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HomeMy WebLinkAbout1983 03 22 City Commission Regular Minutes ----- -- - - , 1982-83-14 c . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 22, 1983 The Regular Meeting was called to order Frank Kruppenbacher Martin Trencher. of the City Commission of the City of Winter Springs, Florida, by Mayor John V. Torcaso. The invocation was given by Attorney and the pledge of allegiance to the flag was led by Commissioner Roll Call: Mayor John V. Torcaso, present Deputy Mayor Buck Adkins, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Jim Hartman, present Inez Linville, present Martin Trencher, present Leanne Grove, present Motion was made by Commissioner Hartman, seconded by Commissioner Trencher to approve the minutes of March 8, 1983. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; motion carried. Public Input: Ben Kaplan, Burgos Road, discussed the high cost of utilities and asked the Commiss~on if they would send a resolution to the Legislature and the Florida League of Cities requesting a change in the Public Service Commission from an appointed body to an elected body. . Troy Piland, Walden Court, spoke to the Commission about the acquisition of the North Orlando Water & Sewer Corporation Art Harris, Sable Court, supported Ben Kaplan's request to send a resolution to the Legislature. Motion was made by Commissioner Linville that we direct the City Attorney to draw up a resolution to the Florida League of Cities and the Public Service Commission asking for an elected Public Service Commission rather than an appointed Public Service Commission. Seconded by Commissioner Hartman and amended to direct the City Manager to draw up the resolution. Discussion. Vote on the Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; motion carried. . General Agenda: Recording Plat of Oak Forest Unit 3: Unit 3 of Oak Forest will be on the north side of Winter Springs Boulevard, south of the power easement. Consists of 114 new lots. All of the documentation required by the Code has been presented, reviewed and found acceptable. We have a performance bond for the value of the unimproved work. The engineer finds the plat acceptable. There are two corrections: Tract A which is on the corner of Winter Springs Boulevard and Tuscawilla Road was shown on the preliminary plan as a park and we have asked them to change that to that designation to become a part of the Tuscawilla parks system; and the other change is that there are some lots that back up to Tuscawilla Road. We require that they dedicate the access rights to the rear of those lots to the city so that someone cannot drive off their lot directly onto the road. They have agreed to make those two changes. \ City Commission Regular Meeting, March 22, 1983 Page 2 1982-83-14 . Motion was made by Commissioner Hartman to approve the recording of the plat of Oak Forest Unit 3 with the two changes, 1. Change Tract A to a park and 2. limit access to the rear of the lots mentioned to be controlled by the City. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Request for waiver of improvements with subdivision of Lot 8, Block C, Ranches Section 1 (Trade Winds at Hayes): The City Planner explained tilat the property in question is a part of an originally platted lot in Section 1, which was platted back in 1958. Prior to the incorporation of the City the lot had two owners. The request now refers to the eastern 2/3 of the property. They wish to divide it further to create two lots out of their portion. This would then create the third lot from the original platted lot and since our lot split section refers to an originally platted single lot, I processed this as a subdivision since it meets those criteria. The perspective buyers and the realtor would prefer that you consider this as a simple lot split since the portion of the lot involved had a single owner prior to the existence of the City. The difference would be one with a lot split. They would not have to have a record plat drawn up, simply a diagram and a resolution and the other difference is that if its a simple lot split it would not be subject to your placing the requirement of paying 5% into the recreation fund on this approval. Its really up to your discretion whether or not you wish to look at this as a lot which existed at the time the City was incorporated or as the subdivision now with three lots from the originally platted single lot. . Motion was made by Commissioner Hartman that we pass this as a lot split; it is not a subdivision since it was divided before this was a City and therefore, I do not consider it a subdivision. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Resolution No. 411 vacating, abandoning and closing the utility easement over the southerly 95 feet of the easterly 5 feet of Lot 28, etc.: Motion was made by Commissioner Trencher, seconded by Commissioner Linville to adopt Resolution No. 411. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. North Orlando Water & Sewer Corp. Acquisition: Mayor Torcaso read the Memorandum from the City Manager, Richard Rozansky, Buck Adkins, Commissioner and Frank C. Kruppenbacher, City Attorney reference North Orlando Water and Sewer Corporation as follows: On March 21, 1983 we met with representatives from North Orlando Water & Sewer Corp. . At the meeting, Jim Newland, Executive Vice President for Florida Land Company, advised us that by the close of business in the second week of April 1983, his Company would tender an offer to the City for the sale of the North Orlando Water & Sewer Corp. Thereafter, his Company would seek to conclude the purchase and sale (assuming we reach agreement on price) by the end of June 1983. As the result of this meeting and the representations made therein, we recommend the City forego condemnation efforts until careful analysis and review of the offer from the Company. We will keep the Commission informed of future developments. FCK . City Commission Regular Meeting, March 22, 1983 Page 3 1982-83-14 . City Manager - Richard Rozansky: On March 10, 1983 one bid was received for new graders and Manager recommended this bid be rejected and the City re-bid this. There was discussion of going together with Longwood, but Manager Rozansky recommended against this. Manning/Personnel: Manager Rozansky reported that the ad for the Public Works Director will be in the April issue of the Florida Municipal Record and in the newspapers starting the end of next week. Iron Bridge: Manager Rozansky said there is a Transmission Authority meeting on Thursday. He said we have the approved agreement No.1 for $15,500 which has not been paid but we have not signed agreement number 2. Orlando has not signed agreement No.1 because the second agreement (3.125% for construction and engineering costs) has not been approved and signed by us. Our portion would be approximately $100,000 which would be in increments. The manager would have no trouble with the agreements if we had the transmission lines in the ground. Manager Rozansky is attempting to keep the City involved in the rerating and expansion. The rerating costs (estimated) for Winter Springs would be approximately.80 per gallon for 125,000 gal. (3.125 x 4 MGD = 125,000 x .80 = $100,000). This could be on line in eight months. Expansion costs will be considerably more, probably $4.00 per gallon. However, in order to remain in the expansion an entity must participate in the re- rating. The Manager is trying to work something out to insure the City can keep as many options open as available. . Monthly reports have been distributed. There was a discussion of the hours of the prisoner release program and the Commission asked for a report at the next meeting. City Attorney Kruppenbacher said he received a letter from the law firm of Lowndes, Drosdic, Doster and Kantor representing Nicholas A. Pope, Trustee, in the Pope vs. Winter Springs matter. Mr. Higgins has tendered on behalf of his client a proposed settlement of the dispute that gives to the Commission nine additional assurances that they feel may not have been brought to your attention in the past, or in the alternative in their effort to resolve the dispute. We are scheduled for an appellate hearing on this Monday at 3:30 p. m. I think in order for you to consider this we need to put it on the agenda formally and have you review it (I will give you copies of this), and decide whether or not what they are offering is sufficient for you to change your previous decision. If you are not interested I need to advise tomorrow and just go to the hearing. My recommendation to you would be, we are not losing anything by telling them we will listen to them and in fact maybe saving the City some money and we propose to you that we at least give them the opportunity to propose the offer. Attorney Kruppenbacher recommended the Commission authorize him to ask for a continuation of this hearing in order for the Commission to have an opportunity to discuss it at the next meeting. Motion was made by Commissioner Trencher, seconded by Commissioner Adkins, to authorize the City Attorney to ask for a continuation of the Hearing. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; motion carried. . City Commission Regular Meeting, March 22, 1983 Page 4 1982-83-14 . Attorney Kruppenbacher said he has listened to the tapes of the meeting where the Winter Springs Elderly Communities, Inc. was discussed. He said it is apparent from the tapes we agreed to pay the fees but get them back from the partners with personal liability who were involved in the Elderly Communities. In the agreement it calls for a basic accounting at the end of this month in which, if it doesn't go through everybody pays up and we would be dealing with the Elderly Communities in an effort to have them pay Mr. Jones directly and keep the City out of it. If not, it may be necessary for us to take other steps and I will keep you apprised. Commission Seat I - Jim Hartman: Commissioner Hartman asked that the performance review form be changed to total ten. Commissioner Adkins was not in favor of using the form. Manager Rozansky also opposed the use of the form. Discussion followed. Attorney Kruppenbacher said he would furnish the Commission with the ways that other cities deal with evaluations at the next meeting. Motion was made by Commissioner Hartman to wait for the first meeting in April for the City Manager's evaluation. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, no; Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, no; motion carried. Commission Seat III - Inez Linville: Commissioner Linville asked the City Manager about the Burger King proposal. Manager Rozansky said he told them to contact the service clubs in the City. Commissioner Linville asked about the municipal complex. Manager Rozansky said he ~ would be giving the Commission a copy of the Ad later next week. Commissioner Linville asked about the Tuscawilla parks. The City Planner explained that as soon as the zoning revision is completed, it will be brought back up. Mr. Hatfield and the Homeowners Association have been talking with Mr. Alpert about the park situation. Commission Seat IV - Martin Trencher: Commissioner Trencher thanked the City Manager for following up on the 911 system. Commission Seat V - Leanne Grove: No report. Mayor's Office: Mayor Torcaso said there will be a Workshop Meeting on March 29, at 7:30 p. m.; a Chamber luncheon at 12 noon on March 28; a Tri County luncheon on March 31st at the Expo center in Orlando. April 7th is the Mayor's Prayer Breakfast at the Orlando Civic Center. Meeting was adjourned 8:54 p. m. Respectfully submitted, , /' J d,-L lJ~ V. TORCASO Ij Inw,~~ Mary T. Norton, City Clerk . ApprovE-d: ,MAYOR