Judge Leffler's decision saying the City Charter was unconstitutional. Attorney Cook reported that Florida Land has requested the 5th District Appeals Court to re-hear and reconsider their decision. Commission Seat II - Buck Adkins: Commissioner Adkins brought up the issue of lighting of Winter Springs Boulevard from Northern Way to the Clubhouse. Mr. Alpert, representative of Winter Springs Development Corporation, said the Company basically said they would like to see a continuation of the town and country type lighting down Winter Springs Boulevard, and that the company would consider paying the difference to the City between concrete posts and town and country. He said they have their engineer reviewing the street lighting plan to see if it is acceptable and he will get back to the City. Mr. Alpert said he was quite sure he would have some type of decision within ten days. Commission Seat III - Martin Trencher: Commissioner Trencher said this past week the Winter Springs Civic Association held a carnival that was scheduled for ten days. The Association has had plans for a Xmas parade this year. Because of the bad weather, they fell short by about $500.00 of the amount of money they will need to put this parade on. Commissioner Trencher asked the City Commission if they would consider assisting the Association with a contribution in the amount of $500.00 to make up the difference. This will be discussed at the Workshop Meeting on April 20, 1982. Commission Seat V - John Torcaso: Commissioner Torcaso said that copies have been distributed of an article that was discussed at the Council of Local Governments meeting in reference to using prisoners for week-end work. Altamonte Springs is to draw up a resolution and send it to all the cities to see if the cities would go along with the resolution and send one to all the judges in Seminole County. The biggest problem with this program is the supervision and transportation. The Council of Local Governments agreed to send a letter to the D.O.T. requesting a sign on 1-4 for Winter Springs. ...:~~~~...:,,.,... .. Regular Meeting, City Commission, April 13, 1982 Page 7 81-82-13 '~ . Mayor's Office: Mayor Piland introduced Julian Roberts, executive director of the Tri County League of Cities. Mr. Roberts said the Revenue Commission met with various representatives on the one cent sales tax to come up with a plan to feed back to the cities and hopefully he would have that information for Thursday's meeting. Mayor Piland said when we get into the budget discussions for next year we should not only look at property tax relief but some relief from utility and franchise taxes. Mayor Piland said he will be signing a proclamation for Clean up week which will be April 26 thru April 30th. Bill Jacobs, 404 S. Edgemon Ave., talked about the City actively soliciting the annexation of certain properties into the City. Dave Dearolph, Tuscawilla, reported that on Northern Way, the street lighting has wires going from pole to pole and he was under the impression that they were supposed to be underground. Mr. Rozansky will look into this and get back with Mr. Dearolph. Bill Jacobs, S. Edgemon Ave., said it is this time of the year the City Manager is to be reviewed. Mayor Piland appointed a committee of Commissioner Hartman, Commissioner Adkins and Commissioner Boyd to come back with recommendations prior to the Workshop on Tuesday. . Meeting was adjourned at 9:25 p.m. Respectfully submitted, ~/.~ Mary T. Norton, City Clerk Approved: ,MAYOR i,' 1, . 81-82-13 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS APRIL 13, 1982 The Regular Meeting of the City Commission was called to order by Mayor Troy Piland. John Torcaso. The pledge of allegiance to Trencher. of the City of Winter Springs, Florida, The invocation was given by Deputy Mayor the flag was led by Commissioner Martin Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney Al Cook, present Commissioners: Jim Hartman, present Buck Adkins, present Martin Trencher, present Maureen Boyd, absent Motion was made by Commissioner Torcaso to approve the minutes of March 23, 1982. Seconded by Commissioner Hartman; discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. There was no public input. General Agenda: Pat Spiegel, 216 Wade St., approval to have more than 2 dogs: Diane Alexander, owner of the dogs, was present to ask for permission to keep 4 dogs. No one spoke in opposition to this request. Motion was made by Commissioner Hartman to allow Ms. Alexander to keep her dogs until such time as we get another complaint. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Planning & Zoning Board Recommendation: Question of Rezoning C-2 properties: The City Planner said that at the last meeting the Commission requested that the P&Z Board look into the question of rezoning all C-2 property that is in proximity to residential areas which would be on S.R. 434 and S. Hoss Road. There are three parcels: one is a little over two acres on the south side of S.R. 434. At present it is two acres undeveloped and about one-fifth of an acre developed with a commercial duplex; there is another C-2 property on the N.E. corner of Wade Street and S.R. 434 that is totally undeveloped, about 1/3 of an acre; both of those parcels the Board recommends be re-zoned to C-l since that is compatible with the rest of the zoning. As far as the portion on south Moss Road, it is entirely developed except for about 2/3 acre and a portion of that parcel is developed with a professional office. The Board recommends that that be re-zoned to R-3 in that the majority of the C-2 property has been developed with multi-family. Motion was made by Commissioner Torcaso that we approve the P&Z Board's report on the re-zoning. Motion died due to lack of a second. Motion was made by Commissioner Adkins that we approve the changing from C-2 to C-1 on the three areas in question. Seconded by Commissioner Torcaso for discussion. In discussion ~1r. Hunt, owner of the property on South Moss Road, spoke. Vote on Regular Meeting, City Commission, April 13, 1982 Page 2 81-82-13 the motion:Commissioner Boyd, absent; Commissioner Torcaso, no; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. Approval to record the plats of Tuscawil1a Units 11, ll-A and ll-B and acceptance of improvements in these units. The City Planner explained that Winter Springs Development is asking approval to record three units with public roads in Tuscawilla on the north side of Northern Way. We have all the documentation required for approval to record the plat with the exception of a performance bond. In that event we had to require that all improvements be installed, inspected and approved and ready for acceptance by the City at the time we record the plat. Everything in all three units is now in order. We are recommending approval to record the plats of Unit 11, 11A and llB and simultaneously accept the paving and drainage into the City system. This also involves accepting a bridge over Howell Creek and another over Bear Creek which have been constructed in accordance with approved engineering and inspected by Seminole County's bridge inspector and we have bonds covering maintenance of the bridges as well as the public roads. Motion was made by Commissioner Torcaso, seconded by Commissioner Adkins to approve the recording of plats of Tuscawilla Units 11, llA and 11B and acceptance of improvements in these units. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; motion carried. Approval to record the plat of Bear Creek Estates (Unit 10) in Tuscawilla. The City Planner explained that Bear Creek Estates is immediately to the south of Unit 11. It is a private development and we have had for some time all the documenta- tion required to record the plat. In that improvements do not have to be fully completed and inspected prior to recording a plat of a private development; however, until the action the Commission just took to approve the plat of Unit 11, this area was not accessible by any public road, so we could not recommend recording this plat. At present under the City code every matter required of the developer has been met. There is one minor correction in the deed restrictions. they have agreed to make regarding their setting of the traffic limits within the private roads. Motion was made by Commissioner Torcaso that we delay this until the City Engineer tells us the project is completed. Seconded by Commissioner Trencher for discussion. Discussion. Mr. Alpert, representing Winter Springs Development Corp. was present. Jack Cooper, City Engineer, explained that his last inspection was 4:30 p. m. today and everything appears to be in order. Motion and second were withdrawn. Motion was made by Commissioner Torcaso, seconded by Commissioner Trencher, to grant approval to record the plat of Bear Creek Estates (Unit 10) in Tuscawilla. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, aye; motion carried. Resolution No. 382 vacating a mis10cated drainage easement at the Lake Audubon outfall: This item was postponed. Regular Heeting, City Commission, April 13, 1982 Page 3 81-82-13 Resolution No. 383 requesting Seminole County to have constructed a public crossing over the railroad tracks within the public right-of-way of Wade Street: Jack Cooper, City Engineer, explained that at the present time there is a dedicated right-of-way for Wade Street running from S.R. 419 north, crossing the railroad tracks. This right-of-way is owned by Seminole County. There is also an existing roadway which is on private property. This was the original roadway leading to a railroad crossing which is half of the private railroad crossing. A public railroad crossing is almost mandatory there particularly since the property owner on the north side of the tracks has fenced the property making the turn extremely difficult there. The City staff investigated the situation and determined the right-of-way on Wade St. was still county and then while the railroad crossing would be serving the City property it would also be serving a great deal of county property. The investigation proceeded with the railroad itself and we find that the cost of a public crossing at that location would be extremely expensive. In view of the fact that Seminole County owns the right-of-way and in view of the fact that a great deal of Seminole County property would be served by public crossing we are recommending that this Commission petition the County Commission to install such a public crossing and that the County relocate the roadway onto the right-of-way. Hotion was made by Commissioner Torcaso that we adopt Resolution No. 383. Seconded by Commissioner Trencher. Discussion. In discussion, Commissioner Hartman asked that the County be asked to repair the corner of Wade Street and the Old Sanford- Oviedo Road and if not, could the City repair it. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. Winter Springs Elderly Communities: 1. Professional Fees and Resolution: Attorney Cook reported that everyone has been provided with a draft of a resolution that is called the inducement resolution. It is the approval by the City to enter into further agreements including an attached agreement with the developer, who throughout the resolution and agreement is referred to as the borrower because this entity, Winter Springs Elderly Communities Ltd. is proposing to come into the community, purchase land, build, construct and operate an adult, congregate living facility as defined by the Florida Statutes. They are requesting the City go along with this, make certain statutoria1 required findings that are preliminary and necessary to their accomplishing a tax exempt status under the various categories of the internal revenue code; the goal of which is to acquire financing at a lower interest rate than market interest rates; it is somewhat detailed, complex procedure that the staff has been studying for two months. We have present Mr. Lyle Thornton, representative of the borrowers, Winter Springs Elderly Communities, Ltd.; I have written two letters to the Commission on the status of this project. The initial proposal that was submitted to the Commission has been modified in two respects. There is the inducement resolution which contains certain statutory findings; it has been modified in two respects. Sec. 2 on the findings - items which must be found by the City in order to accomplish the tax exempt status and to blend with the Florida Statute on the industrial revenue bonds. In the particular items the City staff and Hr. Thornton have been discussing, are those items on page 2, paragraphs d and e. D relates to certain financial findings that the statute requires the City to make.E relates to certain logistical findings that the City is required to make. Regular Heeting, City Commission, April 13, 1982 Page 4 81-82-13 The agreement that was initially received has been substantially strengthened, in so far as the City is concerned to provide further assurances to the City for recovery of its out of pocket expenses; to assure the City that the City will not incur liability as a result of its joining in this; that is that the City will not become obliged to repay any of the principal or interest of this borrowed money in the event of a default should that occur. Attorney Cook said he has received technical assistance from a Jacksonville firm. At the time of the initial proposal by Hr. Thornton a different firm was recommended as bond counsel. Hr. Cook said he recommended independent counsel in his letter of March 5. Mr. Thornton has agreed to designate our choice as the bond counsel. Attorney Cook recommended the Livrnore Firm as bond counsel. Attorney Cook explained that the City does not pledge any of its revenues, any of its general obligations. The City merely mrubber stamps" it. The proceeds to re- pay the borrowed money comes solely from the revenues derived from the project; that is the rental of spaces, the sale of the services by the Elderly Communities center. All costs are costs of the bond issue and are paid out of proceeds of the bond issue. Commissioner Trencher referred to Attorney Jones letter wherein he recommended that the developer be required to put up a cash bond in the amount of from $5,000 to $7500.00. Commissioner Trencher asked if this resolution covers the legal fees that we incurred or will incur or is this a separate issue that should be addressed. Attorney Cook explained that the statute provides that the bond proceeds can cover both pre and after bond issuance costs, specifically makes reference to the City's out of pocket expenses for legal counsel. This is a cost that would be reimbursed to the City out of the sale of bonds proceeds. There was discussion should the bond not go through. Attorney Cook said his recommendation to deal with the interim problem of the City's risk should the bonds not pass is to secure the signature of both proposed general partners. Paragraphs 5 and 6 of this agreement are sufficiently clear to authorize the City to recover any expenses they would incur if the bonds do not pass. The distinction that we are talking about is the difference between an agreement on which we would sue to collect the money if the bonds do not pass. The problem that we are dealing with here and it is up to the Commission to decide is whether to get some money up front from them so that the City would not have to sue on any such agreement. Commissioner Trencher asked Hr. Thornton if he would be willing to put up a cash bond in the amount of $7500.00 to cover out of pocket legal fees. Mr. Thornton said under paragraph 5 of the agreement of the inducement resolution, it is included in the agreement that is going to be signed by the general partners, hopefully that the Commission approves this evening. They will pay the out of pocket expenses to theCity if the project does not go through. Both signatures will be on the agreement. Mr. Thornton said as far as the $7,500 bond, just to get this project to a point of FHA insurance where we are ready to go out for the bond issue we will have up front costs of $150,000.00 Regular Meeting, City Commission, April 13, 1982 Page 5 81-82-13 Motion was made by Commissioner Trencher that we agree to adopt the resolution with changes as recommended by counse1- paragraph e, last line of the paragraph to read "or must be provided by the developer under the provisions of the Issuer's land development ordinance", page 2; that we require the signatures of both general partners per legal counsel's recommendation and that we waive counsel's request for a cash bond for $7,500.00; we go on the basis of the agreement. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. City Manager Richard Rozansky: First Reading Budget Revision Ord. No. Hayor Piland called a Workshop Meeting revision to the budget. 261 and set Public hearing: for April 20, at 7:00 p. m. to discuss the Manager Rozansky said that exhibit A has been provided but this week he will provide the Commission with a copy of the budget with all the changes that have been made to date. Attorney Cook read Ordinance No. 261 on first reading in its entirety. The public hearing was set for Hay 11, 1982. Capital Improvement Program: Bids Street Resurfacing: Hanager Rozansky recommended the Commission accept the bid of Basic Asphalt at the square yard cost of $1.97 that will enable us to utilize the full amount that was budgeted for road repairs. Motion was made by Commissioner Torcaso, seconded by Commissioner Trencher to accept the low bid of Basic Asphalt. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; motion carried. Street Light Plan - Old Town: Motion was made by Commissioner Trencher to accept the lighting plan for street lights in old town. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, aye; motion carried. (In discussion Commissioner Hartman reported a faulty light on Sailfish Road). Personnel - Staffing: Manager Rozansky discussed the finance position and said. he would like to make that position Chief of Finance and Accounting, and upgrade the salary range to $14,500.00. Motion was made by Commissioner Adkins to recommend that we accept the City Manager's position and change the position to a CS-7 from clerical to a non-allocated position and accept the salary range. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, absent; Commissioner Torcaso, no; Commissioner Hartman, aye; motion carried. Muller, Mintz, Kornreich, Caldwell, Casey, P.A. - Frank Kruppenbacher -Labor Attorney: Regular Meeting, City Commission, April 13, 1982 Page 6 81-82-13 Manager Rozansky asked that Mr. Kruppenbacher be appointed as our labor attorney and labor consultant. There is no retainer involved. Their fee, when we use them would be $75.00 per hour. Attorney Cook recommended the firm as labor specialists. Hotion was made by Commissioner Trencher that we appoint the firm of Muller, Mintz, Kornreich, Caldwell, Casey, P.A., specifically Hr. Frank Kruppenbacher to serve with our City counsel as our labor attorney for labor law services when required. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. Monthly reports have been distributed. Commission Seat I - Jim Hartman: Commissioner Hartman said he would like to let everybody know that the City of Winter Springs had an appeal handed down in our favor in the Florida Land lawsuit. The Judge over-ruled Judge Leffler's decision saying the City Charter was unconstitutional. Attorney Cook reported that Florida Land has requested the 5th District Appeals Court to re-hear and reconsider their decision. Commission Seat II - Buck Adkins: Commissioner Adkins brought up the issue of lighting of Winter Springs Boulevard from Northern Way to the Clubhouse. Mr. Alpert, representative of Winter Springs Development Corporation, said the Company basically said they would like to see a continuation of the town and country type lighting down Winter Springs Boulevard, and that the company would consider paying the difference to the City between concrete posts and town and country. He said they have their engineer reviewing the street lighting plan to see if it is acceptable and he will get back to the City. Hr. Alpert said he was quite sure he would have some type of decision within ten days. Commission Seat III - Hartin Trencher: Commissioner Trencher said this past week the Winter Springs Civic Association held a carnival that was scheduled for ten days. The Association has had plans for a Xmas parade this year. Because of the bad weather, they fell short by about $500.00 of the amount of money they will need to put this parade on. Commissioner Trencher asked the City Commission if they would consider assisting the Association with a contribution in the amount of $500.00 to make up the difference. This will be discussed at the Workshop Meeting on April 20, 1982. Commission Seat V - John Torcaso: Commissioner Torcaso said that copies have been distributed of an article that was discussed at the Council of Local Governments meeting in reference to using prisoners for week-end work. Altamonte Springs is to draw up a resolution and send it to all the cities to see if the cities would go along with the resolution and send one to all the judges in Seminole County. The biggest problem with this program is the supervision and transportation. The Council of Local Governments agreed to send a letter to the D.O.T. requesting a sign on 1-4 for Winter Springs. Regular Heeting, City Commission, April 13, 1982 Page 7 81-82-13 Hayor's Office: Mayor Piland introduced Julian Roberts, executive director of the Tri County League of Cities. Mr. Roberts said the Revenue Commission met with various representatives on the one cent sales tax to come up with a plan to feed back to the cities and hopefully he would have that information for Thursday's meeting. Hayor Piland said when we get into the budget discussions for next year we should not only look at property tax relief but some relief from utility and franchise taxes. Mayor Piland said he will be signing a proclamation for Clean up week which will be April 26 thru April 30th. Bill Jacobs, 404 S. Edgemon Ave., talked about the City actively soliciting the annexation of certain properties into the City. Dave Dearo1ph, Tuscawilla, reported that on Northern Way, the street lighting has wires going from pole to pole and he was under the impression that they were supposed to be underground. Mr. Rozansky will look into this and get back with Hr. Dearolph. Bill Jacobs, S. Edgemon Ave., said it is this time of the year the City Hanager is to be reviewed. Mayor Piland appointed a committee of Commissioner Hartman, Commissioner Adkins and Commissioner Boyd to come back with recommendations prior to the Workshop on Tuesday. Heeting was adjourned at 9:25 p.m. Respectfully submitted, ~t.Lf /. ~ Hary T. Norton, City Clerk Approved: ,MAYOR