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HomeMy WebLinkAbout1983 07 12 City Commission Regular Minutes ~. . . . ~ 82-83-22 ~ . CITY COMMISSION CITY OF WINTER SPRINGS JULY 12, 1983 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso. 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 Bill Jacobs, present Leanne Grove, present The invocation was given by Commissioner Jim Hartman and the pledge of allegiance to the flag was led by Commissioner Bill Jacobs. Motion was made by Commissioner Jacobs, seconded by Commissioner Linville to approve the minutes of June 28, 1983. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Public Input: Mr. Howard McDougall, Mockingbird Lane, spoke about the lack of roads leading out of the Ranchlands to get to Highway 434. In his area, Hayes Road is the only road out. Jay Alpert, Winter Springs Development Corp. asked that Units 12 and 13 be discussed after the discussion of sidewalks. . Parks/Retention Area-Panama/Fruitwood: The City Attorney said the City has two options- convey the land to the homeowners surrounding this particular pond and take back from them easements for right-of-ways to maintain the pond, etc. Or the Commission can decide not to convey the property and take into consideration the concerns the City Staff has about the maintenance of the pond. It is the City Staff's recommendation the property not be conveyed, because this is a drainage pond that they feel is part of the drainage system. Attorney Hal Dekle representing the property owners presented a rough draft of a proposed resolution to be reviewed by the Commission. Attorney Kruppenbacher said the issue tonight to be decided by the Commission was in concept, does the Commission want to convey the property to the homeowners, and if so, then direct him and Attorney Dekle to draw up an agreement. Mark Cliburn, S. Edgemon Ave., Cindy Kaehler, Mimosa Court and Mary Adessa, Panama Road, all spoke in discussion. Motion was made by Commissioner Hartman that we deed the property over to the adjoining property owners with the entire area being an easement if the City should ever need to clean out the lake which we heard from our City Engineer that we have never done before, and that these easements where the pipes are be used as a thoroughfare if we ever need to get down in there. Our City Attorney get with Mr. Dekle and work up a proper resolution to be presented to us. Seconded by Commissioner Adkins for discussion.Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, no; motion carried. . . , . City Commission Meeting, July 12, 1983 Page 2 82-83-22 Request of National Homes Corporation for vacation of that portion of Wildwood Drive on Florida Power Corporation easement: The City Planner explained that a portion of the Wildwood P.U.D. that is already platted includes Wildwood Drive extending across the Florida Power easement. Recently the Commission approved an amendment to the plan to create a mixed multi-family and commercial development, and this power easement is included in that portion. The Commission was asked for their conceptual approval to vacate that portion of Wildwood Drive in order that a public hearing could be set up. Motion was made by Commissioner Hartman to let them go ahead with this. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Comprehensive Sidewalk Plan: This item was discussed at the last meeting, and was placed on this agenda for action. Manager Rozansky said he contacted the owner of the Tennis Villas in reference to the installation of sidewalks down Winter Springs Boulevard and down Tuscora. Their response was negative. Manager Rozansky said he is sending a letter to the Developer, and if he does not comply he will not be given any final inspections. . Manager Rozansky said he talked with the owners of Unit I of Tuscany Place, which will probably go back to the bank. Winter Springs Development is in the process of selling Units 2 and 3, and there was indication that the potential buyer would not be against putting in sidewalks. However, Manager Rozansky did not know when. Commissioner Adkins felt the City should put in the sidewalks around Tuscany Place ($4.00 a foot) and at a point in time when the decision of whether to buy or not to buy Tuscany Place by an outside builder is decided the City should request payment at that time. Jay Alpert, Winter Springs Development Corporation, said that Winter Springs Development Corp. is going ahead with the sale of that property. If the new owner is not in there Winter Springs Development Corp. would put in the sidewalks and work it out with the new owner. Mr. Alpert said they would commit to Unit 2, if the Developer does not do it, they would do it, but not in front of the existing Tuscany Place which is owned by Goehring. Mr. Alpert estimated about 1,000 feet is owned by Mr. Goehring. Attorney Kruppenbacher suggested the possibility of assessments, and said he would look into that. Art Harris, Sable Court and L. Cerra, Blue Spruce Court, spoke in discussion. Mr. Alpert said this proposal addresses alterations to the City Code on three streets: Trotwood, Northern Way and Winter Springs Boulevard. Every other street in Tuscawilla will have to have sidewalks on both sides. Motion was made by Commissioner Hartman that we accept this sidewalk presentation dated June 28, 1983 as it is. Seconded by Commissioner Adkins for discussion. Motion was amended by Commissioner Hartman, seconded by Commissioner Adkins, that,we accept this plan with the two attached letters dated June 24th and June 28th, 1983, and also, any new developments on any of these three streets and any new streets will have sidewalks on both sides of the street. Discussion. Vote on the motion as amended: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. . ~ . , . City Commission Meeting. July 12. 1983 Page 3 82-83-22 Units 12 & 13. Tuscawilla: Mr. Jay Alpert. Winter Springs Development Corp. said the Commission gave W.S.Develop- ment permission to handle the road network. the pipes. but there were three issues: 1. sidewalks in 12 and 13. which was agreed to just now; 2. situation on the development of a park. which was tabled; and 3. discussion on the drainage retention areas. Mr. Alpert said he would like to bring up a few points for discussion because there are some things the Staff has to research and present to the Commission. and he wanted to state his position. The main thing is the drainage retention areas. Within Tuscawilla there are drainage retention areas treated several ways. Most are owned by the residents and the residents own to the center of them. They maintain them and the City has the responsibility to get in there. Where it is a nice lake everybody maintains it beautifully; when you have drainage retention areas in their natural state. most of the time they grow over. they are not maintained and these areas accept the runoff from the streets into those areas. Someone has to go in there regularly and make sure they are accepting the water, and make sure they are in good repair. What normally happens in situations like this where the City doesn't own them and isn't liable for them, you don't find out that they are not in good repair until you have a bad storm and they flood. Most cities, Orange County, Seminole County require that all drainage retention areas be owned by that governmental entity. They want to own them. . The City has to decide on a policy as to what they want to do with drainage retention areas, and rather than making this retention area a part of their lot, we made it as a tract and we are planning on dedicating it to the City. The Commission has to decide whether you want it or not. We don't want to come up for Plat approval and have a discussion then. It is a small area, about half an acre, 4 to 5 feet deep. Mr. Alpert said that Winter Springs Development would probably be asking for plat approval within 30 days. City Manager - Richard Rozansky: Mr. Philip McKissick of Morton Lane discussed his problem with the Commission. He said he did not know why the excavator of Wander Lake was not abiding by the master plan, and he asked the Commission to give their support to Mr. Rozansky and Mr. Cooper. to see that the excavator will abide by the master plan. FY83/84 Budget: Manager Rozansky said he is estimating a $400.000 fund balance. He said if you add the revenues and expenditures you will find we are short $130,329.00 and there will have to be some cuts in spending. The Ad Valorem figure of $297.719 is generated from a recommended 1.3284 mills. This would represent a 115% increase over the roll back rate. The roll back rate is 1.153 which would generate $258.000. To get this 115% would require a majority plus one vote. We can go 108% which would generate $279.000 with a simple majority. Utility Taxes estimate is $196,000. about a 10% increase. Manager Rozansky said we need to discuss salaries at a Workshop Meeting; there is a 5% cost of living and 2% longevity in the line codes. The pension money in there is $35,000-44,000.00; road and capital improvements - $107.489, includes what we anticipate getting in from our 1979 Bond Issue plus that 57.1 Reserve; Federal Revenue Sharing we anticipate getting 4l,705.00;recreation $9.100; on the municipal complex the list has been narrowed down to 7 who will be asked in for interviews, and that list will be narrowed down to three firms. Then the names of the three firms will be presented to the Commission and they will select the one to be accepted. . . . . City Commission Meeting, July 12, 1983 Page 4 82-83-22 Commission Seat I - Jim Hartman: Commissioner Hartman said there is a cave-in on the end of South Edgemon near Sunrise Avenue and asked that that be repaired. Commission Seat II - Buck Adkins: Commissioner Adkins asked that the discussion of landfill in commercial and residential areas and the City Commission's definition of littering be on the next agenda. Commission Seat III - Inez Linville: Commissioner Linville asked if there was anything new on the purchase of North Orlando Water & Sewer Corpo~ation. Attorney Kruppenbacher said that NOWSCO is still waiting for their pending rate increase the end of this month. Commission Seat IV - Bill Jacobs: No report. Commission Seat V - Leanne Grove: No report. Mayor's Office: Mayor Torcaso appointed Bill Jacobs to the Seminole Community Action Board of Directors. Mayor Torcaso asked that a resolution be drawn up opposing the consolidation/annexation policy in the State of Florida. ~ Meeting was adjourned at 10:06 p. m. . Respectfully submitted, ~;-- ~ Mary T. Norton, City Clerk Approved: I ~ '; li'.~t:~ !I~J~J fiOHN V! TORCASO ,MAYOR 82-83-22 CITY COMMISSION CITY OF WINTER SPRINGS JULY 12, 1983 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso. 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 Bill Jacobs, present Leanne Grove, present The invocation was given by Commissioner Jim Hartman and the pledge of allegiance to the flag was led by Commissioner Bill Jacobs. Motion was made by Commissioner Jacobs, seconded by Commissioner Linville to approve the minutes of June 28, 1983. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Public Input: Mr. Howard McDougall, Mockingbird Lane, spoke about the lack of roads leading out of the Ranchlands to get to Highway 434. In his area, Hayes Road is the only road out. Jay Alpert, Winter Springs Development Corp. asked that Units 12 and 13 be discussed after the discussion of sidewalks. Parks/Retention Area-Panama/Fruitwood: The City Attorney said the City has two options- convey the land to the homeowners surrounding this particular pond and take back from them easements for right-of-ways to maintain the pond, etc. Or the Commission can decide not to convey the property and take into consideration the concerns the City Staff has about the maintenance of the pond. It is the City Staff's recommendation the property not be conveyed, because this is a drainage pond that they feel is part of the drainage system. Attorney Hal Dekle representing the property owners presented a rough draft of a proposed resolution to be reviewed by the Commission. Attorney Kruppenbacher said the issue tonight to be decided by the Commission was in concept, does the Commission want to convey the property to the homeowners, and if so, then direct him and Attorney Dekle to draw up an agreement. Mark Cliburn, S. Edgemon Ave., Cindy Kaehler, Mimosa Court and Mary Adessa, Panama Road, all spoke in discussion. Motion was made by Commissioner Hartman that we deed the property over to the adjoining property owners with the entire area being an easement if the City should ever need to clean out the lake which we heard from our City Engineer that we have never done before, and that these easements where the pipes are be used as a thoroughfare if we ever need to get down in there. Our City Attorney get with Mr. Dekle and work up a proper resolution to be presented to us. Seconded by Commissioner Adkins for discussion.Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, no; motion carried. City Commission Meeting, July 12, 1983 Page 2 82-83-22 Request of National Homes Corporation for vacation of that portion of Wildwood Drive on Florida Power Corporation easement: The City Planner explained that a portion of the Wildwood P.U.D. that is already platted includes Wildwood Drive extending across the Florida Power easement. Recently the Commission approved an amendment to the plan to create a mixed multi-family and commercial development, and this power easement is included in that portion. The Commission was asked for their conceptual approval to vacate that portion of Wildwood Drive in order that a public hearing could be set up. Motion was made by Commissioner Hartman to let them go ahead with this. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Comprehensive Sidewalk Plan: This item was discussed at the last meeting, and was placed on this agenda for action. Manager Rozansky said he contacted the owner of the Tennis Villas in reference to the installation of sidewalks down Winter Springs Boulevard and down Tuscora. Their response was negative. Manager Rozansky said he is sending a letter to the Developer, and if he does not comply he will not be given any final inspections. Manager Rozansky said he talked with the owners of Unit I of Tuscany Place, which will probably go back to the bank. Winter Springs Development is in the process of selling Units 2 and 3, and there was indication that the potential buyer would not be against putting in sidewalks. However, Manager Rozansky did not know when. Commissioner Adkins felt the City should put in the sidewalks around Tuscany Place ($4.00 a foot) and at a point in time when the decision of whether to buy or not to buy Tuscany Place by an outside builder is decided the City should request payment at that time. Jay Alpert, Winter Springs Development Corporation, said that Winter Springs Development Corp. is going ahead with the sale of that property. If the new owner is not in there Winter Springs Development Corp. would put in the sidewalks and work it out with the new owner. Mr. Alpert said they would commit to Unit 2, if the Developer does not do it, they would do it, but not in front of the existing Tuscany Place which is owned by Goehring. Mr. Alpert estimated about 1,000 feet is owned by Mr. Goehring. Attorney Kruppenbacher suggested the possibility of assessments, and said he would look into that. Art Harris, Sable Court and L. Cerra, Blue Spruce Court, spoke in discussion. Mr. Alpert said this proposal addresses alterations to the City Code on three streets: Trotwood, Northern Way and Winter Springs Boulevard. Every other street in Tuscawilla will have to have sidewalks on both sides. Motion was made by Commissioner Hartman that we accept this sidewalk presentation dated June 28, 1983 as it is. Seconded by Commissioner Adkins for discussion. Motion was amended by Commissioner Hartman, seconded by Commissioner Adkins, that, we accept this plan with the two attached letters dated June 24th and June 28th, 1983, and also, any new developments on any of these three streets and any new streets will have sidewalks on both sides of the street. Discussion. Vote on the motion as amended: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Cowmissioner Hartman, aye; motion carried. City Commission Meeting, July 12, 1983 Page 3 82-83-22 Units 12 & 13, Tuscawilla: Mr. Jay Alpert, Winter Springs Development Corp. said the Commission gave W.S.Develop- ment permission to handle the road network, the pipes, but there were three issues: 1. sidewalks in 12 and 13, which was agreed to just now; 2. situation on the development of a park, which was tabled; and 3. discussion on the drainage retention areas. Mr. Alpert said he would like to bring up a few points for discussion because there are some things the Staff has to research and present to the Commission, and he wanted to state his position. The main thing is the drainage retention areas. Within Tuscawilla there are drainage retention areas treated several ways. Most are owned by the residents and the residents own to the center of them. They maintain them and the City has the responsibility to get in there. Where it is a nice lake everybody maintains it beautifully; when you have drainage retention areas in their natural state, most of the time they grow over, they are not maintained and these areas accept the runoff from the streets into those areas. Someone has to go in there regularly and make sure they are accepting the water, and make sure they are in good repair. What normally happens in situations like this where the City doesn't own them and isn't liable for them, you don't find out that they are not in good repair until you have a bad storm and they flood. Most cities, Orange County, Seminole County require that all drainage retention areas be owned by that governmental entity. They want to own them. The City has to decide on a policy as to what they want to do with drainage retention areas, and rather than making this retention area a part of their lot, we made it as a tract and we are planning on dedicating it to the City. The Commission has to decide whether you want it or not. We don't want to come up for Plat approval and have a discussion then. It is a small area, about half an acre, 4 to 5 feet deep. Mr. Alpert said that Winter Springs Development would probably be asking for plat approval within 30 days. City Manager - Richard Rozansky: Mr. Philip McKissick of Morton Lane discussed his problem with the Commission. He said he did not know why the excavator of Wander Lake was not abiding by the master plan, and he asked the Commission to give their support to Mr. Rozansky and Mr. Cooper, to see that the excavator will abide by the master plan. FY83/84 Budget: Manager Rozansky said he is estimating a $400,000 fund balance. He said if you add the revenues and expenditures you will find we are short $130,329.00 and there will have to be some cuts in spending. The Ad Valorem figure of $297,719 is generated from a recommended 1.3284 mills. This would represent a 115% increase over the roll back rate. The roll back rate is 1.153 which would generate $258,000. To get this 115% would require a majority plus one vote. We can go 108% which would generate $279,000 with a simple majority. Utility Taxes estimate is $196,000, about a 10% increase. Manager Rozansky said we need to discuss salaries at a Workshop Meeting; there is a 5% cost of living and 2% longevity in the line codes. The pension money in there is $35,000-44,000.00; road and capital improvements - $107,489, includes what we anticipate getting in from our 1979 Bond Issue plus that 57.1 Reserve; Federal Revenue Sharing we anticipate getting 41,705.00;recreation $9,100; on the municipal complex the list has been narrowed down to 7 who will be asked in for interviews, and that list will be narrowed down to three firms. Then the names of the three firms will be presented to the Commission and they will select the one to be accepted. City Commission Meeting, July 12, 1983 Page 4 82-83-22 Commission Seat I - Jim Hartman: Commissioner Hartman said there is a cave-in on the end of South Edgemon near Sunrise Avenue and asked that that be repaired. Commission Seat II - Buck Adkins: Commissioner Adkins asked that the discussion of landfill in commercial and residential areas and the City Commission's definition of littering be on the next agenda. Commission Seat III - Inez Linville: Commissioner Linville asked if there was anything new on the purchase of North Orlando Water & Sewer Corpo~ation. Attorney Kruppenbacher said that NOWSCO is still waiting for their pending rate increase the end of this month. Commission Seat IV - Bill Jacobs: No report. Commission Seat V - Leanne Grove: No report. Mayor's Office: Mayor Torcaso appointed Bill Jacobs to the Seminole Community Action Board of Directors. Mayor Torcaso asked that a resolution be drawn up opposing the consolidation/annexation policy in the State of Florida. Meeting was adjourned at 10:06 p. m. Respectfully submitted, ~/, ~~ Mary T. Norton, City Clerk Approved: I ..~ II ~ d;-.vV 1/ \ (;~~r l' Ji '- ~OHN V. TORCASO ,MAYOR