HomeMy WebLinkAbout1991 03 11 City Commission Regular Minutes
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REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
MARCH 11, 1991
The Regular Meeting of the City Commission of the City of Winter Springs, Florida,
was called to order by Mayor Philip A. Kulbes at 7:30 p.m.
Roll Call:
Mayor Philip A. Kulbes, present
Deputy Mayor Paul P. Partyka, present
City Manager Richard Rozansky, present
City Attorney Frank Kruppenbacher, present
Commissioners:
Cindy Kaehler, present
Don Jonas, late
John Langellotti, absent
Terri Donnelly, present
For the invocation Deputy Mayor Paul P. Partyka asked for a moment of silent prayer.
The pledge of allegiance to the flag was led by Commissioner Terri Donnelly.
There were no additions or corrections to the minutes; the minutes stand approved as
presented.
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Public Comment:
Dan Wood, Managing General Partner and real estate broker for both Winter Springs
Partners, Ltd., the owners of the golf course, and Deutschmark Golf Properties, the
owners of various residential and commercial parcels adjoining the course, read the
following letter:
1) During the past week, I negotiated with and accepted an offer from a qualified
buyer for the purchase of everything owned by the two partnerships which I represent.
In short, they have met our asking price for the basic deal being considered by the
City, and have also offered us a fair price for the remaining 6.74 commercial acres
and reimbursement for water and sewer capacity that Deutschmark owns via a Developer's
Agreement with the City. The buyers have assured me that their intention is to keep
the course open to the public. In view of these developments, I feel it would be in-
appropriate for City officials to spend further time and effort in researching
potential ownership of the Golf Club.
2) Obviously, my partners and I have always preferred to sell off all of our assets
to the same buyer. We assume that the actual transfer of ownership will proceed
smoothly within the next 45-60 days, and Mr. Rozansky has assured us there will be
a routine transfer of the current mutually-beneficial effluent disposal agreement
to the new owners. We would like to thank Mr. Doug Taylor, Mr. Tom Wise, and their
staff for their assistance during the last 5~ years with the disposal of treated
wastewater through our irrigation system. Thanks also to Mr. Gil Artman for his
total cooperation with our Superintendents.
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3) I would also like to thank all of the City Commissioners, both last year's and
this year's, for their time and effort in examining various financing proposals
and the feasibility of City ownership of the course. My special thanks go to
Mayor Kulbes and ex-Commissioner Jacobs, who have always been aware of how much
money the City might have made if the City had purchased the course at any time
during the last 14 years. And, at a time when the City is not in a position to
raise bond money, I think Mr. Tom Binford should be thanked for educating all
of us about the benefits of a 20-year Lease/Purchase Agreement which would
include virtually no financial risk for the City. I totally respect the City's
decision on Feb. 11 not to proceed further until you can examine an independent
appraiser's report.
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Regular Meeting, City Commission, March 11, 1991
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4) If for some reason the agreement with this buyer does not proceed to closing,
my personal preference would still be to sell the course to the City or County,
provided we do not receive another acceptable offer for both the course and all
commercial land parcels. On behalf of all the limited partners and the three
other general partners, I thank you again for considering the purchase of our
course. Signed Daniel P. Wood, Managing General Partner.
Mr. Wood also thanked Staff members for their cooperation.
John Ferring, Baltic Lane, spoke about the Pension Plan, and the trustees for the
Pension Plan. City Attorney Kruppenbacher recommended these comments be transmitted
to Attorney Meade, the City's Attorney for the Pension Plan.
Bill Jacobs, S. Edgemon Ave., also spoke in regard to the Pension Plan.
General Agenda
First Public Hearing Prior to Transmittal of 1991 Comprehensive Plan to State of
Florida for Review and Comment:
Mayor Kulbes recessed the Commission Meeting and opened the public hearing.
Jacqueline Koch, the City Planner, said that to gain public input into the Plan, the
Planning & Zoning Board spent six months in 1990 from April to September, inviting
the various neighborhoods of the City in to get their comments. their opinions on
what they want the future of the City to be and any problems in their area and the
issues they wanted to stress. In developing the Plan, we did add very significant
. public comment input.
The City Planner explained the land uses are not significantly different than those
already in existence and those used by most local governments. The major change in
the Land Use Categories on the new map is that the category that would provide for
affordable housing is more widely distributed in the City. Where we look for new
areas for housing we are suggesting that the land use and zoning of that property
be such that affordable housing can be built and this is based on one of the
requirements of the Growth Management Act and the State Comprehensive Plan, that we
make a concerted effort to increase the supply of affordable housing.
As was discussed in Workshops, based on the median family income in the Orlando
area of $38,000 per year, that would translate to approximately an $80,000 to $90,000
dollar home and in the past in the last decade in Winter Springs the trend has been
to the more luxurious, more expensive housing. The State is asking all the jurisdictions
to sort of reverse the trend and to come back to developing housing neighborhoods that
are more affordable to the first time homebuyers and the elderly.
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Miss Koch explained one of the major requirements in the Land Use Map is that we
assure that we have designated enough area to provide for the population we anticipate
through the next twenty years based on projections from the University of Florida
that show the population growth for the area and the distribution all around the State.
They show for Seminole County and our area that we can expect in the next six years
another 30% growth in population and from 1996 to 2010 things will taper off. There
will be approximately another 30% growth but over a longer time period, so we have
probably gone through the peak in the 70's, and we were still growing quite rapidly
in the 80's, we are slowing down a little in the 90's and tapering off to about 2%
growth in the decade of 2000 to 2010.
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Regular Meeting, City Commission, March 11, 1991
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Miss Koch explained in looking at whether we can provide housing for the population
growth at least until 1996, we took into consideration all the requirements for
housing as a requirement of the Growth Management Act. You must be able to verify
the services for the population increase, so in looking at the population distribution
that you have on your projections for 1996, we included only those areas that have
assigned sewer capacity. This is the major obstacle to growth in the City.
Everything else up to now we have been able to provide.
Miss Koch said that with the approved areas in Tuscawilla and the areas in the
western area of the City, plus the Eagle Ridge area that have approved capacity
purchased and reserved, we can accommodate the 7,000 people that we are required to
be able to support in the next six years.
Looking at the growth we expect the increase to be mainly in Tuscawilla. The last half
of the 1980's most of the growth was in the Tuscawilla area. We have had limited
growth in the west side. We are in the verge of some growth in the center of the
City when that property becomes marketable. So we see a trend of the City growing,
the west side is filling in and Tuscawilla is filling in. We are left with an area
in the center that we need to bring together in order to form a cohesive city and
that brings us into traffic circulation.
Miss Koch asked if there were any questions.
David Hopkins, Chairman of the Planning & Zoning Board, explained this Comprehensive
Land Plan is our map into the future. He said this year there is a concurrency
doctrine that we must adhere to and what that doctrine says is that we must pay for
the infrastructure and for the services provided to the residents as it grows and
develops.
This Comprehensive
the next 20 years.
be amended twice a
Plan is looking at the next 5
So it is very important that
year.
years specifically and eventually
this is done right. The Plan can
Mr. Hopkins went on to explain that they have had meetings with people from the
various areas of the city. They have also called in traffic consultants, water
and sewer engineers and the Board of Education. Mr. Hopkins spoke about the
various problems with traffic and recreation.
Mr. Bill Haines, Sunrise Ave., asked about the traffic circulation plan.
The City Planner then discussed traffic circulation. She pointed to the map showing
the existing roads and the proposed roads. She said the Expressway is expected to
be open here at S.R. 434 in early 1994. The widening of S.R. 434 from S.R. 419 to
Tuscawilla Road is being scheduled for 1995-1996. The four-laning of S.R. 434 and
the Expressway are going to funnel a great deal of traffic through the City and the
traffic volume is what will create business along S.R. 434. She said we want to
plan now to create standards for that business development so that we can avoid some
of the problems along state roads elsewhere in the County. The widening of Tuscawilla
Road is still a little uncertain.
There is going to be a dramatic change in what goes on in Winter Springs because of
the volume of traffic and changing traffic patterns. Until that time we are still
in a situation we only have one way to go east/west and north/south.
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Regular Meeting, City Commission, March 11, 1991 Page 4 90-91-11
Miss Koch explained the priority is to create another north/south and east/west
route so that we are not totally dependent on two lane roads. The highest priority
that is being studied is connecting Shore Road down to Lake Drive. All the City
projects are funded by City impact fees or funded by development.
Mr. Ferring, Baltic Lane, spoke in discussion.
The City Planner explained we need to make an effort to provide affordable housing
and also take steps to renovate and reclaim some of the original areas of the City.
She said we are also looking at the possibility of requiring upgrade of the structures
to meet the current Code.
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Miss Koch said we are looking at parks allover the City. There are two levels of
parks based on what the Department of Natural Resources defines parks as, and they
would call our Super Park a community park because it is intended to serve the whole
area and by virtue of the fact that we are developing that with money that we already
acquired for bonding in our Capital Improvements Program, we are well covered on parks
and recreation. There is enough development on Phase II that this can be considered
a developed park. Even if we looked at the 30,000 population projected for 1996, we
are providing two acres of community park for 1,000 people. Miss Koch said we have
a neighborhood park in Tuscawilla that is accessible safely by the people who live
on the east side of Tuscawilla Road. We have Sunshine Park which is fairly accessible
on the northwestern side. The only problem is there is no park in the southwestern
section of the City. When Eagle Ridge is built there will be a 20 acre park in that
area. The plan proposes the purchase of land in the southwest section within the short-
term so that open play areas are available there so youngsters do not have to cross S.R.
434 to go to Sunshine Park for informal games. Cindy Gennell, Wildwood, asked about the
City acquiring property on Shepard Road for a park.
Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Mayor
Kulbes announced that on March 18th is the next public hearing and then on March 25th
the Commission will vote to transmit the plan to the Department of Community Affairs.
Request of Mitchell Company for a l2-month extension to the approved plan for Parcel
51, (Tuscawilla PUD):
The Land Development Coordinator, Don LeBlanc, explained Parcel 51 is that parcel
across from Georgetowne between Country Club Village and the Country Club. Final
engineering was approved for the 190 plus condominium units on March 26, 1990. Mr.
Don McIntosh explained that his Firm has been representing the Hooker Company as
owners of the property and subsequently the Mitchell Company as contract holders,
purchasers of the property. He said it was their hope that the Commission might see
this condition run with the property rather than having it being contingent on any
specific person with the specific understanding that the extension of the approval
is specific to the plan that has been provided to the City and that has been reviewed
in detail by City Staff and approved subsequent to that review on March 26, 1990.
Mr. McIntosh said he firmly believes and represent to you that there is no jeopardy
associated with making that condition run with the property and specific to the plans.
The property is the 196 unit condominium project on 16 acres that has been approved on
March 26, 1990, and since that time there have been a number of market and lender
constraints that have led to the project not starting as scheduled. This request for
a one year extension will facilitate the closing of the property and the construction
of the proposed facilities.
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Regular Meeting, City Commission, March 11, 1991
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Mr. Chuck Stefan, Vice President of the Mitchell Company, explained his company has
been caught in the financing crunch.
Motion was made by Commissioner Kaehler to approve the 12 month extension for Parcel
51 as requested by the Mitchell Company. Seconded by Commissioner Donnelly. Discussion.
Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner
Donnelly, aye; Commissioner Partyka, no; motion carried.
Fiscal Year 1989-90 Audit Report:
Manager Rozansky said the auditors are present to present the audit for the Commission
to accept. Christine Hill, partner with the firm of Coopers & Lybrand spoke to the
Commission. With her was Scott Packert, manager assigned to this engagement.
She said the opinion on the Financial Statements which appear on Page 1 is what is
referred to in the trade as an unqualified opinion. That is, in essence, the best
opinion the City can receive, and what it says is that based on the work performed,
they believe that the Financial Statements are fairly presented in all material
respects. She said the audit was conducted in compliance with all the generally
accepted auditing standards and government auditing standards. It also meets all the
requirements of the Rules of the Auditor General, and will be forwarded to the Auditor
General.
Mr. Bill Jacobs, S. Edgemon Ave., spoke in discussion of the audit.
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Motion was made by Commissioner Partyka
subject to comments on these questions.
Vote on the motion: Commissioner Jonas,
Partyka, aye; Commissioner Kaehler, aye;
that we accept this report from the Auditor
Seconded by Commissioner Kaehler. Discussion.
aye; Commissioner Donnelly, aye; Commissioner
motion carried.
Acceptance of Private Streets in Wildwood:
Land Development Coordinator, Don LeBlanc, said the streets are Brentwood Drive and
the East/West axis of Meadowbrook Drive and were originally platted as private streets
in the Wildwood Planned Unit Development. This item was discussed on the June 25, 1990
Commission meeting. Manager Rozansky said we are recommending acceptance of the
streets.
Motion was made by Commissioner Partyka to accept the private streets in Wildwood.
Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner
Donnelly, aye; Commisisoner Partyka, aye; Commissioner Kaehler, aye; Commissioner
Jonas, aye; motion carried.
Mayor Kulbes called a 10 minute recess at 9:15 p. m. and called the meeting back to
order at 9:25 p. m.
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City Manager Richard Rozansky:
Proposal to assist with City of Winter Springs Transportation Concurrency Ordinance-
Tipton Associates:
The City Planner explained the reason this is being proposed is because concurrency is
one of the new parts of the planning legislation and we have to be able to decide when
and when not to permit development that would impact the road that is over the level of
capacity that is set by the jurisdiction. Miss Koch said we think it would be safe to
follow this procedure to have a concurrency management study done and an ordinance drawn
up that we can depend on.
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Mr. Tipton was present and spoke to the Commission. He said he would expect to
complete the technical work in about four weeks for the City Staff and Attorney
to review. Following receipt of their comments complete the report within three
days following that.
Motion was made by Commissioner Kaehler to accept the proposal of Tipton Associates
to help with the Transportation Concurrency Ordinance subject to legal approval.
Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner
Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner
Donnelly, aye; motion carried.
Seminole County Library Impact Fee:
Manager Rozansky said he has provided the Commission with the documentation that
has been received from Seminole County regarding the library impact fee. He said
they are asking the City to provide any formal comments on the proposed library
impact fee. Manager Rozansky said Seminole County also mentioned in their letter
that they envision that the assessment and collection of a Library Impact Fee
would be through mailed notices as is now the case with the Road Impact Fee.
Manager Rozansky suggested leaving it that way.
Commissioner Kaehler suggested we send a comment that we would like to see a library
built in Winter Springs inasmuch as we have x number of population and figure it out
how much we would be contributing to it.
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Resolution No. 661 appointing Trustees to the Board of Trustees, etc.:
Motion was made by Commissioner Kaehler to table. Seconded by Commissioner Partyka.
Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner
Donnelly, aye; Commissioner Partyka, aye; motion carried.
The Commission requested copies of the Pension Plan for their information and review.
Report on Disposition of Drums:
Manager Rozansky reported we are in the process of having the drums sampled. The
area has been cordoned off. Manager Rozansky will report back to the Commission.
Project Requirements for Water and Sewer Refunding Issue:
Manager Rozansky provided the Commission with a list of requirements for the water
and sewer refunding issue. Mr. Akers was present and spoke about the three alternatives,
Alternative I-Level Savings, Refund Series 1985 Bonds with equal annual debt service
savings, final maturity 2014; Alternative II-Refunding plus new money; Refund Series
1985 Bonds keeping the Debt Service the same but taking savings up front by issuing
additional Bonds, Final Maturity 2014 and Alternative III-Refunding Plus New Money,
Extending life to 2021, same as Alternative II but extend the life of issue to 2021
to increase new money. Terry Zaudtke, CPH, was also present.
Motion was made by Commissioner Partyka that we proceed with refunding with Option
III that is refunding plus new money on an extended plan. Seconded by Commissioner
Jonas. Discussion. In discussion Commissioner Jonas asked are we voting on proposal
III and Mr. Akers doing the Bonding? Mayor Kulbes answered yes. Vote on the motion:
Commissioner Jonas, aye; Commissioner Donnelly, no; Commissioner Partyka, aye;
. Commissioner Kaehler, aye; motion carried.
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Florida Power Distribution Easement:
Motion was made by Commissioner Kaehler that we accept the Florida Power Corporation
Distribution Easement as presented by Staff. Seconded by Commissioner Jonas. Discussion.
Vote on the motion: Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner
Kaehler, aye; Commissioner Jonas, aye; motion carried.
Attorney Kruppenbacher said he prepared a resolution waiving the water and sewer
service bill for the members of the Armed Forces while engaged in Operation Desert
Storm who are the head of a household or the spouse of the head of the household.
Motion was made by Commissioner Kaehler to place Resolution No. 662 on the Agenda.
Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Kaehler,
aye; Commissioner Jonas, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye;
motion carried.
Attorney Kruppenbacher read Resolution No. 662 by title only. (A Resolution of the
City of Winter Springs, Florida, providing for the release of the financial obliga-
tions of certain members of the United States Armed Forces to pay for City water
and sewer services during the Persian Gulf crises known as "Operation Desert Storm";
providing for conflicts and effective date.)
Motion was made by Commissioner Jonas to approve Resolution No. 662. Seconded by
Commissioner Partyka. Discussion. Vote on the motion: Commissioner Jonas, aye;
Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye;
motion carried.
Commission Seat I - Cindy Kaehler:
Commissioner Kaehler asked about the survey she received on recycling. She also
asked if they are ever going to get on a schedule and also picking up other kinds
of paper and plastics.. Manager Rozansky said he would talk to IWS about this.
Commissioner Kaehler also said she had a complaint about the ballfields at Sunshine
Park. They need resurfacing.
Commission Seat II - Don Jonas:
Commissioner Jonas apologized for coming late due to an accident on 1-4. He
reported that plans are being made to honor the veterans when they come back from
Opertion Desert Storm.
Commission Seat IV - Terri Donnelly:
Commissioner Donnelly provided the Commissioners with copies of the Tax Watch
regarding budgets. She also spoke about a company that provides playground
equipment. She had a copy of the brochure for Mr. Barth. Commissioner Donnelly
said she invited Ms. Dancy to come to see if we have any questions.
Commissioner Kaehler said the next meeting of the Park Committee is March 21st at
7:30 p.m. at the Civic Center. It is to be a joint meeting with the Civic Association.
Commission Seat V - Paul P. Partyka:
Motion was made by Commissioner Partyka to appoint John Heninger, 1028 Antelope Trail
to the Board of Adjustment. Seconded by Commissioner Kaehler. Discussion. Vote on
the motion: Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler,
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Regular Meeting, City Commission, March 11, 1991
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aye; Commissioner Jonas, aye; motion carried.
Mayor's Office:
Mayor Ku1bes spoke about honoring our veterans when they return.
Meeting adjourned 10:40 p.m.
Respectfully submitted,
~/.u
Mary T. Norton,
City Clerk
MAYOR
PHI
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